URS Corporation — Hazardous Materials Safety Interpretation

Page 1U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration 1200 New Jersey Ave, S.E. Washington, D.C. 20590 JUL 3 1 2013 Mr. Andrew N. Romach Regulatory Compliance Manager URS Corporation 1600 Perimeter Park Drive Morrisville, NC 27560 Ref. No. 13-0125 Dear Mr. Romach: This responds to your June 14, 2013 letter regarding a previous letter of interpretation 02- 0120 dated October 18, 2002 (see enclosed) that summarized exceptions provided in §§ 173.150 and 173.220 ofthe Hazardous Materials Regulations (HMR; 49 CFR Parts 171- 180). Your questions are paraphrased and answered as follows: Q 1. With regard to the paragraph citations to § 173.220 in Q 1 and A 1 of the letter, does letter of interpretation 02-0120 remain valid even though subsequent rulemakings have made changes to the paragraph citations? A 1. Yes, although paragraph citations in § 173.220 have been changed by rulemaking, the content of the letter remains valid. An internal combustion engine containing only residual flammable liquid fuel up to 500 mL (17 ounces) and that is transported by motor vehicle is not subject to any additional requirements of the HMR (see§ 173.220(b)(1) and (h)(l)). Q2. Is a flammable liquid with a flash point greater than or equal to 38°C (1 00°F) that is contained in an aviation turbine engine with a capacity less than 119 gal (450 L) still eligible for exception from the HMR under § 173 .150(f). A2. Yes. In accordance with § 173 .I 50( f), a flammable liquid (as defined in § 173.120) with a flash point greater than or equal to 38°C (1 00°F) that does not meet the definition of any other hazard class and that is transpmied by motor vehicle or rail (i.e., ground transportation) may be reclassed as a combustible liquid. A combustible liquid in a non-bulk packaging transported by motor vehicle or rail is not subject to the HMR unless the material is a hazardous substance, a i1azardous waste, or a marine pollutant. Note that the regulatory revision to the upper limit of the flash point range from 60.5°C (141 °F) to 60°C (140°F) (see rulemaking HM-215! (December 26, 2006; 78596, 78631)) for defining a material as a t1ammable liquid has no bearing on the response. The reclassification of a material as combustible is based on whether the flash point exceeds 3 8 oc (1 00°F) and is transported by motor vehicle or rail (except#

Page 2when these means of transport are impractical). See§§ 173.120(b)(2) and 173 .150(f)(l ). I hope this information is helpful. If you have further questions, please contact this off!ce. Sincerely, Robert Benedict Chief, Standards Development Branch Standards and Rulemaking Division Enclosure: Letter of Interpretation 02-0120#

Page 3Der K;nderm ~ l78· :;.:;.o % t73· I ~D June 14,2013 l 3-D 1:2.6 Mr. Charles Betts, Division Director Standards and Rulemaking (PHH-1 0) U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration East Building, 2nd Floor 1200 New Jersey Ave., SE Washington, DC 20590 Dear Mr. Betts: I am writing to confirm that the DOT regulatory interpretation 02-0120 (issued October 18, 2002) remains valid, as the interpretation is more than 10 years old and some of the regulatory citations have changed based on a restructuring of the regulations in the interim. (See attached.) For example: Ql: 49 CFR 173.220(e)(1) is now 173.220(h)(l) AI: 49 CFR 1 73.220(d)(2) is now 1 73.220(f)(2) A3: The upper limit for the flashpoint range for a flammable liquid is now 60°C (140°F) Also, please confirm that a flammable liquid (such as "Fuel, aviation, turbine engine") with a flash point at or above 38°C (1 00°F) that is present in an aviation turbine engine ("Engines, internal combustion,jlammable liquid powered") with capacity less than 450 liters (1 19 gallons) would be able to take advantage of the combustible liquid exception in 49 CFR 173.150(f) and be shipped by ground transportation as excepted from the Hazardous Material Regulations (HMR). I would appreciate your assistance with these questions. Sincerely, ~~ciphons Andrew N. Romach Regulatory Compliance Manager URS Corporation URS Corporation 1600 Perimeter Park Drive Morrisville, NC 27560 Tel: 919.461.1220 Fax: 919.461.1371 andy.romach@urs.com#

Page 40 u.s. Department of Transportation Research and Special Programs Administration 400 Seventh St, s.w. Washington, D.C. 20590 OCT 1 8' 2002 Mr. Andrew N. Romach URS Corporation 1600 Perimeter Park Drive Morrisville, NC 27560 Ref No. 02-0120 Dear Mr. Romach: This responds to your iett.er fega;r::ding ··ar/ internal cbrcl:)ustion .. engine containing residual fl~itu:ria;ble' iiqu'ids·; 'such as . gasoline o,r ·aviat-ion fuel, under· the Hazard6ti'.i'··M~·ti4'±-:fal:s cRegul:atiohs (HMR;· 49 · CFR ·Parts 171-180} that is trcirisl;fO'rte·a··as ·c;-;l':rgo on a transport · vehicle. Your questions are paraphr~:ised aild answered· as follows: Ql. We offer, for transportationby.motor vehicle, internal combustion engines containing r.esiduai. flamrciable .liquid fuel in quantities of.less than 500.mL'.{l7 ounces) in 'accordance with § 173.220 (b).(l). Are we eligible ·:for the. ex·ceptions provided under § 173.220 (e) ( 1)? · · · · ··' Al. The answer is yes·. Excep't ·for other hazardous rira.terials specified in § 173'. 220 (d) (2)~ ·inte,rnal combustion' engines shipped under the provisions of § '1:73-~220 are not subject to any additional requirements of the HMR when transported on a transport vehicle. Q2. Can an internal combustion engine be defined-as "mechanical equipment" under the modal exceptions in§ 173.220(b) (4) and, therefore, contain a quantity of flai:nrnable liquid fuel greater than 500 mL (17 ounces)? A2. The answer is no. Only mechanical equipment and self- propelled vehicles may be offered for transportation containing a quantity of fuel greater than.SOO mL (17 ounces). Mechanical equipment or apparatus will normally contain a fuel tank, a battery, or both, of which an internal combustion engine will be an integral part. Q3. The engines we offer for transportation are very large and, with the fuel tanks removed; the fuel lines contain residual fuel that cannot be drained to a quantity of 500 mL (17 ounces) or below. How may an internal combustion engine be described and classed for transportation on a transport vehicle if it does not meet the definition of "mechanical equipment" under the context of§ 173.220(b) {4}? 1\lllllllllllllllll 020120#

Page 5A3. An internal combustion engirie with fuel lines containing more than 500 rnL of residual flammable liquid fuel in Packing Group II, such as gasoline, must be offered for transportation in UN standard packaging based on the description and hazard class of the fuel itself, or under the terms of a DOT exemption. In a telephone conversation ·with Mr. Michael stevens of my staff you also posed a scenario ·where the internal fuel capacity of an aviation turbine engine was determined to be less than 450 lit_ers (119 gallons) :and· the eng~he contained residual flammable liquid fuel (.> 500 mL). with a· ,flash point above 38 Qc (100 °F) . . Y:o.u· ·inquir.e.d whether th~ engine may be excepted from the HMR: under the.,combustible liquid in non -bulk packaging prmr.J;'sic;>n:s in § '.1:7.3 ~ is o ( f} (2) .-. ·The answer is yes. A -~;lclrofu~~l~';~~~~-~-~~~th,: a ·fiash point·:. between 38 °C (100 °F) and 60.5 <1c· (141 °F) .ehat:'does not. meet the definition of anyother•hazard class.i:na;y be· reclassed as a .combustible .liq.uid when offe:red f:0r . ··. · transpor.tation by motor ''Vehicle.:~ A· GOmbus.tible J.iquid in:. a non-bulk packaging may be -exceptect:··f:rom the 'requirements of the HMR under the condit.ion_s speCified in.§:.17~_.150~(f} .. · I trust this satisfies your inquiry~· ··Please ·contact us if we can be of further assistance. ··· Sincerely, (~.:z::y~· Hattie L. Mitchell Chief, Regulatory Review anct· Reinvention Office of Hazardous Materials Standards .·,.· .. ·#

Page 6FROM• U~S CORPORRTION NC FRX NO.• 9194611371 steve.v1.~ Apri123, 2002 ~ 178. zzo (ftV{_J) Prapu- Sh 'if' ,;:\!{Mit~ oz- 0/Z. 0 Mr. Ed Mnzzullo, Director Office of Hazardous Material Standards- Research and Special Programs Ad.rninistration U.S. Department ofTransportation - 400 7th Street, SW Washington, DC 20590-0001 FAX: (202) 366-3012 Dear Mr. Mrizllllo: ~ . . -' '.. ·' ~ . . :···~: ... • ~·, ... . '"' . ,_, r . . . I ani writing to you to request a written regulatozy iriterpre~a'tion. concerning th.e.appi:'opriate scenario for shipping by ground tian:sportation a:n internal combti'Stiot_l'~gine disconnected from : . its fuel tank and the fuel tank is not part- of the snip'inent. -The engirie contains a res.idual amount of fuel (such as gasoline), but the engine is seourely'pluggeti and capped to pre'vent lcakag.: - dUring transit and contains no other haiardou:s materials except for.the fuel. I have two-questions:· 1. rf the engine contains up to soo m1 (1'7 oun'cca) offueVwould tli~'en-gine meenhe · requirements of 49 CFR 173.220(-b)(l) and be cxc~ptcd.frotn•thc harudo'us matcrial:r¢_gulations in49CFR173.22J(e)? . ·· '·,. 2. If the engine contains greater than SOO ml ( 17 aunces.)·of.fuel; would the engine meet the definilion of"meclumioal equipment" as listed tn 49 C:fR 173.220(b)(4)? In this i~stanoe, the fuel tank has been removed from the engine so that it is irrelevant for the fuel tank to: be securely closed. Would plugging and capping the fuel lines securely to ensure that they do not leak be sufficient to meet these requirements? This particular engine is very: large, and although it onlY contains a residual amount of fuel, even after the engine has been drained and purged, more than SOO ml of fuel could remain dispersed throughout the lin!;fs. If the engine disconnected from its engine is unable to take advantage of the modal exception in 49 CFR 17-3..220(b)(4). what would . be the appropriate proper shipping name. UN number and appropriate scenario for shipping this engine by ground transportation? I appreciate your consjderation of this matter. Sincerely, AndrewN. Romac Regulatory Manager URS Corporation URS Corporation ~ 600 Perimeter Park Olive Monisville, NC 27560 Tel: 919.461.1220 ~ax:919.481.1371 andy _romach@urseorp.com :. :#