{"operation":"document","citation":"12-0011","title":"Briggs and Stratton Corporation — 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":"12-0011 response to Briggs and Stratton Corporation concerning 173.29, 176.905.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-12-0011.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-12-0011.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-12-0011","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretations/2012/120011.pdf","body":"<<<PAGE 1>>>\n\nU.S. Deportment 1200 New Jersey Avenue SE\nof Transportation Washington. DC 20590\nPipeline and Hazardous\nMaterials Safety\nAdministration\nFEB 2 8 ~~~1\nMr. Don Pucci\nEnvironmental Manager, Engine Operations\nBriggs and Stratton Corporation\n731 Hwy 142\nPoplar Bluff, MO 63901\nReference No.: 12-0011\nDear Mr. Pucci,\nThis is in response to your January 09,2012 email requesting clarification of the\nInternational Dangerous Goods (IMDG) Code pertaining to the shipment of standalone\ninternal combustion engines under UN 3166. Your questions are paraphrased and\nanswered as follows:\n01. Special provision (SP) 961 of the IMDG Code provides an exemption for vehicles or\nequipment (including standalone internal combustion engines) powered by a flammable\nliquid fuel if the fuel tank of the vehicle or equipment is empty and installed batteries are\nprotected from short circuit. Specifically, you ask for an interpretation of the word\n\"empty\" as it relates to SP 961 in the IMDG Code.\nAI. For the purposes of SP 961 of the IMDG Code, empty means that the fuel tank is\nempty and the engine cannot be operated due to a lack of fuel. The fuel tank, fuel lines,\nand the engine itself do not need to be drained, cleaned, or purged of all flammable liquids\nand vapors to be considered exempt. A vehicle or piece of equipment powered by\nflammable liquid fuel is considered empty when it is run until it stalls for lack of fuel, the\nfuel gauge reads empty, and when the key is turned over the vehicle or equipment does not\nstart. A standalone internal combustion engine containing only residual fuel in the lines\nand tank that is in an amount that is insufficient to allow the engine to operate, and with no\nsigns of leakage may be considered empty for the purposes of taking the exceptions\nprovided by SP 961.\n\n<<<PAGE 2>>>\n\nQ2. If residual fuel is allowed, what amount of liquid fuel in the tanks is permissible in\norder to meet the definition of empty for SP 961?\nA2. See answer AI.\nI trust this satisfies your inquiry. Please contact us if we can be of further assistance.\nsv2~- ~\nDelmer Billings ~\nSenior Regulatory Advisor\nStandards and Rulemaking Division\n\n<<<PAGE 3>>>\n\nDrakeford, Carolyn (PHMSA)\nFrom: INFOCNTR (PHMSA)\nSent: Monday, January 09, 20124:02 PM\nTo: Drakeford, Carolyn (PHMSA)\nSubject: FW: Request for formal letter of interpretation\nHi Carolyn,\nWe received the following request for a letter of interpretation.\nThanks,\nVictoria\nVictoria Lehman\nHazmat Information Center (HMIC)\nhttp://phmsa.dot.gov/hazmat/info-center\n(202) 366-1035\nFrom: Pucci, Don [mailto:]\nSent: Monday, January 09, 2012 11:09 AM\nTo: INFOCNTR (PHMSA)\nSubject: Request for formal letter of interpretation\nDear Sirs,\nI am requesting a formal letter of interpretation from the International Maritime Organization regarding\nregulations contained within the IMDG Code codified in the 2010 EDITION. I Specifically reference recently implemented\nregulations regarding vessel transportation of articles containing internal combustion and/or internal combustion\nengines themselves.\nThese have been incorporated in Amendment 35-10. This portions states that vehicle and/or internal combustion\nengines will fall within the scope of the IMDG code and must be notified to carriers as dangerous goods, UN 3166, Class\n9.\nMost of our products have tanks that have not had fuel in them, and so clearly the provisions of Special Provision\n961 (SP 961). However one model of product is tested with fuel in the tank. There is typically a residual amount offuel\nremaining, which is less than 8 ml. Certainly, the engine cannot run on this amount of fuel and so essentially complies\nwith criteria codified in 49 CFR 176.905 (i)(l).\nSpeCial Provision ( SP961) allows us to ship these products as non Dangerous Goods if the fuel tanks(s) of the\nvehicle or equipment powered by a flammable liquid fuel is empty and installed batteries are protected from short\ncircuit.\nOperators are informing us that as long as the fuel tanks have been drained, a small amount of liquid fuel residual\nis permitted. However since this is not in line with the long-standing definition from the U.S. Department of\nTransportation's regulations codified in 49 CFR we would like you to send a written interpretation as to what the\ndefinition of empty is specific to the verbiage in SP 961 within the IMDG code.\nIs a residual amount of fuel allowed? If so, what amount of liquid fuel ( gasoline) in the tanks is permissible in order\nto meet the definition of empty for SP 961 purposes?\nWe would greatly appreciate a response, because these are being shipped as a Dangerous Goods while we await\nyour written interpretation. An email can be sent to:\npucci.don@basco.com.\nSincerely,\n1\n\n<<<PAGE 4>>>\n\nDon Pucci, Environmental Manager, Engine Operations\n2","truncated":false,"body_characters":4787}