{"operation":"document","citation":"99-0082","title":"Defense Logistics Agency — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"1999-04-22","effective_on":null,"summary":"99-0082 response to Defense Logistics Agency concerning 173.220.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-99-0082.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-99-0082.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-99-0082","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/1999/990082.pdf","body":"<<<PAGE 1>>>\n\nof Transportation\nU.S. Department\nWashington, D.C\n400 Seventh Street, S.W.\n20590\nResearch and\nAdministration\nSpecial Programs\nAPR 2 2 1999\nMr. James O. Rimel, Sr.\nChief, Distribution Operations\nRef. No. 99-0082\nDefense Logistics Agency\nDefense Distribution Center\n2001 Mission Drive\nNew Cumberland, PA\n17070\nDear Mr. Rimel:\nThis\nresponds to your letter of March 24, 1999; concerning\nrequirements for shipment of motor vehicles containing fire\nextinguishers or other hazardous materials under the Hazardous\nMaterials Regulations (HMR; 49 CFR Parts 171-180):\nSpecifically, you ask whether a fire extinguisher may be\nmounted in the motor vehicle during shipment and shipped under\nthe provisions of § 173.220 (g) of the HMR.\nSection 173,220\nwas recently revised. In a final rule\npublished March 5, 1999, under Docket HM-215C, S 173.220 (d)\nwas amended to provide an exception from the requirements of\nthe HMR for fire extinguishers, compressed gas accumulators,\nsafety devices, and other hazardous materials that are\nintegral components of a motor vehicle, engine, or equipment\nand are necessary to operate the equipment or for the safety\nof its operator or passengers.\nSuch hazardous materials must\nbe securely installed in the motor vehicle, engine, or\nmechanical equipment, but are not otherwise subject to the\nrequirements of the HMR. The changes become effectiye on\nOctober 1, 1999.\nauthorized.\nImmediate voluntary compliance is\nEnclosed for your information are the pages from the Federal\nRegister publication that contain the revised text for\n$ 173.220. You can view the complete final rule by accessing\nthe hazardous materials safety home page at\n990082\n173.220\n\n<<<PAGE 2>>>\n\n\"http://hazmat.dot.gov.\" If you do not have Internet access,\nyou can call the Hazardous\nMaterials Information Center at\n1-800-467-4922 to obtain a copy.\nI hope this information is helpful. If you have further\nquestions, please do not hesitate to contact this office.\nSincerely,\norin A. Allan\nThomas G. Allan\nSenior Transportation Regulations Specialist\nOffice of Hazardous Materials Standards\nEnclosure\n\n<<<PAGE 3>>>\n\n10778\nFederal Register / Vol. 64, No. 43/Friday, March 5, 1999/ Rules and Regulations\npackaging with sufficient cushioning\nthey must be packed in the outer\n§ 173.220\nself-propelled vahicles, mechanical\nInternal combustion engines,\noperating or inoperative, when used for\nmaterial to prevent breakage.\nequipment containing Internal combustion\nloaded on flat cars as part of a joint rail\nthe transportation of other freight and\nouter packagings must have inner\n(4) Elther the inner packagings or the\nequipment.\nengines, and battery powerad vehicles or\nand highway movement, provided the\nlinings or bags of strong leakproof and\n(a) Applicability. An internal\nequipment and fuel supply conform to\nto mercury, completely surrounding the\npuncture-resistant material impervious\ncombustion engine, self-propelled\nsubchapter.\nthe requirements of § 177.834(1) of this\nwill be prevented irrespective of the\ncontents, so that the escape of mercury\nvehicle, mechanized equipment\ncontaining an internal combustion\nflammable liquid fuel greater than 500\n(4) Modal exceptions. Quantities of\nequipment is subject to the\nengine, or a battery powered vehicle or\nposition of the package.\npropelled vehicles and mechanical\nmi (17 ounces) may remain in self-\nrequirements of this subchapter when\ntransported as cargo on a transport\nequipment only under the following\n§173.164 [Amended]\nvehicle, vessel, or aircraft if—\nconditions:\nparagraph (c) introductory text, the\n46. In addition, in § 173.164, in\n(I) The engine or fuel tank contains a\nor rail car, the fuel tanks must be\n(l) For transportation by motor vehicle\nwording \"not more than 100 mg (0.0035\nliquid or gaseous fuel. An engine may\nbe considered as not containing fuel\nsecurely closed.\nounce)\" is removed.\nwhen the fuel tank, engine components,\nand fuel lines have been completely\nshipment must conform to § 176.905 of\n(il) For transportation by vessel, the\nlast sentence is revised to read as\n47. In § 173.166, in paragraph (c), the\ndrained, suffictently cleaned of residue,\nthis subchapter.\nfollows:\nand purged of vapors to remove any\ndesigned or modified for vehicle ferry\n(ill) For transportation by aircraft\nmodules and seat-belt pretensioners.\n$ 173.166 Air bag inflators, air bag\nheld in any orientation will not release\npotential hazard and the engine when\nto § 175.305 of this subchapter.\noperations, the shipment must conform\n*\nany liquid fuel;\n(2) It is equipped with a wet electric\nWet batterles must be securely installed\n(c) Wet battery powered or installed.\nproduct code on the outside package is\n(c) * * * Marking the EX number or\nspillable battery; or\nstorage battery other than a non-\nand fastened in an upright position.\nnot required.\n(3) Except as provided in paragraph\ncircuits and leakage or removed and\nBatterles must be protected against short\n*\n*\n*\n(d) (1) of this section, it contains other\nhazardous materials subject to the\npackaged separately under § 173.159.\n§ 173.166 (Amended)\n• requirements of this subchapter.\nBattery powered vehicles, machinery or\nfollowing changes are made:\n48. In addition, in § 173.166, the\n(b) Requirements. Unless otherwise\nequipment including battery powered\nexcepted in paragraph (b) (4) of this\nwheelchairs and mobility alds are\nsentence, the wording \"a booster\na. In paragraph (a), in the first\nsection, vehicles, engines and\nsubchapter when transported by rail,\nexcepted from the requirements of this\nand \"a booster material, a gas generant\nmaterial and a gas generant\" is removed\nequipment are subject to the following\nreautrements.\nhighway or vessel.\n(1) Flammable liquid fuel. A fuel tank\nItems of equipment containing\n(d) Other hazardous materials. (1)\n(cylinder)\" is added in its place.\nand, in some cases, a pressure vessel\nbe drained and securely closed, except\ncontaining a flammable liquid fuel must: hazardous materials, fire extinguishers,\nthe wording\nb. In paragraph (b) introductory text,\nthat up to 500 ml (17 ounces) of residual\ncompressed gas accumulators, safety\nremoved and \"as Class 9 (UN3268) or\n\"as Class 9 only\" is\nfuel may remain in the tank, engine\ndevices and other hazardous materials\ncomponents, or fuel lines provided they\nwhich are integral components of the\nDivision 2.2 (UN3353)\" is added in its\nare securely closed to prevent leakage of\nequipment and are necessary for the\nmotor vehicle, engine or mechanical\n\"second revised edition, 1995\" is\nc. In paragraph (b) (2), the wording\npropelled vehicles containing diesel\nfuel during transportation. Self-\noperation of the vehicle, engine or\ntuel are excepted from the requirement\noperator or passengers must be securely\nequipment, or for the safety of its\n\"as Class 9\" is removed and \"as Class\nd. In paragraph (b) (3) (il), the wording\nto drain the fuel tanks, provided that\nsufficient ullage space has been left\ninstalled in the motor vehicle, engine or\ninside the tank to allow fuel expansion\nnot otherwise subject to the\nmechanical equipment. Such items are\n9 or Division 2.2\" is added in Its place.\nsentence, the wording \"to the inflator\"\ne. In paragraph (c), in the second\nwithout leakage, and the tank caps are\nsecurely closed\nrequirements of this subchapter.\n(2) Flammable liquefied or\npackaged and transported in accordance\n(2) Other hazardous materials must be\nis removed and \"to the inflator,\nmodule\" is added in its place.\nsystems containing flammable liquefied\ncompressed gas fuel. Fuel tanks and fuel\nwith the requirements of this\nsentence, the wording \"or NON-\nf. In paragraph (f), in the first\nor compressed gas fuel must be securely\nclosed. For transportation by water, the\nparagraph (d) (2) of this section,\n(e) Exceptions. Except as provided in\nimmediately following the wording\nFLAMMABLE GAS\" is added\nrequirements of S 176.78(k) and 176.905\nof this subchapter apply. For\nshipments made under the provisions of\n\"CLASS 9\"\nfuel system must be emptied and\ntransportation by air, the fuel tank and\n(1) Are not subject to any other\n§173.196 [Amended]\nsecurely closed or must be removed,\nrequirements of this subchapter, for\nIn the first sentence, the wording \"An\n49. In S173.196, paragraph (a) (1) (it),\npackaged and transported in accordance\ntransportation by motor vehicle or rail\nabsorbent material\" is removed and\nthe requirements of this subchapter.\n(3) Truck bodies or trailers on flat\n(2) Are not subject to the requirements\n\"When the primary receptacle contains\ncars-flammable liquid or gas powered.\nlabeling and placarding, respectively) of\nof subparts D, E and F (marking,\nliquids, an absorbent material\" is added\nin its place.\nTruck bodies or tratlers with automatic\nheating or refrigerating equipment of the of this subchapter (emergency response\npart 172 of this subchapter or $ 172.604\nas follows:\n50. Section 173.220 is revised to read\nflammable liquid type may be shipped\nwith fuel tanks filled and equipment.\ntelephone number) for transportation by\nvessel or aircraft. For transportation by\n\n<<<PAGE 4>>>\n\nFederal Register/Vol. 64, No. 43/Friday, March 5, 1999/Rules and Regulations\n10779\naircraft, all other applicable\nrequirements of this subchapter,\n§173.222 Dangerous goods in aquipment,\nmachinery or apparatus.\nof this subchapter, unless otherwise\nconform to the applicable requirements\nresponse information, notification of\nIncluding shipping papers, emergency\napparatus are excepted from the\nHazardous materials in machinery or\nAdministrator for Hazardous Materials\napproved by the Associate\npilot-in-command, general packaging\nrequirements, and the requirements\nthis subchapter when packaged\nspecification packaging requirements of\nSafety.\nspecified in S 173.27 must be met. For\naccording to this section. Hazardous\ntotal net quantity of hazardous materials\n(c) For transportation by aircraft, the\nexceptions are specified in S 176.905 of\ntransportation by vessel, additional\nmaterials in machinery or apparatus\nmust be packaged in strong outer\nmachinery or apparatus must not exceed\ncontained in one item of equipment,\nthis subchapter.\n51. Section 173.221 is revised to read\npackagings, unless the receptacles\ncontaining the hazardous materials are\nthe following:\nas follows:\nafforded adequate protection by the\n(1) 1 kg (2.2 pounds) in the case of\n§ 173.221 Polymeric beads, expandable\nconstruction of the machinery or\nand Plastic molding compound.\napparatus. Each package must conform\n(2) 0.5 L (0.3 gallons) in the case of\n(a) Non-bulk shipments of Polymeric\nto the packaging requirements of\nbeads (or granules), expandable,\nsubpart B of this part, except for the\nDivision 2.2 gases; and\n(3) 0.5 kg (1.1 pounds) in the case of\nmolding compound in dough, sheet or\nevolving flammable vapor and Plastic\n173.27(e), and the following\nrequirements in §S 173.24(a) (1) and\nthe aggregate of that permitted in\n(4) A total quantity of not more than\nextruded rope form, evolving flammable\nrequirements:\nvapor must be packed in: wooden (4C1\n• (a) If the equipment, machinery or\nparagraphs (c)(1) through (c) (3) of this\noT 4C2), plywood (4D). fiberboard (4G).\napparatus contains more than one\nthe package, when a package contains\nsection, for each category of material in\nreconstituted wood (4F) boxes, plywood\nhazardous material, the materials must\ndrums (ID) or fiber drums (1G) with\nnot be capable of reacting dangerously\nthe categories in paragraphs (c)(1)\nhazardous materials in two or more of\nsealed inner plastic liners; in vapor tight\ntogether.\nmetal or plastic drums (IA1, 1A2, 1B1,\n(b) The nature of the containment\nthrough (c)(3) of this section and is\n1B2, 1H1 or 1H2); or packed in non-\nmust be as follows\noffered for transportation by aircraft.\nspecification packagings when\n(1) Damage to the receptacles\nhazardous materials in two or more of\n(d) When a package contains\ntransported in dedicated vehicles or\ncontaining the hazardous materials\nfreight containers. The packagings need\nduring transport is unlikely. However,\nthe categorles listed in paragraphs (c) (1)\nnot conform to the requirements for\nin the event of damage to the receptacles\nquantity required by 5 172.202(c) of this\nthrough (c) (3) of this section, the total\nsubchapter, but must be capable of\npackage testing In part 178 of this\nleakage of the hazardous materials from\ncontaining the hazardous materials, no\nshipping paper, must be the aggregate\nsubchapter to be entered on the\ncontaining any evolving gases from the\ncontents during normal conditions of\ntransportation:\nis possible. A leakproof liner may be\nthe equipment, machinery or apparatus\nused to satisfy this requirement.\nexpressed as net mass.\nquantity of all hazardous materials,\nbeads (or granules), expandable,\n(b) Bulk shipments of Polymeric\nmaterials must be secured and::\n(2) Receptacles containing hazardous\n§173.224 [Amended]\nevolving flammable vapor or Plastic\ncushioned so as to prevent their\ntext of paragraph (c) (3), the word\n53. In S 173.224, in the Introductory\nmolding compounds in dough, sheet or\nextruded rope, evolving flammable\nbreakage or leakage and so as to control\n\"product\" is added immediately before\nvapor may be packed in non-\nmachinery or apparatus during normal\ntheir movement within the equipment.\nthe word \"evaluation\".\nspecification bulk packagings. Except\nconditions of transportation. Cushioning\nthe Organic Peroxides Table, entries are\n54. In § 173.225, in paragraph (b), in\nbulk packagings must be capable of\nfor transportation by highway and rail,\nwith the content of the receptacles. Any\nmaterial must not react dangerously\nremoved or added in the appropriate\ncontaining any gases evolving from the\nalphabetical order, to read as follows:\ncontents during normal conditions of\nleakage of the contents must not\ntransportation.\nsubstantially impair the protective\nproperties of the cushioning material.\n§ 173.225 Packaging requiraments and\nother provisions for organic paroxides.\n52. Section 173.222 is revised to read\n(3) Receptacles for gases, their\n*\n*\n*\nas follows:\n*\ncontents and filling densitles must\n(b) *\n*\nORGANIC PEROXIDE TABLE\nTechnical name\nID number\ncentra-\nСоп-\nDiluent Mass (%)\n(mass %)\nton\nA\n(mass %)\nWater\nmethod\nPacking\nTemperaturo (°C)\nControl\nEmergency\nNote\n(1)\n(2)\n(3)\n(4a)\n(4b)\n(4c)\n(5)\n(8)\n(7a)\n(7b)\n(8)\n(REMOVE:)\nDibenzoyi peroxide [as a paste) Exempt\n550\n214\n•\n218\nExempt\n[ADD:)\n•\nIsopropyl sec buty!\nperoxydicarbonate (and) Di.\nUN3115 .....\n$32\n(and) Di-isopropyl\nsec-butyl peroxydi-carbonate\n+ 512-15\n+ 515-18\n238\n•OPT\n- 20\n•\n- 10\nperoxydicarbonate.\n\n<<<PAGE 5>>>\n\nDEF\nDEFENSE LOGISTICS AGENCY\nDEFENSE DISTRIBUTION CENTER\n2001 MISSION DRIVE\nGorsky\nNEW CUMBERLAND, PA 17070-5000\n§173.220\nIN REPLY\n99-0082\nREFER TO\nDDC-TO\nMAR 2 4 1A9\nMEMORANDUM FOR DEPARTMENT OF TRANSPORTATION\nATTN: EDWARD MAZZULLO\nSUBJECT: Usé of 49 CRF Exception for Motor Vehicle Shipments\nta\nRequest clarification and guidance on shipment of motor vehicles containing fire\nextinguishers or other hazardous materials. In these cases, the motor vehicle is the\ncargo being shipped. The mode of shipment may be rail or highway.\nA suggestion was made that when shipping these vehicles, the fire extinguisher\nshould be mounted in the normal location in the vehicle. It was stated that this would\nallow the use of 49 CFR exception 173.220 (G)(1) and preclude the requirement for\nvehicle or fire extinguisher certification. Furthermore, it was suggested that other\nhazardous materials that may occur in any vehicles be handled the same way:\nOur research indicates that fire extinguishers must be shipped as an inner\npackaging per 173.309 (a)(2). The vehicle itself cannot be considered an outer\npackaging. In addition, fire extinguishers must be described in the shipping papers.\nOther hazardous materials would be subject to the requirements of 49 CFR,\nsubchapter C as stated in 173.220 (f).\nWe find that exception 173.220 (G) (1) does not provide relief from the two above\nrequirements. Does any other 49 CFR exception apply?\nWe are awaiting your reply. We will issue policy guidance based on DOT\nrequirements. In the interim, we have notified all Defense Depots that using exception\n49 CFR 173.220 (G)(1) does not allow the inclusion of fire extinguishers or other\nhazardous materials in vehicle shipments.\nPOCs for this matter are Susan Earle, DSN 977-8353 (com 717-770-8353), email\nImccarthy@ddc.dla.mil.\nsearle @ddc.dla.mil and Linda McCarthy, DSN 977-8238 (com 717-770-8238), email\nChief, Distribution Operations\nFederal Recycling Program\nPrinted on Recycled Paper","truncated":false,"body_characters":16464}