Billing Code - PHMSA - Department of Transportation

proposed in the NPRM creates conflicting requirements under the HMR for shipments of
generators and machinery.
Caterpillar also commented that proposed special provision 363 is excessively
burdensome and would result in millions of dollars of expenditures for unnecessary
transport related costs that would ultimately raise the consumer price of affected
shipments.
IVODGA supported the adoption of special provision 363, stating concern that
many fuel storage components within such machinery may not meet UN Performance
Oriented Packaging or bulk tank specifications. IVODGA recommended PHMSA adopt
special provision 363 as proposed to help prevent frustrated shipments at ports of
discharge and loading in the United States.
PHMSA will not adopt special provision 363 in this final rule. This decision not to
adopt special provision 363 is based on several factors. The first was a lack of concrete
safety or incident data that indicated a need for increased regulation of domestic shipments
of machinery and equipment containing fuel in amounts over the authorized limited
quantity amount for that particular fuel. Also PHMSA believes that to adopt this special
provision would require a review of existing requirements for UN3166, and possibly
UN3366 that has yet to take place. PHMSA would like to note that even though we are
not adopting special provision 363; shippers offering hazardous materials in accordance
with Subpart C of Part 171 may utilize the IMDG Code, including special provision 363,
if all or part of the movement is by vessel. PHMSA would also like to note that a shipper
utilizing the IMDG Code to offer cargo to a vessel for transport must still comply with
special provision 363 under the IMDG Code. PHMSA will likely revisit the need to
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