65 SUBCHAPTER C—HAZARDOUS MATERIALS REGULATIONS PART 171—GENERAL INFORMA- TION, REGULATIONS, AND DEFI- NITIONS Sec. 171.1 Purpose and scope. 171.2 General requirements. 171.3 Hazardous waste. 171.4 Marine pollutants. 171.6 Control numbers under the Paperwork Reduction Act. 171.7 Reference material. 171.8 Definitions and abbreviations. 171.9 Rules of construction. 171.10 Units of measure. 171.11 Use of ICAO Technical Instructions. 171.12 Import and export shipments. 171.12a Canadian shipments and packagings. 171.14 Transitional provisions for imple- menting certain requirements. 171.15 Immediate notice of certain haz- ardous materials incidents. 171.16 Detailed hazardous materials inci- dent reports. 171.17–171.18 [Reserved] 171.19 Approvals or authorizations issued by the Bureau of Explosives. 171.20 Submission of Examination Reports. 171.21 Assistance in investigations and spe- cial studies. AUTHORITY: 49 U.S.C. 5101–5127; 49 CFR 1.53. § 171.1 Purpose and scope. (a) This subchapter prescribes re- quirements of the Department of Transportation governing— (1) The offering of hazardous mate- rials for transportation and transpor- tation of hazardous materials in inter- state, intrastate, and foreign com- merce by rail car, aircraft, motor vehi- cle, and vessel (except as delegated at § 1.46(t) of this title). (2) The representation that a haz- ardous material is present in a pack- age, container, rail car, aircraft, motor vehicle, or vessel. (3) The manufacture, fabrication, marking, maintenance, reconditioning, repairing, or testing of a packaging or container which is represented, marked, certified, or sold for use in transportation of hazardous materials. (4) The use of terms and symbols pre- scribed in this subchapter for the marking, labeling, placarding and de- scription of hazardous materials and packagings used in their transport. (b) Any person who, under contract with any department, agency, or in- strumentality of the executive, legisla- tive, or judicial branch of the Federal Government, transports, or causes to be transported or shipped, a hazardous material or manufactures, fabricates, marks, maintains, reconditions, re- pairs, or tests a package or container which is represented, marked, cer- tified, or sold by such person as quali- fied for use in the transportation of a hazardous material shall be subject to and comply with all provisions of the Federal hazardous materials transpor- tation law, all orders and regulations issued thereunder, and all other sub- stantive and procedural requirements of Federal, State, and local govern- ments and Indian tribes (except any such requirements that have been pre- empted by the Federal hazardous mate- rials transportation law or any other Federal law), in the same manner and to the same extent as any person en- gaged in such activities that are in or affect commerce is subject to such pro- visions, orders, regulations, and re- quirements. (c) Any person who knowingly vio- lates a requirement of the Federal haz- ardous material transportation law, an order issued thereunder, subchapter A, an exemption issued under subchapter A, of this subchapter, is liable for a civil penalty of not more than $25,000 ($27,500 for a violation that occurs after January 21, 1997) and not less than $250 for each violation. When the violation is a continuing one and involves the transporting of hazardous materials or the causing of them to be transported or shipped, each day of the violation constitutes a separate offense. Any per- son who knowingly violates § 171.2(g) of this subchapter or willfully violates a provision of the Federal hazardous ma- terial transportation law or an order or regulation issued thereunder shall be fined under Title 18, United States Code, or imprisoned for not more than 5 years, or both. [Amdt. 171–150, 62 FR 1215, Jan. 8, 1997, as amended by Amdt. 171–152, 62 FR 2977, Jan. 21, 1997; Amdt. 171–154, 62 FR 49566, Sept. 22, 1997; 65 FR 58618, Sept. 29, 2000] VerDate 11<MAY>2000 10:24 Dec 12, 2000 Jkt 190196 PO 00000 Frm 00065 Fmt 8010 Sfmt 8010 Y:\SGML\190196T.XXX pfrm03 PsN: 190196T
Transcript
65
SUBCHAPTER C—HAZARDOUS MATERIALS REGULATIONS
PART 171—GENERAL INFORMA-TION, REGULATIONS, AND DEFI-NITIONS
Sec.171.1 Purpose and scope.171.2 General requirements.171.3 Hazardous waste.171.4 Marine pollutants.171.6 Control numbers under the Paperwork
Reduction Act.171.7 Reference material.171.8 Definitions and abbreviations.171.9 Rules of construction.171.10 Units of measure.171.11 Use of ICAO Technical Instructions.171.12 Import and export shipments.171.12a Canadian shipments and packagings.171.14 Transitional provisions for imple-
menting certain requirements.171.15 Immediate notice of certain haz-
dent reports.171.17–171.18 [Reserved]171.19 Approvals or authorizations issued by
the Bureau of Explosives.171.20 Submission of Examination Reports.171.21 Assistance in investigations and spe-
cial studies.
AUTHORITY: 49 U.S.C. 5101–5127; 49 CFR 1.53.
§ 171.1 Purpose and scope.(a) This subchapter prescribes re-
quirements of the Department ofTransportation governing—
(1) The offering of hazardous mate-rials for transportation and transpor-tation of hazardous materials in inter-state, intrastate, and foreign com-merce by rail car, aircraft, motor vehi-cle, and vessel (except as delegated at§ 1.46(t) of this title).
(2) The representation that a haz-ardous material is present in a pack-age, container, rail car, aircraft, motorvehicle, or vessel.
(3) The manufacture, fabrication,marking, maintenance, reconditioning,repairing, or testing of a packaging orcontainer which is represented,marked, certified, or sold for use intransportation of hazardous materials.
(4) The use of terms and symbols pre-scribed in this subchapter for themarking, labeling, placarding and de-scription of hazardous materials andpackagings used in their transport.
(b) Any person who, under contractwith any department, agency, or in-strumentality of the executive, legisla-tive, or judicial branch of the FederalGovernment, transports, or causes tobe transported or shipped, a hazardousmaterial or manufactures, fabricates,marks, maintains, reconditions, re-pairs, or tests a package or containerwhich is represented, marked, cer-tified, or sold by such person as quali-fied for use in the transportation of ahazardous material shall be subject toand comply with all provisions of theFederal hazardous materials transpor-tation law, all orders and regulationsissued thereunder, and all other sub-stantive and procedural requirementsof Federal, State, and local govern-ments and Indian tribes (except anysuch requirements that have been pre-empted by the Federal hazardous mate-rials transportation law or any otherFederal law), in the same manner andto the same extent as any person en-gaged in such activities that are in oraffect commerce is subject to such pro-visions, orders, regulations, and re-quirements.
(c) Any person who knowingly vio-lates a requirement of the Federal haz-ardous material transportation law, anorder issued thereunder, subchapter A,an exemption issued under subchapterA, of this subchapter, is liable for acivil penalty of not more than $25,000($27,500 for a violation that occurs afterJanuary 21, 1997) and not less than $250for each violation. When the violationis a continuing one and involves thetransporting of hazardous materials orthe causing of them to be transportedor shipped, each day of the violationconstitutes a separate offense. Any per-son who knowingly violates § 171.2(g) ofthis subchapter or willfully violates aprovision of the Federal hazardous ma-terial transportation law or an order orregulation issued thereunder shall befined under Title 18, United StatesCode, or imprisoned for not more than5 years, or both.
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49 CFR Ch. I (10–1–00 Edition)§ 171.2
§ 171.2 General requirements.(a) No person may offer or accept a
hazardous material for transportationin commerce unless that person is reg-istered in conformance with subpart Gof part 107 of this chapter, if applicable,and the hazardous material is properlyclassed, described, packaged, marked,labeled, and in condition for shipmentas required or authorized by applicablerequirements of this subchapter, or anexemption, approval or registrationissued under this subchapter or sub-chapter A of this chapter.
(b) No person may transport a haz-ardous material in commerce unlessthat person is registered in conform-ance with subpart G of part 107 of thischapter, if applicable, and the haz-ardous material is handled and trans-ported in accordance with applicablerequirements of this subchapter, or anexemption, approval or registrationissued under this subchapter or sub-chapter A of this chapter.
(c) No person may represent, mark,certify, sell, or offer a packaging orcontainer as meeting the requirementsof this subchapter or an exemption, ap-proval or registration issued under thissubchapter or subchapter A of thischapter, governing its use in the trans-portation in commerce of a hazardousmaterial, whether or not it is used orintended to be used for the transpor-tation of a hazardous material, unlessthe packaging or container is manufac-tured, fabricated, marked, maintained,reconditioned, repaired and retested, asappropriate, in accordance with appli-cable requirements of this subchapter,or an exemption, approval or registra-tion issued under this subchapter orsubchapter A of this chapter.
(d) The representations, markings,and certifications subject to the prohi-bitions of paragraph (c) of this sectioninclude, but are not limited to—
(1) Specification identifications thatinclude the letters ‘‘ICC,’’ ‘‘DOT,’’‘‘CTC,’’ ‘‘MC,’’ or ‘‘UN’’;
(2) Exemption, approval, and reg-istration numbers that include the let-ters ‘‘DOT,’’ ‘‘EX,’’ ‘‘M,’’ or ‘‘R’’; and
(3) Test dates associated with speci-fication, registration, approval, retest
or exemption markings indicatingcompliance with a test or retest re-quirement of this subchapter, or an ex-emption, an approval or a registrationissued under this subchapter or sub-chapter A of this chapter.
(e) When a person performs a func-tion covered by or having an effect ona specification prescribed in part 178,179 or 180 of this subchapter, an ap-proval issued under this subchapter, oran exemption issued under subpart B ofthis chapter, that person must performthe function in accordance with thatspecification, approval, or exemption,as appropriate.
(f) No person shall, by marking orotherwise, represent that—
(1) A container or package for thetransportation of hazardous materialsis safe, certified, or in compliance withthe requirements of this title unless itmeets the requirements of all applica-ble regulations issued under the Fed-eral hazardous material transportationlaw; or
(2) A hazardous material is present ina package, container, motor vehicle,rail car, aircraft, or vessel, if the haz-ardous material is not present.
(g) No person shall unlawfully alter,remove, deface, destroy, or otherwisetamper with—
(1) Any marking, label, placard, ordescription on a document required bythe Federal hazardous material trans-portation law, or the regulations issuedthereunder; or
(2) Any package, container, motor ve-hicle, rail car, aircraft, or vessel usedfor the transportation of hazardousmaterials.
(h) No person shall—(1) Falsify or alter an exemption, ap-
proval, registration or other grant ofauthority issued under this subchapteror subchapter A of this chapter; or
(2) Offer a hazardous material fortransportation or transport a haz-ardous material in commerce, or rep-resent, mark, certify, or sell a pack-aging or container, under a false or al-tered exemption, approval, registrationor other grant of authority issued
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Research and Special Programs Admin., DOT § 171.6
under this subchapter or subchapter Aof this chapter.
§ 171.3 Hazardous waste.(a) No person may offer for transpor-
tation or transport a hazardous waste(as defined in § 171.8 of this subchapter)in interstate or intrastate commerceexcept in accordance with the require-ments of this subchapter.
(b) No person may accept for trans-portation, transport, or deliver a haz-ardous waste for which a manifest isrequired unless that person:
(1) Has marked each motor vehicleused to transport hazardous waste inaccordance with § 390.21 or § 1058.2 ofthis title even though placards maynot be required;
(2) Complies with the requirementsfor manifests set forth in § 172.205 ofthis subchapter; and
(3) Delivers, as designated on themanifest by the generator, the entirequantity of the waste received from thegenerator or a transporter to:
(i) The designated facility or, if notpossible, to the designated alternate fa-cility;
(ii) The designated subsequent car-rier; or
(iii) A designated place outside theUnited States.
NOTE: Federal law specifies penalties up to$250,000 fine for an individual and $500,000 fora company and 5 years imprisonment for thewillful discharge of hazardous waste at otherthan designated facilities. 49 U.S.C. 5124.
(c) If a discharge of hazardous wasteor other hazardous material occursduring transportation, and an officialof a State or local government or aFederal agency, acting within thescope of his official responsibilities, de-termines that immediate removal ofthe waste is necessary to prevent fur-ther consequence, that official may au-thorize the removal of the waste with-out the preparation of a manifest.[NOTE: In such cases, EPA does not re-
quire carriers to have EPA identifica-tion numbers.]
NOTE 1: EPA requires shippers (generators)and carriers (transporters) of hazardouswastes to have identification numbers whichmust be displayed on hazardous waste mani-fests. See 40 CFR parts 262 and 263. (Identi-fication number application forms may beobtained from EPA regional offices.)
NOTE 2: In 40 CFR part 263, the EPA setsforth requirements for the cleanup of re-leases of hazardous wastes.
(a) Except as provided in paragraph(c) of this section, no person may offerfor transportation or transport a ma-rine pollutant, as defined in § 171.8, inintrastate or interstate commerce ex-cept in accordance with the require-ments of this subchapter.
(b) The requirements of this sub-chapter for the transportation of ma-rine pollutants are based on the provi-sions of Annex III of the 1973 Inter-national Convention for Prevention ofPollution from Ships, as modified bythe Protocol of 1978 (MARPOL 73/78).
(c) Exceptions. Except when trans-ported aboard vessel, the requirementsof this subchapter specific to marinepollutants do not apply to non-bulkpackagings transported by motor vehi-cles, rail cars or aircraft.
§ 171.6 Control numbers under the Pa-perwork Reduction Act.
(a) Purpose and scope. This sectioncollects and displays the control num-bers assigned to the HMR collections ofinformation by the Office of Manage-ment and Budget (OMB) under the Pa-perwork Reduction Act of 1995. Thissection complies with the requirementsof 5 CFR 1320.7(f), 1320.12, 1320.13 and1320.14 (OMB regulations implementingthe Paperwork Reduction Act of 1995)
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49 CFR Ch. I (10–1–00 Edition)§ 171.6
for the display of control numbers as-signed by OMB to collections of infor-mation of the HMR.
(b) OMB control numbers. The table inparagraph (b)(2) of this section setsforth the control numbers assigned tocollection of information in the HMRby the Office of Management and Budg-et (OMB) under the Paperwork Reduc-tion Act of 1995.
(1) Column 1 lists the OMB controlnumber assigned to the HMR collec-tions of information. Column 2 con-tains the Report Title of the approvedcollection of information. Column 3lists the part(s) or section(s) in 49 CFRidentified or described in the collectionof information.
(2) Table.
Current OMBcontrol No. Title Title 49 CFR part or section where identified
§ 171.7 Reference material.(a) Matter incorporated by reference—
(1) General. There is incorporated, byreference in parts 170–189 of this sub-chapter, matter referred to that is notspecifically set forth. This matter ishereby made a part of the regulationsin parts 170–189 of this subchapter. Thematter subject to change is incor-porated only as it is in effect on thedate of issuance of the regulation refer-ring to that matter. The material list-ed in paragraph (a)(3) has been ap-proved for incorporation by referenceby the Director of the Federal Reg-ister. Material is incorporated as it ex-ists on the date of the approval and anotice of any change in the materialwill be published in the FEDERAL REG-ISTER. Matters referenced by footnoteare included as part of the regulationsof this subchapter.
(2) Accessibility of materials. All incor-porated matter is available for inspec-tion at:
(i) The Dockets Branch, room 8419,NASSIF Building, 400 7th Street, SW.,Washington, DC 20590; and
(ii) The Office of the Federal Reg-ister, 800 North Capitol Street, NW.,suite 700, Washington, DC.
(3) Table of material incorporated byreference. The following table sets forthmaterial incorporated by reference.The first column lists the name and ad-dress of the organization from whichthe material is available and the nameof the material. The second columnlists the section(s) of this subchapter,other than § 171.7, in which the matteris referenced. The second column ispresented for information only andmay not be all inclusive.
Source and name of material 49 CFR reference
Air Transport Association of America, 1301 Pennsylvania Avenue, N.W., Washington, DC 20004–1707ATA 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..46and 178.65
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49 CFR Ch. I (10–1–00 Edition)§ 171.7
Source and name of material 49 CFR reference
American National Standards Institute, Inc.,1430 Broadway, New York, NY 10018
ANSI/ASHRAE 15–94, Safety Code for Mechanical Refrigeration ................................................................. 173.306ANSI B16.5–77, Steel Pipe Flanges, Flanged Fittings ................................................................................... 178.345; 178.360ANSI N14.1 Standard for Packaging of Uranium Hexafluoride for Transport, 1971, 1982, 1987 and 1990
Editions.173.417; 173.420
American Pyrotechnics Association (APA),P.O. Box 213, Chestertown, MD 21620
APA Standard 87–1, Standard for Construction and Approval for Transportation of Fireworks, Novelties,and Theatrical Pyrotechnics, January 23, 1998 version.
173.56
American Society of Mechanical Engineers,United Engineering Center, 354 47th Street, New York, NY 10017
ASME Code, Sections II (Parts A and B), V, VIII (Division 1), and IX of 1998 Edition of American Societyof Mechanical Engineers Boiler and Pressure Vessel Code.
ASME Code, Section V (FR Nondestructive Examination), 1977 ................................................................... 180.407ASME Code, Section IX (FR Welding and Brazing Qualification), 1977 and Addendum (1979) .................. 178.245; 178.270;
178.337; 178.338American Society for Testing and Materials,
100 Barr Harbor Drive, West Conshohocken, PA 19428
Noncurrent ASTM Standards are available from: Engineering Societies Library, 354 E. 47th Street,New York, NY 10017
ASTM A 20/A 20M–93a Standard Specification for General Requirements for Steel Plates for PressureVessels.
178.337–2;179.102–4;179.102–17.
ASTM A 47–68 Malleable Iron Castings ....................................................................................................... 179.200ASTM A 240/A 240M–94b Standard Specification for Heat-Resisting Chromium and Chromium-Nickel
Stainless Steel Plate, Sheet and Strip for Pressure Vessels.178.57; 178.358–5;
ASTM A 242–81 Standard Specification for High-Strength Low-Alloy Structural Steel ............................... 179.100ASTM A 262–93a Standard Practices for Detecting Susceptibility to Intergranular Attack in Austenitic
Stainless Steels.179.100–7;
179.200–7;179.201–4.
ASTM A 300–58 Steel Plates for Pressure Vessels for Service at Low Temperatures .............................. 178.337ASTM A 302/A 302M–93 Standard Specification for Pressure Vessel Plates, Alloy Steel, Manganese-Mo-
lybdenum and Manganese-Molybdenum Nickel.179.100–7;
179.200–7;179.220–7.
ASTM A 333–67 Seamless and Welded Steel Pipe for Low-Temperature Service .................................... 178.45ASTM A 366/A 366M–91 (1993)e1 Standard Specification for Steel, Sheet, Carbon, Cold-Rolled, Com-
mercial Quality.178.601
ASTM A 370–94 Standard Test Methods and Definitions for Mechanical Testing of Steel Products ........... 179.102–1;179.102–4;179.102–17.
ASTM A 388–67 Ultrasonic Testing and Inspection of Heavy Steel Forging .............................................. 178.45ASTM A 441–81 Standard Specification for High-Strength Low-Alloy Structural Manganese Vanadium
Steel.178.338
ASTM A 514–81 Standard Specification for High-Yield Strength Quenched and Tempered Alloy SteelPlate, Suitable for Welding.
178.338
ASTM A 516/A 516M–90 Standard Specification for Pressure Vessel Plates, Carbon Steel, for Moderateand Lower- Temperature Service.
ASTM A 537/A 537M–91 Standard Specification for Pressure Vessel Plates, Heat-Treated, Carbon-Man-ganese-Silicon Steel.
179.100–7;179.102–4;179.102–17.
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Source and name of material 49 CFR reference
ASTM A 568/A 568M–95 Standard Specification for Steel, Sheet, Carbon, and High-Strength, Low-Alloy,Hot-Rolled and Cold-Rolled, General Requirements for.
178.601
ASTM A 572–82 Standard Specification for High-Strength Low-Alloy Columbian-Vanadium Steels ofStructural Quality.
178.338; 179.100
ASTM A 588–81 Standard Specification for High-Strength Low-Alloy Structural Steel with 50 Ksi Min-imum Yield Point to 4 in. Thick.
179.100; 178.338
ASTM A 606–75 Standard Specification for Steel Sheet and Strip Hot-Rolled and Cold-Rolled, High-Strength, Low-Alloy, with Improved Atmospheric Corrosion Resistance, 1975 (Reapproved 1981).
178.338
ASTM A 612–72a High Strength Steel Plates for Pressure Vessels for Moderate and Lower Tempera-ture Service.
178.337
ASTM A 633–79a Standard Specification for Normalized High-Strength Low-Alloy Structural Steel, 1979Edition.
178.338
ASTM A 715–81 Standard Specification for Steel Sheet and Strip, Hot-Rolled, High-Strength, Low-Alloywith Improved Formability, 1981.
178.338
ASTM B 162–93a Standard Specification for Nickel Plate, Sheet, and Strip ................................................. 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 557–84 Tension Testing Wrought and Cast Aluminum and Magnesium-Alloy Products ................ 178.46.ASTM B 580–79 Standard Specification for Anodie Oxide Coatings on Aluminum, 1979 .......................... 173.316; 173.318ASTM D 56–97a Standard Test Method for Flash Point by Tag Closed Tester ......................................... 173.120ASTM D 93–97 Standard Test Methods for Flash Point by Pensky-Martens Closed Cup Tester .............. 173.120ASTM D 445–88 Kinematic Viscosity of Transparent and Opaque Liquids (and the Calculation of Dy-
namic Viscosity).171.8
ASTM D 1200–88 Viscosity by Ford Viscosity Cup ...................................................................................... 171.8ASTM D 1838–64 Copper Strip Corrosion by Liquefied Petroleum (LP) Gases ......................................... 173.315ASTM D 3278–96 Standard Test Methods for Flash Point of Liquids by Small Scale Closed-Cup Appa-
ratus.173.120
ASTM D 3828–97, Standard Test Methods for Flash Point by Small Scale Closed Tester .......................... 173.120.ASTM D 4206–96 Standard Test Method for Sustained Burning of Liquid Mixtures Using the Small Scale
Open-Cup Apparatus.173.120.
ASTM D 4359–90 Standard Test Method for Determining Whether a Material is a Liquid or a Solid ........ 171.8ASTM E 8–89 Tension Testing of Metallic Materials .................................................................................... 178.36; 178.37;
ASTM E 23–60 Notched Bar Impact Testing of Metallic Materials .............................................................. 178.57; 179.400ASTM E 112–88 Standard Test Methods for Determining Average Grain Size ............................................ 178.44.ASTM E 290–92 Standard Test Method for Semi-Guided Bend Test for Ductility of Metallic Materials ....... 178.46.ASTM E 681–85 Standard Test Method for Concentration Limits of Flammability of Chemicals ............... 173.115ASTM G 23–69 Standard Recommended Practice for Operating Light-and-Water Exposure Apparatus
(Carbon-Arc Type) for Exposure of Nonmetallic Materials.172.407; 172.519
ASTM G 26–70 Standard Recommended Practice for Operating Light-and-Water Exposure Apparatus(Xenon-Arc-Type) for Exposure of Nonmetallic Materials.
172.407; 172.519
ASTM G 31–72 (Reapproved 1995) Standard Practice for Laboratory Immersion Corrosion Testing ofMetals.
173.137
American Water Works Association,1010 Vermont Avenue, NW., Suite 810, Washington, DC 20005
550 N. W. Le Jeune Road, Miami, Florida 33126AWS Code B 3.0; Standard Qualification Procedure; 1972 (FRB 3.0–41, rev. May 1973) ........................... 178.356AWS Code D 1.0; Code for Welding in Building Construction (FR D 1.0–66) ............................................... 178.356Association of American Railroads,
American Railroads Building, 50 F Street, NW., Washington, DC 20001AAR Manual of Standards and Recommended Practices, Section C—Part III, Specifications for Tank
Cars, Specification M–1002, September 1992.173.31.
AAR Manual of Standards and Recommended Practices, Section C—Part III, Specifications for TankCars, Specification M–1002, September 1996.
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49 CFR Ch. I (10–1–00 Edition)§ 171.7
Source and name of material 49 CFR reference
AAR Manual of Standards and Recommended Practices, Section I, Specially Equipped Freight Car andIntermodal Equipment, 1988.
174.55; 174.63.
AAR Specifications for Design, Fabrication and Construction of Freight Cars, Volume 1, 1988 ................... 179.16.Chlorine Institute, Inc.,
2001 L Street, NW., Suite 506, Washington, DC 20036Type 11⁄2 JQ 225, Dwg, H51970, Revision D, April 5, 1989; or Type 11⁄2 JQ 225, Dwg. H50155, Revision
F, April 4, 1989.173.315
Section 3, Pamphlet 57, Emergency Shut-Off Systems for Bulk Transfer of Chlorine, 3rd Edition, October1997.
177.840
Standard Chlorine Angle Valve Assembly, Dwg. 104–8, July 1993 ............................................................... 178.337–9Excess Flow Valve with Removable Seat, Dwg. 101–7, July 1993 ............................................................... 178.337–8Excess Flow Valve with Removable Basket, Dwg. 106–6, July 1993 ............................................................ 178.337–8Standards for Housing and Manway Covers for Steel Cargo Tanks, Dwg. 137–3, September 1, 1982 ....... 178.337-10Compressed Gas Association, Inc.,
1725 Jefferson Davis Highway, Arlington, Virginia 22202CGA Pamphlet C–3, Standards for Welding and Brazing on Thinned Walled Containers, 1975 .................. 178.47; 178.50;
CGA Pamphlet C–5, Cylinder Service Life—Seamless Steel High Pressure Cylinders, 1991 ...................... 173.302CGA Pamphlet C–6, Standards for Visual Inspection of Steel Compressed Gas Cylinders, 1993 ............... 173.34; 180.519CGA Pamphlet C–6.1, Standards for Visual Inspection of High Pressure Aluminum Compressed Gas Cyl-
inders, 1995.173.34
CGA Pamphlet C–6.2, Guidelines for Visual Inspection and Requalification of Fiber Reinforced High Pres-sure Cylinders, 1988.
173.34
CGA Pamphlet C–6.3, Guidelines for Visual Inspection and Requalification of Low Pressure AluminumCompressed Gas Cylinders, 1991.
173.34
CGA Pamphlet C–7, A Guide for the Preparation of Precautionary Markings for Compressed Gas Con-tainers, appendix A, issued 1992 (6th Edition)..
172.400a
CGA Pamphlet C–8, Standard for Requalification of DOT–3HT Cylinder Design, 1985 ............................... 173.34CGA Pamphlet C–11, Recommended Practices for Inspection of Compressed Gas Cylinders at Time of
1994 (with the exception of paragraph 9.1.1.1).173.34
CGA Pamphlet S–1.2, Safety Relief Device Standards Part 2—Cargo and Portable Tanks for Com-pressed Gases, 1980.
173.315; 173.318
CGA Technical Bulletin TB–2, Guidelines for Inspection and Repair of MC–330 and MC–331 CargoTanks, 1980.
180.413
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 Classifica-tion Procedures, January 1998.
173.56
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 Drawings 178.356; 178.358USDOE, Material and Equipment Specification No. SP–9, Rev. 1, and Supplement—Fire Resistant Phe-
nolic Foam.178.356; 178.358
USDOE, ORO 651—Uranium Hexafloride; A Manual of Good Practices, Revision 6, 1991 edition ............. 173.417USDOE, KSS–471, November 30, 1986—Proposal for Modifications to U.S. Department of Transportation
Specification 21PF–1, Fire and Shock Resistant Phenolic Foam—Insulated Metal Overpack.178.358
General Services Administration,Specification Office, Rm. 6662, 7th and D Street, SW., Washington, DC 20407
Federal Specification RR–C–901C, Cylinders, Compressed Gas: High Pressure Steel DOT 3AA, and Alu-minum Applications, January 15, 1981 (Superseding RR–C–901B, August 1, 1967).
173.302; 173.304;173.336
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Research and Special Programs Admin., DOT § 171.7
Source and name of material 49 CFR reference
Health and Human ServicesCenters for Disease Control and Prevention, 1600 Clifton Road N.E., Atlanta GA 30333Also available from: Superintendent of Documents, Government Printing Office (GPO), HHS Publica-
tion No. (CDC) 93–8395, Biosafety in Microbiological and Biomedical Laboratories, 3rd Edition,May 1993, Section II
173.134
Institute of Makers of Explosives,1120 19th Street, Suite 310, Washington, DC 20036–3605
IME Safety Library Publication No. 22 (IME Standard 22), Recommendation for the Safe Transportationof Detonators in a Vehicle with Certain Other Explosive Materials, May 1993..
173.63, 177.835
International Atomic Energy Agency (IAEA),Wagramerstrasse 5, P.O. Box 100, A–1400, Vienna, Austria
Also available from: Unipub Incorporated, P.O. Box 433, New York, NY 10016IAEA, Regulations for the Safe Transport of Radioactive Materials, Safety Series No. 6, 1985 Edition (As
Amended 1990); Including 1985 Edition (Supplemented 1986 and 1988).171.12
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 Dis-tribution Organization, P.O. Box 60105, Chicago, IL 60660
Technical Instructions for the Safe Transport of Dangerous Goods by Air, DOC 9284–AN/905, 1999–2000Edition.
171.11; 172.401
International Maritime Organization (IMO),4 Albert Embankment, London, SE17SR, United Kingdom
or New York Nautical Instrument & Service Corporation, 140 W. Broadway, New York, NY 10013International Maritime Dangerous Goods (IMDG) Code, 1994 Consolidated Edition, as amended by
International Organization for Standardization,Case Postale 56, CH–1211, Geneve 20, SwitzerlandAlso available from: ANSI, 1430 Broadway, New York, NY 10018
ISO–82–1974(E) Steels Tensile Testing ....................................................................................................... 178.270–3ISO 535–1991(E) Paper and board—Determination of water absorptiveness—Cobb method ................... 178.516ISO 1496–3–1995(E) - Series 1 Freight Containers—Specification and Testing—Part 3: Tank Containers
for Liquids, Gases and Pressurized Dry Bulk.173.411
ISO–2431–1984(E) Standard Cup Method ................................................................................................... 173.121ISO 2592–1973(E) Petroleum products—Determination of flash and fire points—Cleveland open cup
method.173.120
ISO 2919–1980(E) - Sealed radioactive sources—Classification ................................................................... 173.469ISO 3036–1975(E) Board—Determination of puncture resistance ................................................................. 178.708ISO 3574–1986(E) Cold-reduced carbon steel sheet of commercial and drawing qualities .......................... 178.503ISO/TR 4826–1979(E) - Sealed radioactive sources—Leak test methods ..................................................... 173.469ISO 8115 Cotton bales—Dimensions and density, 1986 Edition ................................................................... 172.102ISO 9328–1—1991(E) Steel plates and strips for pressure purposes—Technical delivery conditions—Part
1: General requirements.173.137
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, 1992 Edi-tion.
180.413
National Fire Protection Association,Batterymarch Park, Quincy, MA 02269
NFPA Pamphlet No. 58—Standard for the Storage and Handling of Liquefied Petroleum Gases, 1979 ..... 173.315National Institute of Standards and Technology,
Department of Commerce, 5285 Port Royal Road, Springfield, VA 22151USDC, NBS Handbook H–28 (1957), 1957 Handbook of Screw-Thread Standards for Federal Services,
Part II, December 1966 Edition.178.45, 178.46
National Motor Freight Traffic Association, Inc.,Agent 1616 P Street, NW., Washington, DC 20036
National Motor Freight Classification NMF 100–I, 1982 ................................................................................. 177.841Organization for Economic Cooperation and Development (OECD)
OECD Publications and Information Center, 2001 L Street, Suite 700, Washington, DC 20036OECD Guideline for Testing of Chemicals, No.404 ‘‘Acute Dermal Irritation/Corrosion’’, 1992 ..................... 173.137Transport Canada,
TDG Canadian Government Publishing Center, Supply and Services, Canada, Ottawa, Ontario, Can-ada K1A 059.
Transportation of Dangerous Goods Regulations, 1 July 1985, SOR/85/77, incorporating the followingRegistration Numbers: SOR/85–314, SOR/85–585, SOR/85–609, SOR/86–526, SOR/88–635, SOR/87–335, SOR/87–186, SOR/89–39, SOR/89–294, SOR/90–847, SOR/91–711, SOR/91–712, SOR/92–447,SOR/92–600, SOR/93–203, SOR/93–274, SOR/93–525, SOR/94–146 and SOR/94–264 (English edi-tion), SOR/95–241, and SOR95–547.
171.12a; 172.401;172.502.
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49 CFR Ch. I (10–1–00 Edition)§ 171.8
Source and name of material 49 CFR reference
Truck Trailer Manufacturers Association,1020 Princess Street, Alexandria, Virginia 22314
TTMA RP No. 81, Performance of Spring Loaded Pressure Relief Valves on MC 306, MC 307, and MC312 Tanks, May 24, 1989 Edition.
178.345–10
TTMA RP No. 61–94, Performance of Manhole and/or Fill Opening Assemblies on MC 306 and DOT 406Cargo Tanks, December 28, 1994 Edition..
180.405
TTMA TB No. 107, Procedure for Testing Inservice, Unmarked, and/or Uncertified MC 306 Type CargoTank Manhole Covers, May 24, 1989 Edition.
180.405
United Nations,United Nations Sales Section, New York, NY 10017
UN Recommendations on the Transport of Dangerous Goods, Tenth Revised Edition (1997) ..................... 172.401; 172.407;UN Recommendations on the Transport of Dangerous Goods, Manual of Tests and Criteria, Second Re-
vised Edition, 1995.172.102, 173.21,
173.56 173.57,173.124 173.128,
173.166173.185.
(b) List of informational materials notrequiring incorporation by reference. Thematerials listed in this paragraph donot require approval for incorporation
by reference and are included for infor-mational purposes. These materialsmay be used as noted in those sectionsin which the material is referenced.
Source and name of material 49 CFR reference
Association of American Railroads,American Railroads Building, 50 F Street, NW., Washington, DC 20001
Hazardous Materials Systems (BOE), Association of American Railroads, American Railroads Build-ing, 50 F Street, NW., Washington, DC 20001
Fetterley’s Formula (The Determination of the Relief Dimensions for Safety Valves on Containers inwhich Liquefied gas is charged and when the exterior surface of the container is exposed to a tem-perature of 1,200 °F.).
173.315
Pamphlet 6, Illustrating Methods for Loading and Bracing Carload and Less-Than-Carload Shipments ofExplosives and Other Dangerous Articles, 1962.
174.55; 174.101;174.112; 174.115;174.290
Pamphlet 6A (includes appendix No. 1, October 1944 and appendix 2, December 1945), Illustrating Meth-ods for Loading and Bracing Carload and Less-Than-Carload Shipments of Loaded Projectiles, LoadedBombs, etc., 1943.
174.101; 174.290
Pamphlet 6C, Illustrating Methods for Loading and Bracing Trailers and Less-Than-Trailer Shipments ofExplosives and Other Dangerous Articles Via Trailer-on-Flatcar (TOFC) or Container-on-Flatcar(COFC), 1985.
174.55; 174.63;174.101; 174.112;174.115
Emergency Handling of Hazardous Materials in Surface Transportation, 1989 ............................................. 171.7National Association of Corrosion Engineers,
1440 South Creek, Houston, Texas 77084NACE Standard TM–01–69, Test Method Laboratory Corrosion Testing of Metals for the Process Indus-
tries, 1969.173.136
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 ci-tations affecting § 171.7, see the List of CFRSections Affected in the Finding Aids sec-tion of this volume.
§ 171.8 Definitions and abbreviations.
In this subchapter,
Aerosol means any non-refillable re-ceptacle containing a gas compressed,liquefied or dissolved under pressure,the sole purpose of which is to expel anonpoisonous (other than a Division 6.1Packing Group III material) liquid,paste, or powder and fitted with a self-
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75
Research and Special Programs Admin., DOT § 171.8
closing release device allowing the con-tents to be ejected by the gas.
Agricultural product means a haz-ardous material, other than a haz-ardous waste, whose end use directlysupports the production of an agricul-tural commodity including, but notlimited to a fertilizer, pesticide, soilamendment or fuel. An agriculturalproduct is limited to a material inClass 3, 8 or 9, Division 2.1, 2.2, 5.1, or6.1, or an ORM–D material.
Approval means a written authoriza-tion, including a competent authorityapproval, from the Associate Adminis-trator to perform a function for whichprior authorization by the AssociateAdministrator is required under sub-chapter C of this chapter.
Approved means approval issued orrecognized by the Department unlessotherwise specifically indicated in thissubchapter.
Asphyxiant gas means a gas which di-lutes or replaces oxygen normally inthe atmosphere.
Atmospheric gases means air, nitro-gen, oxygen, argon, krypton, neon andxenon.
Authorized Inspection Agency means:(1) A jurisdiction which has adoptedand administers one or more sectionsof the ASME Boiler and Pressure Ves-sel Code as a legal requirement and hasa representative serving as a memberof the ASME Conference Committee; or(2) an insurance company which hasbeen licensed or registered by the ap-propriate authority of a State of theUnited States or a Province of Canadato underwrite boiler and pressure ves-sel insurance in such State or Prov-ince.
Authorized Inspector means an Inspec-tor who is currently commissioned bythe National Board of Boiler and Pres-sure Vessel Inspectors and employed asan Inspector by an Authorized Inspec-tion Agency.
Bag means a flexible packaging madeof paper, plastic film, textiles, wovenmaterial or other similar materials.
Bar means 1 BAR = 100 kPa (14.5 psi).Barge means a non-selfpropelled ves-
sel.Bottle means an inner packaging hav-
ing a neck of relatively smaller crosssection than the body and an opening
capable of holding a closure for reten-tion of the contents.
Bottom shell means that portion of atank car tank surface, excluding thehead ends of the tank car tank, thatlies within two feet, measured circum-ferentially, of the bottom longitudinalcenter line of the tank car tank.
Box means a packaging with com-plete rectangular or polygonal faces,made of metal, wood, plywood, recon-stituted wood, fiberboard, plastic, orother suitable material. Holes appro-priate to the size and use of the pack-aging, for purposes such as ease of han-dling or opening, or to meet classifica-tion requirements, are permitted aslong as they do not compromise the in-tegrity of the packaging during trans-portation, and are not otherwise pro-hibited in this subchapter.
Break-bulk means packages of haz-ardous materials that are handled indi-vidually, palletized, or unitized for pur-poses of transportation as opposed tobulk and containerized freight.
Btu means British thermal unit.Bulk packaging means a packaging,
other than a vessel or a barge, includ-ing a transport vehicle or freight con-tainer, in which hazardous materialsare loaded with no intermediate formof containment and which has:
(1) A maximum capacity greater than450 L (119 gallons) as a receptacle for aliquid;
(2) A maximum net mass greaterthan 400 kg (882 pounds) and a max-imum capacity greater than 450 L (119gallons) as a receptacle for a solid; or
(3) A water capacity greater than 454kg (1000 pounds) as a receptacle for agas as defined in § 173.115 of this sub-chapter.
Bureau of Explosives means the Bu-reau of Explosives (B of E) of the Asso-ciation of American Railroads.
C means Celsius or Centigrade.Captain of the Port (COTP) means the
officer of the Coast Guard, under thecommand of a District Commander, sodesignated by the Commandant for thepurpose of giving immediate directionto Coast Guard law enforcement activi-ties within an assigned area. As used inthis subchapter, the term Captain of thePort includes an authorized representa-tive of the Captain of the Port.
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49 CFR Ch. I (10–1–00 Edition)§ 171.8
Carfloat means a vessel that operateson a short run on an irregular basis andserves one or more points in a portarea as an extension of a rail line orhighway over water, and does not oper-ate in ocean, coastwise, or ferry serv-ice.
Cargo aircraft only means an aircraftthat is used to transport cargo and isnot engaged in carrying passengers.For purposes of this subchapter, theterms cargo aircraft only, cargo-only air-craft and cargo aircraft have the samemeaning.
Cargo tank means a bulk packagingwhich:
(1) Is a tank intended primarily forthe carriage of liquids or gases and in-cludes appurtenances, reinforcements,fittings, and closures (for tank, see 49CFR 178.345–1(c), 178.337–1, or 178.338–1,as applicable);
(2) Is permanently attached to orforms a part of a motor vehicle, or isnot permanently attached to a motorvehicle but which, by reason of its size,construction or attachment to a motorvehicle is loaded or unloaded withoutbeing removed from the motor vehicle;and
(3) Is not fabricated under a speci-fication for cylinders, portable tanks,tank cars, or multi-unit tank cartanks.
Cargo tank motor vehicle means amotor vehicle with one or more cargotanks permanently attached to orforming an integral part of the motorvehicle.
Cargo vessel means: (1) Any vesselother than a passenger vessel; and
(2) Any ferry being operated underauthority of a change of character cer-tificate issued by a Coast Guard Offi-cer-in-Charge, Marine Inspection.
Carrier means a person engaged in thetransportation of passengers or prop-erty by:
(1) Land or water, as a common, con-tract, or private carrier, or
(2) Civil aircraft.CC means closed-cup.Character of vessel means the type of
service in which the vessel is engagedat the time of carriage of a hazardousmaterial.
Class means hazard class. See hazardclass.
Class 1. See § 173.50 of this subchapter.
Class 2. See § 173.115 of this sub-chapter.
Class 3. See § 173.120 of this sub-chapter.
Class 4. See § 173.124 of this sub-chapter.
Class 5. See § 173.128 of this sub-chapter.
Class 6. See § 173.132 of this sub-chapter.
Class 7. See § 173.403 of this sub-chapter.
Class 8. See § 173.136 of this sub-chapter.
Class 9. See § 173.140 of this sub-chapter.
Closure means a device which closesan opening in a receptacle.
COFC means container-on-flat-car.Combination packaging means a com-
bination of packaging, for transportpurposes, consisting of one or moreinner packagings secured in a non-bulkouter packaging. It does not include acomposite packaging.
Combustible liquid. See § 173.120 of thissubchapter.
Compatibility group letter means a des-ignated alphabetical letter used to cat-egorize different types of explosive sub-stances and articles for purposes ofstowage and segregation. See § 173.52 ofthis subchapter.
Competent Authority means a nationalagency responsible under its nationallaw for the control or regulation of aparticular aspect of the transportationof hazardous materials (dangerousgoods). The term Appropriate Authority,as used in the ICAO Technical Instruc-tions, has the same meaning as Com-petent Authority. For purposes of thissubchapter, the Associate Adminis-trator for Hazardous Materials Safetyis the Competent Authority for theUnited States.
Composite packaging means a pack-aging consisting of an outer packagingand an inner receptacle, so constructedthat the inner receptacle and the outerpackaging form an integral packaging.Once assembled it remains thereafteran integrated single unit; it is filled,stored, shipped and emptied as such.
Compressed gas. See § 173.115 of thissubchapter.
Consumer commodity means a materialthat is packaged and distributed in aform intended or suitable for sale
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Research and Special Programs Admin., DOT § 171.8
through retail sales agencies or instru-mentalities for consumption by indi-viduals for purposes of personal care orhousehold use. This term also includesdrugs and medicines.
Containership means a cargo vesseldesigned and constructed to transport,within specifically designed cells, port-able tanks and freight containerswhich are lifted on and off with theircontents intact.
Corrosive material. See § 173.136 of thissubchapter.
Crate means an outer packaging withincomplete surfaces.
Crewmember means a person assignedto perform duty in an aircraft duringflight time.
Cryogenic liquid. See § 173.115(g) ofthis subchapter.
Cylinder means a pressure vessel de-signed for pressures higher than 40 psiaand having a circular cross section. Itdoes not include a portable tank,multi-unit tank car tank, cargo tank,or tank car.
Dangerous when wet material. See§ 173.124 of this subchapter.
Design Certifying Engineer means aperson registered with the Departmentin accordance with subpart F of part107 of this chapter who has the knowl-edge and ability to perform stress anal-ysis of pressure vessels and to other-wise determine whether a cargo tankdesign and construction meets the ap-plicable DOT specification. In addition,Design Certifying Engineer means aperson who meets, at a minimum, anyone of the following:
(1) Has an engineering degree and oneyear of work experience in cargo tankstructural or mechanical design.
(2) Is currently registered as a profes-sional engineer by the appropriate au-thority of a State of the United Statesor a Province of Canada.
(3) Has at least three years experi-ence in performing the duties of a De-sign Certifying Engineer by September1, 1991, and was registered with the De-partment by December 31, 1995.
Designated facility means a hazardouswaste treatment, storage, or disposalfacility that has been designated onthe manifest by the generator.
District Commander means the Dis-trict Commander of the Coast Guard,or his authorized representative, who
has jurisdiction in the particular geo-graphical area.
Division means a subdivision of a haz-ard class.
DOD means the U.S. Department ofDefense.
Domestic transportation means trans-portation between places within theUnited States other than through a for-eign country.
Drum means a flat-ended or convex-ended cylindrical packaging made ofmetal, fiberboard, plastic, plywood, orother suitable materials. This defini-tion also includes packagings of othershapes made of metal or plastic (e.g.,round taper-necked packagings or pail-shaped packagings) but does not in-clude cylinders, jerricans, wooden bar-rels or bulk packagings.
Elevated temperature material means amaterial which, when offered for trans-portation or transported in a bulkpackaging:
(1) Is in a liquid phase and at a tem-perature at or above 100 °C (212 °F);
(2) Is in a liquid phase with a flashpoint at or above 37.8 °C (100 °F) that isintentionally heated and offered fortransportation or transported at orabove its flash point; or
(3) Is in a solid phase and at a tem-perature at or above 240 °C (464 °F).
Engine means a locomotive propelledby any form of energy and used by arailroad.
EPA means U.S. Environmental Pro-tection Agency.
Etiologic agent. See § 173.134 of thissubchapter.
EX number means a number precededby the prefix ‘‘EX’’, assigned by the As-sociate Administrator for HazardousMaterials Safety, to an item that hasbeen evaluated under the provisions of§ 173.56 of this subchapter.
Exemption means a document issuedunder the authority of 49 U.S.C. 5117 bythe Associate Administrator that au-thorizes a person to perform a functionthat is not otherwise authorized underthis subchapter, subchapter C, or otherregulations issued under 49 U.S.C. 5101–5127 (e.g., Federal Motor Carrier SafetyAdministration routing).
Explosive. See § 173.50 of this sub-chapter.
F means degree Fahrenheit.
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49 CFR Ch. I (10–1–00 Edition)§ 171.8
Farmer means a person engaged inthe production or raising of crops,poultry, or livestock.
Federal hazardous material transpor-tation law means 49 U.S.C. 5101 et seq.
Ferry vessel means a vessel which islimited in its use to the carriage ofdeck passengers or vehicles or both, op-erates on a short run on a frequentschedule between two points over themost direct water route, other than inocean or coastwise service, and is of-fered as a public service of a type nor-mally attributed to a bridge or tunnel.
Filling density has the followingmeanings:
(1) For compressed gases in cylinders,see § 173.304(a)(2) table note 1.
(2) For compressed gases in tankcars, see § 173.314(c) table note 1.
(3) For compressed gases in cargotanks and portable tanks, see§ 173.315(a) table note 1.
(4) For cryogenic liquids in cylinders,except hydrogen, see § 173.316(c)(1).
(5) For hydrogen, cryogenic liquid incylinders, see § 173.316(c)(3) table note 1.
(6) For cryogenic liquids in cargotanks, see § 173.318(f)(1).
(7) For cryogenic liquids in tank cars,see § 173.319(d)(1).
Flammable gas. See § 173.115 of thissubchapter.
Flammable liquid. See § 173.120 of thissubchapter.
Flammable solid. See § 173.124 of thissubchapter.
Flash point. See § 173.120 of this sub-chapter.
Freight container means a reusablecontainer having a volume of 64 cubicfeet or more, designed and constructedto permit being lifted with its contentsintact and intended primarily for con-tainment of packages (in unit form)during transportation.
Fuel tank means a tank other than acargo tank, used to transport flam-mable or combustible liquid, or com-pressed gas for the purpose of sup-plying fuel for propulsion of the trans-port vehicle to which it is attached, orfor the operation of other equipmenton the transport vehicle.
Fumigated lading. See §§ 172.302(g) and173.9.
Gas means a material which has avapor pressure greater than 300 kPa(43.5 psi) at 50 °C (122 °F) or is com-
pletely gaseous at 20 °C (68 °F) at astandard pressure of 101.3 kPa (14.7 psi).
Gross weight or Gross mass means theweight of a packaging plus the weightof its contents.
Hazard class means the category ofhazard assigned to a hazardous mate-rial under the definitional criteria ofpart 173 of this subchapter and the pro-visions of the § 172.101 table. A materialmay meet the defining criteria formore than one hazard class but is as-signed to only one hazard class.
Hazard zone means one of four levelsof hazard (Hazard Zones A through D)assigned to gases, as specified in§ 173.116(a) of this subchapter, and oneof two levels of hazards (Hazard ZonesA and B) assigned to liquids that arepoisonous by inhalation, as specified in§ 173.133(a) of this subchapter. A hazardzone is based on the LC50 value foracute inhalation toxicity of gases andvapors, as specified in § 173.133(a).
Hazardous material means a substanceor material, which has been determinedby the Secretary of Transportation tobe capable of posing an unreasonablerisk to health, safety, and propertywhen transported in commerce, andwhich has been so designated. The termincludes hazardous substances, haz-ardous wastes, marine pollutants, andelevated temperature materials as de-fined in this section, materials des-ignated as hazardous under the provi-sions of § 172.101 of this subchapter, andmaterials that meet the defining cri-teria for hazard classes and divisions inpart 173 of this subchapter.
Hazardous substance for the purposesof this subchapter, means a material,including its mixtures and solutions,that—
(1) Is listed in the appendix A to§ 172.101 of this subchapter;
(2) Is in a quantity, in one package,which equals or exceeds the reportablequantity (RQ) listed in the appendix Ato § 172.101 of this subchapter; and
(3) When in a mixture or solution—(i) For radionuclides, conforms to
paragraph 7 of the appendix A to§ 172.101.
(ii) For other than radionuclides, isin a concentration by weight whichequals or exceeds the concentrationcorresponding to the RQ of the mate-rial, as shown in the following table:
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The term does not include petroleum,including crude oil or any fractionthereof which is not otherwise specifi-cally listed or designated as a haz-ardous substance in appendix A to§ 172.101 of this subchapter, and theterm does not include natural gas, nat-ural gas liquids, liquefied natural gas,or synthetic gas usable for fuel (or mix-tures of natural gas and such syntheticgas).
Hazardous waste, for the purposes ofthis chapter, means any material thatis subject to the Hazardous WasteManifest Requirements of the U.S. En-vironmental Protection Agency speci-fied in 40 CFR part 262.
Hazmat employee means a person whois employed by a hazmat employer andwho in the course of employment di-rectly affects hazardous materialstransportation safety. This term in-cludes an owner-operator of a motorvehicle which transports hazardousmaterials in commerce. This term in-cludes an individual, including a self-employed individual, employed by ahazmat employer who, during thecourse of employment:
(1) Loads, unloads, or handles haz-ardous materials;
(2) Manufactures, tests, reconditions,repairs, modifies, marks, or otherwiserepresents containers, drums, or pack-agings as qualified for use in the trans-portation of hazardous materials;
(4) Is responsible for safety of trans-porting hazardous materials; or
(5) Operates a vehicle used to trans-port hazardous materials.
Hazmat employer means a person whouses one or more of its employees inconnection with: transporting haz-ardous materials in commerce; causinghazardous materials to be transportedor shipped in commerce; or rep-resenting, marking, certifying, selling,offering, manufacturing, recondi-tioning, testing, repairing, or modi-
fying containers, drums, or packagingsas qualified for use in the transpor-tation of hazardous materials. Thisterm includes an owner-operator of amotor vehicle which transports haz-ardous materials in commerce. Thisterm also includes any department,agency, or instrumentality of theUnited States, a State, a political sub-division of a State, or an Indian tribeengaged in an activity described in thefirst sentence of this definition.
Hermetically sealed means closed byfusion, gasketing, crimping, or equiva-lent means so that no gas or vapor canenter or escape.
IAEA means International AtomicEnergy Agency.
IATA means International Air Trans-port Association.
ICAO means International Civil Avia-tion Organization.
IMO means International MaritimeOrganization.
Infectious substance (etiologic agent).See § 173.134 of this subchapter.
Inner packaging means a packagingfor which an outer packaging is re-quired for transport. It does not in-clude the inner receptacle of a com-posite packaging.
Inner receptacle means a receptaclewhich requires an outer packaging inorder to perform its containment func-tion. The inner receptacle may be aninner packaging of a combinationpackaging or the inner receptacle of acomposite packaging.
Intermediate bulk container (IBC)means a rigid or flexible portable pack-aging, other than a cylinder or port-able tank, which is designed for me-chanical handling. Standards for inter-mediate bulk containers manufacturedin the United States are set forth insubparts N and O of part 178 of this sub-chapter.
Intermediate packaging means a pack-aging which encloses an inner pack-aging or article and is itself enclosed inan outer packaging.
Intermodal container means a freightcontainer designed and constructed topermit it to be used interchangeably intwo or more modes of transport.
Intermodal portable tank or IM portabletank means a specific class of portabletanks designed primarily for inter-national intermodal use.
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49 CFR Ch. I (10–1–00 Edition)§ 171.8
International transportation meanstransportation—
(1) Between any place in the UnitedStates and any place in a foreign coun-try;
(2) Between places in the UnitedStates through a foreign country; or
(3) Between places in one or more for-eign countries through the UnitedStates.
Irritating material. See § 173.132(a)(2) ofthis subchapter.
Jerrican means a metal or plasticpackaging of rectangular or polygonalcross-section.
Limited quantity, when specified assuch in a section applicable to a par-ticular material, means the maximumamount of a hazardous material forwhich there is a specific labeling orpackaging exception.
Liquid means a material, other thanan elevated temperature material, witha melting point or initial melting pointof 20 °C (68 °F) or lower at a standardpressure of 101.3 kPa (14.7 psi). A vis-cous material for which a specificmelting point cannot be determinedmust be subjected to the proceduresspecified in ASTM D 4359 ‘‘StandardTest Method for Determining Whethera Material is Liquid or Solid’’.
Liquid phase means a material thatmeets the definition of liquid whenevaluated at the higher of the tempera-ture at which it is offered for transpor-tation or at which it is transported,not at the 37.8 °C (100 °F) temperaturespecified in ASTM D 4359–84.
Magazine vessel means a vessel usedfor the receiving, storing, or dispensingof explosives.
Magnetic material. See § 173.21(d) ofthis subchapter.
Marine pollutant, means a materialwhich is listed in appendix B to § 172.101of this subchapter (also see § 171.4) and,when in a solution or mixture of one ormore marine pollutants, is packaged ina concentration which equals or ex-ceeds:
(1) Ten percent by weight of the solu-tion or mixture for materials listed inthe appendix; or
(2) One percent by weight of the solu-tion or mixture for materials that areidentified as severe marine pollutantsin the appendix.
Marking means a descriptive name,identification number, instructions,cautions, weight, specification, or UNmarks, or combinations thereof, re-quired by this subchapter on outerpackagings of hazardous materials.
Material of trade means a hazardousmaterial, other than a hazardouswaste, that is carried on a motor vehi-cle—
(1) For the purpose of protecting thehealth and safety of the motor vehicleoperator or passengers;
(2) For the purpose of supporting theoperation or maintenance of a motorvehicle (including its auxiliary equip-ment); or
(3) By a private motor carrier (in-cluding vehicles operated by a rail car-rier) in direct support of a principalbusiness that is other than transpor-tation by motor vehicle.
Material poisonous by inhalationmeans:
(1) A gas meeting the defining cri-teria in § 173.115(c) of this subchapterand assigned to Hazard Zone A, B, C, orD in accordance with § 173.116(a) of thissubchapter;
(2) A liquid (other than as a mist)meeting the defining criteria in§ 173.132(a)(1)(iii) of this subchapter andassigned to Hazard Zone A or B in ac-cordance with § 173.133(a) of this sub-chapter; or
(3) Any material identified as an in-halation hazard by a special provisionin column 7 of the § 172.101 table.
Maximum Allowable Working Pressureor MAWP For DOT specification cargotanks used to transport liquid haz-ardous materials, see § 178.345–1(k).
Maximum capacity means the max-imum inner volume of receptacles orpackagings.
Maximum net mass means the allow-able maximum net mass of contents ina single packaging, or as used in sub-part M of part 178 of this subchapter,the maximum combined mass of innerpackaging, and the contents thereof.
Metered delivery service means a cargotank unloading operation conducted ata metered flow rate of 378.5 liters (100gallons) per minute or less through anattached delivery hose with a nominalinside diameter of 3.175 centimeters(11⁄4 inches) or less.
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Miscellaneous hazardous material. See§ 173.140 of this subchapter.
Mixture means a material composedof more than one chemical compoundor element.
Mode means any of the followingtransportation methods; rail, highway,air, or water.
Motor vehicle includes a vehicle, ma-chine, tractor, trailer, or semitrailer,or any combination thereof, propelledor drawn by mechanical power andused upon the highways in the trans-portation of passengers or property. Itdoes not include a vehicle, locomotive,or car operated exclusively on a rail orrails, or a trolley bus operated by elec-tric power derived from a fixed over-head wire, furnishing local passengertransportation similar to street-rail-way service.
Name of contents means the propershipping name as specified in § 172.101of this subchapter.
Navigable waters means, for the pur-poses of this subchapter, waters of theUnited States, including the territorialseas.
Non-bulk packaging means a pack-aging which has:
(1) A maximum capacity of 450 L (119gallons) or less as a receptacle for aliquid;
(2) A maximum net mass of 400 kg(882 pounds) or less and a maximum ca-pacity of 450 L (119 gallons) or less as areceptacle for a solid; or
(3) A water capacity of 454 kg (1000pounds) or less as a receptacle for a gasas defined in § 173.115 of this sub-chapter.
Nonflammable gas. See § 173.115 of thissubchapter.
N.O.S. means not otherwise specified.N.O.S. description means a shipping
description from the § 172.101 tablewhich includes the abbreviation n.o.s.
NPT means an American Standardtaper pipe thread conforming to re-quirements of Federal Standard H28,part II, section VII. See § 171.7(d)(12).
NRC (non-reusable container) means apackaging (container) whose reuse isrestricted in accordance with the pro-visions of § 173.28 of this subchapter.
Occupationally exposed hazmat em-ployee means a hazmat employee whoseduties involve exposure to ionizing ra-diation.
Occupied caboose means a rail carbeing used to transport non-passengerpersonnel.
Officer in Charge, Marine Inspectionmeans a person from the civilian ormilitary branch of the Coast Guarddesignated as such by the Commandantand who under the supervision and di-rection of the Coast Guard DistrictCommander is in charge of a des-ignated inspection zone for the per-formance of duties with respect to theenforcement and administration oftitle 52, Revised Statutes, acts amend-atory thereof or supplemental thereto,rules and regulations thereunder, andthe inspection required thereby.
Offshore supply vessel means a cargovessel of less than 500 gross tons thatregularly transports goods, supplies orequipment in support of exploration orproduction of offshore mineral or en-ergy resources.
Operator means a person who controlsthe use of an aircraft, vessel, or vehi-cle.
Organic peroxide. See § 173.128 of thissubchapter.
ORM means other regulated mate-rial. See § 173.144 of this subchapter.
Outage or ullage means the amountby which a packaging falls short ofbeing liquid full, usually expressed inpercent by volume.
Outer packaging means the outermostenclosure of a composite or combina-tion packaging together with any ab-sorbent materials, cushioning and anyother components necessary to containand protect inner receptacles or innerpackagings.
Overpack, except as provided in sub-part K of part 178 of this subchapter,means an enclosure that is used by asingle consignor to provide protectionor convenience in handling of a pack-age or to consolidate two or morepackages. Overpack does not include atransport vehicle, freight container, oraircraft unit load device. Examples ofoverpacks are one or more packages:
(1) Placed or stacked onto a loadboard such as a pallet and secured bystrapping, shrink wrapping, stretchwrapping, or other suitable means; or
(2) Placed in a protective outer pack-aging such as a box or crate.
Oxidizer. See § 173.127 of this sub-chapter.
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Oxidizing gas means a gas which may,generally by providing oxygen, causeor contribute to the combustion ofother material more than air does.
Oxygen generator (chemical) means adevice containing chemicals that uponactivation release oxygen as a productof chemical reaction.
Package or Outside Package means apackaging plus its contents. For radio-active materials, see § 173.403 of thissubchapter.
Packaging means a receptacle andany other components or materialsnecessary for the receptacle to performits containment function in conform-ance with the minimum packing re-quirements of this subchapter. For ra-dioactive materials packaging, see§ 173.403 of this subchapter.
Packing group means a grouping ac-cording to the degree of danger pre-sented by hazardous materials. Pack-ing Group I indicates great danger;Packing Group II, medium danger;Packing Group III, minor danger. See§ 172.101(f) of this subchapter.
Passenger (With respect to vessels andfor the purposes of part 176 only) meansa person being carried on a vessel otherthan:
(1) The owner or his representative;(2) The operator;(3) A bona fide member of the crew
engaged in the business of the vesselwho has contributed no considerationfor his carriage and who is paid for hisservices; or
(4) A guest who has not contributedany consideration directly or indi-rectly for his carriage.
Passenger-carrying aircraft means anaircraft that carries any person otherthan a crewmember, company em-ployee, an authorized representative ofthe United States, or a person accom-panying the shipment.
Passenger vessel means—(1) A vessel subject to any of the re-
quirements of the International Con-vention for the Safety of Life at Sea,1974, which carries more than 12 pas-sengers;
(2) A cargo vessel documented underthe laws of the United States and notsubject to that Convention, which car-ries more than 16 passengers;
(3) A cargo vessel of any foreign na-tion that extends reciprocal privileges
and is not subject to that Conventionand which carries more than 16 pas-sengers; and
(4) A vessel engaged in a ferry oper-ation and which carries passengers.
Person means an individual, firm, co-partnership, corporation, company, as-sociation, joint-stock association, in-cluding any trustee, receiver, assignee,or similar representative thereof; orgovernment, Indian tribe, or agency orinstrumentality of any government orIndian tribe when it offers hazardousmaterial for transportation in com-merce or transports hazardous mate-rial to further a commercial enter-prise, but such term does not include:
(1) The United States Postal Service;(2) For the purposes of 49 U.S.C. 5123
and 5124, any agency or instrumen-tality of the Federal Government.
Placarded car means a rail car whichis placarded in accordance with the re-quirements of part 172 of this sub-chapter.
Poisonous gas. See § 173.115 of this sub-chapter.
Poisonous materials. See § 173.132 ofthis subchapter.
Portable tank means a bulk packaging(except a cylinder having a water ca-pacity of 1000 pounds or less) designedprimarily to be loaded onto, or on, ortemporarily attached to a transport ve-hicle or ship and equipped with skids,mountings, or accessories to facilitatehandling of the tank by mechanicalmeans. It does not include a cargotank, tank car, multi-unit tank cartank, or trailer carrying 3AX, 3AAX, or3T cylinders.
Preferred route or Preferred highway isa highway for shipment of highwayroute controlled quantities of radioactivematerials so designated by a Staterouting agency, and any InterstateSystem highway for which an alter-native highway has not been des-ignated by such State agency as pro-vided by § 397.103 of this title.
Primary hazard means the hazardclass of a material as assigned in the§ 172.101 table.
Private track or Private siding meanstrack located outside of a carrier’sright-of-way, yard, or terminals wherethe carrier does not own the rails, ties,roadbed, or right-of-way and includes
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track or portion of track which is de-voted to the purpose of its user eitherby lease or written agreement, inwhich case the lease or written agree-ment is considered equivalent to own-ership.
Proper shipping name means the nameof the hazardous material shown inRoman print (not italics) in § 172.101 ofthis subchapter.
P.s.i. or psi means pounds per squareinch.
P.s.i.a. or psia means pounds persquare inch absolute.
P.s.i.g. or psig means pounds persquare inch gauge.
Public vessel means a vessel owned byand being used in the public service ofthe United States. It does not include avessel owned by the United States andengaged in a trade or commercial serv-ice or a vessel under contract or char-ter to the United States.
Pyrophoric liquid. See § 173.124(b) ofthis subchapter.
Radioactive materials. See § 173.403 ofthis subchapter for definitions relatingto radioactive materials.
Rail car means a car designed tocarry freight or non-passenger per-sonnel by rail, and includes a box car,flat car, gondola car, hopper car, tankcar, and occupied caboose.
Railroad means a person engaged intransportation by rail.
Receptacle means a containment ves-sel for receiving and holding materials,including any means of closing.
Registered Inspector means a personregistered with the Department in ac-cordance with subpart F of part 107 ofthis chapter who has the knowledgeand ability to determine whether acargo tank conforms with the applica-ble DOT specification. In addition,Registered Inspector means a personwho meets, at a minimum, any one ofthe following:
(1) Has an engineering degree and oneyear of work experience.
(2) Has an associate degree in engi-neering and two years of work experi-ence.
(3) Has a high school diploma or Gen-eral Equivalency Diploma) and threeyears of work experience.
(4) Has at least three years experi-ence in performing the duties of a Reg-istered Inspector by September 1, 1991,
and was registered with the Depart-ment by December 31, 1995.
Regulated medical waste. See § 173.134of this subchapter.
Reportable quantity (RQ) for the pur-poses of this subchapter means thequantity specified in column 2 of theappendix to § 172.101 for any materialidentified in column 1 of the appendix.
Research means investigation or ex-perimentation aimed at the discoveryof new theories or laws and the dis-covery and interpretation of facts orrevision of accepted theories or laws inthe light of new facts.
Residue means the hazardous mate-rial remaining in a packaging, includ-ing a tank car, after its contents havebeen unloaded to the maximum extentpracticable and before the packaging iseither refilled or cleaned of hazardousmaterial and purged to remove anyhazardous vapors.
RSPA means the Research and Spe-cial Programs Administration, U.S. De-partment of Transportation, Wash-ington, DC 20590.
SADT means self-accelerated decom-position temperature. See § 173.21(f) ofthis subchapter.
Salvage packaging means a specialpackaging conforming to § 173.3 of thissubchapter into which damaged, defec-tive or leaking hazardous materialspackages, or hazardous materials thathave spilled or leaked, are placed forpurposes of transport for recovery ordisposal.
SCF (standard cubic foot) means onecubic foot of gas measured at 60 °F. and14.7 psia.
Self-defense spray means an aerosol ornon-pressurized device that:
(1) Is intended to have an irritatingor incapacitating effect on a person oranimal; and
(2) Meets no hazard criteria otherthan for Class 9 (for example, a pepperspray; see § 173.140(a) of this sub-chapter) and, for an aerosol, Division2.1 or 2.2 (see § 173.115 of this sub-chapter), except that it may containnot more than two percent by mass ofa tear gas substance (e.g.,chloroacetophenone (CN) or 0-chlorobenzylmalonitrile (CS); see§ 173.132(a)(2) of this subchapter.)
Sheathing means a covering con-sisting of a smooth layer of wood
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placed over metal and secured to pre-vent any movement.
Shipping paper means a shippingorder, bill of lading, manifest or othershipping document serving a similarpurpose and containing the informa-tion required by §§ 172.202, 172.203 and172.204.
Siftproof packaging means a pack-aging impermeable to dry contents, in-cluding fine solid material producedduring transportation.
Single packaging means a non-bulkpackaging other than a combinationpackaging.
Solid means a material which is not agas or a liquid.
Solution means any homogeneous liq-uid mixture of two or more chemicalcompounds or elements that will notundergo any segregation under condi-tions normal to transportation.
Specification packaging means a pack-aging conforming to one of the speci-fications or standards for packagingsin part 178 or part 179 of this sub-chapter.
Spontaneously combustible material.See § 173.124(b) of this subchapter.
State means a State of the UnitedStates, the District of Columbia, theCommonwealth of Puerto Rico, theCommonwealth of the Northern Mar-iana Islands, the Virgin Islands, Amer-ican Samoa, Guam, or any other terri-tory or possession of the United Statesdesignated by the Secretary.
State-designated route means a pre-ferred route selected in accordancewith U.S. DOT ‘‘Guidelines for Select-ing Preferred Highway Routes forHighway Route Controlled Quantitiesof Radioactive Materials’’ or an equiv-alent routing analysis which ade-quately considers overall risk to thepublic.
Stowage means the act of placing haz-ardous materials on board a vessel.
Strong outside container means theoutermost enclosure which providesprotection against the unintentionalrelease of its contents under conditionsnormally incident to transportation.
Subsidiary hazard means a hazard of amaterial other than the primary haz-ard. (See primary hazard).
Table in § 172.101 or § 172.101 tablemeans the Hazardous Materials Tablein § 172.101 of this subchapter.
Technical name means a recognizedchemical name or microbiologicalname currently used in scientific andtechnical handbooks, journals, andtexts. Generic descriptions are author-ized for use as technical names pro-vided they readily identify the generalchemical group, or microbiologicalgroup. Examples of acceptable genericchemical descriptions are organic phos-phate compounds, petroleum aliphatichydrocarbons and tertiary amines. Forproficiency testing only, genericmicrobiological descriptions such asbacteria, mycobacteria, fungus, andviral samples may be used. Except fornames which appear in subpart B ofpart 172 of this subchapter, tradenames may not be used as technicalnames.
TOFC means trailer-on-flat-car.Top shell means the tank car tank
surface, excluding the head ends andbottom shell of the tank car tank.
Trailership means a vessel, other thana carfloat, specifically equipped tocarry motor transport vehicles andfitted with installed securing devicesto tie down each vehicle. The termtrailership includes Roll-on/Roll-off (RO/RO) vessels.
Train means one or more engines cou-pled with one or more rail cars, exceptduring switching operations or wherethe operation is that of classifying andassembling rail cars within a railroadyard for the purpose of making orbreaking up trains.
Trainship means a vessel other than arail car ferry or carfloat, specificallyequipped to transport railroad vehicles,and fitted with installed securing de-vices to tie down each vehicle.
Transport vehicle means a cargo-car-rying vehicle such as an automobile,van, tractor, truck, semitrailer, tankcar or rail car used for the transpor-tation of cargo by any mode. Eachcargo-carrying body (trailer, rail car,etc.) is a separate transport vehicle.
UFC means Uniform Freight Classi-fication.
UN means United Nations.UN standard packaging means a pack-
aging conforming to standards in theUN Recommendations on the Trans-port of Dangerous Goods.
Unit load device means any type offreight container, aircraft container,
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aircraft pallet with a net, or aircraftpallet with a net over an igloo.
United States means a State of theUnited States, the District of Colum-bia, the Commonwealth of Puerto Rico,the Commonwealth of the NorthernMariana Islands, the Virgin Islands,American Samoa, Guam, or any otherterritory or possession of the UnitedStates designated by the Secretary.
Vessel includes every description ofwatercraft, used or capable of beingused as a means of transportation onthe water.
Viscous liquid means a liquid materialwhich has a measured viscosity in ex-cess of 2500 centistokes at 25 °C. (77 °F.)when determined in accordance withthe procedures specified in ASTMMethod D 445–72 ‘‘Kinematic Viscosityof Transparent and Opaque Liquids(and the Calculation of Dynamic Vis-cosity)’’ or ASTM Method D 1200–70‘‘Viscosity of Paints, Varnishes, andLacquers by Ford Viscosity Cup.’’
Volatility refers to the relative rate ofevaporation of materials to assume thevapor state.
Water reactive material. See § 173.124(c)of this subchapter.
Water resistant means having a degreeof resistance to permeability by anddamage caused by water in liquid form.
Wooden barrel means a packagingmade of natural wood, of round cross-section, having convex walls, con-sisting of staves and heads and fittedwith hoops.
W.T. means watertight.
[Amdt. 171–32, 41 FR 15994, Apr. 15, 1976]
EDITORIAL NOTE: For FEDERAL REGISTER ci-tations affecting § 171.8, see the List of CFRSections Affected appearing in the FindingAids section of this volume.
§ 171.9 Rules of construction.
(a) In this subchapter, unless the con-text requires otherwise:
(1) Words imparting the singular in-clude the plural;
(2) Words imparting the plural in-clude the singular; and
(3) Words imparting the masculinegender include the feminine;
(b) In this subchapter, the word: (1)‘‘Shall’’ is used in an imperative sense;
(2) ‘‘Must’’ is used in an imperativesense;
(3) ‘‘Should’’ is used in a rec-ommendatory sense;
(4) ‘‘May’’ is used in a permissivesense to state authority or permissionto do the act described, and the words‘‘no person may * * *’’ or ‘‘a personmay not * * *’’ means that no person isrequired, authorized, or permitted todo the act described; and
(5) ‘‘Includes’’ is used as a word of in-clusion not limitation.
§ 171.10 Units of measure.(a) General. To ensure compatibility
with international transportationstandards, most units of measure inthis subchapter are expressed using theInternational System of Units (‘‘SI’’ ormetric). Where SI units appear, theyare the regulatory standard. U.S.standard or customary units, which ap-pear in parentheses following the SIunits, are for information only and arenot intended to be the regulatorystandard.
(b) Abbreviations for SI units ofmeasure generally used throughoutthis subchapter are as shown in para-graph (c) of this section. Customaryunits shown throughout this sub-chapter are generally not abbreviated.
(c) Conversion values. (1) Conversionvalues are provided in the followingtable and are based on values providedin ASTM E 380–89, ‘‘Standard for Met-ric Practice.’’
(2) If an exact conversion is needed,the following conversion table shouldbe used.
TABLE OF CONVERSION FACTORS FOR SI UNITS
Measurement SI to U.S. standard U.S. standard to SI
Activity .................................................... 1 TBq=27 Ci .......................................... 1 Ci=0.037 TBq.Length .................................................... 1 cm=0.3937008 in ...............................
1 m=3.280840 ft ....................................1 in=2.540000 cm1 ft=0.3048000 m
Thickness ............................................... 1 mm=0.03937008 in ............................ 1 in=25.40000 mm
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TABLE OF CONVERSION FACTORS FOR SI UNITS—Continued
Measurement SI to U.S. standard U.S. standard to SI
Mass (weight) ......................................... 1 kg=2.204622 lb ..................................1 gr=0.03527397 oz ..............................
Density ................................................... 1 kg/m3=0.06242797 lb/ft3 .................... 1 lb/ft3=16.01846 kg/m3
Abbreviation for units of measure are as follows:Unit of measure and abbreviation:(SI): millimeter, mm; centimeter, cm; meter, m; gram, g; kilogram, kg; kiloPascal, kPa; liter, L; milliliter, ml; cubic meter, m3;
Notwithstanding the requirements ofparts 172 and 173 of this subchapter, ahazardous material may be transportedby aircraft, and by motor vehicle ei-ther before or after being transportedby aircraft, in accordance with theICAO Technical Instructions if the haz-ardous material:
(a) Is packaged, marked, labeled,classified, described and certified on ashipping paper and otherwise in a con-dition for shipment as required by theICAO Technical Instructions;
(b) Is within the quantity limits pre-scribed for transportation by eitherpassenger-carrying or cargo aircraft, asappropriate, as specified in the ICAOTechnical Instructions;
(c) Is not a forbidden material orpackage according to § 173.21 of thissubchapter or column 3 of the § 172.101table; and
(d) Fulfills the following additionalrequirements as applicable:
(1) For a material that meets the def-inition of a hazardous substance as de-fined in this subchapter, the shippingpaper and package markings must con-form to the provisions in §§ 172.203(c)and 172.324, respectively, of this sub-chapter.
(2) When a hazardous material, whichis subject to the requirements of theICAO Technical Instructions, is also ahazardous waste as defined in this sub-chapter:
(i) The word ‘‘Waste’’ must precedethe proper shipping name on shippingpapers and package markings; and
(ii) It must comply with § 172.205 withrespect to the hazardous waste mani-fests.
(3) When a hazardous material is notsubject to the requirements of theICAO Technical Instructions, it mustbe transported as required by this sub-chapter.
(4) When a hazardous material that isregulated by this subchapter for trans-portation by highway is transported bymotor vehicle on a public highwayunder the provisions of this section,the following requirements apply:
(i) The motor vehicle must be plac-arded in accordance with subpart F ofpart 172 of this subchapter; and
(ii) The shipping paper may includean indication that the shipment isbeing made under the provisions of thissection or the letters ‘‘ICAO.’’
(5) Except for a Division 2.2 air bag,air bag module, or seat-beltpretensioner, the shipping paper de-scription must conform to the require-ments of § 173.166(c) of this subchapter.
(6) For radioactive materials:(i) Shipping papers for highway route
controlled quantity radioactive mate-rials shipments must meet the require-ments of § 172.203(d)(4) of this sub-chapter,
(ii) Competent authority certifi-cation and any necessary revalidationfor Type B, Type B(U), Type B(M), and
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fissile materials packages must be ob-tained from the appropriate authoritiesas specifed in §§ 173.471, 173.472 and173.473 of this subchapter, and all re-quirements of the certificates and re-validations must be met,
(iii) Except for limited quantities ofClass 7 (radioactive) material, the pro-visions of §§ 172.204(c)(4), 173.448(e), (f)and (g)(3) of this subchapter apply.
(iv) Limited quantities of radioactivematerials must meet the provisions of§ 173.421, § 173.424 or § 173.426 as appro-priate of this subchapter, and
(v) Type A package contents shall belimited in accordance with § 173.431 ofthis subchapter.
(7) If a United States variation is in-dicated in the ICAO Technical Instruc-tions for any provision governing thetransport of the hazardous material,the hazardous material is transportedin conformance with that variation.
(8) Abbreviations may not be used inshipping paper entries or packagemarkings unless they are specificallyauthorized by this subchapter. ICAOclass or division numbers are not con-sidered to be abbreviations.
(9) When a hazardous material, whichis subject to the requirements of theICAO Technical Instructions, is a ma-terial poisonous by inhalation (see§ 171.8 of this subchapter)—
(i) The shipping description must in-clude the words ‘‘Toxic Inhalation Haz-ard’’ or ‘‘Poison-Inhalation Hazard’’ or‘‘Inhalation Hazard’’, as required in§ 172.203(m) of this subchapter;
(ii) The material must be packagedin accordance with the requirements ofthis subchapter; and
(iii) The package must be marked inaccordance with § 172.313 of this sub-chapter and labeled with ‘‘POISON IN-HALATION HAZARD’’ or ‘‘POISONGAS’’, as appropriate, in accordancewith subpart E of part 172 of this sub-chapter.
(10) Shipments of hazardous mate-rials under this section must conformto the requirements for emergency re-sponse information as prescribed insubpart G of part 172 of this sub-chapter.
(11) Packages of Class 1 (explosive)materials must be marked in accord-ance with § 172.320 of this subchapter.
(12) If an ammonium nitrate fer-tilizer or ammonium nitrate mixed fer-tilizer, must not meet the definitionand criteria of a Class 1 (explosive) ma-terial.
(13) Transportation of marine pollut-ants, as defined in § 171.8 of this sub-chapter, in bulk packagings must con-form to the requirements of §§ 172.203(1)and 172.322 of this subchapter.
(14) Except as provided for limitedquantities of compressed gases in con-tainers of not more than 4 fluid ouncescapacity under § 173.306(a)(1) of thissubchapter, aerosols must meet thedefinition for ‘‘Aerosol’’ in § 171.8. Inaddition, an aerosol must be in a metalpackaging if the packaging exceeds 7.22cubic inches.
(15) A chemical oxygen generator isforbidden for transportation aboard apassenger-carrying aircraft and mustbe approved, classed, described andpackaged in accordance with the re-quirements of this subchapter fortransportation on cargo-only aircraft.A chemical oxygen generator (spent) isforbidden for transportation on air-craft.
(16) A cylinder containing Oxygen,compressed, may not be transported ona passenger-carrying aircraft or in aninaccessible cargo location aboard acargo-only aircraft unless it is pack-aged as required by Part 173 and Part178 of this subchapter and is placed inan overpack or outer packaging thatsatisfies the requirements of SpecialProvision A52 in § 172.102.
[Amdt. 171–69, 47 FR 54821, Dec. 6, 1982]
EDITORIAL NOTE: For FEDERAL REGISTER ci-tations affecting § 171.11, see the List of CFRSections Affected in the Finding Aids sec-tion of this volume.
§ 171.12 Import and export shipments.(a) Importer’s responsibility. Except in
the case of a shipment from Canadaconforming to § 171.12a of this sub-chapter, each person importing a haz-ardous material into the United Statesshall provide the shipper and the for-warding agent at the place of entryinto the United States timely and com-plete information as to the require-ments of this subchapter that willapply to the shipment of the materialwithin the United States. The shipper,directly or through the forwarding
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agent at the place of entry, shall pro-vide the initial carrier in the UnitedStates the certificate of compliance re-quired by § 172.204 of this subchapter.The carrier may not accept the mate-rial for transportation unless the re-quired certification is provided. Allshipping paper information requiredunder paragraph (b) or (d) of this sec-tion must be in English.
(b) IMDG Code. The IMDG Code setsforth descriptions, classifications,packagings, labeling and vessel stow-age requirements. Notwithstanding theprovisions of this subchapter, a mate-rial which is packaged, marked,classed, labeled, placarded, described,stowed and segregated, and certified(including a container packing certifi-cation, if applicable) in accordancewith the IMDG Code, and otherwiseconforms to the requirements of thissection, may be offered and acceptedfor transportation and transportedwithin the United States. The fol-lowing conditions and limitationsapply:
(1) The provisions of this paragraph(b) apply only if all or part of thetransportation is by vessel.
(2) A number of materials listed inthe IMDG Code are not subject to therequirements of this subchapter. Theprovisions of this subchapter do notapply to materials listed in the IMDGCode which are not designated as haz-ardous materials under this sub-chapter. These materials may, how-ever, be transported in the U.S. whendescribed, marked and labeled in ac-cordance with the IMDG Code.
(3) A material designated as a haz-ardous material under this subchapterwhich is not subject to the require-ments of the IMDG Code may not betransported under the provisions ofthis section.
(4) A forbidden material or packageaccording to § 173.21 of this subchapteror column 3 of the § 172.101 table maynot be transported under the provisionsof this section.
(5) Except for packagings conformingto the requirements of Section 26 of theGeneral Introduction to the IMDGCode, bulk packagings must conform tothe requirements of this subchapter.
(6) For export, packagings must con-form to the applicable requirements in
§§ 173.24, 173.24a and 173.28 of this sub-chapter.
(7) A Class 1 material must be classedand approved under the procedures insubpart C of part 173 of this subchapterand conform to the requirements of§ 172.320 and part 176 of this subchapter.
(8) When a hazardous material, whichis subject to the requirements of theIMDG Code, is a material poisonous byinhalation (see § 171.8 of this sub-chapter)—
(i) The shipping description must in-clude the words ‘Toxic Inhalation Haz-ard’ or ‘‘Poison-Inhalation Hazard’’ or‘‘Inhalation Hazard’’, as required in§ 172.203(m) of this subchapter;
(ii) The material must be packagedin accordance with the requirements ofthis subchapter;
(iii) Except as provided in paragraph(b)(8)(iv) of this section, the packagemust be marked in accordance with§ 172.313 of this subchapter and labeledand placarded with ‘‘POISON INHALA-TION HAZARD’’ or ‘‘POISON GAS’’, asappropriate, in accordance with sub-parts E and F, respectively, of part 172of this subchapter;
(iv) Until October 1, 2001, the packagemay be labeled in accordance with theIMDG Code if transported in a closedtransport vehicle or freight containermarked with identification numbersfor the materials in any quantity inthe manner specified in paragraphs (c)and (c)(3) of § 172.313 of this subchapterand placarded as required by subpart Fof part 172 of this subchapter.
(9) Class 7 materials must conform tothe provisions of paragraph (d) of thissection.
(10) For a hazardous waste, as definedin this subchapter—
(i) The word ‘‘Waste’’ must precedethe proper shipping name on shippingpapers and packages; and
(ii) The requirements of § 172.205 ofthis subchapter with respect to haz-ardous waste manifests are applicable.
(11) A hazardous substance as definedin this subchapter must conform to therequirements of §§ 172.203(c) and 172.324of this subchapter.
(12) A poisonous material must con-form to the requirements of § 172.203(m)of this subchapter.
(13) [Reserved]
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(14) Any ammonium nitrate fertilizeror ammonium nitrate mixed fertilizermust not meet the definition and cri-teria of a Class 1 (explosive) material.
(15) Cylinders not manufactured toDOT specifications must conform tothe requirements of § 173.301(i) and (j) ofthis subchapter.
(16) Shipments of hazardous mate-rials under this section must conformto the requirements for emergency re-sponse information as prescribed insubpart G of part 172 of this sub-chapter.
(17) Except as provided for limitedquantities of compressed gases in con-tainers of not more than 4 fluid ouncescapacity under § 173.306(a)(1) of thissubchapter, aerosols must meet thedefinition for ‘‘Aerosol’’ in § 171.8.
(18) A chemical oxygen generatormust be approved in accordance withthe requirements of this subchapter. Achemical oxygen generator and achemical oxygen generator (spent)must be classed, described and pack-aged in accordance with the require-ments of this subchapter.
(19) Except for Division 2.2, the ship-ping paper description for an air bag,air bag module, or seat-beltpretensioner must conform to the re-quirements of § 173.166(c) of this sub-chapter.
(c) Use of IMDG Code in port areas.Section 171.2 notwithstanding, a haz-ardous material (other than Division1.1 or 1.2 or Class 7) being importedinto or exported from the UnitedStates or passing through the UnitedStates in the course of being shippedbetween places outside the UnitedStates may be offered and accepted fortransportation and transported bymotor vehicle within a single port area(including contiguous harbors) whenpackaged, marked, classed, labeled,stowed and segregated in accordancewith the IMDG Code, if the hazardousmaterial is offered and accepted in ac-cordance with the requirements of sub-parts C and F of part 172 of this sub-chapter pertaining to shipping papersand placarding and otherwise conformsto the applicable requirements of part176 of this subchapter. The requirementin § 172.201(d) of this subchapter for anemergency telephone number does not
apply to shipments made in accordancewith the IMDG Code if the hazardousmaterial:
(1) Is not offloaded from the vessel;(2) Is offloaded between ocean vessels
at a U.S. port facility without beingtransported by public highway.
(d) Use of IAEA regulations for Class 7(radioactive) materials. Class 7 (radio-active) materials being imported into,or exported from, the United States, orpassing through the United States inthe course of being shipped betweenplaces outside the United States, maybe offered and accepted for transpor-tation when packaged, marked, la-beled, and otherwise prepared for ship-ment in accordance with IAEA ‘‘Regu-lations for the Safe Transport of Radio-active Materials, Safety Series No. 6,’’if:
(1) Highway route controlled quan-tities (see § 173.403 of this subchapter)are shipped in accordance with§§ 172.203(d)(4), 172.507 and 173.22(c) ofthis subchapter;
(2) For fissile materials and Type Bpackages, the competent authority cer-tification and any necessary revalida-tion is obtained from the appropriatecompetent authorities as specified in§§ 173.471, 173.472 and 173.473 of this sub-chapter and all requirements of thecertificates and revalidations are met;
(3) Type A package contents are lim-ited in accordance with § 173.431 of thissubchapter;
(4) The country of origin for the ship-ment has adopted the IAEA ‘‘Regula-tions for the Safe Transport of Radio-active Materials, Safety Series No. 6’’;
(5) The requirements of §§ 173.448(e),173.448(f), and 173.448(g)(3) of this sub-chapter are fulfilled, when applicable;and
(6) Shipments comply with the re-quirements for emergency response in-formation prescribed in subpart G ofpart 172 of this subchapter.
[Amdt. 171–111, 55 FR 52472, Dec. 21, 1990]
EDITORIAL NOTE: For FEDERAL REGISTER ci-tations affecting § 171.12, see the List of CFRSections Affected in the Finding Aids sec-tion of this volume.
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§ 171.12a Canadian shipments andpackagings.
(a) Scope and applicability. This sec-tion sets forth provisions for the trans-portation by rail or highway of ship-ments of hazardous materials whichconform to the regulations of the Gov-ernment of Canada but which may dif-fer from the requirements of this sub-chapter with regard to hazard commu-nication, classification or packaging.Except as provided in paragraph(b)(5)(iv) of this section, the provisionsapply only to shipments which origi-nate in Canada and either terminate inthe U.S. or transit the U.S. to a Cana-dian or foreign destination, and to thereturn to Canada of empty bulk pack-ages containing residues of hazardousmaterials which originally were im-ported into the U.S. Reciprocal provi-sions, applicable to exports from theU.S., appear in the regulations of theGovernment of Canada.
(b) Conditions and limitations. Not-withstanding the requirements of parts172, 173, and 178 of this subchapter, andsubject to the limitations of paragraph(a) of this section, a hazardous mate-rial that is classed, marked, labeled,placarded, described on a shippingpaper, and packaged in accordancewith the Transportation of DangerousGoods (TDG) Regulations issued by theGovernment of Canada may be offeredfor transportation and transported toor through the United States by motorvehicle or rail car. Copies of the TDGRegulations may be obtained from theCanadian Government Publishing Cen-tre, Ottawa, Ontario K1A 059; Tele-phone (819) 956–4800. The following con-ditions and limitations apply:
(1) A number of materials listed inthe TDG Regulations may not be sub-ject to the requirements of this sub-chapter. The provisions of this sub-chapter do not apply to materials list-ed in the TDG Regulations which arenot designated as hazardous materialsunder this subchapter. These materialsmay, however, be transported in theU.S. when described, marked and la-beled in accordance with the TDG Reg-ulations.
(2) A material designated as a haz-ardous material under this subchapterwhich is not subject to the require-ments of the TDG Regulations may not
be transported under the provisions ofthis section.
(3) A forbidden material or packageaccording to § 173.21 of this subchapteror column 3 of the § 172.101 table maynot be transported under the provisionsof this section.
(4) A Class 1 material must be classedand approved under the procedures insubpart C of part 173 of this subchapter,and packages of Class 1 materials mustbe marked in accordance with § 172.320of this subchapter.
(5) When a hazardous material, whichis a material poisonous by inhalationunder the provisions of this subchapter(see § 171.8 of this subchapter), is sub-ject to the requirements of the TDGRegulations—
(i) The shipping description must in-clude the words ‘Toxic Inhalation Haz-ard’ or ‘Poison Inhalation Hazard’ or‘‘Inhalation Hazard’’, as required in§ 172.203(m) of this subchapter;
(ii) The material must be packagedin accordance with the requirements ofthis subchapter;
(iii) Except as provided in paragraph(b)(5)(iv) of this section and for a pack-age containing anhydrous ammonia,the package must be marked in accord-ance with § 172.313 of this subchapterand labeled and placarded with ‘‘POI-SON INHALATION HAZARD’’ or ‘‘POI-SON GAS’’, as appropriate, in accord-ance with subparts E and F, respec-tively, of part 172 of this subchapter.For shipments of anhydrous ammonia,the shipping paper must contain an in-dication that the markings, labels andplacards have been applied in conform-ance with the TDG Regulations andthis paragraph (b)(5);
(iv) Until October 1, 2001, the packagemay be transported to or from the U.S.while labeled in accordance with theTDG Regulations if transported in aclosed transport vehicle or freight con-tainer marked with identificationnumbers for the materials in any quan-tity in the manner specified in para-graphs (c) and (c)(3) of § 172.313 of thissubchapter and placarded as requiredby subpart F of part 172 of this sub-chapter.
(6) Required shipping descriptionsand package markings must be inEnglish. Abbreviations may not beused unless specifically authorized by
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this subchapter. Identification num-bers must be preceded by ‘‘UN’’ or‘‘NA’’. The use of an identificationnumber preceded by ‘‘PIN’’ is not au-thorized.
(7) Shipments must conform to therequirements for emergency responseinformation in subpart G of part 172 ofthis subchapter.
(8) A Class 7 material must conformto the provisions of § 171.12(d) of thissubchapter;
(9) For a hazardous waste as definedin this subchapter—
(i) The word ‘‘Waste’’ must precedethe proper shipping name on shippingpapers and packages; and
(ii) The requirements of § 172.205 ofthis subchapter with respect to haz-ardous waste manifests are applicable;
(10) A hazardous substance as definedin this subchapter must conform to therequirements of §§ 172.203(c) and 172.324of this subchapter; and
(11) A poisonous material must con-form to the requirements of § 172.203(m)of this subchapter.
(12) [Reserved](13) When the provisions of this sub-
chapter require that a DOT specifica-tion or UN standard packaging must beused for a hazardous material, a pack-aging authorized by the TDG Regula-tions may be used only if it cor-responds to the DOT specification orUN packaging authorized by this sub-chapter. Cylinders not manufactured toDOT specifications must conform tothe requirements of § 173.301(i) and (j) ofthis subchapter.
(14) Any ammonium nitrate fertilizeror ammonium nitrate mixed fertilizermust not meet the definition and cri-teria of a Class 1 (explosive) material.
(15) Transportation of marine pollut-ants, as defined in § 171.8 of this sub-chapter, must conform to the require-ments of §§ 172.203(l) and 172.322 of thissubchapter.
(16) Except as provided for limitedquantities of compressed gases in con-tainers of not more than 4 fluid ouncescapacity under § 173.306(a)(1) of thissubchapter, aerosols must meet thedefinition for ‘‘Aerosol’’ in § 171.8.
(17) A chemical oxygen generatormust be approved in accordance withthe requirements of this subchapter. Achemical oxygen generator and a
chemical oxygen generator (spent)must be classed, described and pack-aged in accordance with the require-ments of this subchapter.
§ 171.14 Transitional provisions for im-plementing certain requirements.
General. The purpose of the provi-sions of this section is to provide an or-derly transition to certain new require-ments so as to minimize any burdensassociated with them.
(a) Previously filled packages—(1)Packages filled prior to October 1, 1991.Notwithstanding the marking and la-beling provisions of subparts D and E,respectively, of part 172, and the pack-aging provisions of part 173 and subpartB of part 172 of this subchapter, a pack-age may be offered for transportationand transported prior to October 1,2001, if it—
(i) Conforms to the old requirementsof this subchapter in effect on Sep-tember 30, 1991;
(ii) Was filled with a hazardous mate-rial prior to October 1, 1991;
(iii) Is marked ‘‘Inhalation Hazard’’ ifappropriate, in accordance with§ 172.313 of this subchapter or SpecialProvision 13, as assigned in the § 172.101table; and
(iv) Is not emptied and refilled on orafter October 1, 1991.
(2) Non-bulk packages filled prior to Oc-tober 1, 1996. Notwithstanding the pack-aging provisions of subpart B of part172 and the packaging provisions ofpart 173 of this subchapter with respectto UN standard packagings, a non-bulkpackage other than a cylinder may beoffered for transportation and trans-ported domestically prior to October 1,1999, if it—
(i) Conforms to the requirements ofthis subchapter in effect on September30, 1996;
(ii) Was filled with a hazardous mate-rial prior to October 1, 1996; and
(iii) Is not emptied and refilled on orafter October 1, 1996.
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(b) Transitional placarding provisions.Until October 1, 2001, placards whichconform to specifications for placardsin effect on September 30, 1991, or plac-ards specified in the December 21, 1990
final rule may be used, for highwaytransportation only, in place of theplacards specified in subpart F of part172 of this subchapter, in accordancewith the following table:
PLACARD SUBSTITUTION TABLE
Hazard class or division No. Current placard name Old (Sept. 30, 1991)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.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 2.31 ......................................................... 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-
lation hazard), PG II, or PG III.Posion .................................................................. Poison.
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 con-form 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. Anon-specification fiber drum with a re-movable head is authorized for a liquidhazardous material in Packing GroupIII that is not poisonous by inhalationfor which the packaging was author-ized under the requirements of part 172or part 173 of this subchapter in effecton September 30, 1991. This authoriza-tion expires on the date on which fundsare authorized to be appropriated tocarry out chapter 51 of title 49, UnitedStates Code (related to transportationof hazardous materials), for fiscal yearsbeginning after September 30, 1997. In-formation concerning this funding au-thorization date may be obtained bycontacting the Office of the AssociateAdministrator for Hazardous MaterialsSafety.
(d) A final rule published in the FED-ERAL REGISTER on March 5, 1999, effec-tive October 1, 1999, resulted in revi-sions to this subchapter. During thetransition period provided in paragraph(d)(1) of this section, a person mayelect to comply with either the appli-cable requirements of this subchapter
in effect on September 30, 1999, or therequirements of this subchapter in theMarch 5, 1999 final rule, in effect on Oc-tober 1, 1999.
(1) Transition dates. The effective dateof the March 5, 1999 final rule is Octo-ber 1, 1999. A delayed compliance dateof October 1, 2000 is authorized. On Oc-tober 1, 2000, all applicable regulatoryrequirements adopted in the March 5,1999 final rule in effect on October 1,1999 must be met.
(2) Intermixing old and new require-ments. Prior to the transition date inparagraph (d)(1) of this section, it isrecommended that the hazard commu-nication requirements be consistentwhere practicable, i.e., marking, label-ing, placarding, and shipping paper de-scriptions should conform to either theold requirements of this subchapter ineffect on September 30, 1999, or new re-quirements of this subchapter in theMarch 5, 1999 final rule, in effect on Oc-tober 1, 1999, without intermixing ofcommunication elements. However,intermixing is permitted, during the
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applicable transition period, for pack-aging, hazard communication, and han-dling provisions, as follows:
(i) If either shipping names or identi-fication numbers are identical, a ship-ping paper may display the old ship-ping description even if the package ismarked and labeled under the newshipping description;
(ii) If either shipping names or iden-tification numbers are identical, ashipping paper may display the newshipping description even if the pack-age is marked and labeled under theold shipping description; and
(iii) Either old or new placards maybe used regardless of whether old ornew shipping descriptions and packagemarkings are used.
(3) Until October 1, 2003, the KEEPAWAY FROM FOOD labeling andplacarding requirements in effect onSeptember 30, 1999, may continue to beused in place of the new requirementsfor Division 6.1, Packing Group III ma-terials.
§ 171.15 Immediate notice of certainhazardous materials incidents.
(a) At the earliest practicable mo-ment, each carrier who transports haz-ardous materials (including hazardouswastes) shall give notice in accordancewith paragraph (b) of this section aftereach incident that occurs during thecourse of transportation (includingloading, unloading and temporary stor-age) in which—
(1) As a direct result of hazardousmaterials—
(i) A person is killed; or(ii) A person receives injuries requir-
ing his or her hospitalization; or(iii) Estimated carrier or other prop-
erty damage exceeds $50,000; or(iv) An evacuation of the general
public occurs lasting one or morehours; or
(v) One or more major transportationarteries or facilities are closed or shutdown for one hour or more; or
(vi) The operational flight pattern orroutine of an aircraft is altered; or
(2) Fire, breakage, spillage, or sus-pected radioactive contamination oc-curs involving shipment of radioactivematerial; or
(3) Fire, breakage, spillage, or sus-pected contamination occurs involvingshipment of infectious substances(etiologic agents); or
(4) There has been a release of a ma-rine pollutant in a quantity exceeding450 L (119 gallons) for liquids or 400 kg(882 pounds) for solids; or
(5) A situation exists of such a nature(e.g., a continuing danger to life existsat the scene of the incident) that, inthe judgment of the carrier, it shouldbe reported to the National ResponseCenter even though it does not meetthe criteria of paragraph (a) (1), (2) or(3) of this section.
(b) Except for transportation by air-craft, each notice required by para-graph (a) of this section shall be givento the National Response Center bytelephone (toll-free) on 800–424–8802.Notice involving shipments trans-ported by aircraft must be given to thenearest FAA Civil Aviation SecurityOffice by telephone at the earliestpractical moment after each incidentin place of the notice to the NationalResponse Center. Notice involving etio-logic agents may be given to the Direc-tor, Centers for Disease Control, U.S.Public Health Service, Atlanta, Ga.(800) 232–0124, in place of the notice tothe Department or (toll call) on 202–267–2675. Each notice must include thefollowing information:
(1) Name of reporter.(2) Name and address of carrier rep-
resented by reporter.(3) Phone number where reporter can
be contacted.(4) Date, time, and location of inci-
dent.(5) The extent of injuries, if any.(6) Classification, name, and quantity
of hazardous materials involved, ifsuch information is available.
(7) Type of incident and nature ofhazardous material involvement andwhether a continuing danger to life ex-ists at the scene.
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(c) Each carrier making a reportunder this section shall also make thereport required by § 171.16.
NOTE: Under 40 CFR 302.6 EPA requires per-sons in charge of facilities (including trans-port vehicles, vessels and aircraft) to reportany release of a hazardous substance in aquantity equal to or greater than its report-able quantity, as soon as that person hasknowledge of the release, to the U.S. CoastGuard National Response Center at (tollfree) 800–424–8802 or (toll) 202–267–2675.
[Amdt. 171–7, 35 FR 16837, Oct. 3, 1970]
EDITORIAL NOTE: For FEDERAL REGISTER ci-tations affecting § 171.15, see the List of CFRSections Affected appearing in the FindingAids section of this volume.
(a) Each carrier who transports haz-ardous materials shall report in writ-ing, in duplicate, on DOT Form F 5800.1(Rev. 6/89) to the Department within 30days of the date of discovery, each inci-dent that occurs during the course oftransportation (including loading, un-loading, and temporary storage) inwhich any of the circumstances setforth in § 171.15(a) occurs or there hasbeen an unintentional release of haz-ardous materials from a package (in-cluding a tank) or any quantity of haz-ardous waste has been discharged dur-ing transportation. If a report pertainsto a hazardous waste discharge:
(1) A copy of the hazardous wastemanifest for the waste must be at-tached to the report; and
(2) An estimate of the quantity of thewaste removed from the scene, thename and address of the facility towhich it was taken, and the manner ofdisposition of any removed waste mustbe entered in Section IX of the reportform (Form F 5800.1) (Rev. 6/89).
(b) Each carrier making a reportunder this section shall send the reportto the Information Systems Manager,DHM–63, Research and Special Pro-grams Administration, Department ofTransportation, Washington, DC 20590–0001; and, for incidents involving trans-portation by aircraft, a copy of the re-port shall also be sent to the FAA CivilAviation Security Office nearest thelocation of the incident. A copy of thereport shall be retained for a period oftwo years, at the carrier’s principal
place of business, or at other places asauthorized and approved in writing byan agency of the Department of Trans-portation.
(c) Except as provided in paragraph(d) of this section, the requirements ofparagraph (a) of this section do notapply to incidents involving the unin-tentional release of a hazardous mate-rial—
(1) Transported under one of the fol-lowing proper shipping names:
(i) Consumer commodity.(ii) Battery, electric storage, wet,
filled with acid or alkali.(iii) Paint and paint related material
when shipped in a packaging of fivegallons or less.
(2) Prepared and transported as alimited quantity shipment in accord-ance with this subchapter.
(d) The exceptions to incident report-ing provided in paragraph (c) of thissection do not apply to:
(1) Incidents required to be reportedunder § 171.15(a);
(3) Except for consumer commodities,materials in Packing Group I; or
(4) Incidents involving the transpor-tation of hazardous waste.
NOTE: A guideline document for assistingin the completion of DOT Form F 5800.1(Rev. 6/89) may be obtained from the Office ofHazardous Materials Transportation, DHM–51, U.S. Department of Transportation,Washington, DC 20590–0001.
§ 171.19 Approvals or authorizationsissued by the Bureau of Explosives.
Effective December 31, 1998, approv-als or authorizations issued by the Bu-reau of Explosives (BOE), other thanthose issued under part 179 of this sub-chapter, are no longer valid.
[63 FR 37459, July 10, 1998]
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§ 171.20 Submission of ExaminationReports.
(a) When it is required in this sub-chapter that the issuance of an ap-proval by the Associate Administratorfor Hazardous Materials Safety bebased on an examination by the Bureauof Explosives (or any other test facilityrecognized by RSPA), it is the respon-sibility of the applicant to submit theresults of the examination to the Asso-ciate Administrator for Hazardous Ma-terials Safety.
(b) Applications for approval sub-mitted under paragraph (a) of this sec-tion, must be submitted to the Asso-ciate Administrator for Hazardous Ma-terials Safety, Research and SpecialPrograms Administration, Washington,DC 20590–0001.
(c) Any applicant for an approval ag-grieved by an action taken by the As-sociate Administrator for HazardousMaterials Safety, under this subpartmay file an appeal with the Adminis-trator, RSPA within 30 days of serviceof notification of a denial.
§ 171.21 Assistance in investigationsand special studies.
(a) A carrier who is responsible forreporting an incident under the provi-sions of § 171.16 shall make all recordsand information pertaining to the inci-dent available to an authorized rep-resentative or special agent of the De-partment of Transportation upon re-quest. The carrier shall give an author-ized representative or special agent ofthe Department of Transportation rea-sonable assistance in the investigationof the incident.
(b) If the Department of Transpor-tation makes an inquiry to a carrier ofhazardous materials in connection witha study of incidents, the carrier shall—
(1) Respond to the inquiry within 30days after its receipt or within suchother time as the inquiry may specify;and
(2) Provide full, true, and correct an-swers to any questions included in theinquiry.
[Amdt. 171–101, 54 FR 25813, June 19, 1989]
PART 172—HAZARDOUS MATERIALSTABLE, SPECIAL PROVISIONS,HAZARDOUS MATERIALS COM-MUNICATIONS, EMERGENCY RE-SPONSE INFORMATION, ANDTRAINING REQUIREMENTS
Subpart A—General
Sec.172.1 Purpose and scope.172.3 Applicability.
Subpart B—Table of Hazardous Materialsand Special Provisions
172.101 Purpose and use of hazardous mate-rials table.
172.102 Special provisions.
Subpart C—Shipping Papers
172.200 Applicability.172.201 General entries.172.202 Description of hazardous material on
