{"operation":"document","citation":"12-0008","title":"Caterpillar, Inc. — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2012-02-28","effective_on":null,"summary":"12-0008 response to Caterpillar, Inc. concerning 173.220.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-12-0008.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-12-0008.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-12-0008","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretations/2011/120008.pdf","body":"<<<PAGE 1>>>\n\nu.s. Department 1200 New Jersey Avenue SE\nof Transportation Washington DC 20590\nPipeline and Hazardous\nMaterials Safety\nAdministration\nMr. Shae Birkey\nGlobal Hazmat Transportation\nCaterpillar, Inc.\n500 N. Morton Ave.\nMorton,IL 61550\nReference No.: 12-0008\nDear Mr. Birkey:\nThis is in response to your January 05, 2012 letter requesting clarification of the International\nDangerous Goods (IMDG) Code pertaining to the shipment of stand-alone internal combustion\nengines under UN 3166. Your questions are paraphrased and answered as follows:\n01. May shipments of stand-alone internal combustion engines (UN 3166 Engines, Internal\nCombustion) be considered equipment for the purposes of taking the exceptions provided by\nspecial provision (SP) 961 of the IMDG Code?\nAI. The answer to your question is yes. A stand-alone internal combustion engine is\nconsidered equipment and the exceptions contained in SP 961 may be taken if the conditions\ntherein are satisfied. SP 961 provides a blanket exception from the IMDG Code for vehicles\nand equipment stowed on a roll-on/roll-off vessel or in another cargo space designated by flag\nstate of the vessel as suitable for vehicles. In addition, SP 961 provides exemptions from the\nIMDG Code for shipments of vehicles or equipment under certain conditions regardless of the\ntype of vessel or the designation of the cargo space.\n02. May shipments of stand-alone internal combustion engines (UN 3166 Engines, Internal\nCombustion) be considered equipment for the purposes of applying of the provisions and\nexceptions provided by SP 962 of the IMDG Code?\nA2. The answer to your question is yes. A stand-alone internal combustion engine is also\nconsidered equipment for the purposes of SP 962 and the provisions contained therein must be\nfollowed and the exceptions from marking, labeling, and placarding may be taken. SP 962\nprovides provisions for the safe vessel carriage of vehicles or equipment that do not meet the\nconditions for exception under SP 961.\n03. Will shipments of Caterpillar products that contain internal combustion engines be\nconsidered as vehicles or alternatively equipment and be eligible for the exceptions provided\nby SP 961 and SP 962 of the IMDG Code?\nA3. The answer to your question is yes. As mentioned in answers A1 and A2 above, a vehicle\nor piece of machinery with an installed internal combustion engine qualify as equipment and\nare eligible to take the exceptions provided by SP 961 and SP 962 if the applicable provisions\nare met.\n\n<<<PAGE 2>>>\n\nNoting that there were differences in transportation requirements for shipments of UN 3166\nbetween the IMDG Code and 49 CFR; a provision was inserted in § 171.25(b)( 4) to allow\nshipments prepared in accordance with either standard. Shipments of UN 3166 offered for\ntransportation in accordance with the IMDG Code that meet the requirements for and take the\nexceptions provided by SP 961 or SP 962 of the IMDG Code, and are offered for\ntransportation as such, need not comply with additional requirements from § 173.220 or\n§ 176.905.\nI hope this satisfies your inquiry. Please contact us if we can be of further assistance.\n\n<<<PAGE 3>>>\n\nR LLAR~\nCaterpillar Logistics Inc.\n500 N. MottOl1 Ave.\nMorton, Illinois 61550 Wtbb\n~lll.,/Z.\nSteve Webb\n~ t13- 2.2.0\nTransportation Specialist- International Standards\nPipeline 8. Hazardous Materials Safety Administration (PHMSA) -U.S. DOT S 17 {po 905.\nOffice of Hazardous Materials Standards\n1200 New Jersey Avenue S.E., E24-422, Washlngt()n D.C. 20590 --rM~ftpp /lco.~·liJJ\nE24-422\n1'2..--000 t'\nJanuary 5, 2012\nMr. Webb,\nI am sending this letter concerning Amendment 35-10 of the IMDG Code in regards to Special\nProvisions 961 and 962 in the IMDG Code for UN 3166 ENGINES, INTERNAL COMBUSTION or\nVEHICLE, FLAMMABLE GAS POWERED or VEHICLE, FLAMMABLE LIQUID POWERED or\nENGI NE, FUEL CELL, FLAMMABLE GAS POWERED or ENGINE, FUEL CELL, FLAMMBLE\nLIQUID POWERED or VEHICLE. FUEL CELL, FLAMMABLE GAS POWERED or VEHICLE, FUEL\nCELL, FLAMMABLE LIQUID POWERED.\nCaterpillar Inc. and its subsidiaries and affiliates regularly consign shipments of internal\ncombustion engines under the above referenced UN 3166 entry. Special Provision 961 provides\nan exemption from the provisions of the IMDG Code if StiCh entries constitute \"Vehicles and\nequipment\" stowed on a roll-on/roll-off ship or another cargo space specifically designated and\napproved for the carriage of \"vehicles and equipment\", provided that certain other requirements\nunder Special Provision 961 have been met. Special Provision 962 provides an exemption from\nthe marking, labeling, and placarding provisions of the IMDG Code for ~vehicles or equipment\npowered by internal combustion engines\" provided certain specified conditions are met\nFor the benefit of caterpillar and its subsidiaries and affiliates, I am seeking guidance on whether\nshipments of stanq-alone internal combustion .engines (i.e. not installed in a vehicle or other\nequipment) constitute \"equipment\" under Special Provision 961 and 962 as well as confirmation\nthat internal combustion engines installed in Caterpillar products will constitute \"vehicles· or,\nalternatively, \"equipment\" for p,urposes of Special Provisions 961 and 962.\nAs the impacts of the interpretive guidance we see.K will be far reaching in terms of shipping costs,\ntraining, and logistics procedural changes, we look forward to a reply at your earUest convenience.\nSincerely, /! ,r/' f /\n>-- r V;>, f '--I\nShae Birkey\nGlobal Hazmat Transportation\nCaterpillar, Inc.\nbirke;tsh§6 i@,cat.com\n309..875-5548","truncated":false,"body_characters":5563}