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Interpretation Response #02-0229 ([The Toro Company] [Mike O'Connor])

Below is the interpretation response detail and a list of regulations sections applicable to this response.

Interpretation Response Details

Response Publish Date:

Company Name: The Toro Company

Individual Name: Mike O'Connor

Location State: MN Country: US

View the Interpretation Document

Response text:

May 21, 2003

Mr. Mike O'Connor                Reference  No. 02-0229

The Toro Company

8111 Lyndale Avenue South

Bloomington, Minnesota 55420-1196

Dear Mr. O'Connor:

This responds to your letter regarding requirements for shipping lawn maintenance equipment, such as commercial and residential lawn mowers, various commercial turf equipment, utility vehicles, and a full line of snow throwers, operated by a gasoline-powered, internal combustion engine under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180).  You enclosed catalogs of your company's products.  We apologize for the delay in responding and hope it has not caused any inconvenience.

You asked whether the exceptions in § 173.220(e) for an internal combustion engine apply to lawn and maintenance equipment containing an internal combustion engine when transported in commerce by motor vehicle, rail car, aircraft or vessel.  Toro's products are as follows:

  1. Utility Vehicle
  2. Compact Utility Loader
  3. Consumer Power Lawn Mowers
  4. Commercial Power Lawn Mowers
  5. Lawn and Garden Tractors
  6. Edgers, Trimmers and Blowers
  7. Single and Two Stage Snow Throwers
  8. Commercial Turn Equipment

An internal combustion engine, self-propelled vehicle, or mechanized equipment containing an internal combustion engine is subject to the requirements of the HMR if the engine or fuel tank contains a liquid or gaseous fuel, it is equipped with a wet electric storage battery, or it contains other hazardous materials subject to the requirements of the HMR.  A battery powered vehicle or equipment is subject to the HMR if it is equipped with a wet electric storage battery or it contains other hazardous material subject to the requirements of the HMR.

In accordance with § 173.220(b)(1), a fuel tank containing a flammable liquid fuel (e.g., gasoline) must be drained and securely closed, except that up to 500 mL (17 ounces) of residual fuel may remain in the tank engine components or fuel lines provided they are securely closed to prevent leakage of fuel during transportation.  For transportation by motor vehicle or rail car, flammable liquid fuel greater than 500 mL may remain in self-propelled vehicles and mechanical equipment, provided the fuel tanks are securely closed.  For transportation by vessel and aircraft, flammable liquid fuel greater than 500 mL may remain in self-propelled vehicles and mechanical equipment, provided the shipments conform to §§ 176.905 or 175.3 05, respectively.  Wet batteries in vehicles, machinery or equipment must be securely installed and fastened in an upright position and must be protected against short circuits and leakage or removed and packaged separately under § 173.159. (see § 173.220(c)).

An internal combustion engine or mechanized equipment containing an internal combustion engine that is transported in accordance with the provisions of § 173.220 is not subject to any other requirements of the HMR when transported by motor vehicle or rail car.  An internal combustion engine or mechanized equipment containing an internal combustion engine that is transported in accordance with the provisions of § 173.220 is excepted from the marking, labeling and placarding requirements of the HMR and § 172.604 when transported by aircraft or vessel.  All other applicable requirements of the HMR, including shipping papers, must be met.  For transportation by vessel, additional exceptions are specified in § 176.905.

Battery powered vehicles, machinery or equipment are excepted from the requirements of the HMR when transported by rail, highway or vessel when the wet batteries are: (1) securely installed and fastened in an upright position; and (2) protected against short circuits and leakage or the battery is removed and packaged separately under § 173.159. Battery powered vehicles, machinery or equipment that are transported in accordance with the provisions of § 173.220 are excepted from the marking, labeling and placarding requirements of the HMR and § 172,604 when transported by aircraft.  All other applicable requirements of the HMR, including shipping papers, must be met.

I hope this satisfies your inquiry.  If we can be of further assistance, please contact us.

Sincerely,

Delmer F. Billings

Chief, Standards Development

Office of Hazardous Materials Standards

173.220

Regulation Sections

Section Subject
173.220 Internal combustion engines, vehicles, machinery containing internal combustion engines, battery-powered equipment or machinery, fuel cell-powered equipment or machinery