{"operation":"document","citation":"98-0532","title":"Delphi Energy & Engine Management Systems — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"1998-02-27","effective_on":null,"summary":"98-0532 response to Delphi Energy & Engine Management Systems concerning 173.159.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-98-0532.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-98-0532.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-98-0532","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/1998/980532.pdf","body":"<<<PAGE 1>>>\n\n\":\nof Transportation\nU.S. Department\nWashington, D C.\n400 Seventh Street. S.W\n20590\nSpecial Programs\nResearch and\nAdministration\nFEB 27 ISSO\nMr. David McCullough\nDivisional Hazardous Material Coordinator\nDelphi Energy & Engine Management Systems\n8750 Hague Road\nIndianapolis, IN 46250\nDear Mr. McCullough:\nThis is in response to your letter regarding transportation of batteries and automotive\ncomponents containing gasolitie residues under the Hazardous Materials Regulations (HMR;\n49 CFR Parts 171-180). Your questions are paraphrased and answered as follows:\nQ. What does \"not subject to the requirements of this subchapter,\" as stated in\n§ 173.159(e) mean?\n(\nA.\nThis subchapter is \"Subchapter C\" of 49 CFR which is the Hazardous Materials\nRegulations Parts 171-180. The HMR include, but are not limited to, shipping paper,\nmarking, labeling, placarding, and training requirements. When a material is not\nsubject to the requirements of the subchapter, a shipper or carrier is not obligated to\ncomply with the HMR beyond specific applicable provisions. For example, under\n§ 173.159(e), you must comply with § 173.159(e)(I), (2), (3), and (4), but no other\nprovisions of the HMR.\nQ. What does the term \"transport vehicle\" include?\nTransport vehicle means a cargo-carrying vehicle, such as an automobile, van, tractor,\ntruck, semitrailer, tank car or rail car used for the transportation of cargo by any mode.\nEach cargo-carrying body (trailer, rail car, etc.) is a separate trasnport vehicle. ( See\n§ 171.8.)\nMay a material be a hazardous material even if it is not listed in the Hazardous\nMaterial Table (HMT) specifically by name?\nA.\nYes, a hazardous material that is not listed in the HMT specifically by name must be\ndescribed by a generic name. It must be determined if the material meets any of the\nhazard class defining criteria in Part 173 of the HMR. For example, the proper\nshipping name, \"Flammable liquid, n.o.s.\", may describe a material meeting the Class\n(\n3 (flammable liquid) definition which is not listed in the HMT specifically by name.\n173.154\n\n<<<PAGE 2>>>\n\nQ.\nIs gasoline residue regulated?\nA.\nYes, as provided by § 173.29, an empty packaging containing only the residue of a\nhazardous material is regulated in the same manner as when it previously contained a\ngreater quantity of the hazardous material. However, § 173.29 does except a\npackaging that is sufficiently cleaned of residue and purged of vapors to remove any\npotential hazard or a packaging that is refilled with a material which is not hazardous\nto such an extent that any residue remaining in the packaging no longer poses a hazard\nfrom the HMR.\nI hope this information is helpful. If you need further assistance, please contact us.\nSincerely,\nDelmer F. Billings\nChief, Regulations Development\nOffice of Hazardous Materials Standards\n(\n\n<<<PAGE 3>>>\n\nDELPHI\nnergy & Engin\nlanagement Syster\nAdministrator, Research & Special Programs\nTransportation, 400 Seventh St, S.W\nAdministration, U.S Department of\nWashington, D.C 205590\nDear Sir:\nDelphi Energy & Engine Management Systems, G.M.C manufactures automotive components.\nThese components are shipped to customers in various locations through out the world.\nIn order to meet customer and internal quality assurance standards, some components are\nreturned to point of manufacture. Components returned are subjected to laboratory analysis, and\nwarranty testing.\nexpedited shipment and evaluation. Due to time constraints and product warranty issues the\nThe analysis and testing of the components are normally very \"time sensitive \" requiring\npreferred procedure for return of components to point of manufacture will be performed by\nexpedited freight carrier and field service personnel.\nAfter review of Title 49 CFR Subpart A 173.4 - 173.6 - 173.13, and Subpart E 173.159 E it appears\nthat the preferred procedure would be in compliance. However in order to validate compliance\nwith federal and state hazardous material regulations, clarification regarding the following\ncomponent parts shipping requirements must be established.\nThe following components are product which need to be returned to point of manufacture for\nanalysis and testing:\nB: batteries, non-spillable, 8, un2800, pg I|l\nA: batteries, wet filled with acid, 8, un2794, pg III.\nC: fuel injector, fuel residue ( gasoline )\nD: fuel rail, fuel residue ( gasoline )\nE: spark plug, fuel residue (gasoline )\nAt this point in time only items A & B above can be defined specifically as a hazardous material.\nItems C, D, and E appear to have a very limited hazard due to the amount of residue.\nIn reviewing the regulations it appears that items C, D, and E listed above are not specifically\nlisted as a hazardous material. Therefore we are requesting a written clarification to determine the\ncorrect classification of the components.\n\n<<<PAGE 4>>>\n\nIn addition to the classification, we are requesting a interpretation regarding the transport of the\ncomponents. The components are always shipped in limited quantities. Can these limited quantity\nshipments be transported in company vehicles utilized by field service personnel?\nthe proper information allowing for compliance to federal and state hazardous material\nClarification of the above issues will provide Delphi Energy & Engine Management Systems with\nregulations.\nIf you have any additional questions I can be reached at 317-579-3332 or fax 317-579-3402.\nRegards;,\nDavid McCullough\nDania Ms Gullaug\n8750 Hague Rd\nDivisional Hazardous Material Coordinator\nIndianapolis, Indiana 46250\n\n<<<PAGE 5>>>\n\n\"°s.\na9: 00s 70: 173.159\nDELPHI\nEnergy & Engine\nManagement Systems\n.: 3: 05\nAdministrator, Research & Special Programs\nTransportation, 400 Seventh St, S.W\nAdministration, U.S Department of\nWashington, D.C 205590\nRe: Clarification for shipping Hazardous Material\nDear Sir:\nDelphi Energy & Engine Management Systems G.M.C is a shipper of hazardous material. the\nproduct in question is (Batteries, Wet Filled With Acid, 8, UN 2794. PG III. )\nthis product is transported under Title 49 CFR Subchapter B, 173.159 E, the product is non-\nDuring the last several months various carriers who transport this product have stated that when\nregulated. Therefore labels, placarding, and hazardous material bill of lading are not required.\nIn order to maintain full compliance to all federal & state hazardous material regulations, we are\nrequesting a written interpretation regarding 173.159 E.\nRegards;\nDanis me cuelaugh\nDivisional Hazardous Material Coordinator\nDavid McCullough\n8750 Hague Rd.\nDelphi Energy & Engine Management Systems\nIndianapolis, Indiana 46250","truncated":false,"body_characters":6614}