Interpretation Response #12-0101
Below is the interpretation response detail and a list of regulations sections applicable to this response.
Interpretation Response Details
May 16, 2012
Ms. Karen Massicotte
Somero Enterprises, Inc.
46980 North Highway M-26
Houghton, MI 49931
Ref. No.: 12-0101
Dear Ms. Massicotte:
This is in response to your April 13, 2012 letter requesting clarification of requirements in the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) and the International Maritime Dangerous Goods (IMDG) Code. Specifically, you ask whether a gasoline-powered concrete screeding machine with an empty fuel tank, small accumulator securely mounted to the equipment, and non-spillable battery installed in a manner so as to protect it from short circuits, meets the exception in IMDG Code Special Provision 961.
The answer to your question is yes. In accordance with both the HMR and the IMDG Code, vehicles or equipment powered by flammable liquid fuel are classified as hazardous materials (dangerous goods) under identification number UN3166; however, depending upon how the vehicles or equipment are shipped, relief may be provided from some or all of the regulations.
Equipment powered by internal combustion engines, fuel cells, or batteries (UN3166) shipped by vessel in accordance with Special Provision 961 are not subject to any other provisions of the IMDG Code if the following requirements are met: (1) The equipment is stowed on a roll-on/roll-off vessel or another space designated as suitable for vehicles and equipment and there are no signs of leakage from the battery, engine, fuel cell, compressed gas cylinder or accumulator, or fuel tank when applicable; (2) The fuel tank(s) of the vehicle or equipment powered by a flammable liquid fuel is empty and installed batteries are protected from short circuit; (3) The fuel tank(s) of the vehicle or equipment powered by a flammable gas is emptied of liquefied or compressed gas, the positive pressure in the tank does not exceed 2 bar, the fuel shut-off or isolation valve is closed and secured, and installed batteries are protected from short circuit; or (4) The vehicle or equipment is solely powered by a wet or dry electronic storage battery or a sodium battery, and the battery is protected from short circuit.
It should be noted that equipment powered by internal combustion engines, fuel cells, or batteries shipped by vessel in accordance with § 176.905(i) of the HMR are not subject to any other requirements of the HMR.
I hope this information is helpful. If you have further questions, please do not hesitate to contact this office.
Chief, Standards Development
Standards and Rulemaking Division
|§ 176.905||Vehicles having refrigerating or heating equipment|