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Interpretation Response #12-0189 ([Wirtgen America, Inc.] [Ms. Stephanie Dalton])

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

Interpretation Response Details

Response Publish Date:

Company Name: Wirtgen America, Inc.

Individual Name: Ms. Stephanie Dalton

Location State: TN Country: US

View the Interpretation Document

Response text:

December 5, 2012                                                                                                                  

Ms. Stephanie Dalton
Senior Tax Analyst
Wirtgen America, Inc.
6060 Dana Way
Antioch, TN 37130

Reference No.: 12-0189

Dear Ms. Dalton:

This is in response to your September 19, 2012 letter and subsequent phone conversation requesting clarification of shipping classifications for Hazardous materials under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180).  You state that your company imports construction machinery and equipment throughout the Americas.  The equipment is offered for transportation by your parent company and is prepared in accordance with the IMDG Code and offered as UN3166, Engines internal combustion. You state that the construction machines are generally shipped containing viscosity grade 46 hydraulic oil, engine oil, special vibratory oil, ethylene glycol antifreeze, and up to 5 gallons of diesel fuel.   You ask two questions which have been paraphrased and answered below.

Q1.  Must machines containing viscosity grade 46 hydraulic oil, engine oil, special vibratory oil, ethylene glycol antifreeze, and up to 5 gallons of diesel fuel be marked, labeled, and placarded, consistent with the requirements of Subparts D, E, and F when transported  by motor carrier or rail car, or does 49 CFR 172.220(h) apply to except these shipments?

A1.  As specified in § 173.22 of the HMR, it is the shipper's responsibility to properly classify a hazardous material.  This Office does not generally perform that function.  However, mechanized equipment containing an internal combustion engine are generally classified as UN 3166 Engines, internal combustion domestically. Shipments offered as engines, internal combustion are not subject to the requirements of Subchapter C (including labeling, marking, placarding, and shipping papers) for transportation by motor vehicle or rail car when prepared in accordance with  § 173.220. 

Q2.  Must a shipper's IMO Dangerous Goods Declaration form or labeling applicable to transportation by vessel accompany all shipments of construction machines when being picked up by motor carriers at US ports if the aforementioned qualify for exceptions from such requirements under the HMR?

A2.  It is assumed this shipment is prepared in accordance with the IMDG Code as authorized by § 171.22 and imported into a United States port. Subsequent highway or rail movements of that shipment may choose to utilize domestic exceptions offered by the HMR if the shipment qualifies for the exception.  Highway and rail shipments of Engines, internal combustion are excepted from the requirements of Subchapter C, including shipping papers and labeling, if prepared in accordance with § 173.220.

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


Delmer Billings
Senior Regulatory Advisor
Standards and Rulemaking Division

173.220, 173.22

Regulation Sections

Section Subject
173.22 Shipper's responsibility
173.220 Internal combustion engines, vehicles, machinery containing internal combustion engines, battery-powered equipment or machinery, fuel cell-powered equipment or machinery