notwithstanding. a hazto the requirements for emergency reardous material (other than Division

sponse information as prescribed in 1.1 or 1.2 or Class 7) being imported subpart G of part 172 of this subinto or exported from the United chapter. States or passing through the United (17) Except as provided for limited States in the course of being shipped quantities of compressed gases in conbetween places outside the United tainers of not more than 4 fluid ounces States may be offered and accepted for capacity under $173.306(a)(1) of this transportation and transported by subchapter, aerosols must meet the motor vehicle within a single port area definition for "Aerosol" in $171.8. (including contiguous harbors) when (18) A chemical oxygen generator packaged, marked, classed. labeled, must be approved in accordance with stowed and segregated in accordance the requirements of this subchapter. A with the IMDG Code, if the hazardous chemical oxygen generator and a material is offered and accepted in acchemical oxygen generator (spent) cordance with the requirements of submust be classed, described and packparts C and F of part 172 of this subaged in accordance with the requirechapter pertaining to shipping papers ments of this subchapter. and placarding and otherwise conforms (19) For air bag inflators, air bag to the applicable requirements of part modules, or seat-belt pretensioners, the 176 of this subchapter. The requirement shipping paper description must conin $172.201(d) of this subchapter for an form to the requirements of $173.166(c) emergency telephone number does not of this subchapter. apply to shipments made in accordance (20) A self-reactive substance that is with the IMDG Code if the hazardous not identified by technical name in the material: Self-Reactive Materials Table in (1) Is not offloaded from the vessel; $173.224(b) of this subchapter must be (2) Is offloaded between ocean vessels approved by the Associate Adminisat a U.S. port facility without being trator in accordance with the requiretransported by public highway. ments of § 173.124(a)(2)(iii) of this sub- (d) Use of International Atomic Energy chapter. An organic peroxide that is Agency (IAEA) regulations for Class 7 (ranot identified by a technical name in dioactive) materials. Class 7 (radioany of the organic peroxide tables active) materials being imported into found in $173.225 of this subchapter or exported from the United States, or must be approved by the Associate Adpassing through the United States in ministrator in accordance with the rethe course of being shipped between 112 Pipeilne and Hazardous Materials Safety Admin., DOT § 171.12a places outside the United States, may (4) Except as provided in paragraph be offered and accepted for transpor- (e) of this section, the package must tation when packaged, marked, labe labeled or placarded POISON GAS or beled, and otherwise prepared for ship- POISON INHALATION HAZARD, as ment in accordance with IAEA "Reguappropriate, in accordance with sublations for the Safe Transport of Radioparts E and F of this subchapter. active Material," No. TS-R-1 1996 edi- (5) A label or placard that conforms tion (IBR, see $171.7), ifto the UN Recommendations (IBR, see (1) Highway route controlled quan- $171.7) specifications for a "Division tities (see $173.403 of this subchapter) 2.3" or "Division 6.1" label or placard are shipped in accordance with may be substituted for the POISON $$172.203(d)(4). 172.507 and 173.22(c) of GAS or POISON INHALATION HAZthis subchapter; ARD label or placard required by (2) For fissile materials and Type B $$172.400(a) and 172.504(e) of this subpackages, the competent authority cerchapter on a package transported in a tification and any necessary revalidaclosed transport vehicle or freight contion is obtained from the appropriate tainer. The transport vehicle or freight competent authorities as specified in container must be marked with identi- $173.471, 173.472 and 173.473 of this subfication numbers for the material, rechapter and all requirements of the gardless of the total quantity concertificates and revalidations are met; tained in the transport vehicle or (3) Type A package contents are limfreight container, in the manner speciited in accordance with $173.431 of this fied in $172.313(c) of this subchapter subchapter; and placarded as required by subpart F (4) The country of origin for the shipof this subchapter. ment has adopted, No. TS-R-1 of the [Amdt. 171-111, 55 FR 52472, Dec. 21, 1990] IAEA "Regulations for the Safe Transport of Radioactive Material," 1996 edi- EDITORIAL NOTE: For FEDERAL REGISTER citations affecting $171.12, see the List of CFR tion; Sections Affected which appears in the Find- (5) The requirements of $173.448 are ing Aids section of the printed volume and fulfilled, when applicable; and on GPO Access. (6) Shipments comply with the re- EFFECTIVE DATE NOTE: At 71 FR 3425. Jan. quirements for emergency response in- 23, 2006, $171.12 was amended by adding a new formation prescribed in subpart G of paragraph (23) to paragraph (b), effective part 172 of this subchapter. Jan. 1. 2007. For the convenience of the user, (e) Shipments to or from Mexico. Unless the added text is set forth as follows: otherwise excepted, hazardous materials shipments from Mexico to the $171.12 Import and export shipments. United States or from the United States to Mexico must conform to all * * applicable requirements of this sub- (b) chapter. When a hazardous material (23) Lighters and lighter refills containing that is a material poisonous by inhala- Division 2.1 or Class 3 materials (see $171.8 of tion (see $171.8) is transported by highthis subchapter) must conform to the reway or rail from Mexico to the United quirements of this subchapter. States, or from the United States to Mexico, the following requirements * * * apply: (1) The shipping description must in- § 171.12a Canadian shipments and clude the words "Toxic Inhalation Hazpackagings. ard" or "Poison-Inhalation Hazard" or (a) Scope and applicability. This sec- "Inhalation Hazard", as required in tion sets forth provisions for the trans- 172.203(m) of this subchapter. portation by rail or highway of ship- (2) The material must be packaged in ments of hazardous materials which accordance with requirements of this conform to the regulations of the Govsubchapter. ernment of Canada but which may dif- (3) The package must be marked in fer from the requirements of this subaccordance with $172.313 of this subchapter with regard to hazard commuchapter. nication, classification or packaging. 113 $171.12a 49 CFR Ch. I (10-1-06 Edition) Except as provided in paragraph not be transported under the provisions (b) (iv) of this section, the provisions of this section. apply only to shipments which origi- (4) A Class 1 material must be classed nate in Canada and either terminate in and approved under the procedures in the U.S. or transit the U.S. to a Canasubpart C of part 173 of this subchapter, dian or foreign destination, and to the and packages of Class 1 materials must return to Canada of bulk packagings be marked in accordance with $172.320 that meet the requirements of a DOT of this subchapter. or UN Specification and other bulk (5) When a hazardous material, which packagings containing only residues of hazardous materials that were origiis a material poisonous by inhalation nally imported into the U.S. Reciprocal under the provisions of this subchapter provisions, applicable to exports from (see $171.8 of this subchapter), is subthe U.S., appear in the regulations of ject to the requirements of the TDG the Government of Canada. Regulations- (b) Conditions and limitations. Not- (i) The shipping description must include the words "Toxic Inhalation Hazwithstanding the requirements of parts 172, 173, and 178 of this subchapter. and ard" or "Poison Inhalation Hazard" or subject to the limitations of paragraph "Inhalation Hazard", as required in (a) of this section, a hazardous mate- $172.203(m) of this subchapter; rial that is classed, marked, labeled, (ii) The material must be packaged placarded, described on a shipping in accordance with the requirements of paper, and packaged in accordance this subchapter; with the Transportation of Dangerous (iii) The package must be marked in Goods (TDG) Regulations (IBR, see accordance with $172.313 of this sub- $171.7) issued by the Government of chapter; Canada may be offered for transpor- (iv) Except as provided in paragraph tation and transported to or through (b)(5)(v) of this section and for a packthe United States by motor vehicle or age containing anhydrous ammonia, rail car. The following conditions and the package must be labeled or placlimitations apply: arded POISON GAS or POISON INHA- (1) A number of materials listed in LATION HAZARD, as appropriate, in the TDG Regulations may not be subaccordance with subparts E and F of ject to the requirements of this subthis subchapter; chapter. The provisions of this sub- (v) A label or placard that conforms chapter do not apply to materials listto the specifications in the TDG Regued in the TDG Regulations which are lations for a "Class 2.3" or "Class 6.1" not designated as hazardous materials label or placard may be substituted for under this subchapter. These materials the POISON GAS or POISON INHALAmay, however, be transported in the TION HAZARD label or placard re- U.S. when described, marked and laquired by paragraph (b)(5)(iv) of this beled in accordance with the TDG Regsection on a package transported in a ulations. closed transport vehicle or freight con- (2) A material designated as a haztainer. The transport vehicle or freight ardous material under this subchapter container must be marked with identiwhich is not subject to the requirefication numbers for the material, rements of the TDG Regulations or is afgardless of quantity, in the manner forded hazard communication or packspecified in $172.313(c) of this subaging exceptions not authorized in this chapter and placarded as required by subchapter (e.g., paragraph 1.16 of the subpart F of this subchapter. When TDG Regulations excepts quantities of moving in the United States, the transhazardous materials less than or equal port vehicle or freight container may to 500 kg gross transported by highway also be placarded in accordance with or rail) may not be transported under the appropriate TDG regulations in adthe provisions of this section. dition to the POISON GAS or POISON (3) A forbidden material or package INHALATION HAZARD placards reaccording to $ 173.21 of this subchapter quired by paragraph (b)(5)(iv) of this or column 3 of the $172.101 table may section; 114 Pipeline and Hazardous Materials Safety Admin., DOT § 171.12a (vi) For shipments of anhydrous am- UN pressure receptacles) may not be monia, the shipping paper must contransported unless; tain an indication that the markings, (i) The packaging is a UN pressure relabels and placards have been applied ceptacle marked with the letters in conformance with the TDG Regula- "CAN" for Canada as a country of tions and this paragraph (b)(5). manufacture or a country of approval (6) Required shipping descriptions or is a cylinder that was manufactured, and package markings must be in inspected and tested in accordance English. Abbreviations may not be with a DOT specification or a UN used unless specifically authorized by standard prescribed in part 178 of this this subchapter. Identification numsubchapter, except that cylinders not bers must be preceded by "UN" or conforming to these requirements must "NA". The use of an identification meet the requirements in 173.301(j), number preceded by "PIN" is not au- (k), (1) or (m) of this subchapter. thorized. (ii) The cylinder conforms to the ap- (7) Shipments must conform to the plicable requirements in part 173 of requirements for emergency response this subchapter for the hazardous mainformation in subpart G of part 172 of terial involved; and this subchapter. (iii) For an aluminum cylinder in OX- (8) A Class 7 material must conform ygen service used for other than airto the provisions of $171.12(d) of this craft parts, the cylinder openings consubchapter; form to the requirements of this para- (9) For hazardous waste as defined in graph. For a DOT specification cylthis subchapterinder (e.g. DOT 3AL). the opening must (i) The word "Waste" must precede be configured with straight (parallel) the proper shipping name on shipping threads. UN pressure receptacles may papers and packages; and have straight (parallel) or tapered (ii) The requirements of $172.204 of threads provided the cylinder is this subchapter with respect to the marked with the thread type, e.g. "17E, shipper's certification and $172.205 of 25E, 18P, 25P" and fitted with the propthis subchapter with respect to hazerly marked valve. ardous waste manifests are applicable; (14) Any ammonium nitrate fertilizer (10) A hazardous substance as defined or ammonium nitrate mixed fertilizer in this subchapter must conform to the must not meet the definition and crirequirements of §§ 172.203(c) and 172.324 teria of a Class 1 (explosive) material. of this subchapter; and (15) Transportation of marine pollut- (11) A poisonous material must conants, as defined in $171.8 of this subform to the requirements of § 172.203(m) chapter, must conform to the requireof this subchapter. ments of §§ 172.203(1) and 172.322 of this (12) Except for primary lithium batsubchapter. teries and cells, packagings containing (16) Except as provided for limited primary lithium batteries and cells quantities of compressed gases in conthat meet the exceptions in § 173.185(b) tainers of not more than 4 fluid ounces and (c) of this subchapter must be capacity under $173.306(a)(1) of this marked "PRIMARY LITHIUM BATsubchapter, aerosols must meet the TERIES-FORBIDDEN FOR TRANSdefinition for "Aerosol" in $171.8. PORT ABOARD PASSENGER AIR- (17) A chemical oxygen generator CRAFT". must be approved in accordance with (13) When the provisions of this subthe requirements of this subchapter. A chapter require that a DOT specificachemical oxygen generator and a tion or a UN standard packaging must chemical oxygen generator (spent) be used for a hazardous material, a must be classed, described and packpackaging authorized by the TDG Regaged in accordance with the requireulations may be used only If it corments of this subchapter. responds to the DOT specification or (18) A self-reactive substance that is UN standard authorized by this subnot identified by technical name in the chapter. Unless otherwise excepted in Self-reactive Materials Table in this subchapter, a cylinder (including $173.224(b) of this subchapter must be 115 § 171.12a, Nt. 49 CFR Ch. I (10-1-06 Edition) approved by the Associate Adminisments so as to minimize any burdens trator in accordance with the requireassociated with them. ments of §173.124(a)(2)(iiii) of this sub- (a) Previously filled packages-(1) chapter. An organic peroxide that is Packages filled prior to October 1, 1991. not identified by a technical name in Notwithstanding the marking and laany of the organic peroxide tables beling provisions of subparts D and E, found in $173.225 of this subchapter respectively, of part 172, and the packmust be approved by the Associate Adaging provisions of part 173 and subpart ministrator in accordance with the re- B of part 172 of this subchapter, a packquirements of $173.128(d) of this subage may be offered for transportation chapter. and transported prior to October 1, (19) Rail and motor carriers must 2001, if itcomply with 49 CFR 1572.9 and 49 CFR (i) Conforms to the old requirements 1572.11 to the extent those regulations of this subchapter in effect on Sepapply, when transporting Class 1 matetember 30, 1991; rials. (20) No person may offer an IM or UN (ii) Was filled with a hazardous mateportable tank containing liquid hazrial prior to October 1, 1991: ardous materials of Class 3, PG I or II, (iii) Is marked "Inhalation Hazard" if or PG III with a flash point less than appropriate, in accordance with 100 °F (38 °C); Division 5.1, PG I or II; or $172.313 of this subchapter or Special Division 6.1, PG I or II, for unloading Provision 13, as assigned in the $172.101 while it remains on a transport vehicle table; and with the motive power unit attached, (iv) Is not emptied and refilled on or unless it conforms to the requirements after October 1, 1991. in § 177.834(o) of this subchapter. (2) Non-bulk packages filled prior to October 1. 1996. Notwithstanding the pack- [Amdt. 171-111. 55 FR 52473] aging provisions of subpart B of part EDITORIAL NOTE: For FEDERAL REGISTER ci- 172 and the packaging provisions of tations affecting $171.12a, see the List of part 173 of this subchapter with respect CFR Sections Affected which appears in the to UN standard packagings, a non-bulk Finding Aids section of the printed volume and on GPO Access. package other than a cylinder may be offered for transportation and trans- EFFECTIVE DATE NOTE: At 71 FR 3425. Jan. ported domestically prior to October 1, 23, 2006, $171.12a was amended by adding a new paragraph (21) to paragraph (b). effective 1999, if it- Jan. 1, 2007. For the convenience of the user, (i) Conforms to the requirements of the added text is set forth as follows: this subchapter in effect on September 30, 1996; $ 171.12a Canadian shipments and packagings. (ii) Was filled with a hazardous material prior to October 1, 1996; and * * (iii) Is not emptied and refilled on or after October 1. 1996. (b) (b) Transitional placarding provisions. (21) Lighters and lighter refills containing Division 2.1 or Class 3 materials (see $171.8 of Until October 1, 2001, placards which this subchapter) must conform to the reconform to specifications for placards quirements of this subchapter. in effect on September 30, 1991, or placards specified in the December 21, 1990 § 171.14 Transitional provisions for imfinal rule may be used, for highway plementing certain requirements. transportation only, in place of the General. The purpose of the proviplacards specified in subpart F of part sions of this section is to provide an or- 172 of this subchapter, in accordance derly transition to certain new requirewith the following table: PLACARD SUBSTITUTION TABLE Old (Sept 30, 1991) Hazard class or division No. Current placard name placard name Division 1.1 Explosives 1.1 Explosives A. Division 1.2 Explosives 1.2 Explosives A. Division 1.3 Explosives 1.3 Explosives B. 116 Pipeline and Hazardous Materials Safety Admin., DOT § 171.14 PLACARD SUBSTITUTION TABLE-Continued Current placard name Old (Sept. 30, 1991) Hazard class or division No. placard name Division 1.4 Explosives 1.4 Dangerous. Division 1.5 Explosives 1.5 Blasting agents. Division 1.6 Explosives 1.6 Dangerous. Division 2.1 Flammable gas Flammable gas. Division 2.2 Nonflammable gas Nonflammable gas. Division 2.3' Poison gas Poison gas. Class 3 Flammable Flammable. Combustible liquid Combustible Combustible. Division 4.1 Flammable solid Flammable solid. Division 4.2 Spontaneously combustible Flammable solid. Division 4.3 Dangerous when wet Flammable solid W. Division 5.1 Oxidizer Oxidizer. Division 5.2 Organic peroxide Organic peroxide. Division 6.1, (inhalation hazard, Zone A or B)¹ Poison inhalation hazard Poison. Division 6.1, PG I (other than Zone A or B inha- Posion Poison. lation hazard), PG II, or PG III. Class 7 Radioactive Radioactive. Class 8 Corrosive Corrosive. Class 9 Class 9 (none required). 1 For materials poisonous by Inhalation, by all modes of transportation, until October 1, 2001, placards may be used that conform to specifications for placards (1) in effect on September 30, 1991, (2) specified in the December 21, 1990 final rule, or (3) specified in the July 22. 1997 final rule. (c) Non-specification fiber drums. A 2006, all applicable regulatory requirenon-specification fiber drum with a rements adopted in the final rule in efmovable head is authorized for a liquid fect on January 1, 2005 must be met. hazardous material in Packing Group (2) Intermixing old and new require- III that is not poisonous by inhalation ments. Marking, labeling, placarding, for which the packaging was authorand shipping paper descriptions must ized under the requirements of part 172 conform to either the old requirements or part 173 of this subchapter in effect of this subchapter in effect on Decemon September 30, 1991. This authorizaben 31, 2004, or the new requirements of tion expires on the date on which funds this subchapter in the final rule withare authorized to be appropriated to out intermixing communication elecarry out chapter 51 of title 49, United ments, except that intermixing is per- States Code (related to transportation mitted, during the applicable transiof hazardous materials), for fiscal years tion period, for packaging, hazard combeginning after September 30, 1997. Inmunication, and handling provisions, formation concerning this funding auas follows: thorization date may be obtained by (3) [Reserved] contacting the Office of the Associate (4) Until January 1, 2010, a hazardous Administrator. material may be transported in an IM, (d) A final rule published in the FED- IMO, or DOT Specification 51 portable ERAL REGISTER on December 20, 2004, tank in accordance with the T Codes effective January 1, 2005, resulted in re- (Special Provisions) assigned to a hazvisions to this subchapter. During the ardous material in Column (7) of the transition period, until January 1, 2006, $172.101 Table in effect on September as provided in paragraph (d)(1) of this 30, 2001. section, a person may elect to comply (5) Proper shipping names that inwith either the applicable requirecluded the word "inhibited" prior to ments of this subchapter in effect on the June 21, 2001 final rule in effect on December 31, 2004, or the requirements October 1. 2001 are authorized on packpublished in the December 20, 2004, agings and shipping papers in place of final rule. the word "stabilized" until October 1, (1) Transition dates. The effective date 2007. Proper shipping names that inof the final rule published on December cluded the word "compressed" prior to 20, 2004, is January 1, 2005. A delayed the final rule published on July 31, 2003 compliance date of January 1, 2006 is and effective on October 1, 2003 may authorized. On and after January 1. continue to be shown on packagings 117 § 171.15 49 CFR Ch. I (10-1-06 Edition) and shipping papers until October 1, material must provide notice by tele- 2007. phone to the National Response Center (6) Section 172.202(a)(6) requires the (NRC) on 800-424-8802 (toll free) or 202- number and types of packages to be in- 267-2675 (toll call). Notice involving an dicated on shipping papers. Until Octoinfectious substance (etiologic agent) ber 1, 2007, a person may elect to commay be given to the Director, Centers ply with the requirements for the numfor Disease Control and Prevention, ber and type of packages in effect on U.S. Public Health Service, Atlanta, September 30, 2003. GA, 800-232-0124 (toll free), in place of (7) Except for transport by vessel, the notice to the NRC. Each notice must non-mandatory shipping paper proviinclude the following information: sion to include the subsidiary hazard (1) Name of reporter; class or division number in accordance with § 172.202(a)(2), in effect on Sep- (2) Name and address of person reptember 30, 2003, is authorized until Ocresented by reporter; tober 1, 2005. (3) Phone number where reporter can (8) Until October 1, 2005, proper shipbe contacted; ping names that did not identify spe- (4) Date, time, and location of incicific isomers by numbers or letters predent; ceding the chemical name prior to the (5) The extent of injury, if any; final rule published on July 31, 2003 and (6) Class or division, proper shipping effective on October 1, 2003, may conname, and quantity of hazardous matetinue to be marked on packagings and rials involved, if such information is are authorized on shipping papers in available; and place of the proper shipping names re- (7) Type of incident and nature of vised in the July 31, 2003 final rule. hazardous material involvement and (e) A Division 6.2 label conforming to whether a continuing danger to life exspecifications in $172.432 of this subists at the scene. chapter in effect on September 30, 2002, (b) Reportable incident. A telephone may be used until October 1, 2005. report is required whenever any of the (f) 49 CFR 175.33 sets out requirefollowing occurs during the course of ments regarding the availability of intransportation in commerce (including formation for hazardous materials loading. unloading, and temporary transported by aircraft. Until April 1, storage): 2005, a person may elect to comply with (1) As a direct result of a hazardous either the applicable requirements of material- 49 CFR 175.33 in effect on September 30, (i) A person is killed; 2003, and contained in 49 CFR Part 175 (ii) A person receives an injury rerevised as of October 1, 2002, or the requiring admittance to a hospital; quirements of that section contained in (iii) The general public is evacuated 49 CFR Part 175 revised as of October 1, for one hour or more; 2003. On April 1, 2005, all applicable reg- (iv) A major transportation artery or ulatory requirements in 49 CFR 175.33 facility is closed or shut down for one in effect on October 1, 2003 must be hour or more; or met. (v) The operational flight pattern or [Amdt. 171-131, 59 FR 67406, Dec. 29, 1994) routine of an aircraft is altered; EDITORIAL NOTE: For FEDERAL REGISTER ci- (2) Fire, breakage, spillage, or sustations affecting $171.14. see the List of CFR pected radioactive contamination OC- Sections Affected which appears in the Findcurs involving a radioactive material ing Aids section of the printed volume and (see also § 176.48 of this subchapter); on GPO Access. (3) Fire, breakage, spillage, or suspected contamination occurs involving § 171.15 Immediate notice of certain an infectious substance other than a hazardous materials incidents. diagnostic specimen or regulated med- (a) General. As soon as practical but ical waste; no later than 12 hours after the occur- (4) A release of a marine pollutant rence of any incident described in paraoccurs in a quantity exceeding 450 L graph (b) of this section, each person in (119 gallons) for a liquid or 400 kg (882 physical possession of the hazardous pounds) for a solid; or 118 Pipeline and Hazardous Materials Safety Admin., DOT § 171.16 (5) A situation exists of such a nature portation. Washington, DC 20590-0001, (e.g., a continuing danger to life exists or an electronic Hazardous Material Inat the scene of the incident) that, in cident Report to the Information Systhe judgment of the person in possestem Manager, DHM-63, Research and sion of the hazardous material, it Special Programs Administration, Deshould be reported to the NRC even partment of Transportation, Washthough it does not meet the criteria of ington, DC 20590-0001 at http:// paragraph (b) (1), (2), (3) or (4) of this hazmat.dot.gov; section. (2) For an incident involving trans- (c) Written report. Each person makportation by aircraft, submit a written ing a report under this section must or electronic copy of the Hazardous also make the report required by Materials Incident Report to the FAA $ 171.16 of this subpart. Security Field Office nearest the loca- NOTE TO $171.15: Under 40 CFR 302.6, EPA tion of the incident; and requires persons in charge of facilities (in- (3) Retain a written or electronic cluding transport vehicles, vessels. and aircopy of the Hazardous Materials Incicraft) to report any release of a hazardous dent Report for a period of two years at substance in a quantity equal to or greater the reporting person's principal place than its reportable quantity, as soon as that of business. If the written or electronic person has knowledge of the release, to Hazardous Materials Incident Report is DOT's National Response Center at (toll free) 800-424-8802 or (toll) 202-267-2675. maintained at other than the reporting person's principal place of business, the [68 FR 67759, Dec. 3, 2003] report must be made available at the § 171.16 Detailed hazardous materials reporting person's principal place of incident reports. business within 24 hours of a request for the report by an authorized rep- (a) General. Each person in physical resentative or special agent of the Depossession of a hazardous material at partment of Transportation. the time that any of the following inci- (c) Updating the incident report. A dents occurs during transportation (in- Hazardous Materials Incident Report cluding loading, unloading, and temmust be updated within one year of the porary storage) must submit a Hazdate of occurrence of the incident ardous Materials Incident Report on whenever: DOT Form F 5800.1 (01/2004) within 30 (1) A death results from injury days of discovery of the incident: caused by a hazardous material; (1) Any of the circumstances set (2) There was a misidentification of forth in $171.15(b): (2) An unintentional release of a hazthe hazardous material or package information on a prior incident report; ardous material or the discharge of any quantity of hazardous waste; (3) Damage, loss or related cost that was not known when the initial inci- (3) A specification cargo tank with a capacity of 1,000 gallons or greater condent report was filed becomes known; taining any hazardous material suffers or structural damage to the lading reten- (4) Damage, loss, or related cost tion system or damage that requires changes by $25,000 or more, or 10% of repair to a system intended to protect the prior total estimate, whichever is the lading retention system, even if greater. there is no release of hazardous mate- (d) Exceptions. Unless a telephone rerial; or port is required under the provisions of (4) An undeclared hazardous material $171.15 of this part, the requirements of is discovered. paragraphs (a), (b), and (c) of this sec- (b) Providing and retaining copies of tion do not apply to the following incithe report. Each person reporting under dents: this section must- (1) A release of a minimal amount of (1) Submit a written Hazardous Matematerial fromrials Incident Report to the Informa- (i) A vent, for materials for which tion Systems Manager, PHH-63, Pipeventing is authorized; line and Hazardous Materials Safety (ii) The routine operation of a seal, Administration, Department of Transpump, compressor, or valve; or 119 §§ 171.17-171.18 49 CFR Ch. I (10-1-06 Edition) (iii) Connection or disconnection of tion, must be submitted to the Assoloading or unloading lines, provided ciate Administrator for Hazardous Mathat the release does not result in terials Safety, Pipeline and Hazardous property damage. Materials Safety Administration, (2) An unintentional release of haz- Washington, DC 20590-0001. ardous material when: (c) Any applicant for an approval ag- (i) The material is properly classed grieved by an action taken by the Asas- sociate Administrator, under this sub- (A) ORM-D; or part may file an appeal with the Ad- (B) a Packing Group III material in ministrator, PHMSA within 30 days of Class or Division 3, 4, 5, 6.1, 8, or 9; service of notification of a denial. (ii) Each package has a capacity of [Amdt. 171-54. 45 FR 32692, May 19. 1980, as less than 20 liters (5.2 gallons) for liqamended by Amdt. 171-66, 47 FR 43064, Sept. uids or less than 30 kg (66 pounds) for 30, 1982: Amdt. 171-109, 55 FR 39978, Oct. 1, solids; 1990; Amdt. 171-111, 56 FR 66162, Dec. 20, 1991; (iii) The total aggregate release is 66 FR 45378, Aug. 28, 2001] less than 20 liters (5.2 gallons) for liquids or less than 30 kg (66 pounds) for § 171.21 Assistance in investigations solids; and and special studies. (iv) The material is not- (a) A shipper, carrier, package owner, (A) Offered for transportation or package manufacturer or certifier, retransported by aircraft, pair facility, or person reporting an in- (B) A hazardous waste, or cident under the provisions of $171.16 (C) An undeclared hazardous matemust: rial. (1) Make all records and information (3) An undeclared hazardous material pertaining to the incident available to discovered in an air passenger's an authorized representative or special checked or carry-on baggage during the agent of the Department of Transporairport screening process. (For discreptation upon request; and ancy reporting by carriers, see § 175.31 (2) Give an authorized representative of this subchapter.) or special agent of the Department of Transportation reasonable assistance [68 FR 67759, Dec. 3, 2003; 69 FR 30119, May 26, in the investigation of the incident. 2004, as amended at 70 FR 56091, Sept. 23, 2005) (b) If an authorized representative or special agent of the Department of §§ 171.17-171.18 [Reserved] Transportation makes an inquiry of a person required to complete an inci- § 171.19 Approvals or authorizations dent report in connection with a study issued by the Bureau of Explosives. of incidents, the person shall: Effective December 31, 1998, approv- (1) Respond to the Inquiry within 30 als or authorizations issued by the Budays after its receipt or within such reau of Explosives (BOE), other than other time as the inquiry may specify: those issued under part 179 of this suband chapter, are no longer valid. (2) Provide true and complete answers to any questions included in the [63 FR 37459, July 10. 1998) inquiry. § 171.20 Submission of Examination [68 FR 67760, Dec. 3, 2003] Reports. (a) When it is required in this sub- PART 172-HAZARDOUS MATERIALS chapter that the issuance of an ap- TABLE, SPECIAL PROVISIONS, proval by the Associate Administrator HAZARDOUS MATERIALS COMbe based on an examination by the Bu- MUNICATIONS, EMERGENCY REreau of Explosives (or any other test SPONSE INFORMATION, AND facility recognized by PHMSA), it is TRAINING REQUIREMENTS the responsibility of the applicant to submit the results of the examination to the Associate Administrator. Subpart A-General (b) Applications for approval sub- Sec. mitted under paragraph (a) of this sec- 172.1 Purpose and scope. 120 § 172.1 49 CFR Ch. I (10-1-06 Edition) 172.532 FLAMMABLE GAS placard. to the shipment and transportation of 172.536 [Reserved] those hazardous materials. 172.540 POISON GAS placard. 172.542 FLAMMABLE placard. [Amdt. 172-29, 41 FR 15997, Apr. 15. 1976, as 172.544 COMBUSTIBLE placard. amended by 66 FR 45379, Aug. 28. 2001] 172.546 FLAMMABLE SOLID placard. 172.547 SPONTANEOUSLY COMBUSTIBLE $ 172.3 Applicability. placard. 172.548 DANGEROUS WHEN WET placard. (a) This part applies to- 172.550 OXIDIZER placard. (1) Each person who offers a haz- 172.552 ORGANIC PEROXIDE placard. ardous material for transportation. and 172.553 [Reserved] 172.554 POISON placard. (2) Each carrier by air, highway, rail, 172.555 POISON INHALATION HAZARD or water who transports a hazardous placard. material. 172.556 RADIOACTIVE placard. (b) When a person, other than one of 172.558 CORROSIVE placard. those provided for in paragraph (a) of 172.560 CLASS 9 placard. this section, performs a packaging la- Subpart G-Emergency Response beling or marking function required by Information this part. that person shall perform the function in accordance with this part. 172.600 Applicability and general requirements. [Amdt. 172-29, 41 FR 15996, Apr. 15. 1976, as 172.602 Emergency response Information. amended by Amdt. 172-32. 41 FR 38179, Sept. 172.604 Emergency response telephone num- 9. 1976] ber. 172.606 Carrier information contact. Subpart B-Table of Hazardous Subpart H-Training Materials and Special Provisions 172.700 Purpose and scope. § 172.101 Purpose and use of haz- 172.701 Federal-State relationship. ardous materials table. 172.702 Applicability and responsibility for training and testing. (a) The Hazardous Materials Table 172.704 Training requirements. (Table) in this section designates the materials listed therein as hazardous Subpart I-Security Plans materials for the purpose of transpor- 172.800 Purpose and applicability. tation of those materials. For each 172.802 Components of a security plan. listed material, the Table Identifies the 172.804 Relationship to other Federal rehazard class or specifies that the matequirements. rial is forbidden in transportation. and APPENDIX A TO PART 172-OFFICE OF HAZgives the proper shipping name or di- ARDOUS MATERIALS TRANSPORTATION rects the user to the preferred proper COLOR TOLERANCE CHARTS AND TABLES APPENDIX B TO PART 172-TREFOIL SYMBOL shipping name. In addition, the Table APPENDIX C TO PART 172-DIMENSIONAL SPECspecifies or references requirements in IFICATIONS FOR RECOMMENDED PLACARD this subchapter pertaining to labeling, HOLDER packaging, quantity limits aboard air- AUTHORITY: 49 U.S.C. 5101-5127. 44701; 49 craft and stowage of hazardous mate- CFR 1.53. rials aboard vessels. SOURCE: Amdt. 172-29, 41 FR 15996. Apr. 15, (b) Column 1: Symbols. Column 1 of the 1976, unless otherwise noted. Table contains six symbols ("+", "A", "D", "G", "I" and "W") as follows: Subpart A-General (1) The plus (+) sign fixes the proper shipping name, hazard class and pack- $ 172.1 Purpose and scope. ing group for that entry without regard This part lists and classifies those to whether the material meets the defimaterials which the Department has nition of that class, packing group or designated as hazardous materials for any other hazard class definition. When purposes of transportation and prethe plus sign is assigned to a proper scribes the requirements for shipping shipping name in Column (1) of the papers, package marking, labeling, and $172.101 Table, it means that the matetransport vehicle placarding applicable rial is known to pose a risk to humans. 122 Pipeline and Hazardous Materials Safety Admin., DOT $ 172.101 When a plus sign is assigned to mix- Column 2 lists the hazardous materials tures or solutions containing a matedescriptions and proper shipping names rial where the hazard to humans is sigof materials designated as hazardous nificantly different from that of the materials. Modification of a proper pure material or where no hazard to shipping name may otherwise be rehumans is posed, the material may be quired or authorized by this section. described using an alternative shipping Proper shipping names are limited to name that represents the hazards posed those shown in Roman type (not by the material. An appropriate alteritalics). nate proper shipping name and hazard (1) Proper shipping names may be class may be authorized by the Assoused in the singular or plural and in eiciate Administrator. ther capital or lower case letters. (2) The letter "A" denotes a material Words may be alternatively spelled in that is subject to the requirements of the same manner as they appear in the this subchapter only when offered or ICAO Technical Instructions or the intended for transportation by aircraft. IMDG Code. For example "aluminum" unless the material is a hazardous submay be spelled "aluminium" and "sulstance or a hazardous waste. A shipfur" may be spelled "sulphur". Howping description entry preceded by an ever, the word "inflammable". may not "A" may be used to describe a material be used in place of the word "flamfor other modes of transportation promable". vided all applicable requirements for (2) Punctuation marks and words in the entry are met. italics are not part of the proper ship- (3) The letter "D" identifies proper ping name, but may be used in addition shipping names which are appropriate to the proper shipping name. The word for describing materials for domestic "or" in italics indicates that terms in transportation but may be inappropriate for international transportation the sequence may be used as the proper under the provisions of international shipping name, as appropriate. regulations (e.g., IMO, ICAO). An alter- (3) The word "poison" or "poisonous" nate proper shipping name may be semay be used interchangeably with the lected when either domestic or interword "toxic" when only domestic national transportation is involved. transportation is involved. The abbre- (4) The letter "G" identifies proper viation "n.o.i." or "n.o.i.b.n." may be shipping names for which one or more used interchangeably with "n.o.s.". technical names of the hazardous ma- (4) Except for hazardous wastes, when terial must be entered in parentheses, qualifying words are used as part of the in association with the basic descripproper shipping name, their sequence tion. (See $172.203(k).) in the package markings and shipping (5) The letter "I" identifies proper paper description is optional. However, shipping names which are appropriate the entry in the Table reflects the prefor describing materials in interferred sequence. national transportation. An alternate (5) When one entry references anproper shipping name may be selected other entry by use of the word "see", if when only domestic transportation is both names are in Roman type, either involved. name may be used as the proper ship- (6) The letter "W" denotes a material ping name (e.g., Ethyl alcohol, see Eththat is subject to the requirements of anol). this subchapter only when offered or (6) When a proper shipping name inintended for transportation by vessel, cludes a concentration range as part of unless the material is a hazardous subthe shipping description, the actual stance or a hazardous waste. A shipconcentration, if it is within the range ping description entry preceded by a stated, may be used in place of the con- "W" may be used to describe a matecentration range. For example, an rial for other modes of transportation aqueous solution of hydrogen peroxide provided all applicable requirements containing 30 percent peroxide may be for the entry are met. described as "Hydrogen peroxide, aque- (c) Column 2: Hazardous materials deous solution with not less than 20 percent scriptions and proper shipping names. but not more than 40 percent hydrogen 123 § 172.101 49 CFR Ch. I (10-1-06 Edition) peroxide" or "Hydrogen peroxide, aque- $172.101 Table as a material poisonous ous solution with 30 percent hydrogen by inhalation; however, It no longer peroxide". meets the definition of poisonous by in- (7) Use of the prefix "mono" is ophalation or it falls within a different tional in any shipping name, when aphazard zone than that specified in the propriate. Thus, Iodine monochloride special provision; or may be used interchangeably with Io- (F) The material can be approdine chloride. In "Glycerol alphapriately described by a shipping name monochlorohydrin" the term "mono" that describes its intended application, is considered a prefix to the term such as "Coating solution", "Extracts, "chlorohydrin" and may be deleted. flavoring" or "Compound, cleaning liq- (8) Use of the word "liquid" or uid". "solid". The word "liquid" or "solid" (ii) If one or more of the conditions may be added to a proper shipping specified in paragraph (c)(10)(i) of this name when a hazardous material spesection is satisfied, then a proper shipcifically listed by name may, due to ping name shall be selected as prediffering physical states, be a liquid or scribed in paragraph (c)(12)(ii) of this solid. When the packaging specified in section. Column 8 is inappropriate for the physical state of the material, the table (iii) A mixture or solution not identiprovided in paragraph (1)(4) of this secfied in the Table specifically by name, tion should be used to determine the comprised of two or more hazardous materials in the same hazard class, appropriate packaging section. (9) Hazardous wastes. If the word shall be described using an appropriate "waste" is not included in the hazshipping description (e.g., "Flammable ardous material description in Column liquid, n.o.s."). The name that most ap- 2 of the Table, the proper shipping propriately describes the material name for a hazardous waste (as defined shall be used; e.g., an alcohol not listed in $171.8 of this subchapter). shall inby its technical name in the Table clude the word "Waste" preceding the shall be described as "Alcohol, n.o.s." proper shipping name of the material. rather than "Flammable liquid, n.o.s.". For example: Waste acetone. Some mixtures may be more appro- (10) Mixtures and solutions. (i) A mixpriately described according to their ture or solution not identified specifiapplication, such as "Coating solution" cally by name, comprised of a hazor "Extracts, flavoring liquid" rather ardous material identified in the Table than by an n.o.s. entry. Under the proby technical name and non-hazardous visions of subparts C and D of this part, material, shall be described using the the technical names of at least two proper shipping name of the hazardous components most predominately conmaterial and the qualifying word tributing to the hazards of the mixture "mixture" or "solution", as approor solution may be required in associapriate, unlesstion with the proper shipping name. (A) Except as provided in (11) Except for a material subject to § 172.101(i)(4) the packaging specified in or prohibited by $173.21, 173.54, Column 8 is inappropriate to the phys- 173.56(d), 173.56(e), 173.224(c) or 173.225(b) ical state of the material; of this subchapter, a material that is (B) The shipping description indiconsidered to be a hazardous waste or a cates that the proper shipping name sample of a material for which the hazapplies only to the pure or technically ard class is uncertain and must be depure hazardous material; termined by testing may be assigned a (C) The hazard class, packing group, tentative proper shipping name, hazard or subsidiary hazard of the mixture or class, identification number and packsolution is different from that specified ing group, if applicable, based on the for the entry; shipper's tentative determination ac- (D) There is a significant change in cording to: the measures to be taken in emer- (i) Defining criteria in this subgencies; chapter; (E) The material is identified by spe- (ii) The hazard precedence prescribed cial provision in Column 7 of the in $173.2a of this subchapter; 124 Pipeline and Hazardous Materials Safety Admin., DOT § 172.101 (iii) The shipper's knowledge of the an alcohol not listed by its technical material; name in the Table shall be described as (iv) In addition to paragraphs "Alcohol, n.o.s." rather than "Flam- (c)(11)(i) through (iii) of this section, mable liquid, n.o.s.". Some mixtures for a sample of a material other than a may be more appropriately described waste, the following must be met: according to their application, such as (A) Except when the word "Sample" "Coating solution" or "Extracts, flaalready appears in the proper shipping voring, liquid", rather than by an n.o.s. name, the word "Sample" must appear entry, such as "Flammable liquid, as part of the proper shipping name or n.o.s." It should be noted, however, in association with the basic description on the shipping paper. that an n.o.s. description as a proper shipping name may not provide suffi- (B) When the proper shipping description for a sample is assigned a "G" in cient information for shipping papers Column (1) of the $172.101 Table, and and package markings. Under the prothe primary constituent(s) for which visions of subparts C and D of this part, the tentative classification is based are the technical name of one or more connot known, the provisions requiring a stituents which makes the product a technical name for the constituent(s) hazardous material may be required in do not apply; and association with the proper shipping (C) A sample must be transported in name. a combination packaging that con- (iii) Multiple hazard materials. If a maforms to the requirements of this subterial meets the definition of more chapter that are applicable to the tenthan one hazard class, and is not identative packing group assigned. and tifled in the Table specifically by name may not exceed a net mass of 2.5 kg (5.5 (e.g., acetyl chloride), the hazard class pounds) per package. of the material shall be determined by using the precedence specified in NOTE TO PARACRAPH (c)(11): For the transportation of self-reactive, organic peroxide $173.2a of this subchapter, and an apand explosive samples, see $173.224(c)(3), propriate shipping description (e.g., 173.225(b)(2) and 173.56(d) of this subchapter, 'Flammable liquid. corrosive n.o.s.") respectively. shall be selected as described in para- (12) Except when the proper shipping graph (c)(12)(ii) of this section. name in the Table is preceded by a plus (iv) If it is specifically determined (+)- that a material is not a forbidden ma- (i) If it is specifically determined terial and does not meet the definition that a material meets the definition of of any hazard class, the material is not a hazard class, packing group or hazard a hazardous material. zone, other than the class, packing (13) Self-reactive materials and organic group or hazard zone shown in associaperoxides. A generic proper shipping tion with the proper shipping name, or name for a self-reactive material or an does not meet the defining criteria for organic peroxide. as listed in Column 2 a subsidiary hazard shown in Column 6 of the Table, must be selected based on of the Table, the material shall be dethe material's technical name and conscribed by an appropriate proper shipcentration, in accordance with the proping name listed in association with visions of $$173.224 or 173.225 of this the correct hazard class, packing subchapter, respectively. group, hazard zone, or subsidiary haz- (14) A proper shipping name that deard for the material. scribes all isomers of a material may (ii) Generic or n.o.s. descriptions. If an be used to identify any isomer of that appropriate technical name is not material if the isomer meets criteria shown in the Table, selection of a propfor the same hazard class or division, er shipping name shall be made from subsidiary risk(s) and packing group, the generic or n.o.s. descriptions corunless the isomer is specifically identiresponding to the specific hazard class, fied in the Table. packing group, hazard zone, or sub- (15) Unless a hydrate is specifically sidiary hazard, if any, for the material. listed in the Table, a proper shipping The name that most appropriately dename for the equivalent anhydrous scribes the material shall be used; e.g., substance may be used, if the hydrate 125 § 172.101 49 CFR Ch. I (10-1-06 Edition) meets the same hazard class or diviance with $173.150 (e) or (f) of this subsion, subsidiary risk(s) and packing chapter or has a flash point above 60.5 group. °C (141 °F) but below 93 °C (200 °F). (16) Unless it is already included in (e) Column 4: Identification number. the proper shipping name in the Column 4 lists the identification num- $172.101 Table, the qualifying words ber assigned to each proper shipping "liquid" or "solid" may be added in asname. Those preceded by the letters sociation with the proper shipping "UN" are associated with proper shipname when a hazardous material speping names considered appropriate for cifically listed by name in the $172.101 international transportation as well as Table may, due to the differing physdomestic transportation. Those preical states of the various isomers of the ceded by the letters "NA" are associmaterial, be either a liquid or a solid ated with proper shipping names not (for example "Dinitrotoluenes, liquid" and "Dinitrotoluenes, solid"). Use of recognized for international transporthe words "liquid" or "solid" is subject tation, except to and from Canada. Identification numbers in the "NA9000" to the limitations specified for the use of the words "mixture" or "solution" series are associated with proper shipin paragraph (c)(10) of this section. The ping names not appropriately covered qualifying word "molten" may be by international hazardous materials added in association with the proper (dangerous goods) transportation shipping name when a hazardous matestandards. or not appropriately adrial, which is a solid in accordance dressed by international transporwith the definition in $171.8 of this subtation standards for emergency rechapter, is offered for transportation in sponse information purposes, except for the molten state (for example, transportation between the United "Alkylphenols, solid, n.o.s., molten"). States and Canada. (d) Column 3: Hazard class or Division. (f) Column 5: Packing group. Column 5 Column 3 contains a designation of the specifies one or more packing groups hazard class or division corresponding assigned to a material corresponding to to each proper shipping name, or the the proper shipping name and hazard word "Forbidden". class for that material. Class 2, Class 7. (1) A material for which the entry in Division 6.2 (other than regulated medthis column is "Forbidden" may not be ical wastes). and ORM-D materials. do offered for transportation or transnot have packing groups. Packing ported. This prohibition does not apply Groups I, II and III indicate the degree if the material is diluted, stabilized or of danger presented by the material is incorporated in a device and it is either great, medium or minor, respecclassed in accordance with the definitively. If more than one packing group tions of hazardous materials contained is indicated for an entry, the packing in part 173 of this subchapter. group for the hazardous material is de- (2) When a reevaluation of test data termined using the criteria for assignor new data indicates a need to modify ment of packing groups specified in the "Forbidden" designation or the subpart D of part 173. When a reevaluahazard class or packing group specified tion of test data or new data indicates for a material specifically identified in a need to modify the specified packing the Table, this data should be subgroup(s), the data should be submitted mitted to the Associate Administrator. to the Associate Administrator. Each (3) A basic description of each hazard reference in this column to a material class and the section reference for class which is a hazardous waste or a hazdefinitions appear in § 173.2 of this subardous substance. and whose proper chapter. shipping name is preceded in Column 1 (4) When an entry in this column of the Table by the letter "A" or "W", reads "Comb liq". the material is asis modified to read "III" on those occasigned to the hazard class "Combussions when the material is offered for tible liquid." Additionally, each reftransportation or transported by a erence to a Class 3 material is modified mode in which its transportation is not to read "Combustible liquid" when otherwise subject to requirements of that material is reclassified in accordthis subchapter. 126 Pipeline and Hazardous Materials Safety Admin., DOT § 172.101 (g) Column 6: Labels. Column 6 speciplicable sections for exceptions, nonfies codes which represent the hazard bulk packaging requirements and bulk warning labels required for a package packaging requirements, respectively. filled with a material conforming to in part 173 of this subchapter. Columns the associated hazard class and proper 8A, 8B and 8C are completed in a manshipping name, unless the package is ner which indicates that "$173." preotherwise excepted from labeling by a cedes the designated numerical entry. provision in subpart E of this part, or For example, the entry "202" in Colpart 173 of this subchapter. The first umn 8B associated with the proper code is indicative of the primary hazshipping name "Gasoline" indicates ard of the material. Additional label that for this material conformance to codes are indicative of subsidiary haznon-bulk packaging requirements preards. Provisions in $172.402 may require scribed in $173.202 of this subchapter is that a label other than that specified required. When packaging requirein Column 6 be affixed to the package ments are specified. they are in addiin addition to that specified in Column tion to the standard requirements for 6. No label is required for a material all packagings prescribed in $173.24 of classed as a combustible liquid or for a this subchapter and any other applica- Class 3 material that is reclassed as a ble requirements in subparts A and B combustible liquid. For "Empty" label requirements, see $173.428 of this subof part 173 of this subchapter. chapter. The codes contained in Col- (1) Exceptions. Column 8A contains umn 6 are defined according to the folexceptions from some of the requirelowing table: ments of this subchapter. The referenced exceptions are in addition to LABEL SUBSTITUTION TABLE those specified in subpart A of part 173 and elsewhere in this subchapter. A Label code Label name "None" in this column means no pack- 1 Explosive aging exceptions are authorized, except 1.11 Explosive 1.11 as may be provided by special provi- 1.2¹ Explosive 1.2' sions in Column 7.