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Interpretation Response #09-0253 ([Lighting Eliminators & Consultants, Inc.] [Mr. Lee Howard])

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

Interpretation Response Details

Response Publish Date:

Company Name: Lighting Eliminators & Consultants, Inc.

Individual Name: Mr. Lee Howard

Location State: CO Country: US

View the Interpretation Document

Response text:

December 2, 2009





Mr. Lee Howard

Program Manager

Lighting Eliminators &

Consultants, Inc.

6687 Arapahoe Road

Boulder, Colorado 80303

Ref. No.: 09-0253

Dear Mr. Howard:

This responds to your letter dated November 2, 2009, regarding the requirements in the Hazardous Materials Regulation (HMR; 49 CFR Parts 171-180) applicable to a small electric powered generator run by gasoline in a fuel tank having a capacity of less than one gallon. According to your letter, the motor or internal combustion engine within the generator is similar to that of a lawn mower. The generator operates test equipment used to perform surveys in remote locations. You plan to ship the generator on/in a standard wooden pallet or a shipping case on a commercial freight truck (e.g., DHL, Fed EX, etc.) for transportation by highway.

Mechanical equipment containing an internal combustion engine and a flammable liquid fuel tank, such as your motorized small electric powered generator, is subject to the requirements of the HMR when transported as cargo on a motor vehicle, rail car, vessel or aircraft (see § 173.220(a)). For transportation by motor vehicle or rail car, provided the fuel tank is securely closed, the mechanical equipment is not subject to any other requirements under the HMR (e.g., shipping papers, labeling, marking, placarding, or emergency response information). Fuel may remain in engines and fuel tanks when transported by highway or rail (see § 173.220(b)(4) and (g)(1) and (2)).

I hope this information is helpful. If we can be of further assistance, please contact us.


Charles E. Betts

Chief, Standards Development

Office of Hazardous Materials Standards



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