Radian International — Hazardous Materials Safety Interpretation

Page 1U.S. Department 400 Seventh Street, S.W. of Transportation Washington, D.C. 20590 Special Programs Research and Administration NOV 21999 Mr. Andrew N. Romach Ref. No. 99-0172 Radian International P.O. Box 13000 Research Triangle Park, NC 27709 Dear Mr. Romach: This is in response to your letter dated June 29, 1999, requesting clarification of the applicability of § 173.220 of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). Specifically, you ask if mechanical equipment containing an internal combustion engine and equipped with a fuel tank having a capacity greater than 119 gallons may take advantage of the exceptions provided in § 173.220. The answer is yes. Mechanical equipment containing an internal definition of a bulk packaging may be transported under the combustion engine equipped with a fuel tank meeting the provisions of § 173.220. I hope this satisfies your request. Sincerel John Transportation Regulations Specialists Office of Hazardous Materials Standards 990172 173,220#

Page 2Karim RADIAN INTERNATIONAL $ 173.220 A DAMES & MOORE GROUP COMPANY Mailing. Address: 99-0172 June 29, 1999 Post Office Box 13000 North Carolina 27709 Rescarch Triangle Park, Mr. Ed Mazzullo, Director 1600 Perimeter Park Drive Physical/Shipping, Address: Office of Hazardous Matcrial Standards Morrisville. North Carolina 27560 Research and Special Programs Administration U.S. Department of Transportation 919 461 1415 Fax 919 461 1100 Tel 400 7th Street, SW Washington, DC 20590-0001 FAX: (202) 366-3012 Dear Mr. Mazzullo: I am writing to you to request a written regulatory interpretation concerning the requirements for shipping a mobile generator with an internal combustion engine as cargo by ground transportation mounted on a flat-bed truck or pormanently affixed to a towed trailer. This particular engine contains 170 gallons of diesel fuel, which would make it a "bulk packaging,". according to the definition in 49 CFR $171.8. When using the Hazardous Material Table (HMT) in 49 CFR §172101 for the proper shipping name Engines, Internal Combustion, under column 8(C) entitled "Bulk" the word "Nonc" is §172.101(i)(3) states: "A 'Nonc' in this column means bulk packagings are not authorized, listed. In the requirements that explain the content of column 8(C) in the HMT, 49 CFR except as may be provided by special provisions in column 7." For the proper shipping name Engines, Internal Combustion, there are no special provisions listed in Column (7). My question is: Would an internal combustion engine containing a bulk amount of fuel be able to take advantage of the 49 CFR §173.220 exceptions referenced in column 8(A) for the proper shipping name Engines, internal combustion? When I discussed this transportation situation with Mr. Tom Allan of your office, he stated that the intent of the regulations is for the exceptions for shipping internal combustion engines found in 49 CAR §$173.220 to apply to both bulk and non-bulk packagings. Upon close reading, 49 CFR §173.220 does not mention lower quantity limits and does not differentiate between bulk and nonbulk packagings. The exceptions would appear to apply in oithor case. I appreciate your clarification of this transportation situation. If you have any questions concering this transportation situation, please call me directly at (919) 461-1220. / Andrew N. Romac Radian International Engineering Services in North Coralino ore performed through Radian International's wholly owned subsidiary, Radian Engineering Inc Offices Worldwide#