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Interpretation Response #06-0261 ([Wiley Rein & Fielding LLP] [Mr. George A. Kerchner])

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

Interpretation Response Details

Response Publish Date:

Company Name: Wiley Rein & Fielding LLP

Individual Name: Mr. George A. Kerchner

Location State: DC Country: US

View the Interpretation Document

Response text:

Apr 6, 2007

 

Mr. George A. Kerchner                 Reference No. 06-0261
Wiley Rein & Fielding LLP
1776 K Street, NW
Washington, DC 20006

Dear Mr. Kerchner:

This is in response to your November 1, 2006 letter requesting clarification under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) concerning the shipment of a large buoy as a “Vehicle, flammable liquid powered.” Specifically, you ask for clarification of requirements when shipping the buoy domestically and internationally using different modes of transportation.

You describe the contents of the buoy, which has an internal combustion engine, as follows: diesel fuel (FP> 125°F) in a 32 gallon fuel tank, 3 gallons of lubricant oil, less than one gallon of antifreeze, and nonspillable lead acid batteries. Based on your review of the HMR and ICAO Technical Instructions (TI), you describe the buoy as “Vehicle, flammable liquid powered, 9, UN3166.”

Under § 173.22 of the HMR, it is the shipper’s responsibility to properly classify and describe a hazardous material. This office generally does not perform this function. However, based on the information you provided, it is our opinion that the buoy should be described as “Engines, internal combustion, 9, UN3166.”

Your questions are paraphrased and answered as follows:

Q1.      Is the buoy excepted from regulation when shipped domestically by motor vehicle or rail car pursuant to § 173.220(g)?

Al.        For transportation by motor vehicle or rail car, provided the fuel tank is securely closed, the batteries securely installed, fastened in an upright position, and protected against short circuits and leakage (or removed and packaged separately under § 173.159), and other hazardous materials, if any, which are integral components are securely installed, mechanical equipment containing an internal combustion engine and a flammable liquid fuel tank is not subject to any other requirements under the HMR (see § 173.220).

Q2.      Is the buoy excepted from regulation when shipped domestically by vessel when compliant with § 173.220 pursuant to § l76.905 (i)(2)?

A2.      For transportation by vessel, provided there are no leaks in any portion of the fuel system the mechanical equipment is not subject to any other requirements under the HMR.
Q3.      What markings are required when the buoy is shipped by aircraft, both domestically and internationally?

A3.      Except as provided in § 173.220(e)(2), shipments made under the provisions of § 173.220 are not subject to the marking requirements of the HMR (Subpart D of Part 172). Under the ICAO TI, Special Provision A87 excepts articles, which are not fully enclosed by packaging, crates or other means that prevent ready identification, from the marking requirements of 5;2. Mechanical equipment packed (fully enclosed) in a non specification crate would be subject to the marking requirements. Mechanical equipment secured to a pallet (and readily identified) would not be subject to the marking requirements.

Q4.      Is a Class 9 label required when the buoy is shipped by aircraft, both domestically and internationally?

A4.      Except as provided § 173.220(e)(2), shipments made under the provisions of
§ 173.220 are not subject to the labeling requirements of the HMR (Subpart E of Part 172). Under the ICAO TI, Special Provision A87 excepts articles, which are not fully enclosed by packaging, crates or other means that prevent ready identification, from the labeling requirements of 5:3. Mechanical equipment packed (fully enclosed) in a non- specification crate would be subject to the labeling requirements. Mechanical equipment secured to a pallet (and readily identified) would not be subject to the labeling requirements.

QS.      May the buoy be shipped in non-specification packaging or secured to a pallet (without UN specification packaging) when shipped by aircraft, both domestically and internationally?

A5.      Neither specification packaging nor non-specification packaging is required under § 173.220. Under the ICAO TI, neither specification packaging nor non-specification packaging is required but mechanical equipment must be shipped according to Packing Instruction 900.

Q6.      May diesel fuel remain in the tank in the buoy when shipped by aircraft, both domestically and internationally?

A6.      A fuel tank for mechanical equipment that contains a Class 3 diesel fuel must be drained and securely closed, except that up 500 mL (17 ounces) of residual fuel may remain in the tank provided the fuel tank is securely closed. A quantity of Class 3 diesel fuel greater than 500 mL may remain in mechanical equipment under the condition outlined in § 173.220(b)(4)(iii). Under the ICAO TI, mechanical equipment must be
shipped in accordance with Packing Instruction 900(a). Accordingly, Class 3 diesel fuel must be drained from the tank of an internal combustion engine in mechanical equipment.

 

I hope this information is helpful. Please contact us if you require additional assistance.

Sincerely,

 

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