{"operation":"document","citation":"12-0189","title":"Wirtgen America, Inc. — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2012-12-05","effective_on":null,"summary":"12-0189 response to Wirtgen America, Inc. concerning 173.22, 173.220.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-12-0189.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-12-0189.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-12-0189","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretations/2012/120189.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department\nof Transportation\nPipeline and Hazardous\nMaterials Safety\nAdministration\n1200 New Jersey Avenue, SE\nWashington, D.C. 20590\nDEC 0 5 2012\nMs. Stephanie Dalton\nSenior Tax Analyst\nWirtgen America, Inc.\n6060 Dana Way\nAntioch, TN 37130\nReference No.: 12-0189\nDear Ms. Dalton:\nThis is in response to your September 19, 2012 letter and subsequent phone conversation\nrequesting clarification of shipping classifications for Hazardous materials under the\nHazardous Materials Regulations (HMR; 49 CFR Parts 171-180). You state that your\ncompany imports construction machinery and equipment throughout the Americas. The\nequipment is offered for transportation by your parent company and is prepared in\naccordance with the IMDG Code and offered as UN3166, Engines internal combustion. You\nstate that the construction machines are generally shipped containing viscosity grade 46\nhydraulic oil, engine oil, special vibratory oil, ethylene glycol antifreeze, and up to 5 gallons\nof diesel fuel. You ask two questions which have been paraphrased and answered below.\nQl. Must machines containing viscosity grade 46 hydraulic oil, engine oil, special vibratory\noil, ethylene glycol antifreeze, and up to 5 gallons of diesel fuel be marked, labeled, and\nplacarded, consistent with the requirements of Subparts D, E, and F when transported by\nmotor carrier or rail car, or does 49 CFR 172.220(h) apply to except these shipments?\nAl. As specified in§ 173.22 of the HMR, it is the shipper's responsibility to properly\nclassify a hazardous material. This Office does not generally perform that function.\nHowever, mechanized equipment containing an internal combustion engine are generally\nclassified as UN 3166 Engines, internal combustion domestically. Shipments offered as\nengines, internal combustion are not subject to the requirements of Subchapter C (including\nlabeling, marking, placarding, and shipping papers) for transportation by motor vehicle or\nrail car when prepared in accordance with § 173.220.\nQ2. Must a shipper's IMO Dangerous Goods Declaration form or labeling applicable to\ntransportation by vessel accompany all shipments of construction machines when being\npicked up by motor carriers at US ports if the aforementioned qualify for exceptions from\nsuch requirements under the HMR?\n-------------·----···---·-·-~·---···---··--··--------------·\n\n<<<PAGE 2>>>\n\nA2. It is assumed this shipment is prepared in accordance with the IMDG Code as\nauthorized by § 171.22 and imported into a United States port. Subsequent highway or rail\nmovements of that shipment may choose to utilize domestic exceptions offered by the HMR\nif the shipment qualifies for the exception. Highway and rail shipments of Engines, internal\ncombustion are excepted from the requirements of Subchapter C, including shipping papers\nand labeling, if prepared in accordance with § 173.220.\nI trust this satisfies your inquiry. Please contact us if we can be of further assistance.\nSincerely,\n{!/r#l~-\nDelmer Billings\nSenior Regulatory Advisor\nStandards and Rulemaking Division\n\n<<<PAGE 3>>>\n\n/P'Ts:v-,\nWIRTGEN\nGROUP\n'·<sJ:z>/\nClose to\nour customers ROAD AND MINERAL TECHNOLOGIES\nWirtgen America, Inc.\n6030 Dana Way\nAntioch, TN 37130\nUJ~\\ob\nSeptember 19,2012\n§ lll-lL.\n~ 11lZ3\nCharles Betts\nU.S. DOT\nPHMSA Office of Hazardous Materials Standards\nEast Building\n1200 New Jersey Avenue, SE.\nWashington, DC 20590\nltvlD~\nt2-- 0 l ~~\nAttention: Review Team\nThis letter is to request clarification of shipping classifications for Hazardous Materials under Code\n(HMR, 49 CFR Parts 171-180). Wirtgen America, Inc. is a wholesale distributor of construction\nmachinery and equipment. While our parent company is located in Germany, Wirtgen America, Inc.\nsupplies construction machinery and equipment throughout the Americas, specifically in United States\nand Canada. Our parent company ships pre-fabricated machinery and equipment to the US by vessel to a\ndestination port. These machines are subsequently picked up by common carrier and sent either directly\nto our location in Antioch, TN or to our customers.\nThe construction machines shipped generally contain viscosity grade 46 Hydraulic Oil; engine oil; special\nvibratory oil in the drum's housing as well as ethylene glycol antifreeze, and up to 5 gal of diesel. Our\nmachines are packaged in non-bulk packaging and transported initially by vessel and labeled as dangerous\ngoods under the IMDG code. Our inquiry relates to compliance with the HMR for transportation from the\nport by motor carrier to another destination.\nQuestion 1: Must machines carrying viscosity grade 46 Hydraulic Oil; engine oil; special vibratory oil in\nthe drum's housing as well as ethylene glycol antifreeze, and up to 5 gal of diesel, be marked, labeled, and\nplacarded, consistent with the requirements of subparts D, E, and F when transported by motor carrier or\nrail car, or does 49 C.F.R. 173.22(h) apply to except these shipments?\nQuestion 2: Must a shipper's IMO Dangerous Goods Declaration form or labeling applicable to\ntransportation by vessel accompany all shipments of construction machines when being picked up by\nmotor carrier at US ports if the aforementioned qualify for a Hazardous Materials Labeling exception?\nThank you for your cooperation in this matter.\nSincerely,\nStephanie Dalton\nSenior Tax Analyst\nWirtgen America, Inc.","truncated":false,"body_characters":5353}