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Interpretation Response #12-0011

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

Interpretation Response Details

Response Publish Date: 02-28-2012
Company Name: Briggs and Stratton Corporation    Individual Name: Mr. Don Pucci
Location state: MO    Country: US

View the Interpretation Document

Response text:

February 28, 2012



Mr. Don Pucci
Environmental Manager, Engine Operations
Briggs and Stratton Corporation
731 Hwy 142
Poplar Bluff, MO 63901

Reference No.: 12-0011

Dear Mr. Pucci,

This is in response to your January 09, 2012 email requesting clarification of the International Dangerous Goods Code (IMDG) Code) pertaining to the shipment of standalone internal combustion engines under UN 3166 engines, internal combustion. This office generally does not provide interpretations for issues that arise in interpreting international regulations. However, as the re-insertion of UN 3166 to the IMDG Code is a direct result of a U.S sponsored proposal, and due to the considerable number of shipments made under this UN number, we will provide an interpretation in this case. Please be aware that as this is an international compliance issue, there is no guarantee that other competent authorities will have the same interpretation of the special provisions as this office. Your questions are paraphrased and answered as follows:

Q1. Special provision (SP) 961 of the IMDG Code provides an exemption for vehicles or equipment (including standalone internal combustion engines) powered by a flammable liquid fuel an exception from entirety of the IMDG Code if the fuel tank of the vehicle or equipment powered by a flammable liquid fuel is empty and installed batteries are protected from short circuit. Specifically, yYou ask for an interpretation of the word "empty" as it relates to SP 961 in the IMDG Code.

A1. For the purposes of SP 961 of While generally the IMDG Code, empty means that the fuel tank is empty and the engine cannot be operated due to a lack of fuel. The fuel tank, fuel lines, and the engine itself do not need to be drained, cleaned, or purged of all flammable liquids and vapors to be considered exempt. treats packages that have previously contained dangerous goods in the same manner as is required by this Code for a filled packaging unless adequate measures have been taken to nullify any hazard; the use of the term empty in SP 961 is a unique circumstance. Vehicles, internal combustion engines, and equipment containing internal combustion engines that have never had fuel placed in their system qualify to take the exceptions provided by SP 961 (assuming any installed batteries are also protected against short circuit). The exception in SP 961 only requires the fuel tank of the vehicle or equipment powered by a flammable liquid to be empty. It is the opinion of this office that Aa vehicle or piece of equipment powered by an internal combustion engineflammable liquid fuel would beis considered empty whenif either itthe vehicle or machinery is run until it stalls for lack of fuel, or the fuel gauge reads empty, and when the key is turned over the vehicle or equipment does not start. A standalone internal combustion engine containing only residual fuel in the lines and tank that is in an amount that is insufficient to allow the engine to operate, and with no signs of leakage may be considered empty for the purposes of taking the exceptions provided by SP 961.

Q2. If residual fuel is allowed, what amount of liquid fuel in the tanks is permissible in order to meet the definition of empty for SP 961?

A2. See answer A1.

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

176.905, 173.29

Regulation Sections

Section Subject
§ 173.29 Empty packagings