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U.S. Department of Transportation U.S. Department of Transportation Icon United States Department of Transportation United States Department of Transportation

Interpretation Response #12-0008 ([Caterpillar, Inc.] [Mr. Shae Birkey])

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

Interpretation Response Details

Response Publish Date:

Company Name: Caterpillar, Inc.

Individual Name: Mr. Shae Birkey

Location State: IL Country: US

View the Interpretation Document

Response text:

February 28, 2012

 

 

Mr. Shae Birkey
Global Hazmat Transportation
Caterpillar, Inc.
500 N. Morton Ave.
Morton, IL 61550

Reference No.: 12-0008

Dear Mr. Birkey:

This is in response to your January 05, 2012 letter requesting clarification of the International Dangerous Goods (IMDG) Code pertaining to the shipment of stand-alone internal combustion engines under UN 3166. Your questions are paraphrased and answered as follows:

Q1. May shipments of stand-alone internal combustion engines (UN 3166 Engines, Internal Combustion) be considered equipment for the purposes of taking the exceptions provided by special provision (SP) 961 of the IMDG Code?

A1. The answer to your question is yes. A stand-alone internal combustion engine is considered equipment and the exceptions contained in SP 961 may be taken if the conditions therein are satisfied. SP 961 provides a blanket exception from the IMDG Code for vehicles and equipment stowed on a roll-on/roll-off vessel or in another cargo space designated by flag state of the vessel as suitable for vehicles. In addition, SP 961 provides exemptions from the IMDG Code for shipments of vehicles or equipment under certain conditions regardless of the type of vessel or the designation of the cargo space.

Q2. May shipments of stand-alone internal combustion engines (UN 3166 Engines, Internal Combustion) be considered equipment for the purposes of applying of the provisions and exceptions provided by SP 962 of the IMDG Code?

A2. The answer to your question is yes. A stand-alone internal combustion engine is also considered equipment for the purposes of SP 962 and the provisions contained therein must be followed and the exceptions from marking, labeling, and placarding may be taken. SP 962 provides provisions for the safe vessel carriage of vehicles or equipment that do not meet the conditions for exception under SP 961.

Q3. Will shipments of Caterpillar products that contain internal combustion engines be considered as vehicles or alternatively equipment and be eligible for the exceptions provided by SP 961 and SP 962 of the IMDG Code?

A3. The answer to your question is yes. As mentioned in answers A1 and A2 above, a vehicle or piece of machinery with an installed internal combustion engine qualify as equipment and are eligible to take the exceptions provided by SP 961 and SP 962 if the applicable provisions are met.

Noting that there were differences in transportation requirements for shipments of UN 3166 between the IMDG Code and 49 CFR; a provision was inserted in § 171.25(b)(4) to allow shipments prepared in accordance with either standard. Shipments of UN 3166 offered for transportation in accordance with the IMDG Code that meet the requirements for and take the exceptions provided by SP 961 or SP 962 of the IMDG Code, and are offered for transportation as such, need not comply with additional requirements from § 173.220 or § 176.905.

I hope this satisfies your inquiry. Please contact us if we can be of further assistance.

Sincerely,

 

Delmer Billings
Senior Regulatory Advisor
Standards and Rulemaking Division

171.25(b)(4), 176.905, 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