Mr. James La Porte — Hazardous Materials Safety Interpretation

Page 1U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration February 16, 2011 Mr. James La Porte 1670 Axtell Troy, MI 48084 Reference No. 10-0270 1200 New Jersey Ave. SE Washington. D.C. 20590 Dear Mr. La Porte, This is in response to your e-mail inquiry requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to the transportation of portable generators containing gasoline. Specifically, you ask whether gasoline may remain in portable generators being transported via ground if the fuel tank is securely closed and, if so, whether the amount of gasoline in the generator must meet the quantity limitations in § 173.6 pertaining to the material of trade (MOT) exceptions. You also ask whether any other HMR requirements must be met. You reference a previous letter issued to you from this Office on July 28,2009 (#09-0145) responding to similar questions for portable generators containing [diesel] fueL The modal exceptions in § 173.220(b)( 4) apply to flammable liquid fuels and the answer to your questions above are the same as provided in the July 28, 2009 response. As explained in that letter, a portable generator containing more than 17 ounces of liquid fuel is excepted from the HMR provided the requirements in § 173.220(b)(4) are met. This also applies to portable generators containing gasoline. Therefore, for transportation by motor vehicle or rail car, provided the fuel tanks are securely closed as specified in § 173 .220(b )( 4 )(i), a portable generator containing gasoline is excepted from all other HMR requirements (see § 173.220(g», which includes the 440-pound weight limit for MOTs shipments. I hope this information is helpful. Please contact this office should you have additional questions. Sincerely, T. Glenn Foster Chief, Regulatory Review and Reinvention Branch Standards and Rulemaking Division#

Page 2Drakeford, Carolyn (PHMSA) From: Mcintyre, Joan (PHMSA) -pu y t-Q..b l--e.. ben-eY'GttvvSent: Tuesday, November 30,20105:39 PM To: Drakeford, Carolyn (PHMSA) ID- 0210 Subject: FW: Another Question Attachments: DOT Letter - MOT.pdf Carolyn, I am going to reply to Mr. La Porte that you will be logging this in as an interp - OK? (I will copy you.) .It should be 173.220. I will be glad to have it as my next assigned letter if you like. Joan 54e/286-0523 ·····Or1g1na1 Message····· ~ ~~ From: LA PORTE, JAMES J (ATTS ) Jmailto: jl7454@att.com],\ Sent: Tuesday, November 30, 201 .13 PM To: Drakeford, Carolyn (PHMSA); McIntyre, Joan (PHMSA) Subject: Re: Another Question Carolyn/Joan, My questions relates to gasoline in a standby portable generator ~at is being transported in or on trailer via ground transport (truck or trailer). I had submitted and received a letter for diesel fuel ( «DOT Letter - MOT.pdf» ). My questions relates to whether gasoline can remain 1n a stand by generator that is transported by ground on a truck or in a trailer and if the gasoline is subject, to the HMR rules including the DOT MOT regulations. Under 49 CFR 173.220(b)(4) it states that: (4) Modal exceptions. Quantities of flammable liquid fuel greater than 50e mL (17 ounces) may remain in self-propelled vehicles and mechanical equipment only under the following conditions: (i) For transportation by motor vehicle or rail car, the fuel tanks must be securely closed. In this case, could a stand-by gasoline generator (a piece of mechanical) equipment be transported in a trailer or on a truck via ground transport if the tank is securely closed. If so, does the quantity of gasoline subject to the DOT MOT regulations. I would like a written response if possible. Regards, Jim La Porte 1#

Page 31200 New Jersey Ave., SE U.S. Department Washington, DC 20590 of Transportation Pipeline and Hazardous Materials Safety Administration Jut 28 2009 Mr. James La Porte 1670 Axtell Troy, MI 48084 Ref. No. 09~0145 Dear Mr. La Porte: This responds to your June 17, 2009 inquiry concerning requirements applicable to the transportation of portable generators containing fuel under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). Specifically, you ask ifportable generators that contain fuel are excepted from the HMR under § 173.220(b)(4). The answer is ye§,,~Ihaccordance with provisions in §§ I 73.220(b)(4) and I 73.220(g), a portable ge:rtemfor containing more than 17 ounces of liquid fuel that is transported by high~.;M5r rail is excepted from HMR requirements provided all the conditions listed in paragraph (b)(4) arc met. You also ask whether the 440~pound weight limit in the materials of trade (MOTs) exception in § 173.6 applies to the shipment of your portable generators containing fuel. A portable generator transported in accordance with § 173 .220(b)( 4) is excepted from all other HMR requirements. Thus, the 440-pound weight limit for MOTs shipments docs not apply. I hope this answers your inquiry. Sincerely, '~~ f::;:~ Chief, S landards Development Office of Hazardous Materials Standards#