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.
Sincerely,
Charles E. Betts
Chief, Standards Development
Office of Hazardous Materials Standards
173.220(b)(4), 173.6