{"operation":"document","citation":"12-0101","title":"Somero Enterprises, Inc. — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2012-05-16","effective_on":null,"summary":"12-0101 response to Somero Enterprises, Inc. concerning 176.905.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-12-0101.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-12-0101.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-12-0101","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretations/2012/120101.pdf","body":"<<>>\n\nU.S. Department\nof Transportation\nPipeline and Hazardous\nMaterials Safety\nAdministration\n1200 New Jersey Avenue, SE\nWashington, D.C. 20590\nMAY 1 6 2012\nMs. Karen Massicotte\nBuyer/Planner\nSomero Enterprises, Inc.\n46980 North Highway M-26\nHoughton, MI 49931\nRef. No.: 12-0101\nDear Ms. Massicotte:\nThis is in response to your April 13, 2012letter requesting clarification of requirements in\nthe Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) and the International\nMaritime Dangerous Goods (IMDG) Code. Specifically, you ask whether a gasoline-\npowered concrete screeding machine with an empty fuel tank, small accumulator securely\nmounted to the equipment, and non-spillable battery installed in a manner so as to protect it\nfrom short circuits, meets the exception in IMDG Code Special Provision 961.\nThe answer to your question is yes. In accordance with both the HMR and the IMDG Code,\nvehicles or equipment powered by flammable liquid fuel are classified as hazardous\nmaterials (dangerous goods) under identification number UN3166; however, depending\nupon how the vehicles or equipment are shipped, relief may be provided from some or all of\nthe regulations.\nEquipment powered by internal combustion engines, fuel cells, or batteries (UN3166)\nshipped by vessel in accordance with Special Provision 961 are not subject to any other\nprovisions of the IMDG Code ifthe following requirements are met: (1) The equipment is\nstowed on a roll-on/roll-off vessel or another space designated as suitable for vehicles and\nequipment and there are no signs of leakage from the battery, engine, fuel cell, compressed\ngas cylinder or accumulator, or fuel tank when applicable; (2) The fuel tank(s) of the vehicle\nor equipment powered by a flammable liquid fuel is empty and installed batteries are\nprotected from short circuit; (3) The fuel tank(s) of the vehicle or equipment powered by a\nflammable gas is emptied of liquefied or compressed gas, the positive pressure in the tank\ndoes not exceed 2 bar, the fuel shut-off or isolation valve is closed and secured, and installed\nbatteries are protected from short circuit; or ( 4) The vehicle or equipment is solely powered\nby a wet or dry electronic storage battery or a sodium battery, and the battery is protected\nfrom short circuit.\n\n<<>>\n\n· It should be noted that equipment powered by internal combustion engines, fuel cells, or\nbatteries shipped by vessel in accordance with§ 176.905(i) of the HMR are not subject to\nany other requirements of the HMR.\nI hope this information is helpful. · If you have further questions, please do not hesitate to\ncontact this office.\nSincerely,\nRobert Benedict\nChief, Standards Development\nStandards and Rulemaking Division\n\n<<>>\n\nApril 13, 2012\nlAitnter\n1S ) '7/ . /2.\n~ 172· ~Jot·\nC I ass: -PI(:o.-+t o Vl\nl2--01D(\nRe: Written interpretation on the proper classification of equipment\nAttention: Review team\nAssistance is requested in having the following characteristics reviewed for appropriate\nuse for classification of ocean shipments to determine if hazardous classification is\nappropriate.\nEquipment description:\nConcrete screeding machines, ride on or walk behind. This equipment is used for\nflattening wet concrete to finished levels. Typical use would be for leveling wet concrete\non a job site for a warehouse floor.\nEquipment characteristics:\n• Gasoline powered engine - fuel tank is empty and the engine cannot be operated\ndue to a lack of fuel (Typical HP ranges are 6, 13.5, & 20.5 HP)\n• Small accumulator (nitrogen compressed - less than 0.5 liter capacity, 1,200 PSI\nmaximum), which is securely mounted to the equipment\n• Non-spillable battery I installed in a manner protecting from short circuits\nPlease confirm that special provision 961 is appropriate for shipping this equipment by\nocean under the IMDG Code.\nIf we have not classified the equipment correctly, your recommendation would be\nappreciated.\nSincerely,\nKaren Massicotte\nBuyer/Planner\nSomero Enterprises, Inc.\n46980 North Highway M-26\nHoughton, MI 49931\n906-483-2719\n\n<<>>\n\nPage 1 of 1\nhttp://www .mbw .com/img/products/ concrete/ creteequip/ screeds/ demon/studio .jpg 5/8/2012\n\n<<>>\n\nPage 1 of 1\nhttp:/ /www.concreteconstruction.net/Images/tmpF lA.tmp _ tcm45-971944.jpg 5/8/2012\n\n<<>>\n\nDrakeford, Carolyn (PHMSA)\nFrom:\nSent:\nTo:\nSubject:\nAttachments:\nINFOCNTR (PHMSA)\nMonday, April 16, 2012 12:59 PM\nDrakeford, Carolyn (PHMSA)\nFW: Request for Department of Transportation Written Interpretation\nRequest for Department of Transportation Review.doc\nHi Carolyn,\nWe received the following request for a letter of interpretation.\nThanks,\nVictoria\nFrom: Massicotte, Karen [mailto: KMassicotte@somero.com]\nSent: Friday, April 13, 2012 5:47 PM\nTo: INFOCNTR (PHMSA)\nCc: wjbrin@yahoo.com\nSubject: Request for Department of Transportation Written Interpretation\nGood morning!\nPlease see attached request for a written interpretation on a hazardous determination.\nThank you for for reviewing this information. We look forward to your guidance.\nSincerely,\nKaren\n1","truncated":false,"body_characters":5077}