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Interpretation Response #09-0145 ([Mr. James La Porte])

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

Interpretation Response Details

Response Publish Date:

Company Name:

Individual Name: Mr. James La Porte

Location State: MI Country: US

View the Interpretation Document

Response text:

July 22, 2009



Mr. James La Porte

1670 Axtell

Troy, MI 48084

Ref. No. 09-0145

Dear Mr. La Porte:

This responds to your June 17, 2009 inquiry concerning requirements applicable to the transportation of portable generators containing fuel under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). Specifically, you ask if portable generators that contain fuel are excepted from the HMR under § 173.220(b)(4).

The answer is yes. In accordance with provisions in §§ 173.220(b)(4) and 173.220(g), a portable generator containing more than 17 ounces of liquid fuel that is transported by highway or rail is excepted from HMR requirements provided all the conditions listed in paragraph (b)(4) are met.

You also ask whether the 440-pound weight limit in the materials of trade (MOTs) exception in § 173.6 applies to the shipment of your portable generators containing fuel. A portable generator transported in accordance with § 173.220(b)(4) is excepted from all other HMR requirements. Thus, the 440-pound weight limit for MOTs shipments does not apply.

I hope this answers your inquiry.


Charles E. Betts

Chief, Standards Development

Office of Hazardous Materials Standards

173.220(b)(4), 173.6

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
173.6 Materials of trade exceptions