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Las multas administrativas impuestas al amparo de este Reglamento no impiden que el Gobierno de Puerto Rico incluyendo la Comisión O el Gobierno Federal, puedan presentar cualquier otra acción contra la persona que incurrió en la falta administrativa, ya sea criminal, civil 0 administrativa, y que pueda proceder al amparo de legislación y reglamentación vigente. Aprobado en todo su contenido, incluyendo sus anejos y apéndices, por la la Comisión de Servicio Público, en Sesión Ordinaria celebrada en San Juan, Puerto Rico el NO PARTICIPO KAYLEEN SANTOS COLÓN JOSE M. MIRANDA RAMOS COMISIONADA COMISIONADO BLANCA TORRES MARRERO CARLOS DASTA MELENDEZ COMISIONADA COMISIONADO FIGUEROA DILIA M. NIEVES RODRÍGUEZ COMISIONADA COMISIONADA 428 CERTIFICACIÓN 0 4 MAR 2008 Certificación que hoy día , he remitido copia del presente Reglamento al Departamento de Estado para su radicación. ASOCIADO DE PUERTO YESENIA NIEVES OROZCO DISTRICT CSP de Services 191. Páblico SECRETARIA MILAGROS RODRIGUEZ AYALA SUBSECRETARIA 429 Anejo I- Disposiciones relativas al manejo de materiales peligrosos, adoptadas por referencia del Título 49 del Código de Reglamentos Federales partes 171, 172, 173, 177,178 y 180 430 SUBCHAPTER C-HAZARDOUS MATERIALS REGULATIONS PART 171-GENERAL INFORMAponent of a packaging that is rep- TION, REGULATIONS, AND DEFIresented, marked, certified, or sold as NITIONS qualified for use in the transportation of a hazardous material in commerce. Sec. Federal hazardous material transpor- 171.1 Applicability of Hazardous Materials tation law also applies to anyone who Regulations (HMR) to persons and funcindicates by marking or other means tions. that a hazardous material being trans- 171.2 General requirements. 171.3 Hazardous waste. ported in commerce is present in a 171.4 Marine pollutants. package or transport conveyance when 171.6 Control numbers under the Paperwork it is not, and to anyone who tampers Reduction Act. with a package or transport convey- 171.7 Reference material. ance used to transport hazardous mate- 171.8 Definitions and abbreviations. rials in commerce or a required mark- 171.9 Rules of construction. 171.10 Units of measure. ing, label, placard, or shipping descrip- 171.11 Use of ICAO Technical Instructions. tion. Regulations prescribed in accord- 171.12 Import and export shipments. ance with Federal hazardous materials 171.12a Canadian shipments and packagings. transportation law shall govern safety 171.14 Transitional provisions for impleaspects, including security, of the menting certain requirements. 171.15 Immediate notice of certain haztransportation of hazardous materials ardous materials incidents. that the Secretary considers appro- 171.16 Detailed hazardous materials incipriate. In 49 CFR 1.53, the Secretary dent reports. delegated authority to issue regula- 171.17-171.18 [Reserved] tions for the safe and secure transpor- 171.19 Approvals or authorizations issued by tation of hazardous materials in comthe Bureau of Explosives. 171.20 Submission of Examination Reports. merce to the Pipeline and Hazardous 171.21 Assistance in investigations and spe- Materials Safety Administrator. The cial studies. Administrator issues the Hazardous AUTHORITY: 49 U.S.C. 5101-5127. 44701: 49 Materials Regulations (HMR; 49 CFR CFR 1.45 and 1.53; Pub. L. 101-410 section 4 (28 Parts 171 through 180) under that dele- U.S.C. 2461 note): Pub. L. 104-134 section gated authority. This section addresses 31001. the applicability of the HMR to pack- EDITORIAL NOTE: Nomenclature changes to agings represented as qualified for use part 171 appear at 70 FR 56090, Sept. 23, 2005. in the transportation of hazardous materials in commerce and to pre-trans- § 171.1 Applicability of Hazardous Materials Regulations (HMR) to perportation and transportation funcsons and functions. tions. (a) Packagings. Requirements in the Federal hazardous materials transportation law (49 U.S.C. 5101 et seq.) di- HMR apply to each person who manufactures, fabricates, marks, maintains, rects the Secretary of Transportation to establish regulations for the safe reconditions, repairs, or tests a packand secure transportation of hazardous aging or a component of a packaging materials in commerce, as the Secthat is represented, marked, certified, retary considers appropriate. The Secor sold as qualified for use in the transretary is authorized to apply these regportation of a hazardous material in ulations to persons who transport hazcommerce, including each person under ardous materials in commerce. In addicontract with any department, agency, tion, the law authorizes the Secretary or instrumentality of the executive, to apply these regulations to persons legislative, or judicial branch of the who cause hazardous materials to be Federal government who manufactransported in commerce. The law also tures, fabricates, marks, maintains, reauthorizes the Secretary to apply these conditions, repairs, or tests a packregulations to persons who manufacaging or a component of a packaging ture or maintain a packaging or a comthat is represented, marked, certified, 76 Pipeline and Hazardous Materials Safety Admin., DOT § 171.1 or sold as qualified for use in the trans- (14) Selecting, providing, or affixing portation of a hazardous material in placards for a freight container or commerce. transport vehicle to indicate that it (b) Pre-transportation functions. Recontains a hazardous material. quirements in the HMR apply to each (c) Transportation functions. Requireperson who offers a hazardous material ments in the HMR apply to transporfor transportation in commerce, causes tation of a hazardous material in com- a hazardous material to be transported merce and to each person who transin commerce, or transports a hazardous ports a hazardous material in commaterial in commerce and who permerce, including each person under forms or is responsible for performing a contract with any department, agency. pre-transportation function, including or instrumentality of the executive, each person performing pre-transporlegislative, or judicial branch of the tation functions under contract with Federal government who transports a any department, agency, or instrumenhazardous material in commerce. tality of the executive, legislative, or Transportation of a hazardous material judicial branch of the Federal governin commerce begins when a carrier ment. Pre-transportation functions intakes physical possession of the hazclude, but are not limited to, the folardous material for the purpose of lowing: transporting it and continues until the (1) Determining the hazard class of a package containing the hazardous mahazardous material. terial is delivered to the destination (2) Selecting a hazardous materials indicated on a shipping document, packaging. package marking, or other medium, or, (3) Filling a hazardous materials in the case of a rail car, until the car packaging, including a bulk packaging. is delivered to a private track or sid- (4) Securing a closure on a filled or partially filled hazardous materials ing. For a private motor carrier, transpackage or container or on a package portation of a hazardous material in or container containing a residue of a commerce begins when a motor vehicle hazardous material. driver takes possession of a hazardous material for the purpose of trans- (5) Marking a package to indicate that it contains a hazardous material. porting it and continues until the driv- (6) Labeling a package to indicate er relinquishes possession of the packthat it contains a hazardous material. age containing the hazardous material (7) Preparing a shipping paper. at its destination and is no longer re- (8) Providing and maintaining emersponsible for performing functions subgency response information. ject to the HMR with respect to that (9) Reviewing a shipping paper to particular package. Transportation of a hazardous material in commerce inverify compliance with the HMR or international equivalents. cludes the following: (10) For each person importing a haz- (1) Movement. Movement of a hazardous material into the United States, ardous material by rall car, aircraft, providing the shipper with timely and motor vehicle, or vessel (except as delcomplete information as to the HMR egated by Department of Homeland Serequirements that will apply to the curity Delegation No. 0170 at 2(103)). transportation of the material within (2) Loading incidental to movement of a the United States. hazardous material. Loading of pack- (11) Certifying that a hazardous maaged or containerized hazardous mateterial is in proper condition for transrial onto a transport vehicle. aircraft, portation in conformance with the reor vessel for the purpose of transquirements of the HMR. porting it, including blocking and brac- (12) Loading, blocking, and bracing a ing a hazardous materials package in a hazardous materials package in a freight container or transport vehicle, freight container or transport vehicle. and segregating a hazardous materials (13) Segregating a hazardous matepackage in a freight container or transrials package in a freight container or port vehicle from incompatible cargo, transport vehicle from incompatible when performed by carrier personnel or cargo. in the presence of carrier personnel. 77 § 171.1 49 CFR Ch. I (10-1-06 Edition) For a bulk packaging, loading incistorage at a transloading facility. prodental to movement is filling the packvided the original shipping documentaaging with a hazardous material for tion identifies the shipment as a the purpose of transporting it when through-shipment and identifies the performed by carrier personnel or in final destination or destinations of the the presence of carrier personnel (exhazardous material; and cept as delegated by Department of (B) A rail car containing a hazardous Homeland Security Delegation No. 0170 material that is stored on track that at 2(103)), including transloading. does not meet the definition of "pri- (3) Unloading incidental to movement of vate track or siding" in $171.8, even if a hazardous material. Removing a packthe car has been delivered to the desage or containerized hazardous matetination shown on the shipping docurial from a transport vehicle, aircraft, ment. or vessel; or for a bulk packaging, (ii) Storage incidental to movement emptying a hazardous material from the bulk packaging after the hazardous does not include storage of a hazardous material at its final destination as material has been delivered to the consignee when performed by carrier pershown on a shipping document. sonnel or in the presence of carrier per- (d) Functions not subject to the requiresonnel or, in the case of a private ments of the HMR. The following are exmotor carrier, while the driver of the amples of activities to which the HMR motor vehicle from which the hazdo not apply: ardous material is being unloaded im- (1) Storage of a freight container, mediately after movement is comtransport vehicle, or package conpleted is present during the unloading taining a hazardous material at an ofoperation. (Emptying a hazardous maferor facility prior to a carrier taking terial from a bulk packaging while the possession of the hazardous material packaging is on board a vessel is subfor movement in transportation in ject to separate regulations as delecommerce or, for a private motor cargated by Department of Homeland Serier, prior to a motor vehicle driver curity Delegation No. 0170 at 2(103).) taking physical possession of the haz- Unloading incidental to movement inardous material for movement in cludes transloading. transportation in commerce. (4) Storage incidental to movement of a (2) Unloading of a hazardous material hazardous material. Storage of a transfrom a transport vehicle or a bulk port vehicle, freight container, or packaging performed by a person empackage containing a hazardous mateployed by or working under contract to rial by any person between the time the consignee following delivery of the that a carrier takes physical possession hazardous material by the carrier to of the hazardous material for the purits destination and departure from the pose of transporting it until the packconsignee's premises of the carrier's age containing the hazardous material personnel or, in the case of a private has been delivered to the destination carrier, departure of the driver from indicated on a shipping document, the unloading area. package marking, or other medium. or, (3) Storage of a freight container, in the case of a private motor carrier, transport vehicle, or package conbetween the time that a motor vehicle taining a hazardous material after its driver takes physical possession of the delivery by a carrier to the destination hazardous material for the purpose of indicated on a shipping document, transporting it until the driver relinpackage marking, or other medium, or, quishes possession of the package at its in the case of a rail car, storage of a destination and is no longer responrail car on private track. sible for performing functions subject (4) Rail and motor vehicle moveto the HMR with respect to that parments of a hazardous material excluticular package. sively within a contiguous facility (i) Storage incidental to movement boundary where public access is reincludes- stricted, except to the extent that the (A) Storage at the destination shown movement is on or crosses a public on a shipping document, including road or is on track that is part of the 78 Pipeline and Hazardous Materials Safety Admin., DOT § 171.1 general railroad system of transporlation or directive issued by the Sectation, unless access to the public road retary of Homeland Security with reis restricted by signals, lights, gates, spect toor similar controls. (A) The designation, description, and (5) Transportation of a hazardous maclassification of hazardous material; terial in a motor vehicle, aircraft, or (B) The packing, repacking, handling, vessel operated by a Federal, state, or labeling, marking, and placarding of local government employee solely for hazardous material; noncommercial Federal, state, or local (C) The preparation, execution, and government purposes. use of shipping documents related to (6) Transportation of a hazardous mahazardous material and requirements terial by an individual for non-comrelated to the number, contents, and mercial purposes in a private motor veplacement of those documents; hicle, including a leased or rented (D) The written notification, recordmotor vehicle. ing, and reporting of the unintentional (7) Any matter subject to the postal release of hazardous material; or laws and regulations of the United (E) The design, manufacturing, fabri- States. cating, marking, maintenance, recon- (e) Requirements of other Federal agenditioning, repairing, or testing of a cies. Each facility at which pre-transpackage or container represented, portation or transportation functions marked, certified, or sold as qualified are performed in accordance with the for use in transporting hazardous ma- HMR may be subject to applicable terial. standards and regulations of other Fed- (iv) A non-Federal designation, limieral agencies. tation or requirement on highway (f) Requirements of state and local govroutes over which hazardous material ernment agencies. (1) Under 49 U.S.C. may or may not be transported does 5125, a requirement of a state, political not comply with the regulations in subdivision of a state, or an Indian subparts C and D of part 397 of this tribe is preempted, unless otherwise title; or authorized by another Federal statute (v) A fee related to the transporor DOT issues a waiver of preemption, tation of a hazardous material is not iffair or is used for a purpose that is not (i) Complying with both the non-Fedrelated to transporting hazardous maeral requirement and Federal hazterial, including enforcement and planardous materials transportation law, ning, developing, and maintaining a cathe regulations issued under Federal pability for emergency response. hazardous material transportation law (2) Subject to the limitations in paraor a hazardous material transportation graph (f)(1) of this section, each facilsecurity regulation or directive issued ity at which functions regulated under by the Secretary of Homeland Security the HMR are performed may be subject is not possible; to applicable laws and regulations of (ii) The non-Federal requirement, as state and local governments and Indian applied or enforced, is an obstacle to tribes. accomplishing and carrying out Fed- (3) The procedures for DOT to make eral hazardous materials transporadministrative determinations of pretation law, the regulations issued emption are set forth in subpart E of under Federal hazardous material part 397 of this title with respect to transportation law, or a hazardous manon-Federal requirements on highway terial transportation security regularouting (paragraph (f)(1)(iv) of this section or directive issued by the Section) and in subpart C of part 107 of retary of Homeland Security; this chapter with respect to all other (iii) The non-Federal requirement is non-Federal requirements. not substantively the same as a provi- (g) Penalties for noncompliance. Each sion of Federal hazardous materials person who knowingly violates a retransportation law, the regulations quirement of the Federal hazardous issued under Federal hazardous matematerial transportation law, an order rial transportation law, or a hazardous issued under Federal hazardous matematerial transportation security regurial transportation law, subchapter A 79 § 171.2 49 CFR Ch. I (10-1-06 Edition) of this chapter, or a special permit or tation function that it performs or is approval issued under subchapter A or required to perform; however, each of- C of this chapter is liable for a civil feror is responsible only for the specific penalty of not more than $50,000 and pre-transportation functions that it not less than $250 for each violation, performs or is required to perform, and except the maximum civil penalty is each offeror may rely on information $100,000 if the violation results in provided by another offeror, unless death, serious Illness or severe injury that offeror knows or, a reasonable perto any person or substantial destrucson, acting in the circumstances and tion of property, and a minimum $450 exercising reasonable care, would have civil penalty applies to a violation reknowledge that the information prolating to training. When a violation is vided by the other offeror is incorrect. a continuing one and involves trans- (c) Each person who performs a funcporting of hazardous material or caustion covered by or having an effect on ing them to be transported, each day of a specification or activity prescribed in the violation is a separate offense. part 178, 179. or 180 of this subchapter, Each person who knowingly violates an approval issued under this sub- $171.2(1) or willfully or recklessly viochapter, or an exemption or special lates a provision of the Federal hazpermit issued under subchapter A of ardous material transportation law, an this chapter, must perform the funcorder issued under Federal hazardous tion in accordance with that specificamaterial transportation law, subtion, approval, an exemption or special chapter A of this chapter, or a special permit, as appropriate. permit or approval issued under sub- (d) No person may offer or accept a chapter A or C of this chapter, shall be hazardous material for transportation fined under title 18, United States in commerce or transport a hazardous Code, or imprisoned for not more than material in commerce unless that per- 5 years, or both, except the maximum son is registered in conformance with amount of imprisonment shall be 10 subpart G of part 107 of this chapter, if years in any case in which a violation applicable. involves the release of a hazardous ma- (e) No person may offer or accept a terial which results in death or bodily hazardous material for transportation injury to any person. in commerce unless the hazardous ma- [68 FR 61937, Oct. 30, 2003; 70 FR 20031, Apr. terial is properly classed, described, 15, 2005. as amended at 70 FR 73162, Dec. 9, packaged, marked, labeled, and in con- 2005; 71 FR 8488, Feb. 17, 2006; 71 FR 44931, dition for shipment as required or au- Aug. 8, 2006] thorized by applicable requirements of this subchapter or an exemption or spe- § 171.2 General requirements. cial permit, approval, or registration (a) Each person who performs a funcissued under this subchapter or subtion covered by this subchapter must chapter A of this chapter. perform that function in accordance (f) No person may transport a hazwith this subchapter. ardous material in commerce unless (b) Each person who offers a hazthe hazardous material is transported ardous material for transportation in in accordance with applicable requirecommerce must comply with all appliments of this subchapter, or an exempcable requirements of this subchapter, tion or special permit, approval, or regor an exemption or special permit, apistration issued under this subchapter proval, or registration issued under or subchapter A of this chapter. Each this subchapter or under subchapter A carrier who transports a hazardous maof this chapter. There may be more terial in commerce may rely on inforthan one offeror of a shipment of hazmation provided by the offeror of the ardous materials. Each offeror is rehazardous material or a prior carrier, sponsible for complying with the reunless the carrier knows or, a reasonquirements of this subchapter, or an able person, acting in the cirexemption or special permit, approval, cumstances and exercising reasonable or registration issued under this subcare, would have knowledge that the chapter or subchapter A of this chapinformation provided by the offeror or ter, with respect to any pre-transporprior carrier is incorrect. 80 Pipeline and Hazardous Materials Safety Admin., DOT § 171.2 (g) No person may represent, mark, under this subchapter or subchapter A certify, sell, or offer a packaging or of this chapter. Each person who offers container as meeting the requirements a package containing a hazardous maof this subchapter governing its use in terial for transportation in commerce the transportation of a hazardous main accordance with the requirements of terial in commerce unless the packthis subchapter or an exemption or speaging or container is manufactured, cial permit, approval, or registration fabricated, marked, maintained, reconissued under this subchapter or subditioned, repaired, and retested in acchapter A of this chapter, must assure cordance with the applicable requirethat the package remains in condition ments of this subchapter. No person for shipment until it is in the possesmay represent, mark, certify, sell, or sion of the carrier. offer a packaging or container as meet- (j) No person may, by marking or ing the requirements of an exemption, otherwise, represent that a container a special permit, approval, or registraor package for transportation of a haztion issued under this subchapter or ardous material is safe, certified, or in subchapter A of this chapter unless the compliance with the requirements of packaging or container is manufacthis chapter unless it meets the retured, fabricated, marked, maintained, quirements of all applicable regulareconditioned, repaired, and retested in tions issued under Federal hazardous accordance with the applicable requirematerial transportation law. ments of the exemption, special per- (k) No person may, by marking or mit, approval, or registration issued otherwise, represent that a hazardous under this subchapter or subchapter A material is present in a package, conof this chapter. The requirements of tainer, motor vehicle, rail car, aircraft, this paragraph apply whether or not or vessel if the hazardous material is the packaging or container is used or not present. to be used for the transportation of a (1) No person may alter, remove, dehazardous material. face, destroy, or otherwise unlawfully (h) The representations, markings, tamper with any marking, label, and certifications subject to the prohiplacard, or description on a document bitions of paragraph (g) of this section required by Federal hazardous material include: transportation law or the regulations (1) Specification identifications that issued under Federal hazardous mateinclude the letters "ICC", "DOT", rial transportation law. No person may "CTC", "MC", or "UN"; alter, deface, destroy, or otherwise un- (2) Exemption, special permit, aplawfully tamper with a package, conproval, and registration numbers that tainer, motor vehicle, rail car, aircraft, include the letters "DOT". "EX", "M", or vessel used for the transportation of or "R"; and hazardous materials. (3) Test dates associated with speci- (m) No person may falsify or alter an fication, registration, approval, retest, exemption or special permit, approval, exemption, or special permit markings registration, or other grant of authorindicating compliance with a test or ity issued under this subchapter or subretest requirement of the HMR, or an chapter A of this chapter. No person exemption, special permit, approval, or may offer a hazardous material for registration issued under the HMR or transportation or transport a hazunder subchapter A of this chapter. ardous material in commerce under an (i) No person may certify that a hazexemption or special permit, approval. ardous material is offered for transporregistration or other grant of authortation in commerce in accordance with ity issued under this subchapter or subthe requirements of this subchapter chapter A of this chapter if such grant unless the hazardous material is propof authority has been altered without erly classed, described, packaged, the consent of the Issuing authority. marked, labeled, and in condition for No person may represent. mark, cershipment as required or authorized by tify, or sell a packaging or container applicable requirements of this subunder an exemption or special permit, chapter or an exemption or special perapproval, registration or other grant of mit, approval, or registration issued authority issued under this subchapter 81 § 171.3 49 CFR Ch. I (10-1-06 Edition) or subchapter A of this chapter if such NOTE 1: EPA requires shippers (generators) grant of authority has been altered and carriers (transporters) of hazardous without the consent of the issuing auwastes to have identification numbers which thority. must be displayed on hazardous waste manifests. See 40 CFR parts 262 and 263. (Identi- [68 FR 61937, Oct. 30, 2003, as amended at 70 fication number application forms may be FR 43643, July 28, 2005; 70 FR 73162, Dec. 9. obtained from EPA regional offices.) 2005] NOTE 2: In 40 CFR part 263, the EPA sets forth requirements for the cleanup of re- $ 171.3 Hazardous waste. leases of hazardous wastes. (a) No person may offer for transpor- [Amdt. 171-53, 45 FR 34586, May 22, 1980, as tation or transport a hazardous waste amended by Amdt. 171-53, 45 FR 74648, Nov. (as defined in $171.8 of this subchapter) 10. 1980: Amdt. 171-78, 49 FR 10510, Mar. 20. 1984; Amdt. 171-107, 54 FR 40068, Sept. 29, 1989; in interstate or intrastate commerce Amdt. 171-111, 55 FR 52466, Dec. 21, 1990; 56 except in accordance with the require- FR 66157, Dec. 20. 1991; Amdt. 171-2, 59 FR ments of this subchapter. 49132, Sept. 26, 1994; Amdt. 171-141, 61 FR (b) No person may accept for trans- 21102, May 9, 1996] portation, transport, or deliver a hazardous waste for which a manifest is § 171.4 Marine pollutants. required unless that person: (a) Except as provided in paragraph (1) Has marked each motor vehicle (c) of this section, no person may offer used to transport hazardous waste in for transportation or transport a maaccordance with $390.21 or $ 1058.2 of rine pollutant, as defined in $171.8, in this title even though placards may intrastate or interstate commerce exnot be required; cept in accordance with the require- (2) Complies with the requirements ments of this subchapter. for manifests set forth in § 172.205 of (b) The requirements of this subthis subchapter; and chapter for the transportation of ma- (3) Delivers, as designated on the rine pollutants are based on the provimanifest by the generator, the entire sions of Annex III of the 1973 Interquantity of the waste received from the national Convention for Prevention of generator or a transporter to: Pollution from Ships, as modified by (i) The designated facility or, if not the Protocol of 1978 (MARPOL 73/78). possible, to the designated alternate fa- (c) Exceptions. Except when transcility; ported aboard vessel, the requirements (ii) The designated subsequent carof this subchapter specific to marine rier; or pollutants do not apply to non-bulk (iii) A designated place outside the packagings transported by motor vehi- United States. cles, rail cars or aircraft. NOTE: Federal law specifies penalties up to [Amdt. 171-116, 57 FR 52934. Nov. 5, 1993, as $250,000 fine for an individual and $500,000 for amended by Amdt. 107-39, 61 FR 51337, Oct. 1. a company and 5 years imprisonment for the 1996] willful discharge of hazardous waste at other than designated facilities. 49 U.S.C. 5124. § 171.6 Control numbers under the Pa- (c) If a discharge of hazardous waste perwork Reduction Act. or other hazardous material occurs (a) Purpose and scope. This section during transportation, and an official collects and displays the control numof a State or local government or a bers assigned to the HMR collections of Federal agency, acting within the information by the Office of Managescope of his official responsibilities, dement and Budget (OMB) under the Patermines that immediate removal of perwork Reduction Act of 1995. This the waste is necessary to prevent fursection complies with the requirements ther consequence, that official may auof 5 CFR 1320.7(f). 1320.12, 1320.13 and thorize the removal of the waste with- 1320.14 (OMB regulations implementing out the preparation of a manifest. the Paperwork Reduction Act of 1995) [NOTE: In such cases, EPA does not refor the display of control numbers asquire carriers to have EPA identificasigned by OMB to collections of infortion numbers.] mation of the HMR. 82 Pipeline and Hazardous Materials Safety Admin., DOT § 171.6 (b) OMB control numbers. The table in tions of information. Column 2 conparagraph (b)(2) of this section sets tains the Report Title of the approved forth the control numbers assigned to collection of information. Column 3 collection of information in the HMR lists the part(s) or section(s) in 49 CFR by the Office of Management and Budgidentified or described in the collection et (OMB) under the Paperwork Reducof information. tion Act of 1995. (2) Table. (1) Column 1 lists the OMB control number assigned to the HMR collec- Current OMB Title Title 49 CFR part or section where identified control No. and described 2137-0014 Cargo Tank Specification Requirements §§ 107.503, 107.504, 178.320, 178.337, 178.338, 178.345. 180.407, 180.409, 180.413, 180.417. 2137-0018 Inspection and Testing of Portable Tanks and $§ 173.24, 173.32, 178.3, 178.255, 178.273, Intermediate Bulk Containers. 178.274, 178.703, 178.801, 180.352, 180.605. 2137-0022 Testing, Inspection, and Marking Requirements §§ 173.302a, 173.303, 173.304, 173.309, 178.2, for Cylinders. 178.3. 178.35, 178.44, 178.45, 178.46, 178.57, 178.59, 178.60, 178.61, 178.68, 180.205, 180.209, 180.211, 180.213. 180.215, Appendix C to Part 180. 2137-0034 Hazardous Materials Shipping Papers and §§ 172.200, 172.201, 172.202, 172.203, Emergency Response information. 172.204, 172.505, 172.600, 172.602, 172.604, 172.606, 173.6, 173.7, 173.22, 173.56, 174.24, 174.26, 174.114, 175.30, 175.31, 175.33, 176.24, 176.27, 176.30, 176.36, 176.89, 177.817. 2137-0039 Hazardous Materials Incidents Reports §§ 171.15, 171.16, 171.21. 2137-0051 Rulemaking and Special Permit Petitions §§ 105.30, 105.40, 106.95, 106.110, 107.105, 107.107, 107.109, 107.113, 107.117, 107.121, 107.123, 107.125, 107.205, 107.211, 107.215, 107.217, 107.219, 107.221, 107.223. 2137-0510 RAM Transportation Requirements Part 173, Subpart I, $ 173.22, 173.411, 173.415, 173.416, 173.417, 173.457, 173.471, 173.472, 173.473, 173.476. 2137-0542 Flammable Cryogenic Liquids §§ 173.318, 177.816, 177.840, 180.405. 2137-0557 Approvals for Hazardous Materials §§ 107.402, 107.403, 107.405. 107.502, 107.503, 107.705, 107.713, 107.715, 107.717, 107.803, 107.805, 107.807, 110.30, 172.101, 172.102, Special Provisions 19, 26, 53, 55, 60, 105, 118, 121, 125, 129, 131, 133, 136, 845, B55, B61, B69, B77, B81, N10, N72, 173.2a, 173.4, 173.7, 173.21, 173.22, 173.24, 173.31, 173.38, 173.51, 173.56, 173.58, 173.59, 173.124, 173.128, 173.159, 173.166, 173.171, 173.214, 173.222, 173.224, 173.225, 173.245, 173.301, 173.305, 173.306, 173.314, 173.315, 173.316, 173.318, 173.334, 173.340, 173.411, 173.433, 173.457, 173.471, 173.472, 173.476, 174.50, 174.63, 175.8, 175.65, 175.701, 175.703, 176.168, 176.340, 176.704, 178.3, 178.35, 178.47, 178.53, 178.270-3, 178.270-13, 178.273. 178.274, 178.503, 178.509. 178.605, 178,606, 178.608, 178.801, 178.813, 180.213. 83 § 171.7 49 CFR Ch. I (10-1-06 Edition) Current OMB Title 49 CFR part or section where identified Title control No. and described 2137-0559 (Rail Carriers and Tank Car Tank Require- §§ 172.102, Special provisions: B45, B46, B55, ments) Requirements for Rail Tank Car 861, B69, B77, B78, B81; 173.10, 173.31, Tanks-Transportation of Hazardous Mate- 174.20, 174.50, 174.63. 174.104, 174.114, rials by Rail. 174.204, 179.3, 179.4, 179.5, 179.6, 179.7, 179.11, 179.18, 179.22. 179.100-9, 179.100- 12, 179.100-13, 179.100-16, 179.100-17, 179.102-4, 179.102-17, 179.103-1, 179.103- 2. 179.103-3, 179.103-5, 179.200-10, 179.200-14, 179.200-15, 179.200-16, 179.200-17, 179.200-19. 179.201-3, 179.201-8, 179.201-9, 179.220-4, 179.220- 7, 179.220-8, 179.220-13, 179.220-15, 179.220-17, 179.220-18, 179.220-20, 179.220-22, 179,300-3. 179.300-7, 179.300- 9, 179.300-12, 179.300-13. 179.300-15, 179.300-20, 179.400-3, 179.400-4, 179.400- 11, 179.400-13, 179.400-16, 179.400-17, 179.400-19, 179.400-20, 179.500-5, 179.500-8, 179.500-12, 179.500-18, 180.505, 180.509, 180.515, 180.517. 2137-0572 Testing Requirements for Non-Bulk Packaging §§ 178.2, 178.601. 2137-0582 Container Certification Statement §§ 176.27, 176.172. 2137-0586 Hazardous Materials Public Sector Training and Part 110. Planning Grants. 2137-0591 Response Plans for Shipments of Oil Part 130. 2137-0595 Cargo Tank Motor Vehicles in Liquefied Com- §§ 173.315, 178.337-8, 178.337-9, 180.405, pressed Gas Service. 180.416. 2137-0612 Hazardous Materials Security Plans Part 172, Subpart I, §§ 172.800, 172.802, 172.804. 2137-0613 Subsidiary Hazard Class and Number/Type of §§ 172.202. 172.203 Packagings. 2137-0620 Inspection and Testing of Meter Provers Part 173, Subpart A, $ 173.5a. 2137-0621 Requirements for United Nations (UN) Cylinders §§ 173.301, 173.304, 173.304b, 178.69, 178.70, 178.74, 178.75, 180.207, 180.209, 180.212, 180.215, 180.217. [Amdt. 171-111, 56 FR 66157, Dec. 20, 1991. as amended at 57 FR 1877, Jan. 16, 1992; Amdt. 171- 121, 58 FR 51527, Oct. 1, 1993; Amdt. 171-137, 61 FR 33254, June 26, 1996; 62 FR 51558, Oct. 1, 1997; 64 FR 51915, Sept. 27, 1999; 64 FR 61220, Nov. 10, 1999; 65 FR 58619, Sept. 29. 2000; 67 FR 61012, Sept. 27, 2002; 67 FR 51640, Aug. 8, 2002; 68 FR 31628, May 28, 2003; 68 FR 45010, July 31, 2003; 69 FR 54045. Sept. 7. 2004; 70 FR 33379, June 8, 2005; 70 FR 56090, Sept. 23, 2005; 70 FR 73163, Dec. 9, 2005; 71 FR 54391, Sept. 14, 2006] § 171.7 Reference material. REGISTER. Matters referenced by footnote are included as part of the regula- (a) Matter incorporated by referencetions of this subchapter. (1) General. There is incorporated, by (2) Accessibility of materials. All incorreference in parts 170-189 of this subporated matter is available for inspecchapter, matter referred to that is not tion at: specifically set forth. This matter is (i) The Office of Hazardous Materials hereby made a part of the regulations Safety, Office of Hazardous Materials in parts 170-189 of this subchapter. The Standards, Room 8422. NASSIF Buildmatter subject to change is incoring, 400 7th Street, SW., Washington, porated only as it is in effect on the DC 20590; and date of issuance of the regulation refer- (ii) The National Archives and ring to that matter. The material list- Records Administration (NARA). For ed in paragraph (a)(3) has been apinformation on the availability of this proved for incorporation by reference material at NARA, call 202-741-6030. or by the Director of the Federal Register go to: http://www.archives.gov/ in accordance with 5 U.S.C 552(a) and 1 federal register/ CFR part 51. Material is incorporated code of federal regulations/ as it exists on the date of the approval ibr locations.html. and a notice of any change in the mate- (3) Table of material incorporated by rial will be published in the FEDERAL reference. The following table sets forth 84 Pipeline and Hazardous Materials Safety Admin., DOT § 171.7 material incorporated by reference. lists the section(s) of this subchapter, The first column lists the name and adother than $171.7, in which the matter dress of the organization from which is referenced. The second column is the material is available and the name presented for information only and of the material. The second column may not be all inclusive. Source and name of material 49 CFR reference Air Transport Association of America, 1301 Pennsylvania Avenue, N.W., Washington, DC 20004-1707: ATA Specification No. 300 Packaging of Airline Supplies, Revision 19, July 31, 1996 172.102. The Aluminum Association, 420 Lexington Avenue, New York, NY 10017: Aluminum Standards and Data, Seventh Edition, June 1982 172.102; 178.65. American National Standards Institute, Inc., 25 West 43rd Street, New York, NY 10036: ANSWASHRAE 15-94, Safety Code for Mechanical Refrigeration 173.306; 173.307. ANSI B16.5-77, Steel Pipe Flanges, Flanged Fittings 178.360-4. ANSI N14.1 Uranium Hexafluorkle-Packaging for Transport, 1971, 1982, 1987. 1990, 1995 and 173.417; 173.420. 2001 Editions. American Petroleum institute, 1220 L Street, NW, Washington, D.C. 20005-4070: API Recommended Practice Closures of Underground Petroleum Storage Tanks, 3rd Edition, 1604172.102. March 1996. American Pyrotechnics Association (APA), P.O. Box 213, Chestertown, MD 21620: APA Standard 87-1, Standard for Construction and Approval for Transportation of Fireworks, 173.56. Novelties, and Theatrical Pyrotechnics, December 1, 2001 version. American Society of Mechanical Engineers, ASME International, 22 Law Drive, P.O. Box 2900. Fairfield, NJ 07007-2900: 85 § 171.7 49 CFR Ch. I (10-1-06 Edition) Source and name of material 49 CFR reference ASME Code, Sections II (Parts A and B), V, VIII (Division 1). and IX of 1998 Edition of American 172.102; 173.24b; Society of Mechanical Engineers Boiler and Pressure Vessel Code. 173.32; 173.306; 173.315; 173.318; 173.420; 178.245- 1; 178.245-3; 178.245-4; 178.245-6; 178.245-7; 178.255-1; 178.255-2; 178.255-14; 178.255-15; 178.270-2; 178.270-3; 178.270-7; 178.270-9; 178.270-11; 178.270-12; 178.271-1; 178.272-1; 178.273; 178.274; 178.276; 178.277; 178.320; 178.337- 1; 178.337-2; 178.337-3; 178.337-4; 178.337-6; 178.337-16; 178.337-18; 178.338-1; 178.338-2: 178.338-3: 178.338-4; 178.338-5; 178.338-6; 178.338-13; 178.338-16; 178.338-18; 178.338-19; 178.345-1; 178.345-2; 178.345-3; 178.345-4; 178.345-7; 178.345-14; 178.345-15; 178.346-1; 178.347-1; 178.348-1; 179.400-3; 180.407. Pipeline Transportation Systems for Liquid Hydrocarbons and other Liquids, Chapters II, III, IV, 173.5a. V and VI, ASME B31.4-1998 Edition. American Society for Testing and Materials, 100 Bam Harbor Drive, West Conshohocken, PA 19428: Noncurrent ASTM Standards are available from: Engineering Societies Library, 354 East 47th Street, New York, NY 10017 ASTM A 20/A 20M-93a Standard Specification for General Requirements for Steel Plates for 178.337-2; Pressure Vessels. 179.102-4; 179.102-1; 179.102-17. ASTM A 47-68 Malleable Iron Castings 179.200-15. ASTM A 240/A 240M-99b Standard Specification for Heat-Resisting Chromium and Chromium- 178.57; 178.358-5; Nickel Stainless Steel Plate, Sheet and Strip for Pressure Vessels. 179.100-7; 179.100-10; 179.102-1; 179.102-4; 179.102-17; 179.200-7; 179.201-5; 179.220-7; 179.300-7; 179.400-5. ASTM A 242-81 Standard Specification for High-Strength Low-Alloy Structural Steel 178.338-2. 86 Pipeline and Hazardous Materials Safety Admin., DOT § 171.7 Source and name of material 49 CFR reference ASTM A 262-93a Standard Practices for Detecting Susceptibility to Intergranular Attack in Aus- 179.100-7; tenitic Stainless Steels. 179.200-7; 179.201-4. ASTM A 285-78 Pressure Vessel Plates, Carbon Steel, Low- and Intermediate-Tensile Strength 179.300-7. ASTM A 300-58 Steel Plates for Pressure Vessels for Service at Low Temperatures 178.337-2. ASTM A 302/A 302M-93 Standard Specification for Pressure Vessel Plates, Alloy Steel, Man- 179.100-7; ganese-Malybdenum and Manganese-Molybdenum Nickel. 179.200-7; 179.220-7. ASTM A 333-67 Seamless and Welded Steel Pipe for Low-Temperature Service 178.45. ASTM A 370-94 Standard Test 179.102-1; 179.102-4; Methods and Definitions for Mechanical 179.102-17. Testing of Steel Products. ASTM A 441-81 Standard Specification for High-Strength Low-Alloy Structural Manganese Va- 178.338-2. nadium Steel. ASTM A 514-81 Standard Specification for High-Yield Strength Quenched and Tempered Alloy 178.338-2. Steel Plate, Suitable for Welding. ASTM A 515/A 515M-03 Standard Specification for Pressure Vessel Plates, Carbon Steel, for 179.300-7. Intermediate- and Higher-Temperature Service. ASTM A 516/A 516M-90 Standard Specification for Pressure Vessel Plates, Carbon Steel, for 178.337-2; Moderate and Lower-Temperature Service. 179.100-7; 179.102-1; 179.102-2: 179.102-4; 179.102-17; 179.200-7; 179.220-7; 179.300-7. ASTM A 537/A 537M-91 Standard Specification for Pressure Vessel Plates, Heat-Treated, Car- 179.100-7; bon-Manganese-Siicon Steel. 179.102-4; 179.102-17. ASTM A 572-82 Standard Specification for High-Strength Low-Alloy Columbian-Vanadium 178.338-2. Steels of Structural Quality. ASTM A 588-81 Standard Specification for High-Strength Low-Alloy Structural Steel with 50 Ksi 178.338-2. Minimum Yield Point to 4 in. Thick. ASTM A 606-75 Standard Specification for Steel Sheet and Strip Hot- Rolled and Cold-Rolled, 178.338-2. High-Strength, Low-Alloy, with Improved Atmospheric Corrosion Resistance, 1975 (Reapproved 1981). ASTM A 607-98 Standard Specification for Steel, Sheet and Strip, High-Strength, Low-Alloy, 178.338-2. Columbium or Vanadium, or Both, Hot-Rolled and Cold-Rolled. ASTM A 612-72a High Strength Steel Plates for Pressure Vessels for Moderate and Lower 178.337-2. Temperature Service. ASTM A 633-79a Standard Specification for Normalized High-Strength Low-Alloy Structural 178.338-2. Steel, 1979 Edition. ASTM A 715-81 Standard Specification for Steel Sheet and Strip, Hot-Rolled, High-Strength, 178.338-2. Low-Alloy with Improved Formability, 1981. ASTM A 1008/A 1008M-03 Standard Specification for Steel, Sheet, Cold-Rolled, Carbon, 178.338-2; Structural, High-Strength Low-Alloy and High Strength Low-Alloy with Improved Formability. 178.345-2 ASTM A 1011/A 1011M-03a Standard Specification for Steel, Sheet and Strip, Hot-Rolled, Car- 178.338-2; bon, Structural, High-Strength Low Alloy and High Strength Low-Alloy with Improved 178.345-2 Formability. ASTM B 162-93a Standard Specification for Nickel Plate, Sheet, and Strip 173.249; 179.200-7. ASTM B 209-93 Standard Specification for Aluminum and Aluminum-Alloy Sheet and Plate 179.100-7; 179.200-7; 179.220-7. ASTM B 221-76 Aluminum Alloy Extruded Bars, Rods, Shapes, and Tubes 178.46. ASTM B 557-84 Tension Testing Wrought and Cast Aluminum and Magnesium-Alloy Products 178.46. ASTM B 580-79 Standard Specification for Anodic Oxide Coatings on Aluminum, (Re-approved 173.316; 173.318; 2000). 178.338-17. ASTM 0 1238-90b Standard Test Method for Flow Rates of Thermoplastics for Extrusion Plas- 173.225. tometer. ASTM D 1709-01 Standard Text Methods for Impact Resistance of Plastic Film by the Free-Fall- 173.197. ing Dart Method. ASTM D 1835-97 Standard Specification for Liquefied Petroleum (LP) Gases 180.209. ASTM D 1838-64 Copper Strip Corrosion by Liquefied Petroleum (LP) Gases 173.315. ASTM D 1922-00a Standard Test Method for Propogation Tear Resistance of Plastic Film and 173.197. Thin Sheeting by Pendulum Method. ASTM D 4206-96 Standard Test Method for Sustained Burning of Liquid Mixtures Using the 173.120. Small Scale Open-Cup Apparatus. ASTM 0 4359-90 Standard Test Method for Determining Whether a Material is a Liquid or a 171.8. Solid. 87 § 171.7 49 CFR Ch. I (10-1-06 Edition) Source and name of material 49 CFR reference ASTM E 8-99 Standard Test Methods for Tension Testing of Metallic Materials 178.36; 178.37; 178.38; 178.39; 178.44; 178.45; 178.50; 178.51; 178.53; 178.55; 178.56; 178.57; 178.58; 178.59; 178.60; 178.61; 178.68. ASTM E 23-98 Standard Test Methods for Notched Bar Impact Testing of Metallic Materials 178.57. ASTM E 112-88 Standard Test Methods for Determining Average Grain Size 178.44. ASTM E 112-96 Standard Test Methods for Determining Average Grain Size, 1996 Edition 178.274; Part 178, appendix A. ASTM E 114-95 Standard Practice for Ultrasonic Pulse-Echo Straight-Beam Examination by the 178.45. Contact Method. ASTM E 213-98 Standard Practice for Ultrasonic Examination of Metal Pipe and Tubing 178.45. American Water Works Association, 1010 Vermont Avenue, N.W., Suite 810, Washington, DC 20005: AWWA Standard C207-55, Steel Pipe Flanges, 1955 178.360-4. American Welding Society, 550 N.W. Le Jeune Road, Miami, Florida 33126: AWS Code B 3.0; Standard Qualification Procedure: 1972 (FRB 3.0-41, rev. May 1973) 178.356-2, 178.358-2. AWS Code D 1.0; Code for Welding in Building Construction (FR D 1.0-66, 1966) 178.356-2; 178.358-2. Association of American Railroads, American Railroads Building, 50 F Street, NW., Washington, DC 20001: AAR Manual of Standards and Recommended Practices, Section C-Part III, Specifications for 173.31; 174.63; Tank Cars, Specification M-1002, (AAR Specifications for Tank Cars), December 2000. 179.6; 179.7; 179.15; 179.16; 179.20; 179.22; 179.100-9; 179.100-10; 179.100-12; 179.100-13; 179.100-14; 179.100-18; 179.101-1; 179.102-1; 179.102-4; 179.102-17; 179.103-5; 179.200-7; 179.200-9; 179.200-10; 179.200-11; 179.200-13; 179.200-17; 179.200-22; 179.201-6; 179.220-6; 179.220-7; 179.220-10; 179.220-11; 179.220-14; 179.220-18; 179.220-26; 179.300-9; 179.300-10; 179.300-15; 179.300-17; 179.400-5: 179.400-6; 179.400-8; 179.400-11; 179.400-12; 179.400-15; 179.400-18; 179.400-20; 179.400-25; 180.509; 180.513; 180.515; 180.517. AAR Manual of Standards and Recommended Practices, Section I, Specially Equipped Freight 174.55; 174.63. Car and Intermodal Equipment, 1988. AAR Specifications for Design, Fabrication and Construction of Freight Cars, Volume 1, 1988 179.16. Chlorine Institute, Inc., 1300 Wilson Boulevard, Artington, VA 22209 88 Pipeline and Hazardous Materials Safety Admin., DOT § 171.7 Source and name of material 49 CFR reference Chlorine Institute Emergency Kit "A" for 100-lb. & 150 lb. Chlorine Cylinders (with the exception 173.3 of repair method using Device 8 for side leaks), Edition 10, June 2003. Chiorine Institute Emergency Kit "B" for Chlorine Ton Containers (with the exception of repair 173.3 method using Device 9 for side leaks). Edition 9, June 2003. Type 1½ JQ 225, Dwg., H51970, Revision D, April 5, 1989; or Type 1½ JQ 225, Dwg. H50155, 173.315. Revision F, April 4, 1989. Section 3, Pamphlet 57, Emergency Shut-Off Systems for Bulk Transfer of Chlorine, 3rd Edition, 177.840. October 1997. Standard Chlorine Angle Valve Assembly, Dwg. 104-8, July 1993 178.337-9. Excess Flow Valve with Removable Seat, Dwg. 101-7, July 1993 178.337-8. Excess Flow Valve with Removable Basket, Dwg. 106-6, July 1993 178.337-8. Standards for Housing and Manway Covers for Steel Cargo Tanks, Dwgs. 137-1 and 137-2, 178.337-10. September 1, 1982. Compressed Gas Association, Inc., 4221 Walney Road, 5th Floor, Chantilly, Virginia 20151: CGA Pamphiet C-3, Standards for Welding on Thin-Walled Steel Cylinders, 1994 178.47; 178.50; 178.51; 178.53; 178.55; 178.56; 178.57; 178.58; 178.59; 178.60; 178.61; 178.65; 178.68; 180.211. CGA Pamphiet C-5, Cylinder Service Life-Seamless Steel High Pressure Cylinders, 1991 173.302a. CGA Pamphlet C-6, Standards for Visual Inspection of Steel Compressed Gas Cylinders, 1993 173.3, 173.198, 180.205, 180.209, 180.211, 180.411, 180.519. CGA Pamphiet C-6.1, Standards for Visual Inspection of High Pressure Aluminum Compressed 180.205; 180.209 Gas Cylinders, 2002, Fourth Edition. CGA Pamphiet C-6.2, Guidelines for Visual Inspection and Requalification of Fiber Reinforced 180.205. High Pressure Cylinders, 1996, Third Edition. CGA Pamphiet C-6.3, Guidelines for Visual Inspection and Requalification of Low Pressure Alu- 180.205; 180.209. minum Compressed Gas Cylinders, 1991. CGA Pamphiet C-7, A Guide for the Preparation of Precautionary Markings for Compressed 172.400a. Gas Containers, appendix A, issued 1992 (6th Edition). CGA Pamphlet C-8, Standard for Requalification of DOT-3HT Cylinder Design, 1985 180.205; 180.209. CGA Pamphiet C-11, Recommended Practices for Inspection of Compressed Gas Cylinders at 178.35. Time of Manufacture, 2001, Third Edition. CGA Pamphiet C-12, Qualification Procedure for Acetylene Cylinder Design, 1994 173.301; 173.303; 178.59; 178.60. CGA Pamphlet C-13, Guidelines for Periodic Visual Inspection and Requalification of Acetylene 173.303; 180.205; Cylinders, 2000, Fourth Edition. 180.209. CGA Pamphiet C-14, Procedures for Fire Testing of DOT Cylinder Pressure Relief Device Sys- 173.301; 173.323. terms, 1979. CGA Pamphiet G-2.2 Tentative Standard Method for Determining Minimum of 0.2% Water in 173.315. Anhydrous Ammonia, 1985. CGA Pamphiet G-4.1, Cleaning Equipment for Oxygen Service, 1985 178.338-15. CGA Pamphiet P-20, Standard for the Classification of Toxic Gas Mixtures, 1995 173.115. CGA Pamphlet S-1.1, Pressure Relief Device Standards-Part 1-Cylinders for Compressed 173.301; 173.304a. Gases, 2001 (with the exception of paragraph 9.1.1.1), Ninth Edition. CGA Pamphiel S-1.1, Pressure Relief Device Standards-Part 1-Cylinders for Compressed 173.301, 178.75. Gases, 2003 (with the exception of paragraph 9.1.1.1), Eleventh Edition. CGA Pamphiet S-1.2, Safety Relief Device Standards Part 2-Cargo and Portable Tanks for 173.315; 173.318; Compressed Gases, 1980. 178.276; 178.277. CGA Pamphiet S-7, Method for Selecting Pressure Relief Devices for Compressed Gas Mix- 173.301. tures In Cylinders, 1996. CGA Technical Bulletin TB-2, Guidelines for Inspection and Repair of MC-330 and MC-331 180.407; 180.413. Cargo Tanks, 1980. Department of Defense (DOD), 2461 Eisenhower Avenue, Alexandria, VA 22331: DOD TB 700-2; NAVSEAINST 8020.8B; AFTO 11A-1-47; DLAR 8220.1: Explosives Hazard 173.56. Classification Procedures, January 1998. Packaging of Hazardous Material, DLAD 4145.41/ AR 700-143/AFJI 24-210/NAVSUPINST 173.7 4030.55B/MCO 4030.40B, January 14, 2000. Department of Energy (USDOE), 100 Independence Avenue SW., Washington, DC 20545: USDOE publications available from: Superintendent of Documents, Government Printing Office (GPO) or The National Technical Information Service (NTIS). USDOE, CAPE-1662, Revision 1, and Supplement 1, Civilian Application Program Engineering 178.356-1; Drawings, April 6, 1988. 178.356-2; 178.358-1; 178.358-2; 178.358-3; 178.358-4. USDOE, Material and Equipment Specification No. SP-9, Rev. 1, and Supplement-Fire Resist- 178.356-2; ant Phenolic Foam, March 28, 1968. 178.358-2. 89 § 171.7 49 CFR Ch. I (10-1-06 Edition) Source and name of material 49 CFR reference USDOE, KSS-471, November 30, 1986-Proposal for Modifications to U.S. Department of 178.358-1; Transportation Specification 21PF-1, Fire and Shock Resistant Phenolic Foam-Insulated 178.358-3. Metal Overpack. General Services Administration, Specification Office, Room 6662, 7th and 0 Street, S.W., Washington, DC 20407: Federal Specification RR-C-901D, Cylinders, Compressed Gas: Seamless Shatterproof, High 173.302; 173.336; Pressure DOT 3AA Steel, and 3AL Aluminum, February 21, 2003 (Superseding RR-C-901C, 173.337. 1981). Institute of Makers of Explosives, 1120 19th Street NW., Suite 310, Washington, DC 20036-3605: IME Safety Library Publication No. 22 (IME Standard 22), Recommendation for the Safe Trans- 173.63; 177.835. portation of Detonators in a Vehicle with Certain Other Explosive Materials, May 1993. International Atomic Energy Agency (IAEA), P.O. Box 100, Wagramer Strasse 5, A-1400 Vienna, Austria: Also available from: Bernan Associates, 4611-F Assembly Drive, Lanham, MD 20706-4391, USA; or Renouf Publishing Company, Ltd., 812 Proctor Avenue, Ogdensburg, New York 13669, USA. IAEA, Regulations for the Safe Transport of Radloactive Material, 1996 Edition (Revised), No. 171.12, 173.415, TS-R-1 (ST-1, Revised). 173.416, 173.417, 173.473 International Civil Aviation Organization (ICAO), P.O. Box 400, Place de l'Aviation Internationale, 1000 Sherbrooke Street West, Montreal, Quebec, Canada H3A 2R2: ICAO Technical Instructions available from: INTEREG, International Regulations, Publishing and Distribution Organization, P.O. Box 60105, Chicago, IL 60660. Technical Instructions for the Safe Transport of Dangerous Goods by Air (ICAO Technical In- 171.8; 171.11; structions), 2005-2006 Edition. 172.202: 172.401; 172.512; 172.602; 173.320; 175.33: 178.3. International Marilime Organization (IMO), 4 Albert Embankment, London, SE17SR, United Kingdom or New York Nautical Instrument & Service Corporation, 140 West Broadway, New York, NY 10013: International Convention for the Safety of Life at Sea, (SOLAS) Amendments 2000, Chapter II- 176.63. 2/Regulation 19, 2001. International Maritime Dangerous Goods Code (IMDG Code), 2004 Edition, Incorporating 171.12; 172.202; Amendment 32-04 (English Edition), Volumes 1 and 2. 172.401; 172.502; 172.602; 173.21; 176.2; 176.5; 176.11; 176.27; 176.30; 178.3. International Organization for Standardization, Case Postale 56, CH-1211, Geneve 20, Switzerland; Also available from: ANSI 25 West 43rd Street, New York, NY 10036 ISO 82-74(E) Steels Tensile Testing 178.270-3. ISO 535-1991(E) Paper and board-Delermination of water absorptiveness-Cobb method 178.516; 178.707; 178.708. ISO 1496-1: 1990 (E)-Series 1 freight containers-Specification and testing, Part 1: General 173.411 cargo containers. Fifth Edition, (August 15. 1990). ISO 1496-3-Series 1 freight containers-Specification and testing-Part 3: Tank containers for 178.74; 178.75; liquids, gases and pressurized dry bulk, Fourth edition, March 1995, (E). 178.274. ISO 2431-1984(E) Standard Cup Method 173.121. ISO 2592-1973(E) Petroleum products-Determination of flash and fire points-Cleveland open 173.120. cup method. ISO 2919-1980(E) Sealed radioactive sources-Classification 173.469. ISO 3036-1975(E) Board-Determination of puncture resistance 178.708. ISO 3574-1986(E) Cold-reduced carbon steel sheet of commercial and drawing qualities 178.503; Part 178, appendix C. ISO 3807-2, Cylinders for acetylene-Basic requirements-Part 2: Cylinders with fusible plugs, 173.303; 178.71. First edition, March 2000, (E). ISO 4126-1 Safety valves-Part 1: General Requirements, December 15, 1991, First Edition 178.274. ISO 6406, Gas cylinders-Seamiess steel gas cylinders-Periodic inspection and testing, Sec- 180.207. and edition, February 2005, (E). ISO 6892 Metallic materials-Tensile testing, July 15, 1984, First Edition 178.274. ISO 7225, Gas cylinders-Precautionary labels, First edition, November 1994, (Corrected and 178.71. reprinted August 1995). (E). ISO 7866, Gas cylinders-Refillable seamless aluminum alloy gas cylinders-Design, construc- 178.71. tion and testing, First edition, June 1999, (E). ISO 8115 Cotton bales-Dimensions and density, 1986 Edition 172.102. ISO 9809-1: Gas cylinders-Refillable seamless steel gas cylinders-Design, construction and 178.71; 178.75. testing-Part 1: Quenched and tempered steel cylinders with tensile strength less than 1 100 MPa., First edition, June 1999, (E). ISO 9809-2: Gas cylinders-Refillable seamless steel gas cylinders-Design, construction and 178.71; 178.75. testing-Part 2: Quenched and tempered steel cylinders with tensile strength greater than or equal to 1 100 MPa., First edition, June 2000, (E). ISO 9809-3: Gas cylinders--Refillable seamless steel gas cylinders-Design, construction and 178.71; 178.75. testing-Part 3: Normalized steel cylinders, First edition, December 2000, (E). ISO 9978:1992(E)-Radiation protection-Sealed radioactive sources-Leakage test methods. 173.469. First Edition, (February 15, 1992). 90 Pipeline and Hazardous Materials Safety Admin., DOT § 171.7 Source and name of material 49 CFR reference ISO 10297, Gas cylinders-Refillable gas cylinder valves-Specification and type testing, First 173.301b, 178.71. edition, May 1999, (E). ISO 10461, Gas cylinders-Seamless aluminum-alloy gas cylinders-Periodic inspection and 180.207. testing, Second edition, February 2005, (E). ISO 10462, Gas cylinders-Transportable cylinders for dissolved acetytene-Periodic inspection 180.207. and maintenance, Second edition, February 2005, (E). ISO 11114-1, Transportable gas cylinders-Compatibility of cylinder and valve materials with 173.301b; 178.71. gas contents-Part 1: Metallic materials, First edition, October 1997, (E). ISO 11114-2, Transportable gas cylinders-Compatibility of cylinder and valve materials with 173.301b; 178.71. gas contents-Part 2: Non-metallic materials, First edition, December 2000, (E). ISO 11117, Gas cylinders-Valve protection caps and valve guards for industrial and medical 173.301b. gas cylinders-Design, construction and tests, First edition, August 1998, (E). ISO 11118, Gas cylinders-Non-refillabte metallic gas cylinders-Specification and test methods, 178.71. First edition, October 1999, (E). ISO 11119-1, Gas cylinders-Gas cylinders of composite construction-Specification and test 178.71. methods-Part 1: Hoop-wrapped composite gas cylinders, First edition, May 2002, (E). ISO 11119-2, Gas cylinders-Gas cylinders of composite construction-Specification and test 178.71. methods-Part 2: Fully wrapped fibre reinforced composite gas cylinders with load-sharing metal liners, First edition, May 2002, (E). ISO 11119-3, Gas cylinders of composite construction-Specification and test methods-Part 3: 178.71. Fully wrapped fibre reinforced composite gas cylinders with non-load-sharing metallic or nonmetallic liners, First edition, September 2002, (E). ISO 11120, Gas cylinders-Refillable seamless steel tubes of water capacity between 150 L and 178.71; 178.75. 3000 L-Design, construction and testing, First edition, March 1999, (E). ISO 11621, Gas cylinders-Procedures for change of gas service, First edition, April 1997, (E) 173.302, 173.336, 173.337. ISO 11623, Transportable gas cyllnders-Periodic inspection and testing of composite gas cyl- 180.207. inders, First edition, March 2002, (E). National Board of Boiler and Pressure Vessel Inspectors, 1055 Crupper Avenue, Columbus, Ohio 43229: National Board Inspection Code, A Manual for Boiler and Pressure Vessel Inspectors, NB-23, 180.413. 1992 Edition. National Fire Protection Association, Batterymarch Park, Quincy, MA 02269: NFPA 58-Liquefied Petroleum Gas Code, 2001 Edition 173.315. National Institute of Standards and Technology, Department of Commerce, 5285 Port Royal Road, Springfield, VA 22151: USDC, NBS Handbook H-28 (1957), 1957 Handbook of Screw-Thread Standards for Federal 179.2; 178.45; Services, December 1966 Edition. 178.46. Organization for Economic Cooperation and Development (OECD), OECD Publications and Information Center, 2001 L Street, N.W., Suite 700, Washington, DC 20036: OECD Guideline for Testing of Chemicals, No. 404 "Acute Dermal Imitation/Corrosion," 1992 173.137. Transport Canada, TDG Canadian Government Publishing Center, Supply and Services, Canada, Ottawa, Ontario, Canada K1A 059: Transportation of Dangerous Goods (TDG) Regulations, August 2001 including Clear Language 171.12a; 172.401; Amendments SOR/2001-286, Amendment 1 (SOR/2002-306) August 8, 2002; Amendment 2 172.502; 172.519; (SOR/2003-273) July 24, 2003; and Amendment 3 (SOR/2003-400) December 3, 2003. 172.602; 173.301. Truck Trailer Manufacturers Association, 1020 Princess Street, Alexandria, Virginia 22314: TTMA RP No. 61-98, Performance of manhole and/or Fill Opening Assemblies on MC 306, 180.405. DOT 406, Non-ASME MC 312 and Non-ASME DOT 412 Cargo Tanks, June 1, 1998. TTMA RP No. 81-97, Performance of Spring Loaded Pressure Relief Valves on MC 306, MC 178.345-10; 307, MC 312, DOT 406, DOT 407, and DOT 412 Tanks, July 1, 1997 Edition. 178.346-3. TTMA TB No. 107, Procedure for Testing In-Service Unmarked and/or Uncertified MC 306 and 180.405. Non-ASME MC 312 Type Cargo Tank Manhole Covers, June 1, 1998 Edition. United Nations, United Nations Sales Section, New York, NY 10017: UN Recommendations on the Transport of Dangerous Goods, Thirteenth Revised Edition 171.12; 172.202; (2003), Volumes I and II. 172.401; 172.502: 173.22; 173.24; 173.24b; 173.40; 173.192; 173.197; 173.302b; 173.304b; Part 173, appendix H; 178.75; 178.274; 178.801. UN Recommendations on the Transport of Dangerous Goods, Manual of Tests and Criteria, 172.102; 173.21; Fourth Revised Edition, (2003). 173.56; 173.57; 173.58; 173.115; 173.124; 173.125; 173.127; 173.128; 173.185. United States Enrichment Corporation, Inc. (USEC): USEC Inc., 6903 Rockledge Drive, Bethesda, MD 20817. USEC-651-Good Handling Practices for Uranlum Hexafluoride, Revision 8, January 1999 173.417 91 $ 171.8 49 CFR Ch. I (10-1-06 Edition) (b) List of Informational materials not by reference and are included for inforrequiring Incorporation by reference. The mational purposes. These materials materials listed in this paragraph do may be used as noted in those sections not require approval for incorporation in which the material is referenced. Source and name of material 49 CFR reference American Biological Safety Association 1202 Allanson Road, Mundelein, IL 80060 Risk Group Classification for Infectious Agents, 1998 173.134 American Institute of Chemical Engineers (AIChE), 3 Park Avenue New York, NY 10016-5991 Process Safety Progress Journal, Vol. 21, No. 2. Example of a Test Method for Venting Sizing: OPPSD/SPI Methodology Note to $173. 225(h)(3)(vi). American Society for Testing and Materials, 100 Barr Harbor Drive, West Conshohocken, PA 19428: Noncurrent ASTM Standards are available from: Engineering Societies Library, 354 East 47th Street, New York, NY 10017 ASTM E 380-89 Standards for Metric Practice 171.10 Association of American Railroads, American Railroads Building, 50 F Street, NW., Washington, DC 20001 AAR Catalog Nos. SE60CHT; SE60CC; SE60CHTE; SE60CE; SE60DC; SE60DE 179.14 AAR Catalog Nos. SE67CC; SE67CE; SE67BHT; SE67BC; SE678HTE; SE67BE 179.14 AAR Catalog Nos. SE688HT; SE68BC; SE68BHTE; SE688E 179.14 AAR Catalog Nos. SE69AHTE; SE69AE 179.14 AAR Catalog Nos. SF70CHT; SF70CC; SF70CHTE; SF70CE 179.14 AAR Catalog Nos. SF73AC; SF73AE; SF73AHT; SF73AHTE 179.14 AAR Catalog Nos. SF79CHT; SF79CC; SF79CHTE; SF79CE 179.14 Bureau of Explosives, Hazardous Materials Systems (BOE), Association of American Railroads, American Railroads Building, 50 F Street, NW., Washington, DC 20001 Fetterley's Formula (The Determination of the Relief Dimensions for Safety Valves on Containers in 173.315 which Liquefied gas is charged and when the exterior surface of the container is exposed to a temperature of 1,200 °F.). Pamphlet 6, illustrating Methods for Loading and Bracing Carload and Less-Than-Carload Shipments of 174.55; 174.101; Explosives and Other Dangerous Articles, 1962. 174.112; 174.115; 174.290 Pamphiet 6A (includes appendix No. 1, October 1944 and appendix 2, December 1945), Illustrating Meth- 174.101; 174.290 ods for Loading and Bracing Carload and Less-Than-Carload Shipments of Loaded Projectiles, Loaded Bombs, etc., 1943. Pamphiet 6C, Illustrating Methods for Loading and Bracing Trailers and Less-Than-Trailer Shipments of 174.55; 174.63; Explosives and Other Dangerous Articles Via Trailer-on-Flatcar (TOFC) or Container-on-Flatcar 174.101; 174.112; (COFC), 1985. 174.115 Emergency Handling of Hazardous Materials In Surface Transportation, 1989 171.7 Centers for Disease Control and Prevention 1600 Clifton Road, Atlanta, GA 30333 Biosafety in Microbiological and Biomedical Laboratories, Fourth Edition, April 1999 173.134 National Institutes of Health Bethesda, MD 20892 NIH Guidelines for Research Involving Recombinant DNA Molecules (NIH Guidelines), January 2001, Ap- 173.134 pendix B. Pantone Incorporated 590 Commerce Boulevard, Carlstadt, New Jersey 07072-3098 Pantone Formula guide coated/uncoated, Second Edition 2004 172.407, 172.519 Society of Plastics Industries, Inc., Organic Peroxide Producers Safety Division, 1275 K Street. NW., Suite 400, Washington, DC 20005 Self Accelerating Decomposition Temperature Test, 1972 173.21 [Amdt. 171-111, 55 FR 52466, Dec. 21, 1990] EDITORIAL NOTE: For FEDERAL REGISTER citations affecting § 1171.7, see the List of CFR Sections Affected which appears in the Finding Aids section of the printed volume and on GPO Access. EDITORIAL NOTE: At 68 FR 19273. Apr. 18, 2003, $171.7(a)(3) was amended by removing the entry for "TTMA TB No. 81" under "Truck Trailer Manufacturers Association". The amendment could not be incorporated because that entry does not exist. § 171.8 Definitions and abbreviations. Administrator means the Adminis- In this subchapter, trator, Research and Special Programs Administration. 92 Pipeline and Hazardous Materials Safety Admin., DOT § 171.8 Aerosol means any non-refillable rethe National Board of Boiler and Presceptacle containing a gas compressed, sure Vessel Inspectors and employed as liquefied or dissolved under pressure, an Inspector by an Authorized Inspecthe sole purpose of which is to expel a tion Agency. nonpoisonous (other than a Division 6.1 Bag means a flexible packaging made Packing Group III material) liquid, of paper, plastic film, textiles, woven paste, or powder and fitted with a selfmaterial or other similar materials. closing release device allowing the con- Bar means 1 BAR = 100 kPa (14.5 psi). tents to be ejected by the gas. Barge means a non-selfpropelled ves- Agricultural product means a hazsel. ardous material, other than a haz- Biological product. See § 173.134 of this ardous waste, whose end use directly subchapter. supports the production of an agricul- Bottle means an inner packaging havtural commodity including, but not ing a neck of relatively smaller cross limited to a fertilizer, pesticide, soil section than the body and an opening amendment or fuel. An agricultural capable of holding a closure for retenproduct is limited to a material in tion of the contents. Class 3, 8 or 9, Division 2.1, 2.2, 5.1, or Bottom shell means that portion of a 6.1, or an ORM-D material. tank car tank surface, excluding the Approval means a written authorizahead ends of the tank car tank. that tion, including a competent authority lies within two feet, measured circumapproval, from the Associate Adminisferentially, of the bottom longitudinal trator or other designated Department center line of the tank car tank. official, to perform a function for Box means a packaging with comwhich prior authorization by the Assoplete rectangular or polygonal faces, ciate Administrator is required under made of metal, wood, plywood, reconsubchapter C of this chapter (49 CFR stituted wood, fiberboard, plastic, or parts 171 through 180.) other suitable material. Holes appro- Approved means approval issued or priate to the size and use of the packrecognized by the Department unless aging, for purposes such as ease of hanotherwise specifically indicated in this dling or opening, or to meet classificasubchapter. tion requirements, are permitted as Asphyxiant gas means a gas which dilong as they do not compromise the inlutes or replaces oxygen normally in tegrity of the packaging during transthe atmosphere. portation, and are not otherwise pro- Associate Administrator means the Ashibited in this subchapter. sociate Administrator for Hazardous Break-bulk means packages of haz- Materials Safety, Pipeline and Hazardous materials that are handled indiardous Materials Safety Administravidually, palletized, or unitized for purtion. poses of transportation as opposed to Atmospheric gases means air, nitrobulk and containerized freight. gen, oxygen, argon, krypton, neon and Btu means British thermal unit. xenon. Bulk packaging means a packaging, Authorized Inspection Agency means: other than a vessel or a barge, includ- (1) A jurisdiction which has adopted ing a transport vehicle or freight conand administers one or more sections tainer, in which hazardous materials of the ASME Boiler and Pressure Vesare loaded with no intermediate form sel Code as a legal requirement and has of containment and which has: a representative serving as a member (1) A maximum capacity greater than of the ASME Conference Committee; or 450 L (119 gallons) as a receptacle for a (2) an insurance company which has liquid; been licensed or registered by the ap- (2) A maximum net mass greater propriate authority of a State of the than 400 kg (882 pounds) and a max- United States or a Province of Canada imum capacity greater than 450 L (119 to underwrite boiler and pressure vesgallons) as a receptacle for a solid; or sel insurance in such State or Prov- (3) A water capacity greater than 454 ince. kg (1000 pounds) as a receptacle for a Authorized Inspector means an Inspecgas as defined in $173.115 of this subtor who is currently commissioned by chapter. 93 $ 171.8 49 CFR Ch. I (10-1-06 Edition) Bundle of cylinders means assemblies tanks permanently attached to or of UN cylinders fastened together and forming an integral part of the motor interconnected by a manifold and vehicle. transported as a unit. The total water Cargo vessel means: (1) Any vessel capacity for the bundle may not exceed other than a passenger vessel; and 3,000 L. except that a bundle intended (2) Any ferry being operated under for the transport of gases in Division authority of a change of character cer- 2.3 is limited to a water capacity of tificate issued by a Coast Guard Offi- 1,000 L. cer-in-Charge, Marine Inspection. Bureau of Explosives means the Bu- Carrier means a person who transreau of Explosives (B of E) of the Assoports passengers or property in comciation of American Railroads. merce by rail car, aircraft, motor vehi- C means Celsius or Centigrade. cle, or vessel. Captain of the Port (COTP) means the CC means closed-cup. officer of the Coast Guard, under the Character of vessel means the type of command of a District Commander, so service in which the vessel is engaged designated by the Commandant for the at the time of carriage of a hazardous purpose of giving immediate direction material. to Coast Guard law enforcement activi- Class means hazard class. See hazard ties within an assigned area. As used in class. this subchapter, the term Captain of the Class 1. See $173.50 of this subchapter. Port includes an authorized representa- Class 2. See $173.115 of this subtive of the Captain of the Port. chapter. Carfloat means a vessel that operates Class 3. See $173.120 of this subon a short run on an irregular basis and chapter. serves one or more points in a port Class 4. See $173.124 of this subarea as an extension of a rail line or chapter. highway over water, and does not oper- Class 5. See $173.128 of this subate in ocean, coastwise, or ferry servchapter. ice. Class 6. See $173.132 of this sub- Cargo aircraft only means an aircraft chapter. that is used to transport cargo and is Class 7. See $173.403 of this subnot engaged in carrying passengers. chapter. For purposes of this subchapter, the Class 8. See $173.136 of this subterms cargo aircraft only, cargo-only airchapter. craft and cargo aircraft have the same Class 9. See $173.140 of this submeaning. chapter. Cargo tank means a bulk packaging Closure means a device which closes that: an opening in a receptacle. (1) Is a tank intended primarily for COFC means container-on-flat-car. the carriage of liquids or gases and in- Combination packaging means a comcludes appurtenances, reinforcements, bination of packaging, for transport fittings, and closures (for the definition purposes, consisting of one or more of a tank, see 49 CFR 178.320, 178.337-1, inner packagings secured in a non-bulk or 178.338-1, as applicable); outer packaging. It does not include a (2) Is permanently attached to or composite packaging. forms a part of a motor vehicle, or is Combustible liquid. See $173.120 of this not permanently attached to a motor subchapter. vehicle but which, by reason of its size, Commerce means trade or transporconstruction or attachment to a motor tation in the jurisdiction of the United vehicle is loaded or unloaded without States within a single state; between a being removed from the motor vehicle; place in a state and a place outside of and the state; or that affects trade or (3) Is not fabricated under a specitransportation between a place in a fication for cylinders, intermediate state and place outside of the state. bulk containers, multi-unit tank car Compatibility group letter means a destanks, portable tanks, or tank cars. ignated alphabetical letter used to cat- Cargo tank motor vehicle means a egorize different types of explosive submotor vehicle with one or more cargo stances and articles for purposes of 94 Pipeline and Hazardous Materials Safety Admin., DOT $ 171.8 stowage and segregation. See $173.52 of multi-unit tank car tank, cargo tank, this subchapter. or tank car. Competent Authority means a national Dangerous when wet material. See agency responsible under its national § 173.124 of this subchapter. law for the control or regulation of a Design Certifying Engineer means a particular aspect of the transportation person registered with the Department of hazardous materials (dangerous in accordance with subpart F of part goods). The term Appropriate Authority, 107 of this chapter who has the knowlas used in the ICAO Technical Instrucedge and ability to perform stress analtions (IBR, see §171.7), has the same ysis of pressure vessels and otherwise meaning as Competent Authority. For determine whether a cargo tank design purposes of this subchapter, the Assoand construction meets the applicable clate Administrator is the Competent DOT specification. A Design Certifying Authority for the United States. Engineer meets the knowledge and abil- Composite packaging means a packity requirements of this section by aging consisting of an outer packaging meeting any one of the following reand an inner receptacle, so constructed quirements: that the Inner receptacle and the outer (1) Has an engineering degree and one packaging form an integral packaging. year of work experience in cargo tank Once assembled it remains thereafter structural or mechanical design; an integrated single unit; it is filled, (2) Is currently registered as a professtored, shipped and emptied as such. sional engineer by appropriate author- Compressed gas. See $ 173.115 of this ity of a state of the United States or a subchapter. province of Canada; or Consignee means the person or place (3) Has at least three years' experishown on a shipping document, packence in performing the duties of a Deage marking, or other media as the losign Certifying Engineer prior to Sepcation to which a carrier is directed to tember 1, 1991. transport a hazardous material. Designated facility means a hazardous Consumer commodity means a material waste treatment, storage, or disposal that is packaged and distributed in a facility that has been designated on form intended or suitable for sale the manifest by the generator. through retail sales agencies or instru- Diagnostic specimen. See $ 173.134 of mentalities for consumption by indithis subchapter. District Commander means the Disviduals for purposes of personal care or trict Commander of the Coast Guard, household use. This term also includes drugs and medicines. or his authorized representative, who has jurisdiction in the particular geo- Containership means a cargo vessel designed and constructed to transport, graphical area. Division means a subdivision of a hazwithin specifically designed cells, portard class. able tanks and freight containers DOD means the U.S. Department of which are lifted on and off with their Defense. contents intact. Domestic transportation means trans- Corrosive material. See $173.136 of this portation between places within the subchapter. United States other than through a for- Crate means an outer packaging with eign country. incomplete surfaces. DOT or Department means U.S. De- Crewmember means a person assigned partment of Transportation. to perform duty in an aircraft during Drum means a flat-ended or convexflight time. ended cylindrical packaging made of Cryogenic liquid. See §173.115(g) of metal, fiberboard, plastic, plywood, or this subchapter. other suitable materials. This defini- Cultures and stocks. See § 173.134 of tion also includes packagings of other this subchapter. shapes made of metal or plastic (e.g., Cylinder means a pressure vessel deround taper-necked packagings or pailsigned for pressures higher than 40 psia shaped packagings) but does not inand having a circular cross section. It clude cylinders, jerricans, wooden bardoes not include a portable tank, rels or bulk packagings. 95 § 171.8 49 CFR Ch. I (10-1-06 Edition) Elevated temperature material means a Flammable gas. See $173.115 of this material which, when offered for transsubchapter. portation or transported in a bulk Flammable liquid. See $173.120 of this packaging: subchapter. (1) Is in a liquid phase and at a tem- Flammable solid. See 173.124 of this perature at or above 100 °C (212 °F): subchapter. (2) Is in a liquid phase with a flash Flash point. See $173.120 of this subpoint at or above 37.8 °C (100 °F) that is chapter. intentionally heated and offered for Freight container means a reusable transportation or transported at or container having a volume of 64 cubic above its flash point: or feet or more, designed and constructed (3) Is in a solid phase and at a temto permit being lifted with its contents perature at or above 240 °C (464 °F). intact and intended primarily for con- Engine means a locomotive propelled tainment of packages (in unit form) by any form of energy and used by a during transportation. railroad. Fuel tank means a tank other than a EPA means U.S. Environmental Procargo tank, used to transport flamtection Agency. mable or combustible liquid, or com- Etiologic agent. See $173.134 of this pressed gas for the purpose of supsubchapter. plying fuel for propulsion of the trans- EX number means a number preceded port vehicle to which it is attached, or by the prefix "EX", assigned by the Asfor the operation of other equipment sociate Administrator. to an item that on the transport vehicle. has been evaluated under the provisions of $173.56 of this subchapter. Fumigated lading. See $ 172.302(g) and 173.9. Explosive. See $173.50 of this sub- Gas means a material which has a chapter. F means degree Fahrenheit. vapor pressure greater than 300 kPa Farmer means a person engaged in (43.5 psia) at 50 °C (122 °F) or is comthe production or raising of crops, pletely gaseous at 20 °C (68 °F) at a poultry. or livestock. standard pressure of 101.3 kPa (14.7 Federal hazardous material transporpsia). tation law means 49 U.S.C. 5101 et seq. Gross weight or Gross mass means the Ferry vessel means a vessel which is weight of a packaging plus the weight limited in its use to the carriage of of its contents. deck passengers or vehicles or both, op- Hazard class means the category of erates on a short run on a frequent hazard assigned to a hazardous mateschedule between two points over the rial under the definitional criteria of most direct water route, other than in part 173 of this subchapter and the proocean or coastwise service, and is ofvisions of the $172.101 table. A material fered as a public service of a type normay meet the defining criteria for mally attributed to a bridge or tunnel. more than one hazard class but is as- Filling density has the following signed to only one hazard class. meanings: Hazard zone means one of four levels (1) For compressed gases in cylinders, of hazard (Hazard Zones A through D) see $173.304a(a)(2) table note 1. assigned to gases, as specified in (2) For compressed gases in tank 173.116(a) of this subchapter, and one cars, see 173.314(c) table note 1. of two levels of hazards (Hazard Zones (3) For compressed gases in cargo A and B) assigned to liquids that are tanks and portable tanks, see poisonous by inhalation, as specified in $ 173.315(a) table note 1. $173.133(a) of this subchapter. A hazard (4) For cryogenic liquids in cylinders, zone is based on the LC50 value for except hydrogen, see § 173.316(c)(1). acute inhalation toxicity of gases and (5) For hydrogen, cryogenic liquid in vapors, as specified in $173.133(a). cylinders, see §173.316(c)(3) table note 1. Hazardous material means a substance (6) For cryogenic liquids in cargo or material that the Secretary of tanks, see § 173.318(f)(1). Transportation has determined is capa- (7) For cryogenic liquids in tank cars, ble of posing an unreasonable risk to see § 173.319(d)(1). health, safety, and property when 96 Pipeline and Hazardous Materials Safety Admin., DOT § 171.8 transported in commerce, and has des- Hazmat employee means: (1) A person ignated as hazardous under section 5103 who is: of Federal hazardous materials trans- (i) Employed on a full-time, part portation law (49 U.S.C. 5103). The term time, or temporary basis by a hazmat includes hazardous substances, hazemployer and who in the course of such ardous wastes, marine pollutants, elefull time, part time or temporary emvated temperature materials, mateployment directly affects hazardous rials designated as hazardous in the materials transportation safety: Hazardous Materials Table (see 49 CFR (ii) Self-employed (including an 172.101), and materials that meet the owner-operator of a motor vehicle, vesdefining criteria for hazard classes and sel, or aircraft) transporting hazardous divisions in part 173 of subchapter C of materials in commerce who in the this chapter. course of such self-employment di- Hazardous substance for the purposes rectly affects hazardous materials of this subchapter, means a material, transportation safety; including its mixtures and solutions, (iii) A railroad signalman; or that- (iv) A railroad maintenance-of-way (1) Is listed in the appendix A to employee. § 172.101 of this subchapter; (2) This term includes an individual, (2) Is in a quantity, in one package, employed on a full time, part time, or which equals or exceeds the reportable quantity (RQ) listed in the appendix A temporary basis by a hazmat employer, to $172.101 of this subchapter; and or who is self-employed, who during (3) When in a mixture or solutionthe course of employment: (i) For radionuclides, conforms to (i) Loads, unloads, or handles hazardous materials; paragraph 7 of the appendix A to $172.101. (ii) Designs, manufactures, fab- (ii) For other than radionuclides, is ricates, inspects, marks, maintains, rein a concentration by weight which conditions, repairs, or tests a package, equals or exceeds the concentration container or packaging component corresponding to the RQ of the matethat is represented, marked, certified, rial, as shown in the following table: or sold as qualified for use in transporting hazardous material in com- Concentration by merce. RQ pounds (kilograms) weight (iii) Prepares hazardous materials for Percent PPM transportation; 5000 (2270) 10 100,000 (iv) Is responsible for safety of trans- 1000 (454) 2 20,000 porting hazardous materials; 100 (45.4) 0.2 2,000 (v) Operates a vehicle used to trans- 10 (4.54) 0.02 200 1 (0.454) 0.002 20 port hazardous materials. Hazmat employer means: The term does not include petroleum, (1) A person who employs or uses at including crude oil or any fraction least one hazmat employee on a fullthereof which is not otherwise specifitime, part time, or temporary basis; cally listed or designated as a hazand who: ardous substance in appendix A to (i) Transports hazardous materials in $172.101 of this subchapter, and the commerce; term does not include natural gas, nat- (ii) Causes hazardous materials to be ural gas liquids, liquefied natural gas, transported in commerce; or or synthetic gas usable for fuel (or mix- (iii) Designs, manufactures, fabtures of natural gas and such synthetic ricates, inspects, marks, maintains, regas). conditions, repairs or tests a package, Hazardous waste, for the purposes of container, or packaging component this chapter, means any material that that is represented, marked, certified, is subject to the Hazardous Waste or sold by that person as qualified for Manifest Requirements of the U.S. Enuse in transporting hazardous matevironmental Protection Agency specirials in commerce; fied in 40 CFR part 262. (2) A person who is self-employed (in- Hazmat means a hazardous material. cluding an owner-operator of a motor 97 § 171.8 49 CFR Ch. I (10-1-06 Edition) vehicle, vessel, or aircraft) trans- Inner receptacle means a receptacle porting materials in commerce; and which requires an outer packaging in who: order to perform its containment func- (i) Transports hazardous materials in tion. The inner receptacle may be an commerce; inner packaging of a combination (ii) Causes hazardous materials to be packaging or the inner receptacle of a transported in commerce; or composite packaging. (iii) Designs, manufactures, fab- Intermediate bulk container or IBC ricates, inspects, marks, maintains, remeans a rigid or flexible portable packconditions, repairs or tests a package, aging, other than a cylinder or portcontainer, or packaging component able tank, which is designed for methat is represented, marked, certified, chanical handling. Standards for IBCs or sold by that person as qualified for manufactured in the United States are use in transporting hazardous mateset forth in subparts N and 0 of part rials in commerce; or 178 of this subchapter. (3) A department, agency, or instru- Intermediate packaging means a packmentality of the United States Governaging which encloses an inner packment, or an authority of a State, politaging or article and is itself enclosed in ical subdivision of a State, or an Indian an outer packaging. tribe; and who: Intermodal container means a freight (i) Transports hazardous materials in container designed and constructed to commerce; permit it to be used interchangeably in (ii) Causes hazardous materials to be two or more modes of transport. transported in commerce; or Intermodal portable tank or IM portable (iii) Designs, manufactures, fabtank means a specific class of portable ricates, inspects, marks, maintains, retanks designed primarily for interconditions, repairs or tests a package, national intermodal use. container, or packaging component International transportation means that is represented, marked, certified, transportationor sold by that person as qualified for (1) Between any place in the United use in transporting hazardous mate- States and any place in a foreign counrials in commerce. try: Hermetically sealed means closed by (2) Between places in the United fusion, gasketing, crimping. or equiva- States through a foreign country; or lent means so that no gas or vapor can (3) Between places in one or more forenter or escape. eign countries through the United HMR means the Hazardous Materials States. Regulations, Parts 171 through 180 of Irritating material. See $173.132(a) of this chapter. this subchapter. IAEA means International Atomic Jerrican means a metal or plastic Energy Agency. packaging of rectangular or polygonal IATA means International Air Transcross-section. port Association. Large packaging means a packaging ICAO means International Civil Aviathat- tion Organization. (1) Consists of an outer packaging IMO means International Maritime which contains articles or inner pack- Organization. agings; Incorporated by reference or IBR (2) Is designated for mechanical hanmeans a publication or a portion of a dling; publication that is made a part of the (3) Exceeds 400 kg net mass or 450 liregulations of this subchapter. See ters (118.9 gallons) capacity; $171.7. (4) Has a volume of not more than 3 Infectious substance (etiologic agent). m3 (see $178.801(i) of this subchapter); See § 173.134 of this subchapter. and Inner packaging means a packaging (5) Conforms to the requirements for for which an outer packaging is rethe construction, testing and marking quired for transport. It does not inof large packagings as specified in the clude the inner receptacle of a com- UN Recommendations, Chapter 6.6 (inposite packaging. corporated by reference; see §171.7). 98 Pipeline and Hazardous Materials Safety Admin., DOT § 171.8 Limited quantity, when specified as (2) One percent by weight of the solusuch in a section applicable to a partion or mixture for materials that are ticular material, means the maximum identified as severe marine pollutants amount of a hazardous material for in the appendix. which there is a specific labeling or Marking means a descriptive name, packaging exception. identification number, instructions, Liquid means a material, other than cautions, weight, specification, or UN an elevated temperature material, with marks, or combinations thereof, re- a melting point or initial melting point quired by this subchapter on outer of 20 °C (68 °F) or lower at a standard packagings of hazardous materials. pressure of 101.3 kPa (14.7 psia). A vis- Material of trade means a hazardous cous material for which a specific material, other than a hazardous melting point cannot be determined waste, that is carried on a motor vehimust be subjected to the procedures clespecified in ASTM D 4359 "Standard (1) For the purpose of protecting the Test Method for Determining Whether health and safety of the motor vehicle a Material is Liquid or Solid" (IBR, see operator or passengers; $171.7). (2) For the purpose of supporting the Liquid phase means a material that operation or maintenance of a motor meets the definition of liquid when vehicle (including its auxiliary equipevaluated at the higher of the temperament); or ture at which it is offered for transpor- (3) By a private motor carrier (intation or at which it is transported, cluding vehicles operated by a rail carnot at the 37.8 °C (100 °F) temperature rier) in direct support of a principal specified in ASTM D 4359 (IBR, see business that is other than transpor- §171.7). tation by motor vehicle. Loading incidental to movement means loading by carrier personnel or in the Material poisonous by inhalation means: presence of carrier personnel of packaged or containerized hazardous mate- (1) A gas meeting the defining cririal onto a transport vehicle, aircraft, teria in $173.115(c) of this subchapter or vessel for the purpose of transand assigned to Hazard Zone A, B, C, or porting it, including the loading, D in accordance with $173.116(a) of this blocking and bracing a hazardous masubchapter; terials package in a freight container (2) A liquid (other than as a mist) or transport vehicle, and segregating a meeting the defining criteria in hazardous materials package in a $ 173.132(a)(1)(iii) of this subchapter and freight container or transport vehicle assigned to Hazard Zone A or B in acfrom incompatible cargo. For a bulk cordance with $173.133(a) of this subpackaging, loading incidental to movechapter; or ment means filling the packaging with (3) Any material identified as an in- a hazardous material for the purpose of halation hazard by a special provision transporting it. Loading incidental to in column 7 of the $172.101 table. movement includes transloading. Maximum allowable working pressure Magazine vessel means a vessel used or MAWP: For DOT specification cargo for the receiving, storing, or dispensing tanks used to transport liquid hazof explosives. ardous materials, see $178.320(a) of this Magnetic material. See $173.21(d) of subchapter. this subchapter. Maximum capacity means the max- Marine pollutant, means a material imum inner volume of receptacles or which is listed in appendix B to § 172.101 packagings. of this subchapter (also see $171.4) and, Maximum net mass means the allowwhen in a solution or mixture of one or able maximum net mass of contents in more marine pollutants, is packaged in a single packaging, or as used in sub- a concentration which equals or expart M of part 178 of this subchapter, ceeds: the maximum combined mass of inner (1) Ten percent by weight of the solupackaging, and the contents thereof. tion or mixture for materials listed in Metered delivery service means a cargo the appendix; or tank unloading operation conducted at 99 § 171.8 49 CFR Ch. I (10-1-06 Edition) a metered flow rate of 378.5 L (100 gal- Nonflammable gas. See § 173.115 of this lons) per minute or less through an atsubchapter. tached delivery hose with a nominal in- N.O.S. means not otherwise specified. side diameter of 3.175 cm (1½ inches) or N.O.S. description means a shipping less. description from the $172.101 table Miscellaneous hazardous material. See which includes the abbreviation n.o.s. § 173.140 of this subchapter. NPT means an American Standard Mixture means a material composed taper pipe thread conforming to the reof more than one chemical compound quirements of NBS Handbook H-28 or element. (IBR, see $171.7). Mode means any of the following NRC (non-reusable container) means a transportation methods; rail, highway, packaging (container) whose reuse is restricted in accordance with the proair, or water. Motor vehicle includes a vehicle, mavisions of 173.28 of this subchapter. chine, tractor, trailer, or semitrailer, Occupied caboose means a rail car or any combination thereof, propelled being used to transport non-passenger or drawn by mechanical power and personnel. used upon the highways in the trans- Officer in Charge, Marine Inspection portation of passengers or property. It means a person from the civilian or does not include a vehicle, locomotive, military branch of the Coast Guard or car operated exclusively on a rail or designated as such by the Commandant rails, or a trolley bus operated by elecand who under the supervision and direction of the Coast Guard District tric power derived from a fixed overhead wire, furnishing local passenger Commander is in charge of a destransportation similar to street-railignated inspection zone for the performance of duties with respect to the way service. enforcement and administration of Movement means the physical transtitle 52, Revised Statutes, acts amendfer of a hazardous material from one atory thereof or supplemental thereto, geographic location to another by rail rules and regulations thereunder. and car, aircraft, motor vehicle, or vessel. the inspection required thereby. Multiple-element gas container or Offshore supply vessel means a cargo MEGC means assemblies of UN cylvessel of less than 500 gross tons that inders, tubes, or bundles of cylinders regularly transports goods, supplies or interconnected by a manifold and asequipment in support of exploration or sembled within a framework. The term production of offshore mineral or enincludes all service equipment and ergy resources. structural equipment necessary for the Operator means a person who controls transport of gases. the use of an aircraft, vessel, or vehi- Name of contents means the proper cle. shipping name as specified in $172.101 Organic peroxide. See $173.128 of this of this subchapter. subchapter. Navigable waters means, for the pur- ORM means other regulated mateposes of this subchapter, waters of the rial. See § 173.144 of this subchapter. United States, including the territorial Outage or ullage means the amount seas. by which a packaging falls short of Non-bulk packaging means a packbeing liquid full, usually expressed in aging which has: percent by volume. (1) A maximum capacity of 450 L (119 Outer packaging means the outermost gallons) or less as a receptacle for a enclosure of a composite or combinaliquid: tion packaging together with any ab- (2) A maximum net mass of 400 kg sorbent materials, cushioning and any (882 pounds) or less and a maximum caother components necessary to contain pacity of 450 L (119 gallons) or less as a and protect inner receptacles or inner receptacle for a solid; or packagings. (3) A water capacity of 454 kg (1000 Overpack, except as provided in subpounds) or less as a receptacle for a gas part K of part 178 of this subchapter, as defined in $173.115 of this submeans an enclosure that is used by a chapter. single consignor to provide protection 100 Pipeline and Hazardous Materials Safety Admin., DOT § 171.8 or convenience in handling of a packthe United States, or a person accomage or to consolidate two or more panying the shipment. packages. Overpack does not include a Passenger vessel meanstransport vehicle, freight container, or (1) A vessel subject to any of the reaircraft unit load device. Examples of quirements of the International Conoverpacks are one or more packages: vention for the Safety of Life at Sea, (1) Placed or stacked onto a load 1974, which carries more than 12 pasboard such as a pallet and secured by sengers; strapping, shrink wrapping, stretch wrapping, or other suitable means; or (2) A cargo vessel documented under the laws of the United States and not (2) Placed in a protective outer packaging such as a box or crate. subject to that Convention, which car- Oxidizer. See $173.127 of this subries more than 16 passengers; chapter. (3) A cargo vessel of any foreign na- Oxidizing gas means a gas which may, tion that extends reciprocal privileges generally by providing oxygen, cause and is not subject to that Convention or contribute to the combustion of and which carries more than 16 pasother material more than air does. sengers; and Oxygen generator (chemical) means a (4) A vessel engaged in a ferry operdevice containing chemicals that upon ation and which carries passengers. activation release oxygen as a product Person means an individual, corporaof chemical reaction. tion, company, association, firm, part- Package or Outside Package means a nership, society, joint stock company; packaging plus its contents. For radioor a government, Indian tribe, or auactive materials, see $173.403 of this thority of a government or tribe offersubchapter. ing a hazardous material for transpor- Packaging means a receptacle and tation in commerce or transporting a any other components or materials hazardous material to support a comnecessary for the receptacle to perform mercial enterprise. This term does not its containment function in conforminclude the United States Postal Servance with the minimum packing reice or, for purposes of 49 U.S.C. 5123 and quirements of this subchapter. For Γa- 5124, a Department, agency, or instrudioactive materials packaging, see mentality of the government. $173.403 of this subchapter. Person who offers or offeror means: Packing group means a grouping ac- (1) Any person who does either or cording to the degree of danger preboth of the following: sented by hazardous materials. Packing Group I indicates great danger; (i) Performs, or is responsible for per- Packing Group II, medium danger; forming, any pre-transportation func- Packing Group III, minor danger. See tion required under this subchapter for § 172.101(f) of this subchapter. transportation of the hazardous mate- Passenger (With respect to vessels and rial in commerce. for the purposes of part 176 only) means (ii) Tenders or makes the hazardous a person being carried on a vessel other material available to a carrier for than: transportation in commerce. (1) The owner or his representative; (2) A carrier is not an offeror when it (2) The operator; performs a function required by this (3) A bona fide member of the crew subchapter as a condition of acceptengaged in the business of the vessel ance of a hazardous material for transwho has contributed no consideration portation in commerce (e.g., reviewing for his carriage and who is paid for his shipping papers, examining packages services; or to ensure that they are in conformance (4) A guest who has not contributed with this subchapter, or preparing any consideration directly or indishipping documentation for its own rectly for his carriage. use) or when it transfers a hazardous Passenger-carrying aircraft means an material to another carrier for continaircraft that carries any person other ued transportation in commerce withthan a crewmember, company emout performing a pre-transportation ployee, an authorized representative of function. 101 § 171.8 49 CFR Ch. I (10-1-06 Edition) PHMSA means the Pipeline and Haz- (10) For each person importing a hazardous Materials Safety Administraardous material into the United States, tion, U.S. Department of Transporproviding the shipper with timely and tation, Washington, DC 20590. complete information as to the HMR Placarded car means a rail car which requirements that will apply to the is placarded in accordance with the retransportation of the material within quirements of part 172 of this subthe United States. chapter. (11) Certifying that a hazardous ma- Poisonous gas. See § 173.115 of this subterial is in proper condition for transchapter. portation in conformance with the re- Poisonous materials. See § 173.132 of quirements of the HMR. this subchapter. (12) Loading, blocking. and bracing a Portable tank means a bulk packaging hazardous materials package in a (except a cylinder having a water cafreight container or transport vehicle. pacity of 1000 pounds or less) designed (13) Segregating a hazardous mateprimarily to be loaded onto, or on, or rials package in a freight container or temporarily attached to a transport vetransport vehicle from incompatible hicle or ship and equipped with skids, cargo. mountings, or accessories to facilitate handling of the tank by mechanical (14) Selecting, providing, or affixing placards for a freight container or means. It does not include a cargo tank, tank car, multi-unit tank car transport vehicle to indicate that it contains a hazardous material. tank, or trailer carrying 3AX, 3AAX, or 3T cylinders. Primary hazard means the hazard Preferred route or Preferred highway is class of a material as assigned in the $172.101 table. a highway for shipment of highway route controlled quantities of radioactive Private track or Private siding means: materials so designated by a State (i) Track located outside of a carrier's routing agency, and any Interstate right-of-way, yard, or terminals where System highway for which an alterthe carrier does not own the rails, ties, native highway has not been desroadbed, or right-of-way, or ignated by such State agency as pro- (ii) Track leased by a railroad to a vided by $397.103 of this title. lessee, where the lease provides for, Pre-transportation function means a and actual practice entails, exclusive function specified in the HMR that is use of that trackage by the lessee and/ required to assure the safe transporor a general system railroad for purtation of a hazardous material in compose of moving only cars shipped to or merce, includingby the lessee, and where the lessor oth- (1) Determining the hazard class of a erwise exercises no control over or Γe- hazardous material. sponsibility for the trackage or the (2) Selecting a hazardous materials cars on the trackage. packaging. Proper shipping name means the name (3) Filling a hazardous materials of the hazardous material shown in packaging, including a bulk packaging. Roman print (not Italics) in 172.101 of (4) Securing a closure on a filled or this subchapter. partially filled hazardous materials Psl means pounds per square inch. package or container or on a package Psia means pounds per square inch or container containing a residue of a absolute. hazardous material. Psig means pounds per square inch (5) Marking a package to indicate gauge. that it contains a hazardous material. Public vessel means a vessel owned by (6) Labeling a package to indicate and being used in the public service of that it contains a hazardous material. the United States. It does not include a (7) Preparing a shipping paper. vessel owned by the United States and (8) Providing and maintaining emerengaged in a trade or commercial servgency response information. ice or a vessel under contract or char- (9) Reviewing a shipping paper to ter to the United States. verify compliance with the HMR or Pyrophoric liquid. See § 173.124(b) of international equivalents. this subchapter. 102 Pipeline and Hazardous Materials Safety Admin., DOT § 171.8 Radioactive materials. See $173.403 of either refilled or cleaned of hazardous this subchapter for definitions relating material and purged to remove any to radioactive materials. hazardous vapors. Rail car means a car designed to SADT means self-accelerated decomcarry freight or non-passenger perposition temperature. See $173.21(f) of sonnel by rail, and includes a box car, this subchapter. flat car, gondola car, hopper car, tank Salvage packaging means a special car, and occupied caboose. packaging conforming to $173.3 of this Railroad means a person engaged in subchapter into which damaged, defectransportation by rail. tive, leaking, or non-conforming haz- Receptacle means a containment vesardous materials packages, or hazsel for receiving and holding materials, ardous materials that have spilled or including any means of closing. leaked, are placed for purposes of Registered Inspector means a person transport for recovery or disposal. registered with the Department in ac- SCF (standard cubic foot) means one cordance with subpart F of part 107 of cubic foot of gas measured at 60 °F. and this chapter who has the knowledge 14.7 psia. and ability to determine whether a Secretary means the Secretary of cargo tank conforms to the applicable Transportation. DOT specification. A Registered Inspec- Self-defense spray means an aerosol or tor meets the knowledge and ability renon-pressurized device that: quirements of this section by meeting (1) Is intended to have an irritating any one of the following requirements: or incapacitating effect on a person or (1) Has an engineering degree and one animal: and year of work experience relating to the (2) Meets no hazard criteria other testing and inspection of cargo tanks; than for Class 9 (for example, a pepper (2) Has an associate degree in engispray; see $173.140(a) of this subneering and two years of work experichapter) and, for an aerosol, Division ence relating to the testing and inspec- 2.1 or 2.2 (see § 173.115 of this subtion of cargo tanks; chapter), except that it may contain (3) Has a high school diploma (or not more than two percent by mass of General Equivalency Diploma) and a tear gas substance (e.g., three years of work experience relating chloroacetophenone (CN) or 0- to the testing and inspection of cargo chlorobenzylmalonitrile (CS); see tanks; or $173.132(a) (2) of this subchapter.) (4) Has at least three years' experi- Settled pressure means the pressure ence performing the duties of a Regexerted by the contents of a UN presistered Inspector prior to September 1, sure receptacle in thermal and diffu- 1991. sive equilibrium. Regulated medical waste. See $173.134 Sharps. See $173.134 of this subof this subchapter. chapter. Reportable quantity (RQ) for the pur- Shipping paper means a shipping poses of this subchapter means the order, bill of lading, manifest or other quantity specified in column 2 of the shipping document serving a similar appendix to $172.101 for any material purpose and containing the informaidentified in column 1 of the appendix. tion required by §§ 172.202, 172.203 and Research means investigation or ex- 172.204. perimentation aimed at the discovery Siftproof packaging means a packof new theories or laws and the disaging impermeable to dry contents, incovery and interpretation of facts or cluding fine solid material produced revision of accepted theories or laws in during transportation. the light of new facts. Research does Single packaging means a non-bulk not include the application of existing packaging other than a combination technology to industrial endeavors. packaging. Residue means the hazardous mate- Solid means a material which is not a rial remaining in a packaging, includgas or a liquid. ing a tank car, after its contents have Solution means any homogeneous liqbeen unloaded to the maximum extent uid mixture of two or more chemical practicable and before the packaging is compounds or elements that will not 103 $ 171.8 49 CFR Ch. I (10-1-06 Edition) undergo any segregation under condithe time that a carrier takes physical tions normal to transportation. possession of the hazardous material Special permit means a document for the purpose of transporting it in issued by the Associate Administrator commerce until the package conunder the authority of 49 U.S.C. 5117 taining the hazardous material is physpermitting a person to perform a funcically delivered to the destination indition that is not otherwise permitted cated on a shipping document, package under subchapter A or C of this chapmarking, or other medium, or, in the ter, or other regulations issued under case of a private motor carrier, be- 49 U.S.C. 5101 et seq. (e.g., Federal tween the time that a motor vehicle Motor Carrier Safety routing requiredriver takes physical possession of the ments). The terms "special permit" hazardous material for the purpose of and "exemption" have the same meantransporting it in commerce until the ing for purposes of subchapter A or C of driver relinquishes possession of the this chapter or other regulations issued package at its destination and is no under 49 U.S.C. 5101 through 5127. An longer responsible for performing funcexemption issued prior to October 1. tions subject to the HMR with respect 2005 remains valid until it is past its to that particular package. expiration date, terminated by the As- (1) Storage incidental to movement insociate Administrator, or issued as a cludes— special permit, whichever occurs first. (i) Storage at the destination shown Specification packaging means a packon a shipping document, including aging conforming to one of the specistorage at a transloading facility. profications or standards for packagings vided the shipping documentation idenin part 178 or part 179 of this subtifies the shipment as a through-shipchapter. ment and identifies the final destina- Spontaneously combustible material. tion or destinations of the hazardous See $173.124(b) of this subchapter. material; and Stabilized means that the hazardous (ii) Rail cars containing hazardous material is in a condition that prematerials that are stored on track that cludes uncontrolled reaction. This may does not meet the definition of "pribe achieved by methods such as adding vate track or siding" in $171.8, even if an inhibiting chemical, degassing the those cars have been delivered to the hazardous material to remove disdestination shown on the shipping docsolved oxygen and inerting the air ument. space in the package, or maintaining (2) Storage incidental to movement the hazardous material under temperadoes not include storage of a hazardous ture control. material at its final destination as State means a State of the United shown on a shipping document. States, the District of Columbia, the Stowage means the act of placing haz- Commonwealth of Puerto Rico, the ardous materials on board a vessel. Commonwealth of the Northern Mar- Strong outside container means the iana Islands, the Virgin Islands, Ameroutermost enclosure which provides ican Samoa, Guam, or any other terriprotection against the unintentional tory or possession of the United States release of its contents under conditions designated by the Secretary. normally incident to transportation. State-designated route means a pre- Subsidiary hazard means a hazard of a ferred route selected in accordance material other than the primary hazwith U.S. DOT "Guidelines for Selectard. (See primary hazard). ing Preferred Highway Routes for Table in $172.101 or § 172.101 table Highway Route Controlled Quantities means the Hazardous Materials Table of Radioactive Materials" or an equivin $172.101 of this subchapter. alent routing analysis which ade- Technical name means a recognized quately considers overall risk to the chemical name or microbiological public. name currently used in scientific and Storage incidental to movement means technical handbooks, journals, and storage of a transport vehicle, freight texts. Generic descriptions are authorcontainer, or package containing a hazized for use as technical names proardous material by any person between vided they readily identify the general 104 Pipeline and Hazardous Materials Safety Admin., DOT $ 171.8 chemical group, or microbiological UN means United Nations. group. Examples of acceptable generic UN cylinder means a transportable chemical descriptions are organic phospressure receptacle with a water capacphate compounds, petroleum aliphatic ity not exceeding 150 L that has been hydrocarbons and tertiary amines. For marked and certified as conforming to proficiency testing only, generic the applicable requirements in part 178 microbiological descriptions such as of this subchapter. bacteria, mycobacteria, fungus, and UN portable tank means an interviral samples may be used. Except for modal tank having a capacity of more names which appear in subpart B of than 450 liters (118.9 gallons). It inpart 172 of this subchapter, trade cludes a shell fitted with service equipnames may not be used as technical ment and structural equipment, includnames. ing stabilizing members external to the TOFC means trailer-on-flat-car. shell and skids, mountings or acces- Top shell means the tank car tank sories to facilitate mechanical hansurface, excluding the head ends and dling. A UN portable tank must be cabottom shell of the tank car tank. pable of being filled and discharged Toxin. See $173.134 of this subchapter. without the removal of its structural Trailership means a vessel, other than equipment and must be capable of a carfloat, specifically equipped to being lifted when full. Cargo tanks, rail carry motor transport vehicles and tank car tanks, non-metallic tanks, fitted with installed securing devices non-specification tanks, bulk bins, and to tie down each vehicle. The term IBCs and packagings made to cylinder trailership includes Roll-on/Roll-off (RO/ specifications are not UN portable RO) vessels. tanks. Train means one or more engines cou- UN pressure receptacle means a UN pled with one or more rail cars, except cylinder or tube. during switching operations or where UN Recommendations means the UN the operation is that of classifying and Recommendations on the Transport of assembling rail cars within a railroad Dangerous Goods (IBR, see §171.7). yard for the purpose of making or UN standard packaging means a packbreaking up trains. aging conforming to standards in the Trainship means a vessel other than a UN Recommendations (IBR, see $171.7). rail car ferry or carfloat, specifically UN tube means a seamless transportequipped to transport railroad vehicles, able pressure receptacle with a water and fitted with installed securing decapacity exceeding 150 L but not more vices to tie down each vehicle. than 3,000 L that has been marked and Transloading means the transfer of a certified as conforming to the requirehazardous material by any person from ments in part 178 of this subchapter. one bulk packaging to another bulk Undeclared hazardous material means packaging, from a bulk packaging to a a hazardous material that is: (1) Subnon-bulk packaging, or from a nonject to any of the hazard communicabulk packaging to a bulk packaging for tion requirements in subparts C (Shipthe purpose of continuing the moveping Papers), D (Marking), E (Labelment of the hazardous material in coming), and F (Placarding) of Part 172 of merce. this subchapter. or an alternative Transport vehicle means a cargo-carmarking requirement in Part 173 of rying vehicle such as an automobile, this subchapter (such as $173.4(a)(10) van, tractor, truck, semitrailer, tank and 173.6(c)); and (2) offered for transcar or rail car used for the transporportation in commerce without any tation of cargo by any mode. Each visible indication to the person acceptcargo-carrying body (trailer, rail car, ing the hazardous material for transetc.) is a separate transport vehicle. portation that a hazardous material is Transportation or transport means the present, on either an accompanying movement of property and loading, unshipping document, or the outside of a loading, or storage incidental to that transport vehicle, freight container, or movement. package. UFC means Uniform Freight Classi- Unintentional release means the esfication. cape of a hazardous material from a 105 § 171.8, Nt. 49 CFR Ch. I (10-1-06 Edition) package on an occasion not anticipated (and the Calculation of Dynamic Visor planned. This includes releases recosity)" or ASTM Method D 1200-70 sulting from collision, package fail- "Viscosity of Paints, Varnishes, and ures, human error, criminal activity, Lacquers by Ford Viscosity Cup." negligence, improper packing, or un- Volatility refers to the relative rate of usual conditions such as the operation evaporation of materials to assume the of pressure relief devices as a result of vapor state. over-pressurization, overfill or fire ex- Water reactive material. See § 173.124(c) posure. It does not include releases, of this subchapter. such as venting of packages, where al- Water resistant means having a degree lowed, and the operational discharge of of resistance to permeability by and contents from packages. damage caused by water in liquid form. Unit load device means any type of Wooden barrel means a packaging freight container, aircraft container, made of natural wood, of round crossaircraft pallet with a net, or aircraft section, having convex walls, conpallet with a net over an igloo. sisting of staves and heads and fitted United States means a State of the with hoops. United States, the District of Colum- Working pressure for purposes of UN bia, the Commonwealth of Puerto Rico, pressure receptacles, means the settled the Commonwealth of the Northern pressure of a compressed gas at a ref- Mariana Islands, the Virgin Islands, erence temperature of 15 °C (59 °F). American Samoa, Guam, or any other W.T. means watertight. territory or possession of the United States designated by the Secretary. [Amdt. 171-32, 41 FR 15994, Apr. 15. 1976] Unloading incidental to movement EDITORIAL NOTE: For FEDERAL REGISTER cimeans removing a packaged or contations affecting 171.8, see the List of CFR tainerized hazardous material from a Sections Affected which appears in the Findtransport vehicle, aircraft, or vessel, or ing Aids section of the printed volume and for a bulk packaging. emptying a hazon GPO Access. ardous material from the bulk pack- EFFECTIVE DATE NOTE: At 71 FR 3424, Jan. aging after the hazardous material has 23, 2006, $171.8 was amended by adding new been delivered to the consignee when definitions of "lighter" and "lighter refill". performed by carrier personnel or in effective Jan. 1, 2007. For the convenience of the user, the added text is set forth as folthe presence of carrier personnel or, in lows: the case of a private motor carrier, while the driver of the motor vehicle § 171.8 Definitions and abbreviations. from which the hazardous material is being unloaded immediately after movement is completed is present during the unloading operation. Lighter means a mechanically operated (Emptying a hazardous material from a flame-producing device employing an ignition device and containing a Class 3 or a Dibulk packaging while the packaging is vision 2.1 material. For design, capacity, and on board a vessel is subject to separate filling density requirements for lighters conregulations as delegated by Departtaining a Division 2.1 material, see $173.308. ment of Homeland Security Delegation Lighter refill means a pressurized container No. 0170.1 at 2(103).) Unloading incithat does not contain an ignition device but dental to movement includes does contain a release device and is intended transloading. for use as a replacement cartridge in a light- Vessel includes every description of er or to refill a lighter with a Division 2.1 watercraft, used or capable of being flammable gas fuel. For capacity limits, see $173.306(h) of this subchapter. used as a means of transportation on the water. * Viscous liquid means a liquid material which has a measured viscosity in excess of 2500 centistokes at 25 °C. (77 °F.) § 171.9 Rules of construction. when determined in accordance with (a) In this subchapter, unless the conthe procedures specified in ASTM text requires otherwise: Method D 445-72 "Kinematic Viscosity (1) Words imparting the singular inof Transparent and Opaque Liquids clude the plural: 106 Pipeline and Hazardous Materials Safety Admin., DOT § 171.11 (2) Words imparting the plural instandards, most units of measure in clude the singular; and this subchapter are expressed using the (3) Words imparting the masculine International System of Units ("SI" or gender include the feminine; metric). Where SI units appear, they (b) In this subchapter, the word: (1) are the regulatory standard. U.S. "Shall" is used in an imperative sense; standard or customary units, which ap- (2) "Must" is used in an imperative pear in parentheses following the SI sense; units, are for information only and are (3) "Should" is used in a recnot intended to be the regulatory ommendatory sense; standard. (4) "May" is used in a permissive sense to state authority or permission (b) Abbreviations for SI units of to do the act described, and the words measure generally used throughout "no person may or "a person this subchapter are as shown in paramay not means that no person is graph (c) of this section. Customary required, authorized, or permitted to units shown throughout this subdo the act described; and chapter are generally not abbreviated. (5) "Includes" is used as a word of in- (c) Conversion values. (1) Conversion clusion not limitation. values are provided in the following [Amdt. 171-32, 41 FR 15996, Apr. 15, 1976, as table and are based on values provided amended by Amdt. 171-32A, 41 FR 40630, Sept. in ASTM E 380, "Standard for Metric 20, 1976; Amdt. 171-121, 58 FR 51528, Oct. 1, Practice". 1993] (2) If an exact conversion is needed, § 171.10 Units of measure. the following conversion table should be used. (a) General. To ensure compatibility with international transportation TABLE OF CONVERSION FACTORS FOR SI UNITS Measurement SI to U.S. standard U.S. standard to SI Activity 1 TBq=27 Ci 1 Cl=0.037 TBq Length 1 cm=0.3937008 in 1 in=2.540000 cm 1 m=3.280840 ft 1 ft=0.3048000 m Thickness 1 mm=0.03937008 in 1 in=25.40000 mm Mass (weight) 1 kg=2.204622 lb 1 lb=0.4535924 kg 1 g=0.03527397 oz 1 oz=28.34952 g Pressure 1 kPa=0. 1450377 psi 1 psi=6.894757 kPa 1 Bar=100 kPa=14.504 psi 1 psi=0.06895 Bar 1 kPa=7.5 mm Hg Radiation level 1 Sv/hr=100 rem/hr 1 rem/hr=0.01 Sv/hr Volume (liquid) 1 L=0.2641720 gal 1 gal=3.785412 L 1 mL=0.03381402 OZ 1 oz=29.57353 mL 1 m³=35.31466 f13 1 fla=0.02831685 m3 Density 1 kg/m3=0.06242797 lb/ft3 1 ib/ft3=16.01846 kg/m³ Force 1 Newton = 0.2248 Pound-force 1 Pound-force=4.483 N Abbreviation for units of measure are as follows: Unit of measure and abbreviation: (St): millimeter, mm; centimeter, cm; meter, m; gram, g; kilogram, kg; kiloPascal, kPa; liter, L; milliliter, mL; cubic meter, m3; Terabecquerel, TBq: Gigabecquerel, GBq; millisievert, mSv; Newton, N; (U.S.): Inch, in; foot, ft; ounce, oz; pound, lb: psig, psi; gallon, gal; cubic feet, ft ³; Curie, Ci; millicurie, mCi; millirem, mrem. [Amdt. 171-111, 56 FR 66159, Dec. 20, 1991, as amended by Amdt. 171-136, 60 FR 49108, Sept. 21, 1995; Amdt. 171-135, 60 FR 50302, Sept. 28, 1995; 66 FR 33335, June 21, 2001; 66 FR 45378, Aug. 28, 2001; 68 FR 75740, Dec. 31, 2003] § 171.11 Use of ICAO Technical Inther before or after being transported structions. by aircraft, in accordance with the Notwithstanding the requirements of ICAO Technical Instructions (IBR, see parts 172 and 173 of this subchapter, a $171.7) if the hazardous material: hazardous material may be transported (a) Is packaged, marked, labeled, by aircraft, and by motor vehicle eiclassified, described and certified on a 107 § 171.11 49 CFR Ch. I (10-1-06 Edition) shipping paper and otherwise in a conshipping paper description must condition for shipment as required by the form to the requirements of $173.166(c) ICAO Technical Instructions; of this subchapter. (b) Is within the quantity limits pre- (6) For radioactive materials: scribed for transportation by either (i) Shipping papers for highway route passenger-carrying or cargo aircraft, as controlled quantity radioactive mateappropriate, as specified in the ICAO rials shipments must meet the require- Technical Instructions; ments of § 172.203(d)(10) of this sub- (c) Is not a forbidden material or chapter. package according to $173.21 of this (ii) Competent authority certifisubchapter; is not a forbidden material cation and any necessary revalidation as designated in Column (3) of the for Type B, Type B(U). Type B(M). and § 172.101 Table of this subchapter; and is fissile materials packages must be obnot forbidden by Column 9(A) of the tained from the appropriate authorities 172.101 Table of this subchapter when as specified in $173.471, 173.472 and transported on passenger aircraft, or is 173.473 of this subchapter, and all renot forbidden by Column 9(B) of the quirements of the certificates and re- $172.101 Table of this subchapter when validations must be met. transported by cargo aircraft. (iii) Except for limited quantities of (d) Fulfills the following additional Class 7 (radioactive) material, the prorequirements as applicable: visions of §§ 172.204(c)(4), 173.448(e), (f) (1) For a material that meets the defand (g)(3) of this subchapter apply. inition of a hazardous substance as de- (iv) Excepted packages of limited fined in this subchapter, the shipping quantities of radioactive material, inpaper and package markings must construments or articles, or articles conform to the provisions in 172.203(c) taining natural uranium or thorium, and 172.324, respectively, of this submust meet the provisions of $173.421, chapter. 173.424, or 173.426 of this subchapter, as (2) When a hazardous material, which appropriate. is subject to the requirements of the (v) Type A package contents shall be ICAO Technical Instructions, is also a limited in accordance with § 173.431 of hazardous waste as defined in this subthis subchapter. chapter: (vi) The definition for "radioactive (i) The word "Waste" must precede material" in § 173.403 of this subchapter the proper shipping name on shipping applies to radioactive materials transpapers and package markings; and ported under the provisions of this sec- (ii) It must comply with $172.205 with tion. respect to the hazardous waste mani- (7) If a United States variation is infests. dicated in the ICAO Technical Instruc- (3) When a hazardous material is not tions for any provision governing the subject to the requirements of the transport of the hazardous material, ICAO Technical Instructions, it must the hazardous material is transported be transported as required by this subin conformance with that variation. chapter. (8) Abbreviations may not be used in (4) When a hazardous material that is shipping paper entries or package regulated by this subchapter for transmarkings unless they are specifically portation by highway is transported by authorized by this subchapter. ICAO motor vehicle on a public highway class or division numbers are not conunder the provisions of this section, sidered to be abbreviations. the following requirements apply: (9) When a hazardous material, which (i) The motor vehicle must be placis subject to the requirements of the arded in accordance with subpart F of ICAO Technical Instructions, is a mapart 172 of this subchapter; and terial poisonous by inhalation (see (ii) The shipping paper may include $171.8 of this subchapter)- an indication that the shipment is (i) The shipping description must inbeing made under the provisions of this clude the words "Toxic Inhalation Hazsection or the letters "ICAO." ard" or "Poison-Inhalation Hazard" or (5) For air bag inflators, air bag mod- "Inhalation Hazard", as required in ules, or seat-belt pretensioners, the 172.203(m) of this subchapter; 108 Pipeline and Hazardous Materials Safety Admin., DOT § 171.11 (ii) The material must be packaged an overpack or outer packaging that in accordance with the requirements of satisfies the requirements of Special this subchapter; and Provision A52 in $172.102. (iii) The package must be marked in (17) A self-reactive substance that is accordance with $172.313 of this subnot identified by technical name in the chapter and labeled with "POISON IN- Self-reactive Materials Table in HALATION HAZARD" or "POISON $173.224(b) of this subchapter must be GAS", as appropriate, in accordance approved by the Associate Adminiswith subpart E of part 172 of this subtrator in accordance with the requirechapter. ments of $173.124(a)(2)(iii) of this sub- (10) Shipments of hazardous matechapter. An organic peroxide that is rials under this section must conform not identified by a technical name in to the requirements for emergency reany of the organic peroxide tables sponse information as prescribed in found in $173.225 of this subchapter subpart G of part 172 of this submust be approved by the Associate Adchapter. ministrator in accordance with the re- (11) Packages of Class 1 (explosive) materials must be marked in accordquirements of $173.128(d) of this subance with $172.320 of this subchapter. chapter. (12) If an ammonium nitrate fer- (18) Primary lithium batteries and tilizer or ammonium nitrate mixed fercells are forbidden for transportation tilizer, must not meet the definition aboard passenger-carrying aircraft. and criteria of a Class 1 (explosive) ma- Equipment containing or packed with terial. primary lithium batteries or cells are (13) Transportation of marine pollutforbidden from transport aboard pasants, as defined in $171.8 of this subsenger-carrying aircraft except as prochapter, in bulk packagings must convided in $172.102, Special Provision form to the requirements of §§ 172.203(1) A101 or A103, of this subchapter. Except and 172.322 of this subchapter. for primary lithium batteries and cells (14) Except as provided for limited that are contained in or packed with quantities of compressed gases in conequipment, packagings containing pritainers of not more than 4 fluid ounces mary lithium batteries and cells that capacity under § 173.306(a)(1) of this meet the exceptions in $173.185(b) and subchapter, aerosols must meet the (c) of this subchapter must be marked definition for "Aerosol" in $171.8. In "PRIMARY LITHIUM BATTERIESaddition, an aerosol must be in a metal FORBIDDEN FOR TRANSPORT packaging if the packaging exceeds 7.22 ABOARD PASSENGER AIRCRAFT" cubic inches. and may be transported aboard cargo- (15) A chemical oxygen generator, inonly aircraft. cluding when fitted in protective (19) [Reserved] breathing equipment or other appa- (20) Cylinders (including UN pressure ratus, is forbidden for transportation receptacles) transported to, from, or aboard a passenger-carrying aircraft within the United States must conform and must be approved, classed, deto the applicable requirements of this scribed and packaged in accordance with the requirements of this subsubchapter. Unless otherwise excepted chapter for transportation on cargoin this subchapter, a cylinder may not only aircraft. A chemical oxygen genbe transported unless; erator that has been used or spent is (i) The cylinder is manufactured, inalso forbidden for transportation on a spected and tested in accordance with a passenger aircraft and cargo aircraft DOT specification or a UN standard only. prescribed in part 178 of this sub- (16) A cylinder containing Oxygen, chapter, except that cylinders not concompressed, may not be transported on forming to these requirements must a passenger-carrying aircraft or in an meet the requirements in § 173.301(j), inaccessible cargo location aboard a (k) or (1) of this subchapter; cargo-only aircraft unless it is pack- (ii) The cylinder is equipped with a aged as required by Part 173 and Part pressure relief device in accordance 178 of this subchapter and is placed in with $173.301(f) of this subchapter and 109 § 171.11, Nt. 49 CFR Ch. I (10-1-06 Edition) conforms to the applicable requirevide the initial carrier in the United ments in part 173 for the hazardous ma- States the certificate of compliance reterial involved; quired by $172.204 of this subchapter. (iii) For an aluminum cylinder in OX- The carrier may not accept the mateygen service, except when used aboard rial for transportation unless the rean aircraft in accordance with the apquired certification is provided. All plicable airworthiness requirements shipping paper information required and operating regulations, the cylinder under paragraph (b) or (d) of this secopenings conform to the requirements tion must be in English. in this paragraph. For a DOT specifica- (b) IMDG Code. The IMDG Code (IBR, tion cylinder (e.g. 3AL), the opening see $171.7) sets forth descriptions, clasmust be configured with straight (parsifications, packagings, labeling and allel) threads. A UN pressure recepvessel stowage requirements. Notwithtacle may have straight (parallel) or standing the provisions of this subtapered threads provided the UN preschapter, a material that is packaged, sure receptacle is marked with the marked, classed, labeled, placarded, dethread type (e.g. "17E, 25E. 18P or 25P") scribed, stowed and segregated, and and fitted with the properly marked certified (including a container packvalve; and ing certification, if applicable) in ac- (iv) The UN pressure receptacle is cordance with the IMDG Code, and othmarked with "USA" as a country of erwise conforms to the requirements of approval in conformance with $$178.69 this section, may be offered and acceptand 178.70 of this subchapter. ed for transportation and transported within the United States. The fol- [Amdt. 171-69, 47 FR 54821, Dec. 6, 1982] lowing conditions and limitations EDITORIAL NOTE: For FEDERAL REGISTER ciapply: tations affecting $171.11, see the List of CFR (1) The provisions of this paragraph Sections Affected which appears in the Find- (b) apply only if all or part of the ing Aids section of the printed volume and on GPO Access. transportation is by vessel. (2) A number of materials listed in EFFECTIVE DATE NOTE: At 71 FR 3425. Jan. the IMDG Code are not subject to the 23, 2006, $171.11 was amended by adding a new requirements of this subchapter. The paragraph (19) to paragraph (d), effective Jan. 1, 2007. For the convenience of the user, provisions of this subchapter do not the added text is set forth as follows: apply to materials listed in the IMDG Code which are not designated as haz- $171.11 $ Use of ICAO Technical Instructions. ardous materials under this subchapter. These materials may, how- * * ever, be transported in the U.S. when described, marked and labeled in ac- (d) (19) Lighters and lighter refills containing cordance with the IMDG Code. Division 2.1 or Class 3 materials (see $171.8 of (3) A material that is designated as a this subchapter) must conform to the rehazardous material under this subquirements of this subchapter. chapter, but is not subject to the requirements of the IMDG Code (see $171.12 Import and export shipments. $171.12 of this subchapter) may not be (a) Importer's responsibility. Except in transported under the provisions of the case of a shipment from Canada this section and is subject to the reconforming to $171.12a of this subquirements of this subchapter. Examchapter, each person importing a hazples of such materials include flamardous material into the United States mable gas powered vehicles and comshall provide the shipper and the forbustible liquids. warding agent at the place of entry (4) A forbidden material or package into the United States timely and comaccording to $173.21 of this subchapter plete information as to the requireor column 3 of the $172.101 table may ments of this subchapter that will not be transported under the provisions apply to the shipment of the material of this section. within the United States. The shipper, (5) Except for IBCs and UN portable directly or through the forwarding tanks intended for liquids or solids, agent at the place of entry, shall probulk packagings must conform to the 110 Pipeline and Hazardous Materials Safety Admin., DOT § 171.12 requirements of this subchapter. For numbers for the hazardous material, UN portable tanks, Special Provisions regardless of the total quantity con- TP37, TP38, TP44 and TP45 must be tained in the transport vehicle or met when applicable. Except as specifreight container, in the manner specified in paragraph (b)(8) of this section fied in $172.313(c) of this subchapter for a material poisonous (toxic) by inand placarded as required by subpart F halation (see $171.8 of this subchapter), of this subchapter; the T Codes specified for specific haz- (vi) A package, freight container, or ardous materials in Column 13 of the transport vehicle may be placarded in Dangerous Goods List of the IMDG conformance with IMDG Code placard Code may be applied to the transporspecifications for "Class 2.3" or "Class tation of those materials in IM, IMO 6.1", as appropriate, in place of the and DOT Specification 51 portable POISON GAS or POISON INHALATION tanks when these portable tanks are HAZARD placard required by paraauthorized in accordance with the regraph (b)(8)(iv) of this section when quirements of this subchapter. moving within a single port area, in- (6) For export, packagings must concluding contiguous harbor. form to the applicable requirements in (9) Class 7 materials must conform to 173.24, 173.24a and 173.28 of this subthe provisions of paragraph (d) of this chapter. section. (7) A Class 1 material must be classed (10) For a hazardous waste, as defined and approved under the procedures in in this subchaptersubpart C of part 173 of this subchapter (i) The word "Waste" must precede and conform to the requirements of the proper shipping name on shipping § 172.320 and part 176 of this subchapter. papers and packages; and (8) When a hazardous material, which (ii) The requirements of § 172.205 of is subject to the requirements of the this subchapter with respect to haz- IMDG Code, is a material poisonous by ardous waste manifests are applicable. inhalation (see $171.8 of this subchapter)- (11) A hazardous substance as defined (i) The shipping description must inin this subchapter must conform to the clude the words "Toxic Inhalation Hazrequirements of $$ 172.203(c) and 172.324 ard" or "Poison-Inhalation Hazard" or of this subchapter. "Inhalation Hazard", as required in (12) A poisonous material must con- § 172.203(m) of this subchapter; form to the requirements of § 172.203(m) (ii) The material must be packaged of this subchapter. in accordance with the requirements of (13) [Reserved] this subchapter; (14) Any ammonium nitrate fertilizer (iii) The package must be marked in or ammonium nitrate mixed fertilizer accordance with $172.313 $ of this submust not meet the definition and crichapter; teria of a Class 1 (explosive) material. (iv) Except as provided in paragraph (15) Cylinders (including UN pressure (b)(8)(v) of this section, the package receptacles) transported to, from, or must be labeled or placarded POISON within the United States must conform GAS or POISON INHALATION HAZto the applicable requirements of this ARD, as appropriate, in accordance subchapter. Unless otherwise excepted with subparts E and F of this subin this subchapter, a cylinder may not chapter; be transported unless; (v) A label or placard that conforms (i) The cylinder is manufactured, into IMDG Code specifications for a spected and tested in accordance with a "Class 2.3" or "Class 6.1" label or DOT specification or a UN standard placard may be substituted for the prescribed in part 178 of this sub- POISON GAS or POISON INHALATION chapter, except that cylinders not con- HAZARD label or placard required by forming to these requirement must paragraph (b) (8) (iv) of this section on a meet the requirements in $173.301(j), package transported in a closed trans- (k) or (1) of this subchapter; port vehicle or freight container. The (ii) The cylinder is equipped with a transport vehicle or freight container pressure relief device in accordance must be marked with identification with $173.301(f) of this subchapter and 111 $ 171.12 49 CFR Ch. 1 (10-1-06 Edition) conforms to the applicable requirequirements of $173.128(d) of this subments in part 173 of this subchapter for chapter. the hazardous material involved; (21) No person may offer an IM or UN (iii) For an aluminum cylinder in OXportable tank containing liquid hazygen service used for other than airardous materials of Class 3, PG I or II, craft parts, the cylinder openings conor PG III with a flash point less than form to the requirements of this para- 100 °F (38 °C); Division 5.1, PG I or II; or graph. For a DOT specification cyl- Division 6.1, PG I or II, for unloading inder (e.g. DOT 3AL), the opening must while it remains on a transport vehicle be configured with straight (parallel) with the motive power unit attached, threads. A UN pressure receptacle may unless it conforms to the requirements have straight (parallel) or tapered in 177.834(o) of this subchapter. threads provided the cylinder is (22) Except for primary lithium batmarked with the thread type, e.g. "17E, teries and cells, packagings containing 25E, 18P. 25P" and fitted with the propprimary lithium batteries and cells erly marked valve; and that meet the exceptions in $173.185(b) (iv) The UN pressure receptacle is and (c) of this subchapter must be marked "PRIMARY LITHIUM BATmarked with "USA" as a country of TERIES-FORBIDDEN FOR TRANSapproval in conformance with $$178.69 PORT ABOARD PASSENGER AIRand 178.70 of this subchapter. CRAFT". (16) Shipments of hazardous mate- (c) Use of IMDG Code in port areas. rials under this section must conform Section 171.2 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.