{"operation":"document","citation":"16-0023","title":"Williams International — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2016-09-27","effective_on":null,"summary":"16-0023 response to Williams International concerning 173.220, 173.56.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-16-0023.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-16-0023.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-16-0023","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretations/2016/160023.pdf","body":"<<<PAGE 1>>>\n\nof Transportation\nU.S. Department\n1200 New Jersey Avenue, SE\nWashington, D.C. 20590\nPipeline and Hazardous\nAdministration\nMaterials Safety\nMr. Stan Harrison\nSEP 2 7 2016\nTeam Leader\nWilliams International\nWalled Lake Warehousing/Transportation\n2280 East West Maple Road\nCommerce Township, MI 48390\nReference No. 16-0023\nDear Mr. Harrison:\nThis letter is in response to your January 18, 2016, email requesting clarification of the\nHazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to the\nclassification of an internal combustion engine with installed Class 1 components.\nSpecifically, you state that the installed components are classed as two \"UN0325, Igniter,\n1.4G\" and one \"UN0275, Cartridge, Power Device Installed\" and assigned the Department of\nTransportation (DOT) approval number EX-2005010294 and EX-2008010116, respectively.\nYour questions have been paraphrased and answered as follows:\nQ1. You ask if the basic description \"UN3166, Engine, internal combustion, flammable\nliquid powered, Class 9\" is appropriate and for confirmation that the engine with two\ninstalled igniters and one cartridge, power device would be eligible for the provisions\nof § 173.220(f)(1), as they are integral components of the engine and required for its\noperation.\nAl. Under § 173.56(i), the Associate Administrator for Hazardous Materials Safety may\nspecify a classification or except an explosive material from the requirements of the\nHMR. In the scenario you described, the Associate Administrator has determined that\na 1.4G igniter and a cartridge, power device that are integral parts of the combustion\nengine do not pose a hazard requiring an approval and may be excepted if the\nrequirements of § 173.220(f)(1) are met. Provided the two 1.4G igniters and one\ncartridge, power device are integral and necessary for the operation of the engine in\naccordance with § 173.220(f)(1), the basic description \"UN3166, Engine, internal\ncombustion, flammable liquid powered, Class 9\" would be appropriate. Please note\nthat this opinion is limited to the facts you presented in your letter.\nQ2.\nYou note that § 173.220(h)(1) exempts engines from placarding requirements when\ntransported domestically by ground, and you request clarification on the required\nhazard communication for international air transport of this engine.\n\n<<<PAGE 2>>>\n\nA2.\nThe requirements for the transportation of engines can vary by mode. The modal\nexceptions are provided in § 173.220(b)(4).\nPlease note that this letter of interpretation is based on the information provided specific to the\nscenario in question and should not be construed as generally applicable.\nI hope this information is helpful. Please contact us if we can be of further assistance.\nSincerely,\nIsten Foster\nT. Glenn Foster\nChief, Regulatory Review and Reinvention Branch\nStandard and Rulemaking Division\n\n<<<PAGE 3>>>\n\nAndrews\nGoodall, Shante CTR (PHMSA)\n1 3.220\n0554\nFrom:\nGeller, Shelby CTR (PHMSA)\n14-0025\nSent:\nThursday, January 28, 2016 12:14 PM\nTo:\nHazmat Interps\nSubject:\nFW: Request for a Formal Letter of Interpretation with this configuration\nAttachments:\nU.S DOT Letter of Interpretation.pdf; EX2008010116 FOR PN 72062.pdf; EX2005010294\nFOR PN 77803.pdf\nDear Shante and Alice,\nForwarded is a request for a formal letter of interpretation. I spoke with Mr. Harrison about his request. There is a\nand he mentioned that they can probably be written in the same letter\necond interpretation request which only varies slightly from this request, which I will forward next. I spoke with Aarol\nMr. Harrison's address is:\n2280 East West Maple Road\nWalled Lake Michigan, MI 48390\nThanks,\nShelby\nFrom: SHarrison@williams-int.com [mailto: SHarrison@williams-int.com]\nTo: INFOCNTR (PHMSA)\nSent: Monday, January 18, 2016 10:20 AM\nCc: SHarrison@williams-int.com\nSubject: Request for a Formal Letter of Interpretation with this configuration\nHello,\nThis is to obtain a Formal Letter of Interpretation for the classification of a shipment of a UN3166 Engine, Internal\nCombustion, Flammable liquid Powered with two UN0325 1.4G Igniter and a UN0275 1.3C Cartridge, Power Device\nPlease help with providing information for this domestic shipment.\nShipment:\nUN3166 Class 9 Engine, internal combustion, flammable liquid powered. On this engine is fixed and installed, grounded\nand shielded two UN0325, Igniter 1.4G (REFERENCE NUMBER EX2005010294) and a UNO275, Cartridge, Power Device\n(REFERENCE NUMBER EX2008010116) these are fixed components required for the operation of the engine.\nincluding placarding rules, when shipped by ground in the US and prepared in accordance with 49 CFR 173.220.\nPer 49 CFR 173.220(h)(1), Internal Combustion Engines are not subject to the Hazardous Materials Regulations,\nWith respect to the Igniter and Cartridge, Power Device, see 49 CFR 173.220(f)(1):\n\"Items containing hazardous materials... that are integral components of the motor vehicle, engine, or mechanical\ninstalled in the motor vehicle, engine, or mechanical equipment. Such items are not otherwise subject to the\nequipment and are necessary for the operation of the vehicle, engine, or mechanical equipment.. must be securely\nrequirements of this subchapter.\"\n1\n\n<<<PAGE 4>>>\n\nThe Two Igniter and One Cartridge, Power Device will be securely installed to the engine. The two Igniters will have\nactuation from High Energy Frequency Fields and Electrostatic Discharge while in storage or transporting. The Cartridge\nProtective Fraday Cap-Shorting Device installed to provide a ground path from all connector contacts to ground to prevent\nwill have a Shunt between the wires preventing any connections and a Shielding Cap attached for storage or transporting,\nthese protective devices will not be removed until the engine is installed on vehicle.\nPer IATA UN3166 Packing instruction 950(d)(1)(2): Other operational equipment\nThese dangerous good UNO325, Igniter 1.4G and UN0275, Cartridge, Power Device would not be required to be reported\non the Dangerous Goods Documents and this shipment would be shipped as a UN3166 Class 9 Engine, Internal\nCombustion, Flammable Liquid Powered.\nIn light of the above information please advise if this shipment can be made using UN3166 Engine, Internal Combustion,\nFlammable Liquid Powered,9? Please see attachments for additional information.\nThank you in advance for help!!!!\nStan Harrison\nTeam Leader\nWalled Lake Warehousing \\Transportation\nWilliams International\nPhone: (248)960-2472\nE-mail: sharrison@williams-int.com\nWILLIAMS INTERNATIONAL\nTHE POWER OF VISION\nThis email message and any attachments) are for the sole use of the intended\nrecipient(s) and may contain proprietary and/or confidential information which may\nbe privileged or otherwise protected from disclosure.\nAny unauthorized review, use, disclosure or distribution is prohibited. If you are\nnot the intended recipients), please contact the sender by reply email and destroy\nthe original message and any copies of the message as well as any attachments)\nto the original message.\nThis email message does not form a binding contract or contract amendment with\nthe sender, unless it clearly states in writing that it is a contract or contract amendment.\n2\n\n<<<PAGE 5>>>\n\nof Transportation\nU.S. Department\n1200 New Jersey Avenue, Southeast\nEast Bullding, PHH - 32\nPipeline and Hazardous\nWashington, D.C. 20590\nMaterials Safety Administration\nCompetent Authority for the United States\nThe US Department of Transportation\nCLASSIFICATION OF EXPLOSIVES\nBased upon a request by Pacific Scientific, 3601 Union Road, Hollister, CA, the\nfollowing items are classed in accordance with Section 173.56, Title 49, Code of Federal\nRegulations (49 CFR). A copy of your application, all supporting documentation and\nopy of this approval must be retained and made available to DOT upon reques\nU.N. PROPER SHIPPING NAME AND NUMBER:\nCartridges, power device, UN0275\nU.N. CLASSIFICATION CODE: 1.3C\nEX2008010116\nREFERENCE NUMBER\nPRODUCT DESIGNATION/PART NUMBER\nP/N 829000-01\nDATED: February 15, 2008\nApproved by:\nHarrettin\nfor Theodore L. Willke\nPor Hazte Aus Materials Safety\nTracking No: 2008010171\nPage 1 of 1\n\n<<<PAGE 6>>>\n\nU.S. Department\nof Transportation\n1200 New Jersey Avenue, SE\nWashington, D.C. 20590\nMaterials Safety\nPipeline and Hazardous\nAdministration\nNOV 1 3 2014\nStan Harrison\nTeam Leader\nWilliams International\nWalled Lake Warehousing/Transportation\n2280 E. West Maple Road\nCommerce Township, MI 48390\nRef. No.: 14-0071\nDear Mr. Harrison:\nThis is in response to your letter dated April 2, 2014 requesting clarification of the\nHazardous Material Regulations (HMR; 49 CFR Parts 171-180) applicable to the\nclassification of an engine with an installed Class 1 component. The installed component is\nclassed as \"UN0325, Igniter, 1.4G\" and assigned the Department of Transportation (DOT)\napproval number EX-2005010294. Specifically, you ask if the basic description \"UN3166,\nEngine, internal combustion, flammable liquid powered, Class 9\" is appropriate and ask for\nconfirmation that the engine with installed igniter would be eligible for the provisions of\n§ 173.220(f)(1) as the igniter is both an integral component of the engine and required for\noperation of the engine. In addition, you note that § 173.220(h)(1) exempts engines from\nplacarding requirements when transported domestically by ground and request clarification\non the required hazard communication for international air transport of this engine.\nUnder §173.56(i) of the HMR, the Associate Administrator for Hazardous Materials Safety\nmay specify a classification or except an explosive material from the requirements of the\nHMR. In the scenario described, the AA has determined that a 1.4G igniter that is an integral\npart of the combustion engine does not pose a hazard requiring an approval and may be\nexcepted if the requirements of § 173.220(f)(1) are met. Provided the 1.4G igniter is an\nintegral component of the engine and necessary for the operation of the engine in accordance\nwith § 173.220(f)(1), the basic description \"UN3166, Engine, internal combustion,\nfacts you presented in your letter.\nflammable liquid powered, Class 9\" would be appropriate. This decision is limited to the\nThe requirements of the HMR apply to all modes of transportation. For domestic\ntransportation to the airport of departure by motor vehicle or rail car, provided the fuel tank\nis securely closed, the engine is not subject to any other requirements under the HMR (e.g.,\nshipping papers, labeling, marking, placarding, or emergency response information). Subpart\nC of Part 171, authorizes the use of the ICAO Technical Instructions for the Safe Transport\nof Dangerous Goods by Air (TI) if any portion of the transportation is by aircraft. Under the\nICAO TI, Packing Instruction 950 provides that dangerous goods required for the operation\n\n<<<PAGE 7>>>\n\nof the vehicle, machine, or equipment must be securely mounted to the vehicle, machine, or\nequipment, and in addition requires that dangerous goods identified in Table 3-1 as forbidden\non passenger aircraft, only be transported on cargo aircraft. Special Provision A87 excepts\narticles, which are not fully enclosed by packaging, crates or other means that prevent ready\nidentification, from the marking requirements of 5;2 and the labeling requirements of 5;3.\nPlease note that this letter of interpretation is based on the information provided specific to\ninformation is helpful. If you have further questions, please do not hesitate to contact this\nthe scenario in question and should not be construed to be generally applicable. I hope this\nSincerely,\nShow Chag\nShane C. Kelley\nActing International Standards Coordinator\nStandards and Rulemaking Division\n\n<<<PAGE 8>>>\n\nU.S. Department\nof Transportation\n100 Seventh Sireet s.w.\nWashington, D.C. 20590\nResearch and\nSpecial Programs\nThe US Department of Transportation\nAdministration\nCompetent Authority for the United States\nCLASSIFICATION OF EXPLOSIVES\nBased upon a request by Pacific Scientific, 3601 Union Road, Hollister, CA, the\nRegulations (49 CFR). A copy of your application, all supporting documentation and a\nfollowing items are classed in accordance with Section 173.56, Title 49, Code of Federal\n• copy of this approyal must be retained and made available to DOT upon request.\nU.N. PROPER SHIPPING NAME AND NUMBER:\nIgniters, UN0325\nU.N. CLASSIFICATION CODE: 1.4G\nEX2005010294\nREFERENCE NUMBER\nPRODUCT DESIGNATION/PART NUMBER\n15936-05*\nNOTES:\nThe following packaging method is assigned: Inner Packaging - Bag, foil, each\ncontaining one igniter pre-wrapped in plastic bubble wrap. Outer Packaging - UN 4G\nfiberboard box, each containing not more than fifty (50) inner packagings.\nDATED: January 26, 2005\nApproved by:\nRobert A. McGuire\nAssociațe Administrator!\nHazardous Materials\nTracking No: 2005010331\nPage 1 of 1","truncated":false,"body_characters":12835}