49 U.S.C. 5101-5127; 49 CFR 1.53.
Nomenclature changes to part 105 appear at 70 FR 56087, Sept. 23, 2005.
(a) This part contains the definitions for certain words and phrases used throughout this subchapter (49 CFR parts 105 through 110). At the beginning of each subpart, the Pipeline and Hazardous Materials Safety Administration (“PHMSA” or “we”) will identify the defined terms that are used within the subpart—by listing them—and refer the reader to the definitions in this part. This way, readers will know that PHMSA has given a term a precise meaning and will know where to look for it.
(b) Terms used in this part are defined as follows:
(1) A specific regulation in subchapter A or C of this chapter.
(2) A special permit or approval issued under subchapter A or C of this chapter.
(3) A separate document issued to one or more persons by the Associate Administrator.
(1) The United States Postal Service.
(2) Any agency or instrumentality of the Federal government, for the purposes of 49 U.S.C. 5123 (civil penalties) and 5124 (criminal penalties).
(3) Any government or Indian tribe (or an agency or instrumentality of any government or Indian tribe) that transports hazardous material for a governmental purpose.
The following defined terms (see subpart A of this part) appear in this subpart: Approval; Federal hazardous material transportation law; Hazardous material; Hazardous materials regulations; Indian tribe; Preemption determination; Special permit; State; Transportation; Waiver of preemption
(a)
(1) Call the Hazardous Materials Information Center at 1-800-467-4922 (in Washington, DC, call (202) 366-4488). The Center is staffed from 9 a.m. through 5 p.m. Eastern time, Monday through Friday except Federal holidays. After hours, you can leave a recorded message and your call will be returned by the next business day.
(2) E-mail the Hazardous Materials Information Center at
(3) Obtain hazardous materials safety information via the Internet at
(4) Send a letter, with your return address and a daytime telephone number, to: Standards and Rulemaking Division, Pipeline and Hazardous Materials Safety Administration, Attn: PHH-10, U.S. Department of Transportation, East Building, 1200 New Jersey Avenue, SE., Washington, DC 20590-0001.
(b)
(1) Call the office of the Chief Counsel at (202) 366-4400 from 9 a.m. to 5 p.m. Eastern time, Monday through Friday except Federal holidays.
(2) Access information from the Office of the Chief Counsel via the Internet at
(3) Send a letter, with your return address and a daytime telephone number, to: Office of the Chief Counsel, Pipeline and Hazardous Materials Safety Administration, Attn: PHC-10, U.S. Department of Transportation, East Building, 1200 New Jersey Avenue, SE., Washington, DC 20590-0001.
(4) Contact the Office of the Chief Counsel for a copy of applications for preemption determinations, waiver of preemption determinations, and inconsistency rulings received by PHMSA before February 1, 1997.
PHMSA is required by statute to make certain documents and information available to the public. You can review and copy publicly available documents and information at the locations described in this section.
(a)
(1) Rulemaking documents in proceedings started after February 1, 1997, including notices of proposed rulemaking, advance notices of proposed rulemaking, public comments, related
(2) Applications for special permits numbered DOT-E or DOT-SP 11832 and above. Also available are supporting data, memoranda of any informal meetings with applicants, related
(3) Applications for preemption determinations and waiver of preemption determinations received by PHMSA after February 1, 1997. Also available are public comments,
(b)
(2) Upon your written request, we will make the following documents and information available to you:
(i) Appeals under 49 CFR part 107 and PHMSA's decisions issued in response to those appeals.
(ii) Records of compliance order proceedings and PHMSA compliance orders.
(iii) Applications for approvals, including supporting data, memoranda of any informal meetings with applicants, and decisions granting or denying approvals applications.
(iv) Applications for special permits numbered below DOT-E or DOT-SP 11832 and related background information are available for public review and copying at the Office of Hazardous Materials Safety, Approvals and Permits Division, U.S. Department of Transportation, PHH-30, East Building, 1200 New Jersey Avenue, SE., Washington, DC 20590-0001.
(v) Other information about PHMSA's hazardous materials program required by statute to be made available to the public for review and copying and any other information PHMSA decides should be available to the public.
(3) Your written request to review documents should include the following:
(i) A detailed description of the documents you wish to review.
(ii) Your name, address, and telephone number.
(4) Send your written request to: Associate Administrator for Hazardous Materials Safety, Pipeline and Hazardous Materials Safety Administration, Attn: PHH-1, U.S. Department of Transportation, East Building, 1200 New Jersey Avenue, SE., Washington, DC 20590-0001.
To obtain records on file with PHMSA, other than those described in § 105.25, you must file a request with PHMSA under the Freedom of Information Act (FOIA) (5 U.S.C. 552). The procedures for filing a FOIA request are contained in 49 CFR part 7.
When you submit information to PHMSA during a rulemaking proceeding, as part of your application for special permit or approval, or for any other reason, we may make that information publicly available unless you ask that we keep the information confidential.
(a)
(1) Mark “confidential” on each page of the original document you would like to keep confidential.
(2) Send us, along with the original document, a second copy of the original document with the confidential information deleted.
(3) Explain why the information you are submitting is confidential (for example, it is exempt from mandatory public disclosure under the Freedom of Information Act, 5 U.S.C. 552 or it is information referred to in 18 U.S.C. 1905).
(b)
(a)
(1) Registered or certified mail.
(i) If we serve a document by registered or certified mail, it is considered served when mailed.
(ii) An official United States Postal Service receipt from the registered or certified mailing is proof of service.
(iii) We may serve a person's authorized representative or agent by registered or certified mail, or in any other manner authorized by law. Service on a person's authorized agent is the same as service on the person.
(2) Personal service.
(3) Publication in the
(4) Electronic service. (i) Service by electronic means if consented to in writing by the party to be served.
(ii) For all special permits and approvals actions, electronic service is authorized.
(b)
(1) Registered or certified mail.
(i) If you serve a document by registered or certified mail, it is considered served when mailed.
(ii) An official United States Postal Service receipt from the registered or certified mailing is proof of service.
(iii) You may serve a person's authorized representative or agent by registered or certified mail or in any other manner authorized by law. Service on a person's authorized agent is the same as service on the person.
(2) Personal service.
(3) Electronic service.
(i) In a proceeding under § 107.317 of this subchapter (an administrative law judge proceeding), you may electronically serve documents on us.
(ii) Serve documents electronically through the Internet at
(a)
(b)
(1) May be an individual, a firm, or a domestic corporation.
(2) May represent any number of principals.
(3) May not reassign responsibilities under a designation to another person.
(c)
(1) The section in the HMR that requires you to file a designation.
(2) A certification that the designation is in the correct legal form required to make it valid and binding on you under the laws, corporate bylaws, and other requirements that apply to designations at the time and place you are making the designation.
(3) Your full legal name, the principal name of your business, and your mailing address.
(4) A statement that your designation will remain in effect until you withdraw or replace it.
(5) The legal name and mailing address of your agent.
(6) A declaration of acceptance signed by your agent.
(d)
(e)
(a)
(b)
(2) If PHMSA issues a subpoena to you based upon a request, the requester must serve a copy of the original subpoena on you, as required in § 105.50. The requester must also include attendance and mileage fees with the subpoena unless the requester asks PHMSA to pay the attendance and mileage fees because of demonstrated financial hardship and PHMSA agrees to do so.
(3) If PHMSA issues a subpoena at the request of an officer or agency of the Federal government, the officer or agency is not required to include attendance and mileage fees when serving the subpoena. The officer or agency must pay the fees before you leave the hearing at which you testify.
(a)
(b)
(c)
(d)
(a)
(1) Deny your request.
(2) Quash or modify the subpoena.
(3) Grant your request on the condition that you satisfy certain specified requirements.
(b)
49 U.S.C. 5101-5127; 49 CFR 1.53.
Nomenclature changes to part 106 appear at 70 FR 56088, Sept. 23, 2005.
The following defined terms (see part 105, subpart A, of this subchapter) appear in this subpart: File; Person; State.
(a) PHMSA (“we”) uses informal rulemaking procedures under the Administrative Procedure Act (5 U.S.C. 553) to add, amend, or delete regulations. To propose or adopt changes to a regulation, PHMSA may issue one or more of the following documents. We publish the following rulemaking documents in the
(1) An advance notice of proposed rulemaking.
(2) A notice of proposed rulemaking.
(3) A final rule.
(4) An interim final rule.
(5) A direct final rule.
(b) Each of the rulemaking documents in paragraph (a) of this section generally contains the following information:
(1) The topic involved in the rulemaking document.
(2) PHMSA's legal authority for issuing the rulemaking document.
(3) How interested persons may participate in the rulemaking proceeding (for example, by filing written comments or making oral presentations).
(4) Whom to call if you have questions about the rulemaking document.
(5) The date, time, and place of any public meetings being held to discuss the rulemaking document.
(6) The docket number and regulation identifier number (RIN) for the rulemaking proceeding.
An advance notice of proposed rulemaking (ANPRM) tells the public that
A notice of proposed rulemaking (NPRM) contains PHMSA's specific proposed regulatory changes for public comment and contains supporting information. It generally includes proposed regulatory text.
PHMSA may add, amend, or delete regulations without first issuing an ANPRM or NPRM in the following situations:
(a) We may go directly to a final rule or interim final rule if, for good cause, we find that a notice of proposed rulemaking is impracticable, unnecessary, or contrary to the public interest. We must place that finding and a brief statement of the reasons for it in the final rule or interim final rule.
(b) We may issue a direct final rule (see § 106.40).
A final rule sets out new regulatory requirements and their effective date. A final rule will also identify issues raised by commenters in response to the notice of proposed rulemaking and give the agency's response.
An interim final rule is issued without first issuing a notice of proposed rulemaking and accepting public comments and sets out new regulatory requirements and their effective date. PHMSA may issue an interim final rule if it finds, for good cause, that notice and public procedure are impracticable, unnecessary, or contrary to the public interest. PHMSA will clearly set out this finding in the interim final rule. After receiving and reviewing public comments, as well as any other relevant documents, PHMSA may revise the interim final rule and then issue a final rule.
A direct final rule makes regulatory changes and states that the regulatory changes will take effect on a specified date unless PHMSA receives an adverse comment or notice of intent to file an adverse comment within the comment period—generally 60 days after the direct final rule is published in the
(a)
(1) Make minor substantive changes to regulations.
(2) Incorporate by reference the latest edition of technical or industry standards.
(3) Extend compliance dates.
(4) Make noncontroversial changes to regulations. We must determine and publish a finding that use of direct final rulemaking, in this situation, is in the public interest and unlikely to result in adverse comment.
(b)
(1) A comment recommending another rule change, in addition to the change in the direct final rule at issue, unless the commenter states why the direct final rule would be ineffective without the change.
(2) A frivolous or irrelevant comment.
(c)
(d)
(2) If we withdraw a direct final rule because of an adverse comment, we may incorporate the adverse comment into a later direct final rule or may publish a notice of proposed rulemaking.
(e)
The following identifying numbers allow you to track PHMSA's rulemaking activities:
(a)
(1) Associate related documents that appear in the
(2) Search the DOT Docket Management System (“DMS”) for information on particular rulemaking proceedings—including notices of proposed rulemaking, public comments, petitions for rulemaking, appeals, records of additional rulemaking proceedings and final rules. There are two ways you can search the DMS:
(i) Visit the public docket room and review and copy any docketed materials during regular business hours. The DOT Docket Management System is located at the U.S. Department of Transportation, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue, SE., Washington, DC 20590-0001.
(ii) View and download docketed materials through the Internet at
(b)
The following defined terms (see part 105, subpart A, of this subchapter) appear in this subpart: File; Person; Political subdivision; State.
You may participate in PHMSA's rulemaking process by doing any of the following:
(a) File written comments on any rulemaking document that asks for comments, including an advance notice of proposed rulemaking, notice of proposed rulemaking, interim final rule, or direct final rule.
(b) Ask that we hold a public meeting in any rulemaking proceeding and participate in any public meeting that we hold.
(c) File a petition for rulemaking that asks us to add, amend, or delete a regulation.
(d) File an appeal that asks us to reexamine our decision to issue all or part of a final rule, interim final rule, or direct final rule.
Anyone may file written comments about proposals made in any rulemaking document that requests public comments, including any State government agency, any political subdivision of a State, and any interested person invited by PHMSA to participate in the rulemaking process.
Your comments must be in English and must contain the following:
(a) The docket number of the rulemaking document you are commenting on, clearly set out at the beginning of your comments.
(b) Information, views, or arguments that follow the instructions for participation that appear in the rulemaking document on which you are commenting.
(c) All material that is relevant to any statement of fact in your comments.
(d) The document title and page number of any material that you reference in your comments.
(a) Unless you are told to do otherwise in the rulemaking document on which you are commenting, send your comments to us in either of the following ways:
(1) By mail to: Docket Management System, U.S. Department of Transportation, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue, SE., Washington, DC 20590-0001.
(2) Through the Internet at
(b) Make sure that your comments reach us by the deadline set out in the rulemaking document on which you are commenting. We will consider late filed comments to the extent possible.
(c) We may reject comments that are not relevant to the rulemaking. We may reject comments you file electronically if you do not follow the electronic filing instructions at the DOT Web site.
You may ask for more time to file comments on a rulemaking proceeding. If PHMSA grants your request, it is granted to all persons. We will notify the public of the extension by publishing a document in the
(a) File a request for extension at least ten days before the end of the comment period established in the rulemaking document.
(b) Show that you have good cause for the extension and that an extension is in the public interest.
(c) Include the docket number of the rulemaking document you are seeking additional time to comment on, clearly set out at the beginning of your request.
(d) Send your request to: Docket Management System, U.S. Department of Transportation, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue, SE., Washington, DC 20590-0001.
A public meeting is a non-adversarial, fact-finding proceeding conducted by a PHMSA representative. Generally, public meetings are announced in the
(a) You may ask for a public meeting by filing a written request with PHMSA no later than 20 days before the expiration of the comment period specified in the rulemaking document. Send your request for a public meeting to: Docket Management System, U.S. Department of Transportation, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue, SE., Washington, DC 20590-0001.
(b) PHMSA will review your request and, if you have shown good cause for a public meeting, we will grant it and publish a notice of the meeting in the
During a rulemaking proceeding, PHMSA may invite you to do the following:
(a) Participate in a conference at which minutes are taken.
(b) Make an oral presentation.
(c) Participate in any other public proceeding to ensure that PHMSA makes informed decisions during the rulemaking process and to protect the public interest, including a negotiated rulemaking or work group led by a facilitator.
You may ask PHMSA to add, amend, or delete a regulation by filing a petition for rulemaking as follows:
(a) For regulations in 49 CFR parts 110, 130, 171 through 180, submit the petition to: Standards and Rulemaking Division, Pipeline and Hazardous Materials Safety Administration, Attn: PHH-10, U.S. Department of Transportation, East Building, 1200 New Jersey Avenue, SE., Washington, DC 20590-0001.
(b) For regulations in 49 CFR parts 105, 106, or 107, submit the petition to: Office of the Chief Counsel, Pipeline and Hazardous Materials Safety Administration, Attn: PHC-10, U.S. Department of Transportation, East Building, 1200 New Jersey Avenue, SE., Washington, DC 20590-0001.
(a) You must include the following information in your petition for rulemaking:
(1) A summary of your proposed action and an explanation of its purpose.
(2) The language you propose for a new or amended rule, or the language you would delete from a current rule.
(3) An explanation of your interest in your proposed action and the interest of anyone you may represent.
(4) Information and arguments that support your proposed action, including relevant technical and scientific data available to you.
(5) Any specific cases that support or demonstrate the need for your proposed action.
(b) If the impact of your proposed action is substantial, and data or other information about that impact are available to you, we may ask that you provide information about the following:
(1) The costs and benefits of your proposed action to society in general, and identifiable groups within society in particular.
(2) The direct effects, including preemption effects under section 5125 of Federal hazardous materials transportation law, of your proposed action on States, on the relationship between the Federal government and the States, and on the distribution of power and responsibilities among the various levels of government. (See 49 CFR part 107, subpart C, regarding preemption.)
(3) The regulatory burden of your proposed action on small businesses, small organizations, small governmental jurisdictions, and Indian tribes.
(4) The recordkeeping and reporting burdens of your proposed action and whom they would affect.
(5) The effect of your proposed action on the quality of the natural and social environments.
We will review and respond to your petition for rulemaking as follows:
You may appeal the following PHMSA actions:
(a) PHMSA's issuance of a final rule or PHMSA's withdrawal of a notice of proposed rulemaking under the rulemaking procedures in this part. However, you may appeal PHMSA's issuance of a direct final rule only if you previously filed comments to the direct final rule (see § 106.40(e)).
(b) Any PHMSA decision on a petition for rulemaking.
(a)
(1) The docket number of the rulemaking you are concerned about, clearly set out at the beginning of your appeal.
(2) A brief statement of your concern about the final rule or the withdrawal of notice of proposed rulemaking at issue.
(3) An explanation of why compliance with the final rule is not practical, reasonable, or in the public interest.
(4) If you want PHMSA to consider more facts, the reason why you did not present those facts within the time given during the rulemaking process for public comment.
(b)
(1) The contested aspects of the decision.
(2) Any new arguments or information.
(a)
(b)
Send your appeal to: Docket Management System, U.S. Department of Transportation, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue, SE., Washington, DC 20590-0001.
Unless PHMSA provides otherwise, filing an appeal will not keep a final rule from becoming effective. We will handle an appeal according to the following procedures:
(a)
(2) We may grant or deny your appeal, in whole or in part, without further rulemaking proceedings, unless granting your appeal would result in the issuance of a new final rule.
(3) If we decide to grant your appeal, we may schedule further proceedings and an opportunity to comment.
(4) PHMSA will notify you, in writing, of the action on your appeal within 90 days after the date that PHMSA published the final rule or withdrawal of notice of proposed rulemaking at issue in the
(b)
(2) PHMSA will notify you, in writing, of the action on your appeal within 90 days after the date that PHMSA served you with written notice of its decision on your petition for rulemaking. If we do not issue a decision on your appeal within the 90-day period, and we anticipate a substantial delay, we will notify you directly about the delay and will give you an expected decision date.
49 U.S.C. 5101-5128, 44701; Pub. L. 101-410 section 4 (28 U.S.C. 2461 note); Pub. L. 104-121 sections 212-213; Pub. L. 104-134 section 31001; 49 CFR 1.45, 1.53.
Nomenclature changes to part 107 appear at 67 FR 61011, Sept. 27, 2002, 70 FR 56089, Sept. 23, 2005, and 70 FR 73159, Dec. 9, 2005.
All terms defined in 49 U.S.C. 5102 are used in their statutory meaning. Other terms used in this part are defined as follows:
(1) Having actual knowledge of the facts giving rise to the violation, or
(2) Having the knowledge that a reasonable person acting in the same circumstances and exercising due care would have had.
(1) A specific regulation in subchapter A or C of this chapter.
(2) A special permit or approval issued under subchapter A or C of this chapter.
(3) A separate document issued to one or more persons by the Associate Administrator.
(1) The United States Postal Service.
(2) Any agency or instrumentality of the Federal government, for the purposes of 49 U.S.C. 5123 (civil penalties) and 5124 (criminal penalties.)
(3) Any government or Indian tribe (or an agency or instrumentality of any government or Indian tribe) that transports hazardous material for a governmental purpose.
For
This subpart prescribes procedures for the issuance, modification and termination of special permits from requirements of this subchapter, subchapter C of this chapter, or regulations issued under chapter 51 of 49 U.S.C.
(a)
(1) The application, including a table of contents, must:
(i) Be submitted to the Associate Administrator for Hazardous Materials Safety (Attention: General Approvals and Permits, PHH-31), Pipeline and Hazardous Materials Safety Administration, U.S. Department of Transportation, East Building, 1200 New Jersey Avenue, SE., Washington, DC 20590-0001;
(ii) Be submitted with any attached supporting documentation by facsimile (fax) to: (202) 366-3753 or (202) 366-3308;
(iii) Be submitted electronically by e-mail to:
(iv) Be submitted using PHMSA's online system (table of contents omitted) at:
(2) The application must state the name, mailing address, physical address(es) of all known locations where the special permit would be used, e-mail address (if available), and telephone number of the applicant. If the applicant is not an individual, the application must state the company name, mailing address, physical address(es) of all known locations where the special permit would be used, e-mail address (if available), and telephone number of an individual designated as the point of contact for the applicant for all purposes related to the application, the name of the company Chief Executive Officer (CEO) or president, or ranking officer; and the Dun and Bradstreet Data Universal Numbering System (D-U-N-S) identifier.
(3) If the applicant is not a resident of the United States, in addition to the information listed in paragraph (a)(2) of this section, the application must identify and designate an agent that is a permanent resident of the United States for service in accordance with § 105.40 of this part.
(4) For a manufacturing special permit, in addition to the information listed in paragraph (a)(2) of this section, the application must state the name and street address of each of the facilities of the applicant where manufacturing under the special permit will occur, and the symbol of the packaging manufacturer (“M” number), if applicable.
(5) For persons required to be registered in accordance with Subpart F or G of this part, in addition to the information listed in paragraph (a)(2) of this section, the application must provide the registration number or the
(b)
(c)
(1) A citation of the specific regulation from which the applicant seeks relief;
(2) The proposed mode or modes of transportation, including a description of all operational controls required;
(3) A detailed description of the proposed special permit (
(4) A specification of the proposed duration or schedule of events for which the special permit is sought;
(5) A statement outlining the applicant's basis for seeking relief from compliance with the specified regulations and, if the special permit is requested for a fixed period, a description of how compliance will be achieved at the end of that period. For transportation by air, a statement outlining the reason(s) the hazardous material is being transported by air if other modes are available;
(6) If the applicant seeks emergency processing specified in § 107.117, a statement of supporting facts and reasons;
(7) Identification and description, including an estimated quantity of each shipment of the hazardous materials planned for transportation under the special permit or;
(8) Description of each packaging, including specification or special permit number, as applicable, to be used in conjunction with the requested special permit;
(9) For alternative packagings, documentation of quality assurance controls, package design, manufacture, performance test criteria, in-service performance and service-life limitations;
(10) An estimate of the number of operations expected to be conducted or number of shipments to be transported under the special permit;
(11) An estimate of the number of packagings expected to be manufactured under the special permit, if applicable;
(12) A statement as to whether the special permit being sought is related to a compliance review, inspection activity, or enforcement action; and
(13) When a Class 1 material is forbidden for transportation by aircraft except under a special permit (
(14) A statement indicating whether the applicant will be acting as a shipper (offeror), carrier or both under the terms of the special permit.
(d)
(1) Information describing all relevant shipping and incident experience of which the applicant is aware that relates to the application; and
(2) A statement identifying any increased risk to safety or property that may result if the special permit is granted, and a description of the measures to be taken to address that risk; and
(3) Either:
(i) Substantiation, with applicable analyses, data or test results (
(ii) If the regulations do not establish a level of safety, an analysis that identifies each hazard, potential failure mode and the probability of its occurrence, and how the risks associated with each hazard and failure mode are controlled for the duration of an activity or life-cycle of a packaging.
(a) Any person eligible to apply for a special permit may apply to be a party to an application or an existing special permit, other than a manufacturing special permit.
(b) Each application filed under this section must conform to the following requirements:—
(1) The application must:
(i) Be submitted to the Associate Administrator for Hazardous Materials Safety (Attention: General Approvals and Permits, PHH-31), Pipeline and Hazardous Materials Safety Administration, U.S. Department of Transportation, East Building, 1200 New Jersey Avenue, SE., Washington, DC 20590-0001;
(ii) Be submitted with any attached supporting documentation by facsimile (fax) to: (202) 366-3753 or (202) 366-3308; or
(iii) Be submitted by electronically by e-mail to:
(2) The application must identify by number the special permit application or special permit to which the applicant seeks to become a party.
(3) The application must state the name, mailing address, physical address(es) of all known locations where the special permit would be used, e-mail address (if available), and telephone number of the applicant. If the applicant is not an individual, the application must state the company name, mailing address, physical address(es) of all known locations where the special permit would be used, e-mail address (if available), and telephone number of an individual designated as the point of contact for the applicant for all purposes related to the application, the name of the company Chief Executive Officer (CEO), president, or ranking executive officer and the Dun and Bradstreet Data Universal Numbering System (D-U-N-S) identifier. In addition, each applicant must state why party status to the special permit is needed and must submit a certification of understanding of the provisions of the special permit to which party status is being requested.
(4) If the applicant is not a resident of the United States, the application must identify and designate an agent that is a permanent resident of the United States for service in accordance with § 105.40 of part.
(5) For a Class 1 material that is forbidden for transportation by aircraft except under a special permit (
(6) The applicant must certify that the applicant has not previously been granted party status to the special permit. If the applicant has previously been granted party status, the applicant must follow renewal procedures as specified in § 107.109.
(7) A statement indicating whether the applicant will be acting as a shipper (offeror), carrier or both under the terms of the special permit.
(c) The Associate Administrator may grant or deny an application for party status in the manner specified in § 107.113(e) and (f) of this subpart.
(d) A party to a special permit is subject to all terms of that special permit, including the expiration date. If a party to a special permit wishes to renew party status, the special permit renewal procedures set forth in § 107.109 apply.
(a) Each application for renewal of a special permit or party status to a special permit must conform to the following requirements:
(1) The application must:
(i) Be submitted to the Associate Administrator for Hazardous Materials Safety (Attention: General Approvals and Permits, PHH-31), Pipeline and Hazardous Materials Safety Administration, U.S. Department of Transportation, East Building, 1200 New Jersey Avenue, SE., Washington, DC 20590-0001;
(ii) Be submitted with any attached supporting documentation submitted in an appropriate format by facsimile (fax) to: (202) 366-3753 or (202) 366-3308; or
(iii) Be submitted electronically by e-mail to:
(2) The application must identify by number the special permit for which renewal is requested.
(3) The application must state the name, mailing address, physical address(es) of all known new locations not previously identified in the application where the special permit would be used and all locations not previously identified where the special permit was used, e-mail address (if available), and telephone number of the applicant. If the applicant is not an individual, the application must state the name, mailing address, physical address(es) of all known new locations not previously identified in the application where the special permit would be used and all locations not previously identified where the special permit was used, e-mail address (if available), and telephone number of an individual designated as the point of contact for the applicant for all purposes related to the application, the name of the company Chief Executive Officer (CEO), president, or ranking executive officer, and the Dun and Bradstreet Data Universal Numbering System (D-U-N-S) identifier. In addition, each applicant for renewal of party status must state why party status to the special permit is needed and must submit a certification of understanding of the provisions of the special permit to which party status is being requested.
(4) The application must include either a certification by the applicant that the original application, as it may have been updated by any application for renewal, remains accurate (
(5) The application must include a statement describing all relevant operational, shipping, and incident experience of which the applicant is aware in connection with the special permit since its issuance or most recent renewal. If the applicant is aware of no incidents, the applicant must so certify. When known to the applicant, the statement must indicate the approximate number of shipments made or packages shipped, as applicable, and the number of shipments or packages involved in any loss of contents, including loss by venting other than as authorized in subchapter C.
(6) When a Class 1 material is forbidden for transportation by aircraft, except under a special permit (
(7) If the renewal is requested after the expiration date of the special permit, the following information is required:
(i) The reason the special permit authorization was allowed to expire;
(ii) A certification statement that no shipments were transported after the expiration date of the special permit, or a statement describing any transportation under the terms of the special permit after the expiration date, if applicable; and
(iii) A statement describing the action(s) the applicant will take to ensure future renewal is requested before the expiration date.
(8) If no operations or shipments have been made since the issuance or renewal of the special permit, the applicant must provide specific justification as to why the special permit should be renewed.
(9) A statement indicating whether the applicant will be acting as a shipper (offeror), carrier or both under the terms of the special permit.
(b) If, at least 60 days before an existing special permit expires the holder files an application for renewal that is complete and conforms to the requirements of this section, the special permit will not expire until final administrative action on the application for renewal has been taken.
An application may be withdrawn at any time before a decision to grant or deny it is made. Withdrawal of an application does not authorize the removal of any related records from the PHMSA dockets or files. Applications that are eligible for confidential treatment under § 105.30 will remain confidential after the application is withdrawn. The duration of this confidential treatment for trade secrets and commercial or financial information is indefinite, unless the party requesting the confidential treatment of the materials notifies the Associate Administrator that the confidential treatment is no longer required.
(a) The Associate Administrator reviews an application for a special permit, modification of a special permit, party to a special permit, or renewal of a special permit to determine if it is complete and conforms with the requirements of this subpart. This determination will be made within 30 days of receipt of the application for a special permit, modification of a special permit, or party to a special permit, and within 15 days of receipt of an application for renewal of a special permit. If an application is determined to be incomplete, the applicant is informed of the deficiency.
(b) An application, that is not a renewal, party to, or emergency special permit application, and is determined to be complete is docketed. Notice of the application is published in the
(c) No public hearing or other formal proceeding is required under this subpart before the disposition of an application. Unless emergency processing under § 107.117 is requested and granted, applications are usually processed in the order in which they are filed.
(d) During the processing and evaluation of an application, the Associate Administrator may conduct an on-site review or request additional information from the applicant. A failure to cooperate with an on-site review may result in the application being deemed incomplete and subsequently being denied. If the applicant does not respond to a written or electronic request for additional information within 30 days of the date the request was received, the application may be deemed incomplete and denied. However, if the applicant responds in writing or by electronic means within the 30-day period requesting an additional 30 days within which it will gather the requested information, the Associate Administrator may grant the 30-day extension.
(e) The Associate Administrator may grant or deny an application, in whole or in part. In the Associate Administrator's discretion, an application may be granted subject to provisions that are appropriate to protect health, safety or property. The Associate Administrator may impose additional provisions not specified in the application or remove conditions in the application that are unnecessary.
(f) The Associate Administrator may grant an application on finding that—
(1) The application complies with this subpart;
(2) The application demonstrates that the proposed alternative will achieve a level of safety that:
(i) Is at least equal to that required by the regulation from which the special permit is sought, or
(ii) If the regulations do not establish a level of safety, is consistent with the public interest and adequately will protect against the risks to life and property inherent in the transportation of hazardous materials in commerce;
(3) The application states all material facts, and contains no materially false or materially misleading statement;
(4) The applicant meets the qualifications required by applicable regulations; and
(5) The applicant is fit to conduct the activity authorized by the special permit. This assessment may be based on information in the application, prior compliance history of the applicant, and other information available to the Associate Administrator.
(g) An applicant is notified in writing or by electronic means whether the application is granted or denied. A denial contains a brief statement of reasons.
(h) The initial special permit terminates according to its terms or, if not otherwise specified, 24 months from the date of issuance. A subsequent renewal of a special permit terminates according to its terms or, if not otherwise specified, 48 months after the date of issuance. A grant of party status to a special permit, unless otherwise stated, terminates on the date that the special permit expires.
(i) The Associate Administrator, on determining that an application concerns a matter of general applicability and future effect and should be the subject of rulemaking, may initiate rulemaking under part 106 of this chapter in addition to or instead of acting on the application.
(j) The Associate Administrator publishes in the
(a) An application is granted emergency processing if the Associate Administrator, on the basis of the application and any inquiry undertaken, finds that—
(1) Emergency processing is necessary to prevent significant injury to persons or property (other than the hazardous material to be transported) that could not be prevented if the application were processed on a routine basis; or
(2) Emergency processing is necessary for immediate national security purposes or to prevent significant economic loss that could not be prevented if the application were processed on a routine basis.
(b) Where the significant economic loss is to the applicant, or to a party in a contractual relationship to the applicant with respect to the activity to be undertaken, the Associate Administrator may deny emergency processing if timely application could have been made.
(c) A request for emergency processing on the basis of potential economic loss must reasonably describe and estimate the potential loss.
(d) An application submitted under this section must conform to § 107.105 to the extent that the receiving Department official deems necessary to process the application. An application on an emergency basis must be submitted to the Department modal contact official for the initial mode of transportation to be utilized, as follows:
(1)
(2)
(3)
(4)
(5)
(e) On receipt of all information necessary to process the application, the receiving Department official transmits to the Associate Administrator, by the most rapid available means of communication, an evaluation as to whether an emergency exists under § 107.117(a) and, if appropriate, recommendations as to the conditions to be included in the special permit. If the Associate Administrator determines that an emergency exists under § 107.117(a) and that, with reference to the criteria of § 107.113(f), granting of the application is in the public interest, the Associate Administrator grants the application subject to such terms as necessary and immediately notifies the applicant. If the Associate Administrator determines that an emergency does not exist or that granting of the application is not in the public interest, the applicant immediately is so notified.
(f) A determination that an emergency does not exist is not subject to reconsideration under § 107.123 of this part.
(g) Within 90 days following issuance of an emergency special permit, the Associate Administrator will publish, in the
(a) The Associate Administrator may modify a special permit or grant of party status on finding that:
(1) Modification is necessary so that the special permit reflects current statutes and regulations; or
(2) Modification is required by changed circumstances to meet the standards of § 107.113(f).
(b) The Associate Administrator may modify, suspend or terminate a special permit or grant of party status, as appropriate, on finding that:
(1) Because of a change in circumstances, the special permit or party status no longer is needed or no longer would be granted if applied for;
(2) The application contained inaccurate or incomplete information, and the special permit or party status would not have been granted had the application been accurate and complete;
(3) The application contained deliberately inaccurate or incomplete information; or
(4) The holder or party knowingly has violated the terms of the special permit or an applicable requirement of this chapter in a manner demonstrating the holder or party is not fit to conduct the activity authorized by the special permit.
(c) Except as provided in paragraph (d) of this section, before a special permit or grant of party status is modified, suspended, or terminated, the Associate Administrator notifies the holder or party in writing or by electronic means of the proposed action and the reasons for it, and provides an opportunity to show cause why the proposed action should not be taken.
(1) Within 30 days of receipt of notice of the proposed action, the holder or party may file a response in writing or by electronic means that shows cause
(2) After considering the holder's or party's response, or after 30 days have passed without response since receipt of the notice, the Associate Administrator notifies the holder or party in writing or by electronic means of the final decision with a brief statement of reasons.
(d) The Associate Administrator, if necessary to avoid a risk of significant harm to persons or property, may, in the notification, declare the proposed action immediately effective.
(a) An applicant for special permit, a special permit holder, or an applicant for party status to a special permit may request that the Associate Administrator reconsider a decision under § 107.113(g), § 107.117(e) or § 107.121(c) of this part. The request must—
(1) Be in writing or by electronic means and filed within 20 days of receipt of the decision;
(2) State in detail any alleged errors of fact and law;
(3) Enclose any additional information needed to support the request to reconsider; and
(4) State in detail the modification of the final decision sought.
(b) The Associate Administrator grants or denies, in whole or in part, the relief requested and informs the requesting person in writing or by electronic means of the decision. If necessary to avoid a risk of significant harm to persons or property, the Associate Administrator may, in the notification, declare the action immediately effective.
(a) A person who requested reconsideration under § 107.123 and is denied the relief requested may appeal to the Administrator. The appeal must—
(1) Be in writing or by electronic means and filed within 30 days of receipt of the Associate Administrator's decision on reconsideration; (2) state in detail any alleged errors of fact and law;
(2) State in detail any alleged errors of fact and law;
(3) Enclose any additional information needed to support the appeal; and
(4) State in detail the modification of the final decision sought.
(b) The Administrator, if necessary to avoid a risk of significant harm to persons or property, may declare the Associate Administrator's action effective pending a decision on appeal.
(c) The Administrator grants or denies, in whole or in part, the relief requested and informs the appellant in writing or by electronic means of the decision. The Administrator's decision is the final administrative action.
(a) Documents related to an application under this subpart, including the application itself, are available for public inspection, except as specified in paragraph (b) of this section, at the Office of the Associate Administrator for Hazardous Materials Safety, Pipeline and Hazardous Materials Safety Administration, Approvals and Permits Division, U.S. Department of Transportation, East Building, PHH-30, 1200 New Jersey Avenue, SE., Washington, DC 20590-0001. Office hours are 8:30 a.m. to 5 p.m., Monday through Friday, except Federal holidays when the office is closed. Copies of available documents may be obtained as provided in part 7 of this title. Documents numbered 11832 and above may also be viewed at the website address
(b) Documents available for inspection do not include materials determined to be withheld from public disclosure under § 105.30 and in accordance with the applicable provisions of section 552(b) of title 5, United States Code, and part 7 of this title.
(a) This subpart prescribes procedures by which:
(1) Any person, including a State, political subdivision, or Indian tribe, directly affected by a requirement of a State, political subdivision, or Indian tribe, may apply for a determination as to whether that requirement is preempted under 49 U.S.C. 5125.
(2) A State, political subdivision, or Indian tribe may apply for a waiver of preemption with respect to any requirement that the State, political subdivision, or Indian tribe acknowledges to be preempted by 49 U.S.C. 5125, or that has been determined by a court of competent jurisdiction to be so preempted.
(b) For purposes of this subpart “political subdivision” includes a municipality; a public agency or other instrumentality of one or more States, municipalities, or other political subdivisions of a State; or a public corporation, board, or commission established under the laws of one or more States.
(c) [Reserved]
(d) An application for a preemption determination that includes an application for a waiver of preemption will be treated and processed solely as an application for a preemption determination.
(a) Except as provided in § 107.221 and unless otherwise authorized by Federal law, any requirement of a State or political subdivision thereof or an Indian tribe that concerns one of the following subjects and that is not substantively the same as any provision of the Federal hazardous materials transportation law, a regulation issued under the Federal hazardous material transportation law, or a hazardous material transportation security regulation or directive issued by the Secretary of Homeland Security that concerns that subject, is preempted:
(1) The designation, description, and classification of hazardous material.
(2) The packing, repacking, handling, labeling, marking, and placarding of hazardous material.
(3) The preparation, execution, and use of shipping documents pertaining to hazardous material and requirements related to the number, content, and placement of those documents.
(4) The written notification, recording, and reporting of the unintentional release in transportation of hazardous material.
(5) The design, manufacturing, fabrication, marking, maintenance, reconditioning, repairing, or testing of a packaging or a container which is represented, marked, certified, or sold as qualified for use in the transportation of hazardous material.
(b) Except as provided in § 107.221 and unless otherwise authorized by Federal law, any requirement of a State or political subdivision or Indian tribe is preempted if—
(1) It is not possible to comply with a requirement of the State, political subdivision, or Indian tribe and a requirement under the Federal hazardous material transportation law, a regulation issued under the Federal hazardous material transportation law, or a hazardous material transportation security regulation or directive issued by the Secretary of Homeland Security;
(2) The requirement of the State, political subdivision, or Indian tribe, as applied or enforced, is an obstacle to accomplishing and carrying out the Federal hazardous material transportation law, a regulation issued under the Federal hazardous material transportation law, or a hazardous material transportation security regulation or directive issued by the Secretary of Homeland Security.
(3) It is preempted under 49 U.S.C. 5125 (c).
(c) A State, political subdivision, or Indian tribe may impose a fee related to transporting hazardous material only if the fee is fair and used for a purpose related to transporting hazardous material, including enforcement and planning, developing and
(d) For purposes of this section, “substantively the same” means that the non-Federal requirement conforms in every significant respect to the Federal requirement. Editorial and other similar
(a) With the exception of highway routing matters covered under 49 U.S.C. 5125(c), any person, including a State or political subdivision thereof or an Indian tribe, directly affected by any requirement of a State or political subdivision thereof or an Indian tribe, may apply to the Chief Counsel for a determination as to whether that requirement is preempted by § 107.202(a), (b), or (c).
(b) Each application filed under this section for a determination must:
(1) Be submitted to the Chief Counsel:
(i) By mail addressed to the Chief Counsel, Pipeline and Hazardous Materials Safety Administration, U.S. Department of Transportation, East Building, PHC-1, 1200 New Jersey Avenue, SE., Washington, DC 20590-0001;
(ii) By facsimile to 202-366-7041; or
(iii) Electronically to the Chief Counsel at
(2) Set forth the text of the State or political subdivision or Indian tribe requirement for which the determination is sought;
(3) Specify each requirement of the Federal hazardous materials transportation law, regulations issued under the Federal hazardous material transportation law, or hazardous material transportation security regulations or directives issued by the Secretary of Homeland Security with which the applicant seeks the State or political subdivision or Indian tribe requirement to be compared;
(4) Explain why the applicant believes the State or political subdivision or Indian tribe requirement should or should not be preempted under the standards of § 107.202; and
(5) State how the applicant is affected by the State or political subdivision or Indian tribe requirement.
(c) The filing of an application for a determination under this section does not constitute grounds for noncompliance with any requirement of the Federal hazardous materials transportation law, regulations issued under the Federal hazardous material transportation law, or hazardous material transportation security regulations or directives issued by the Secretary of Homeland Security.
(d) Once the Chief Counsel has published notice in the
(a) If the applicant is other than a State, political subdivision, or Indian tribe, the applicant shall mail a copy of the application to the State, political subdivision, or Indian tribe concerned accompanied by a statement that the State, political subdivision, or Indian tribe may submit comments regarding the application to the Chief Counsel. The application filed with the Chief Counsel must include a certification that the applicant has complied with
(b) The Chief Counsel will publish notice of, including an opportunity to comment on, an application in the
(c) Each person submitting written comments to the Chief Counsel with respect to an application filed under this section must send a copy of the comments to the applicant and certify to the Chief Counsel that he or she has complied with this requirement. The Chief Counsel may notify other persons participating in the proceeding of the comments and provide an opportunity for those other persons to respond. Late-filed comments are considered so far as practicable.
(a) The Chief Counsel may initiate an investigation of any statement in an application and utilize in his or her evaluation any relevant facts obtained by that investigation. The Chief Counsel may solicit and accept submissions from third persons relevant to an application and will provide the applicant an opportunity to respond to all third person submissions. In evaluating an application, the Chief Counsel may consider any other source of information. The Chief Counsel on his or her own initiative may convene a hearing or conference, if he or she considers that a hearing or conference will advance his or her evaluation of the application.
(b) The Chief Counsel may dismiss the application without prejudice if:
(1) He or she determines that there is insufficient information upon which to base a determination; or
(2) He or she requests additional information from the applicant and it is not submitted.
(a) Upon consideration of the application and other relevant information received, the Chief Counsel issues a determination.
(b) The determination includes a written statement setting forth the relevant facts and the legal basis for the determination, and provides that any person aggrieved thereby may file a petition for reconsideration with the Chief Counsel.
(c) The Chief Counsel provides a copy of the determination to the applicant and to any other person who substantially participated in the proceeding or requested in comments to the docket to be notified of the determination. A copy of each determination is placed on file in the public docket. The Chief Counsel will publish the determination or notice of the determination in the
(d) A determination issued under this section constitutes an administrative determination as to whether a particular requirement of a State or political subdivision or Indian tribe is preempted under the Federal hazardous materials transportation law. The fact that a determination has not been issued under this section with respect to a particular requirement of a State or political subdivision or Indian tribe carries no implication as to whether the requirement is preempted under the Federal hazardous materials transportation law.
(a) Any person aggrieved by a determination issued under § 107.209 may file a petition for reconsideration. The petition must be filed with the Chief Counsel, in the same manner specified for filing an application in § 107.203(b), within 20 days of publication of the determination in the
(b) The petition must contain a concise statement of the basis for seeking review, including any specific factual
(c) The petitioner shall mail a copy of the petition to each person who participated, either as an applicant or commenter, in the preemption determination proceeding, accompanied by a statement that the person may submit comments concerning the petition to the Chief Counsel within 20 days. The petition filed with the Chief Counsel must contain a certification that the petitioner has complied with this paragraph and include the names and addresses of all persons to whom a copy of the petition was sent. Late-filed comments are considered so far as practicable.
(d) The Chief Counsel will publish the decision on the petition for reconsideration or notice of the decision in the
A party to a proceeding under § 107.203(a) may seek review of a determination of the Chief Counsel by filing a petition, within 60 days after the determination becomes final, in the United States Court of Appeals for the District of Columbia or in the Court of Appeals for the United States for the circuit in which the person resides or has its principal place of business.
(a) With the exception of requirements preempted under 49 U.S.C. 5125(c), a State or political subdivision thereof, or Indian tribe may apply to the Chief Counsel for a waiver of preemption with respect to any requirement that the State or political subdivision thereof or Indian tribe acknowledges to be preempted under the Federal hazardous materials transportation law, or that has been determined by a court of competent jurisdiction to be so preempted. The Chief Counsel may waive preemption with respect to such requirement upon a determination that such requirement—
(1) Affords an equal or greater level of protection to the public than is afforded by the requirements of the Federal hazardous material transportation law or the regulations issued thereunder, and
(2) Does not unreasonably burden commerce.
(b) Each application filed under this section for a waiver of preemption determination must:
(1) Be submitted to the Chief Counsel:
(i) By mail addressed to the Chief Counsel, Pipeline and Hazardous Materials Safety Administration, U.S. Department of Transportation, East Building, PHC-1, 1200 New Jersey Avenue, SE., Washington, DC 20590-0001;
(ii) By facsimile to 202-366-7041; or
(iii) Electronically to the Chief Counsel at
(2) Set forth the text of the State or political subdivision requirement for which the determination is being sought;
(3) Include a copy of any court order and any ruling issued under § 107.209 having a bearing on the application;
(4) Contain an express acknowledgment by the applicant that the State, political subdivision, or Indian tribe requirement is preempted under Federal hazardous materials transportation law, unless it has been so determined by a court of competent jurisdiction or in a determination issued under § 107.209;
(5) Specify each requirement of the Federal hazardous materials transportation law that preempts the State, political subdivision, or Indian tribe requirement;
(6) State why the applicant believes the State, political subdivision or Indian tribe requirements affords an equal or greater level of protection to the public than is afforded by the requirements of the Federal hazardous material transportation law or the regulations issued thereunder;
(7) State why the applicant believes the State, political subdivision or Indian tribe requirement does not unreasonably burden commerce; and
(8) Specify what steps the State, political subdivision or Indian tribe is taking to administer and enforce effectively its inconsistent requirement.
(a) The applicant shall mail a copy of the application and any subsequent amendments or other documents relating to the application to each person who is reasonably ascertainable by the applicant as a person who will be affected by the determination sought. The copy of the application must be accompanied by a statement that the person may submit comments regarding the application within 45 days. The application must include a certification that the application has complied with this paragraph and must include the names and addresses of each person to whom the application was sent.
(b) Notwithstanding the provisions of paragraph (a) of this section, if the State or political subdivision determines that compliance with paragraph (a) of this section would be impracticable, the applicant shall:
(1) Comply with the requirements of paragraph (a) of this section with regard to those persons whom it is reasonable and practicable to notify; and
(2) Include with the application a description of the persons or class or classes of persons to whom notice was not sent.
(c) The Chief Counsel may require the applicant to provide notice in addition to that required by paragraphs (a) and (b) of this section, or may determine that the notice required by paragraph (a) of the section is not impracticable, or that notice should be published in the
(d) The Chief Counsel may notify any other persons who may be affected by the outcome of a determination on the application.
(e) Any person submitting written comments with respect to an application filed under this section shall send a copy of the comments to the applicant. The person shall certify that he has complied with the requirements of this paragraph. The Chief Counsel may notify other persons participating in the proceeding of the comments and provide an opportunity for those other persons to respond.
(a) The Chief Counsel may initiate an investigation of any statement in an application and utilize in his or her evaluation any relevant facts obtained by that investigation. The Chief Counsel may solicit and accept submissions from third persons relevant to an application and will provide the applicant an opportunity to respond to all third person submissions. In evaluating an application, the Chief Counsel on his or her own initiative may convene a hearing or conference, if he or she considers that a hearing or conference will advance his or her evaluation of the application.
(b) The Chief Counsel may dismiss the application without prejudice if:
(1) He or she determines that there is insufficient information upon which to base a determination;
(2) Upon his or her request, additional information is not submitted by the applicant; or
(3) The applicant fails to provide the notice required by § 107.217.
(c) The Chief Counsel will only consider an application for waiver of preemption determination if—
(1) The applicant State or political subdivision thereof or Indian tribe expressly acknowledges in its application that the State or political subdivision or Indian tribe requirement for which the determination is sought is inconsistent with the requirements of the
(2) The State or political subdivision thereof or Indian tribe requirement has been determined by a court of competent jurisdiction or in a ruling issued under § 107.209 to be inconsistent with the requirements of the Federal hazardous materials transportation law, regulations issued under the Federal hazardous material transportation law, or hazardous material transportation security regulations or directives issued by the Secretary of Homeland Security.
(d) When the Chief Counsel has received all substantive information it considers necessary to process an application for a waiver of preemption determination, it serves notice of that fact upon the applicant and all other persons who received notice of the proceeding pursuant to § 107.217.
(e) To the extent possible, each application for a waiver of preemption determination will be acted upon in a manner consistent with the disposition of previous applications for waiver of preemption determinations.
(a) After considering the application and other relevant information received or obtained during the proceeding, the Chief Counsel issues a determination.
(b) The Chief Counsel may issue a waiver of preemption only on finding that the requirement of the State or political subdivision thereof or Indian tribe affords the public a level of safety at least equal to that afforded by the requirements of the Federal hazardous material transportation law or the regulations issued thereunder and does not unreasonably burden commerce. In determining if the requirement of the State or political subdivision thereof or Indian tribe unreasonably burdens commerce, the Chief Counsel considers:
(1) The extent to which increased costs and impairment of efficiency result from the requirement of the State or political subdivision thereof or Indian tribe.
(2) Whether the requirement of the State or political subdivision thereof or Indian tribe has a rational basis.
(3) Whether the requirement of the State or political subdivision thereof or Indian tribe achieves its stated purpose.
(4) Whether there is need for uniformity with regard to the subject concerned and if so, whether the requirement of the State or political subdivision thereof or Indian tribe competes or conflicts with those of other States or political subdivisions thereof or Indian tribes.
(c) The determination includes a written statement setting forth relevant facts and legal bases and providing that any person aggrieved by the determination may file a petition for reconsideration with the Chief Counsel.
(d) The Chief Counsel provides a copy of the determination to the applicant and to any other person who substantially participated in the proceeding or requested in comments to the docket to be notified of the determination. A copy of the determination is placed on file in the public docket. The Chief Counsel will publish the determination or notice of the determination in the
(e) A determination under this section constitutes an administrative finding of whether a particular requirement of a State or political subdivision thereof or Indian tribe is preempted under the Federal hazardous materials transportation law, or whether preemption is waived.
(a) Any person aggrieved by a determination under § 107.221 may file a petition for reconsideration. The petition
(b) The petition must contain a concise statement of the basis for seeking review, including any specific factual or legal error alleged. If the petition requests consideration of information that was not previously made available to the Chief Counsel, the petition must include the reasons why such information was not previously made available.
(c) The petitioner shall mail a copy of the petition to each person who participated, either as an applicant or commenter, in the waiver of preemption proceeding, accompanied by a statement that the person may submit comments concerning the petition to the Chief Counsel within 20 days. The petition filed with the Chief Counsel must contain a certification that the petitioner has complied with this paragraph and include the names and addresses of all persons to whom a copy of the petition was sent. Late-filed comments are considered so far as practicable.
(d) The Chief Counsel will publish the decision on the petition for reconsideration or notice of the decision in the
A party to a proceeding under § 107.215(a) may seek review of a determination of the Chief Counsel by filing a petition, within 60 days after the determination becomes final, in the United States Court of Appeals for the District of Columbia or in the Court of Appeals for the United States for the circuit in which the person resides or has its principal place of business.
Under redelegation from the Administrator, Pipeline and Hazardous Materials Safety Administration, the Associate Administrator for Hazardous Materials Safety and the Office of the Chief Counsel exercise their authority for enforcement of the Federal hazardous material transportation law, this subchapter, and subchapter C of this subchapter, in accordance with § 1.53 of this title.
This subchapter describes the various enforcement authorities exercised by the Associate Administrator for Hazardous Materials Safety and the Office of Chief Counsel and the associated sanctions and prescribes the procedures governing the exercise of those authorities and the imposition of those sanctions.
(a)
(b)
(1) An investigator will, on request, present his or her credentials for examination, but the credentials may not be reproduced.
(2) An investigator may administer oaths and receive affirmations in any matter under investigation by the Associate Administrator.
(3) An investigator may gather information by reasonable means including, but not limited to, interviews, statements, photocopying, photography, and video- and audio-recording.
(4) With concurrence of the Director, Field Operations, Pipeline and Hazardous Materials Safety Administration, an investigator may issue a subpoena for the production of documentary or other tangible evidence if, on the basis of information available to the investigator, the documents and evidence materially will advance a determination of compliance with this subchapter or subchapter C. Service of a subpoena shall be in accordance with § 105.50. A person to whom a subpoena is directed may seek review of the subpoena by applying to the Office of Chief Counsel in accordance with § 105.55(a). A subpoena issued under this paragraph may be enforced in accordance with § 105.55(b).
(c)
(d)
(e)
(a) When the Associate Administrator and the Office of Chief Counsel have reason to believe that a person is knowingly engaging or has knowingly engaged in conduct which is a violation of the Federal hazardous material transportation law or any provision of this subchapter or subchapter C of this chapter, or any exemption, special permit, or order issued thereunder, for which the Associate Administrator or the Office of Chief Counsel exercise enforcement authority, they may—
(1) Issue a warning letter, as provided in § 107.309;
(2) Initiate proceedings to assess a civil penalty, as provided in either §§ 107.310 or 107.311;
(3) Issue an order directing compliance, regardless of whether a warning letter has been issued or a civil penalty assessed; and
(4) Seek any other remedy available under the Federal hazardous material transportation law.
(b) In the case of a proceeding initiated for failure to comply with an exemption or special permit, the allegation of a violation of a term or condition thereof is considered by the Associate Administrator and the Office of Chief Counsel to constitute an allegation that the special permit holder or party to the special permit is failing, or has failed to comply with the underlying regulations from which relief was granted by the special permit.
(a) The Associate Administrator may issue a warning letter to any person whom the Associate Administrator believes to have committed a probable violation of the Federal hazardous material transportation law or any provision of this subchapter, subchapter C of this chapter, or any special permit issued thereunder.
(b) A warning letter issued under this section includes:
(1) A statement of the facts upon which the Associate Administrator bases its determination that the person has committed a probable violation;
(2) A statement that the recurrence of the probable violations cited may subject the person to enforcement action; and
(3) An opportunity to respond to the warning letter by submitting pertinent information or explanations concerning the probable violations cited therein.
(a) For an alleged violation that does not have a direct or substantial impact on safety, the Associate Administrator may issue a ticket.
(b) The Associate Administrator issues a ticket by mailing it by certified or registered mail to the person alleged to have committed the violation. The ticket includes:
(1) A statement of the facts on which the Associate Administrator bases the conclusion that the person has committed the alleged violation;
(2) The maximum penalty provided for by statute, the proposed full penalty determined according to PHMSA's civil penalty guidelines and the statutory criteria for penalty assessment, and the ticket penalty amount; and
(3) A statement that within 45 days of receipt of the ticket, the person must pay the penalty in accordance with paragraph (d) of this section, make an informal response under § 107.317, or request a formal administrative hearing under § 107.319.
(c) If the person makes an informal response or requests a formal administrative hearing, the Associate Administrator forwards the inspection report, ticket and response to the Office of the Chief Counsel for processing under §§ 107.307-107.339, except that the Office of the Chief Counsel will not issue a Notice of Probable Violation under § 107.311. The Office of the Chief Counsel may impose a civil penalty that does not exceed the proposed full penalty set forth in the ticket.
(d) Payment of the ticket penalty amount must be made in accordance with the instructions on the ticket.
(e) If within 45 days of receiving the ticket the person does not pay the ticket amount, make an informal response, or request a formal administrative hearing, the person has waived the right to make an informal response or request a hearing, has admitted the violation and owes the ticket penalty amount to PHMSA.
(a) The Office of Chief Counsel may serve a notice of probable violation on a person alleging the violation of one or more provisions of the Federal hazardous material transportation law or any provision of this subchapter or subchapter C of this chapter, or any special permit, or order issued thereunder.
(b) A notice of probable violation issued under this section includes the following information:
(1) A citation of the provisions of the Federal hazardous material transportation law, an order issued thereunder, this subchapter, subchapter C of this chapter, or the terms of any special permit issued thereunder which the Office of Chief Counsel believes the respondent is violating or has violated.
(2) A statement of the factual allegations upon which the demand for remedial action, a civil penalty, or both, is based.
(3) A statement of the respondent's right to present written or oral explanations, information, and arguments in answer to the allegations and in mitigation of the sanction sought in the notice of probable violation.
(4) A statement of the respondent's right to request a hearing and the procedures for requesting a hearing.
(5) In addition, in the case of a notice of probable violation proposing a compliance order, a statement of the proposed actions to be taken by the respondent to achieve compliance.
(6) In addition, in the case of a notice of probable violation proposing a civil penalty:
(i) A statement of the maximum civil penalty for which the respondent may be liable;
(ii) The amount of the preliminary civil penalty being sought by the Office of Chief Counsel, constitutes the maximum amount the Chief Counsel may seek throughout the proceeding; and
(iii) A description of the manner in which the respondent makes payment of any money due the United States as a result of the proceeding.
(c) The Office of Chief Counsel may amend a notice of probable violation at any time before issuance of a compliance order or an order assessing a civil penalty. If the Office of Chief Counsel alleges any new material facts or seeks new or additional remedial action or an increase in the amount of the proposed civil penalty, it issues a new notice of probable violation under this section.
(a) Within 30 days of receipt of a notice of probable violation, the respondent must either:
(1) Admit the violation under § 107.315;
(2) Make an informal response under § 107.317; or
(3) Request a hearing under § 107.319.
(b) Failure of the respondent to file a reply as provided in this section constitutes a waiver of the respondent's right to appear and contest the allegations and authorizes the Chief Counsel, without further notice to the respondent, to find the facts to be as alleged in the notice of probable violation and issue an order directing compliance or assess a civil penalty, or, if proposed in the notice, both. Failure to request a hearing under paragraph (a)(3) of this section constitutes a waiver of the respondent's right to a hearing.
(c) Upon the request of the respondent, the Office of Chief Counsel may, for good cause shown and filed within the 30 days prescribed in the notice of probable violation, extend the 30-day response period.
(a) In responding to a notice of probable violation issued under § 107.311, the respondent may admit the alleged violations and agree to accept the terms of a proposed compliance order or to pay the amount of the preliminarily assessed civil penalty, or, if proposed in the notice, both.
(b) If the respondent agrees to the terms of a proposed compliance order, the Chief Counsel issues a final order prescribing the remedial action to be taken by the respondent.
(c) Payment of a civil penalty, when the amount of the penalty exceeds $10,000, must be made by wire transfer, through the Federal Reserve Communications System (Fedwire), to the account of the U.S. Treasury. Detailed instructions on making payments by wire transfer may be obtained from the Financial Operations Division (AMZ-120), Federal Aviation Administration, Mike Monroney Aeronautical Center, P.O. Box 25082, Oklahoma City, OK 73125.
(d) Payment of a civil penalty, when the amount of the penalty is $10,000 or less, must be made either by wire transfer, as set forth in paragraph (c) of this section, or certified check or money order payable to “U.S. Department of Transportation” and submitted to the Financial Operations Division (AMZ-120), Federal Aviation Administration, Mike Monroney Aeronautical Center, P.O. Box 25082, Oklahoma City, OK 73125.
(a) In responding to a notice of probable violation under § 107.311, the respondent may submit to the official who issued the notice, written explanations, information, or arguments in response to the allegations, the terms of a proposed compliance order, or the amount of the preliminarily assessed civil penalty.
(b) The respondent may include in his informal response a request for a conference. Upon the request of the respondent, the conference may be either in person or by telephone. A request for a conference must set forth the issues the respondent will raise at the conference.
(c) Upon receipt of a request for a conference under paragraph (b) of this section, the Chief Counsel's Office, in consultation with the Associate Administrator, arranges for a conference as soon as practicable at a time and place of mutual convenience.
(d) The respondent's written explanations, information, and arguments as well as the respondent's presentation at a conference are considered by the Chief Counsel in reviewing the notice of probable violation. Based upon a review of the proceeding, the Chief Counsel may dismiss the notice of probable violation in whole or in part. If he does not dismiss it in whole, he issues an order directing compliance or assessing a civil penalty, or, if proposed in the notice, both.
(a) In responding to a notice of probable violation under § 107.311, the respondent may request a formal administrative hearing on the record before an Administrative Law Judge (ALJ) obtained by the Office of the Chief Counsel.
(b) A request for a hearing under paragraph (a) of this section must:
(1) State the name and address of the respondent and of the person submitting the request if different from the respondent;
(2) State which allegations of violations, if any, are admitted; and
(3) State generally the issues to be raised by the respondent at the hearing. Issues not raised in the request are not barred from presentation at the hearing; and
(4) Be addressed to the official who issued the notice.
(c) After a request for a hearing that complies with the requirements of paragraph (b) of this section, the Chief Counsel obtains an ALJ to preside over the hearing and notifies the respondent of this fact. Upon assignment of an ALJ, further matters in the proceeding generally are conducted by and through the ALJ, except that the Chief Counsel and respondent may compromise or settle the case under § 107.327 of this subpart without order of the ALJ or voluntarily dismiss the case under Rule 41(a)(1) of the Federal Rules of Civil Procedure without order of the ALJ; in the event of such a compromise, settlement or dismissal, the Chief Counsel expeditiously will notify the ALJ thereof.
(d) At any time after requesting a formal administrative hearing but prior to the issuance of a decision and final order by the ALJ, the respondent may withdraw such request in writing, thereby terminating the jurisdication of the ALJ in the case. Such a withdrawal constitutes an irrevocable waiver of respondent's right to such a hearing on the facts, allegations, and proposed sanction presented in the notice of probable violation to which the request for hearing relates.
(a) To the extent practicable, the hearing is held in the general vicinity of the place where the alleged violation occurred or at a place convenient to the respondent. Testimony by witnesses shall be given under oath and the hearing shall be recorded verbatim.
(b) Hearings are conducted in accordance with the Federal Rules of Evidence and Federal Rules of Civil Procedure; however, the ALJ may modify them as he determines necessary in the interest of a full development of the facts. In addition, the ALJ may:
(1) Administer oaths and affirmations;
(2) Issue subpoenas as provided by § 105.45;
(3) Adopt procedures for the submission of motions, evidence, and other documents pertinent to the proceeding;
(4) Take or cause depositions to be taken;
(5) Rule on offers of proof and receive relevant evidence;
(6) Examine witnesses at the hearing;
(7) Convene, recess, reconvene, adjourn and otherwise regulate the course of the hearing;
(8) Hold conferences for settlement, simplification of the issues, or any other proper purpose; and
(9) Take any other action authorized by, or consistent with, the provisions of this subpart and permitted by law which may expedite the hearing or aid in the disposition of an issue raised therein.
(c) The official who issued the notice of probable violation, or his representative, has the burden of proving the facts alleged therein.
(d) The respondent may appear and be heard on his own behalf or through counsel of his choice. The respondent or his counsel may offer relevant information including testimony which he believes should be considered in opposition to the allegations or which may bear on the sanction being sought and conduct such cross-examination as may be required for a full disclosure of the facts.
(a) After consideration of all matters of record in the proceeding, the ALJ shall issue an order dismissing the notice of probable violation in whole or in part or granting the sanction sought by the Office of Chief Counsel in the notice. If the ALJ does not dismiss the notice of probable violation in whole, he issues an order directing compliance or assessing a civil penalty, or, if proposed in the notice, both. The order includes a statement of the findings and conclusions, and the reasons therefore, on all material issues of fact, law, and discretion.
(b) If, within 20 days of receipt of an order issued under paragraph (a) of this section, the respondent does not submit in writing his acceptance of the terms of an order directing compliance, or, where appropriate, pay a civil penalty, or file an appeal under § 107.325, the case may be referred to the Attorney General with a request that an action be brought in the appropriate United States District Court to enforce the terms of a compliance order or collect the civil penalty.
(a)
(b)
(c) An appeal of an order issued under this subpart must:
(1) Be filed within 20 days of receipt of the order by the appealing party; and
(2) State with particularity the findings in the order that the appealing party challenges, and include all information and arguments pertinent thereto.
(d) If the Administrator, PHMSA, affirms the order in whole or in part, the respondent must comply with the terms of the decision within 20 days of the respondent's receipt thereof, or within the time prescribed in the order. If the respondent does not comply with the terms of the decision within 20 days of receipt, or within the time prescribed in the order, the case may be referred to the Attorney General for action to enforce the terms of the decision.
(e) The filing of an appeal stays the effectiveness of an order issued under § 107.317 or § 107.323. However, if the Administrator, PHMSA, determines that it is in the public interest, he may keep an order directing compliance in force pending appeal.
(a) At any time before an order issued under § 107.317 or § 107.323 is referred to the Attorney General for enforcement, the respondent or the Office of Chief Counsel may propose a compromise as follows:
(1) In civil penalty cases, the respondent or Chief Counsel may offer to compromise the amount of the penalty by submitting an offer for a specific amount to the other party. An offer of compromise by the respondent shall be submitted to the Chief Counsel who may, after consultation with the Associate Administrator, accept or reject it.
(i) A compromise offer stays the running of any response period then outstanding.
(ii) If a compromise is agreed to by the parties, the respondent is notified in writing. Upon receipt of payment by Office of Chief Counsel, the respondent is notified in writing that acceptance of payment is in full satisfaction of the civil penalty proposed or assessed, and Office of Chief Counsel closes the case with prejudice to the respondent.
(iii) If a compromise cannot be agreed to, the respondent is notified in writing and is given 10 days or the amount of time remaining in the then outstanding response period, whichever is longer, to respond to whatever action was taken by the Office of Chief Counsel or the Administrator, PHMSA.
(2) In compliance order cases, the respondent may propose a consent agreement to the Chief Counsel. If the Chief Counsel accepts the agreement, he issues an order in accordance with its terms. If the Chief Counsel rejects the agreement, he directs that the proceeding continue. An agreement submitted to the Chief Counsel must include:
(i) A statement of any allegations of fact which the respondent challenges;
(ii) The reasons why the terms of a compliance order or proposed compliance order are or would be too burdensome for the respondent, or why such terms are not supported by the record in the case;
(iii) A proposed compliance order suitable for issuance by the Chief Counsel;
(iv) An admission of all jurisdictional facts; and
(v) An express waiver of further procedural steps and all right to seek judicial review or otherwise challenge or contest the validity of the order.
(b) Notwithstanding paragraph (a)(1) of this section, the respondent or Office of Chief Counsel may propose to settle the case. If the Chief Counsel agrees to a settlement, the respondent is notified and the case is closed without prejudice to the respondent.
(a) A person who knowingly violates a requirement of the Federal hazardous material transportation law, an order issued thereunder, this subchapter, subchapter C of this chapter, or a special permit or approval issued under this subchapter applicable to the transportation of hazardous materials or the causing of them to be transported or shipped is liable for a civil penalty of not more than $55,000 and not less than $250 for each violation, except the maximum civil penalty is $110,000 if the violation results in death, serious illness or severe injury to any person or substantial destruction of property, and a minimum $495 civil penalty applies to a violation relating to training. When the violation is a continuing one, each day of the violation constitutes a separate offense.
(b) A person who knowingly violates a requirement of the Federal hazardous material transportation law, an order issued thereunder, this subchapter, subchapter C of this chapter, or a special permit or approval issued under
After finding a knowing violation under this subpart, the Office of Chief Counsel assesses a civil penalty taking the following into account:
(a) The nature and circumstances of the violation;
(b) The extent and gravity of the violation;
(c) The degree of the respondent's culpability;
(d) The respondent's prior violations;
(e) The respondent's ability to pay;
(f) The effect on the respondent's ability to continue in business; and
(g) Such other matters as justice may require.
A person who knowingly violates § 171.2(l) of this title or willfully or recklessly violates a requirement of the Federal hazardous material transportation law or a regulation, order, special permit, or approval issued thereunder shall be fined under title 18, United States Code, or imprisoned for not more than 5 years, or both, except the maximum amount of imprisonment shall be 10 years in any case in which the violation involves the release of a hazardous material which results in death or bodily injury to any person.
If the Associate Administrator becomes aware of a possible willful violation of the Federal hazardous material transportation law, this subchapter, subchapter C of this chapter, or any special permit, or order issued thereunder, for which the Associate Administrator exercises enforcement responsibility, it shall report it to the Office of the Chief Counsel, Pipeline and Hazardous Materials Safety Administration, U.S. Department of Transportation, Washington, DC 20590-0001. If appropriate, the Chief Counsel refers the report to the Department of Justice for criminal prosecution of the offender.
If a State or political subdivision or Indian tribe assesses any fine or penalty determined by the Secretary to be appropriate for a violation concerning a subject listed in § 107.202(a), no additional fine or penalty may be assessed for such violation by any other authority.
Whenever it appears to the Office of Chief Counsel that a person has engaged, or is engaged, or is about to engage in any act or practice constituting a violation of any provision of the Federal hazardous material transportation law, this subchapter, subchapter C of this chapter, or any special permit, or order issued thereunder, for which the Office of Chief Counsel exercises enforcement responsibility,
Whenever it appears to the Office of the Chief Counsel that there is a substantial likelihood that death, serious illness, or severe personal injury will result from the transportation of a particular hazardous material or hazardous materials container, before a compliance order proceeding or other administrative hearing or formal proceeding to abate the risk of that harm can be completed, the Administrator, PHMSA, or his delegate, may bring an action under 49 U.S.C. 5122(b) in the appropriate United States District Court for an order suspending or restricting the transporation of that hazardous material or those containers or for such other equitable relief as is necessary or appropriate to ameliorate the hazard.
I. This appendix sets forth the guidelines used by the Office of Hazardous Materials Safety (as of October 1, 2005) in making initial baseline determinations for recommending civil penalties. The first part of these guidelines is a list of baseline amounts or ranges for probable violations frequently cited in enforcement reports referred for action. Following the list of violations are general guidelines used by OHMS in making initial penalty determinations in enforcement cases.
A. These guidelines are used by the Office of Hazardous Materials Safety (OHMS) in setting initial proposed penalties for hazmat violations. They indicate baseline amounts or ranges for probable violations frequently cited in enforcement reports and set forth general OHMS policy for considering statutory criteria.
B. The initial baseline determination partially considers the nature, extent, circumstances, and gravity of the alleged violation. That determination then is adjusted to consider all other evidence concerning the nature, extent, circumstances, and gravity of the alleged violation; degree of culpability; history of prior violations; ability to pay; effect of the penalty on ability to continue to do business; and such other matters as justice may require (a major component of which is corrective action taken by a respondent to prevent a recurrence of similar violations). In making a penalty recommendation, the baseline or range may be increased or decreased on the basis of evidence pertaining to these factors.
C. The following miscellaneous factors are used to implement one or more of the statutory assessment criteria.
1. A proposed penalty is mitigated for documented corrective action of alleged violations taken by a respondent. Corrective action may occur: (1) After an inspection and before a Notice of Probable Violation (NOPV) is issued; (2) on receipt of an NOPV; or (3) after receipt of an NOPV (possibly after it is solicited by an PHMSA attorney). In general, corrective action may reduce a penalty up to 25%. Mitigation may be taken into account in the referral memo or may be recommended prior to issuance of an Order by PHMSA's Chief Counsel.
2. The two primary factors in determining the penalty reduction are extent and timing of the corrective action. In other words, mitigation will be determined on the basis of how much corrective action was taken and when it was taken. Systemic action to prevent future violations is given greater consideration than action simply to remedy violations identified during the inspection.
3. Mitigation is applied to individual violations. Thus, in a case with two violations, if corrective action for the first violation is more extensive than for the second, the penalty for the first will be mitigated more than that for the second.
A shipper that reships materials received from another company, in the same packaging and without opening or altering the package, independently is responsible for ensuring that the shipment complies with Federal hazmat law, and independently may be subject to enforcement action if the package does not comply. Nevertheless, the reshipper is considered to have a lesser level of responsibility for compliance in those respects in which it reasonably relies on the compliance of the package as received. In most cases of
Under the Federal hazmat law, 49 U.S.C. 5123(a), each violation of the HMR and each day of a continuing violation (except for violations pertaining to packaging manufacture or qualification) is subject to a civil penalty of up to $55,000 or $110,000 for a violation occurring on or after January 1, 2010. Absent aggravating factors, OHMS, in its exercise of discretion, ordinarily will apply a single penalty for multiple counts or days of violation. In a number of cases, particularly those involving shippers, an inspector may cite two or more similar packaging violations for different hazardous materials. For example, the inspector may cite the same marking violation for two or more packages. OHMS usually will consider those additional violations as counts of the same violation and will not recommend multiples of the same baseline penalty. Rather, OHMS usually will recommend the baseline penalty for a single violation, increased by 25% for each additional violation.
1. Mitigation is appropriate when the baseline penalty would (1) exceed an amount that the respondent is able to pay, or (2) have an adverse effect on the respondent's ability to continue in business. These criteria relate to a respondent's entire business, and not just the product line or part of its operations involved in the violation(s). Beyond the overall financial size of the respondent's business, the relevant items of information on a respondent's balance sheet include the current ratio (current assets to current liabilities), the nature of current assets, and net worth (total assets minus total liabilities).
2. These figures are considered on a case-by-case basis. In general, however, a current ratio close to or below 1.0 means that the company may have difficulty in paying a large penalty, and may justify reduction of the penalty or an installment payment plan. A small amount of cash on hand representing limited liquidity, even with substantial other current assets (such as accounts receivable or inventory), may warrant a short-term payment plan. Respondent's income statement also will be reviewed to determine whether a payment plan is appropriate.
3. Many companies are able to continue in business for extended periods of time with a small or negative net worth, and many respondents have paid substantial civil penalties in installments even though net worth was negative. For this reason, negative net worth alone does not always warrant reduction of a proposed penalty or even, in the absence of factors discussed above, a payment plan.
4. In general, an installment payment plan may be justified where reduction of a proposed penalty is not, but the appropriateness of either (or both) will depend on the circumstances of the case. The length of a payment plan should be as short as possible, but the plan may consider seasonal fluctuations in a company's income if the company's business is seasonal (e.g., swimming pool chemical sales, fireworks sales) or if the company has documented specific reasons for current non-liquidity.
5. Evidence of financial condition is used only to decrease a penalty, and not to increase it.
The baseline penalty presumes an absence of prior violations. If prior violations exist, generally they will serve to increase a proposed penalty. The general standards for increasing a baseline proposed penalty on the basis of prior violations are as follows:
1. For each prior civil or criminal enforcement case—25% increase over the pre-mitigation recommended penalty.
2. For each prior ticket—10% increase over the pre-mitigation recommended penalty.
3. A baseline proposed penalty will not be increased more than 100% on the basis of prior violations.
4. A case or ticket of prior violations initiated in a calendar year more than six years before the calendar year in which the current case is initiated normally will not be considered in determining a proposed penalty for the current violation(s).
Adjustments to the base line figures for use of expired special permits can be made depending on how much material has been shipped during the period between the expiration date and the renewal date. If the company previously has been found to have operated under an expired special permit, the penalty is normally doubled. If the company has been previously cited for other violations, the penalty generally will be increased by about 25%.
(a) This subpart establishes procedures for the designation of agencies to issue approval certificates and certifications for types of packagings designed, manufactured, tested, or maintained in conformance with the requirements of this subchapter, subchapter C of this chapter, and standards set forth in the United Nations (U.N.) Recommendations (Transport of Dangerous Goods). Except for certifications of compliance with U.N. packaging standards, this subpart does not apply unless made applicable by a rule in subchapter C of this chapter.
(b) The Associate Administrator may issue approval certificates and certifications addressed in paragraph (a) of this section.
(a) Any organization or person seeking designation as an approval or certification agency shall apply in writing to the Associate Administrator for Hazardous Materials Safety (PHH-32), Department of Transportation, East Building, 1200 New Jersey Avenue, SE., Washington DC 20590-0001. Alternatively, the application with any attached supporting documentation in an appropriate format may be submitted by facsimile (fax) to: (202) 366-3753 or (202) 366-3308 or by electronic mail (e-mail) to:
(b) Each application for designation must be in English and include the following information:
(1) Name and address of the applicant, including place of incorporation if a corporation. In addition, if the applicant is not a resident of the United States, the name and address of a permanent resident of the United States designated in accordance with § 105.40 to serve as agent for service of process.
(2) If the applicant's principal place of business is in a country other than the United States, a copy of the designation from the Competent Authority of that country delegating to the applicant an approval or designated agency authority for the type of packaging for which a DOT designation is sought, and a statement that the Competent Authority also delegates similar authority to U.S. Citizens or organizations having designations under this subpart from the PHMSA.
(3) A listing, by DOT specification (or special permit) number, or U.N. designation, of the types of packagings for which approval authority is sought.
(4) A personnel qualifications plan listing the qualifications that the applicant will require of each person to be used in the performance of each packaging approval or certification function. As a minimum, these qualifications must include:
(i) The ability to review and evaluate design drawings, design and stress calculations;
(ii) A knowledge of the applicable regulations of subchapter C of this chapter and, when applicable, U.N. standards; and
(iii) The ability to conduct or monitor and evaluate test procedures and results; and
(iv) The ability to review and evaluate the qualifications of materials and fabrication procedures.
(5) A statement that the applicant will perform its functions independent of the manufacturers and owners of the packagings concerned.
(6) A statement that the applicant will allow the Associate Administrator or his representative to inspect its records and facilities in so far as they relate to the approval or certification of specification packagings and shall cooperate in the conduct of such inspections.
(c) The applicant shall furnish any additional information relevant to the
(a) If the Associate Administrator determines that an application contains all the required information, the applicant is sent a letter of designation and assigned an identification code.
(b) If the Associate Administrator determines that an application does not contain all the required information, the application is denied and the applicant is sent a written notice containing all the reasons for the denial.
(c) Within 30 days of an initial denial of an application under paragraph (b) of this section, the applicant may file an amended application. If after considering the amended application, the Associate Administrator determines that it should be denied, he notifies the applicant, and the denial constitutes the final action of the Associate Administrator on the application. Within 60 days of receipt of the final denial the applicant may appeal the denial to the Administrator, PHMSA, setting forth in writing where the Associate Administrator for Hazardous Materials Safety erred in this determination.
(a) Each designation made under this subpart contains the following conditions:
(1) The designated approval or certification agency may use only testing equipment that it has determined, through personal inspection, to be suitable for the purpose.
(2) Each approval certificate and certification issued by the designated approval agency must contain the name and identification code of the approval agency.
(3) Each approval certificate and certification must be in a format acceptable to the Associate Administrator.
(b) The designated approval agency shall notify the Associate Administrator within 20 days after the date there is any change in the information submitted under § 107.402.
(c) The designated approval agency shall comply with all of the terms and conditions stated in its letter of designation under the subpart.
(d) Nothing in this part relieves a manufacturer or owner of a packaging of responsibility for compliance with any of the applicable requirements of this title.
(a) Any designation issued under § 107.403 of this subchapter may be suspended or terminated if the Associate Administrator determines that:
(1) The application for designation contained a misrepresentation, or the applicant willfully concealed a material fact.
(2) The approval agency failed to comply with a term or condition stated in the agency's letter of designation.
(3) The Competent Authority of an approval agency of a country outside the United States has failed to initiate, maintain or recognize a qualified U.S. approval agency.
(b) Before a designation is suspended or terminated, the Associate Administrator shall give to the approval agency:
(1) Written notice of the facts or conduct believed to warrant suspension or termination of the designation.
(2) Sixty days in which to show in writing why the designation should not be suspended or terminated.
(a) This subpart establishes a registration procedure for persons who are engaged in the manufacture, assembly, inspection and testing, certification, or repair of a cargo tank or a cargo tank motor vehicle manufactured in accordance with a DOT specification under subchapter C of this chapter or under terms of a special permit issued under this part.
(b) Persons engaged in continuing qualification and maintenance of cargo tanks and cargo tank motor vehicles must be familiar with the requirements set forth in part 180, subpart E, of this chapter.
(a)
(1)
(i) The mounting of one or more tanks or cargo tanks on a motor vehicle or to a motor vehicle suspension component;
(ii) The installation of equipment or components necessary to meet the specification requirements prior to the certification of the cargo tank motor vehicle; or
(iii) The installation of linings, coatings, or other materials to the inside of a cargo tank wall.
(2) The terms
(3) The terms
(b) No person may engage in the manufacture, assembly, certification, inspection or repair of a cargo tank or cargo tank motor vehicle manufactured under the terms of a DOT specification under subchapter C of this chapter or a special permit issued under this part unless the person is registered with the Department in accordance with the provisions of this subpart. A person employed as an inspector or design certifying engineer is considered to be registered if the person's employer is registered.
(c) A person who performs functions which are subject to the provisions of this subpart may perform only those functions which have been identified to the Department in accordance with the procedures of this subpart.
(d) Registration statements must be in English, contain all of the information required by this subpart, and be submitted to: FMCSA Hazardous Materials Division—MC-ECH, West Building, MC-ECH, 1200 New Jersey Avenue, SE., Washington, DC 20590.
(e) Upon determination that a registration statement contains all the information required by this subpart, the Department will send the registrant a letter confirming receipt of the registration application and assigning a registration number to that person. A separate registration number will be assigned for each cargo tank manufacturing, assembly, repair facility or other place of business identified by the registrant.
(a) Each registration statement must be in English and contain the following information:
(1) Name;
(2) Street address, mailing address and telephone number for each facility or place of business;
(3) A statement indicating whether the facility uses mobile testing/inspection equipment to perform inspections, tests, or repairs at a location other than the address listed in paragraph (a)(2) of this section.
(4) A statement signed by the person responsible for compliance with the applicable requirements of this chapter, certifying knowledge of those requirements and that each employee who is a Registered Inspector or Design Certifying Engineer meets the minimum qualification requirements set forth in § 171.8 of this chapter for “Registered Inspector” or “Design Certifying Engineer”. The following language may be used.
I certify that all Registered Inspectors and Design Certifying Engineers used in performance of the prescribed functions meet the minimum qualification requirements set forth in 49 CFR 171.8, that I am the person responsible for ensuring compliance with the applicable requirements of this chapter, and that I have knowledge of the requirements applicable to the functions to be performed.
(5) A description of the specific functions to be performed on cargo tanks or cargo tank motor vehicles, e.g.:
(i) Manufacture,
(ii) Assembly,
(iii) Inspection and testing (specify type, e.g., external or internal visual inspection, lining inspection, hydrostatic pressure test, leakage test, thickness test),
(iv) Certification,
(v) Repair, or
(vi) Equipment manufacture;
(6) An identification of the types of DOT specification and special permit cargo tanks or cargo tank motor vehicles which the registrant intends to manufacture, assemble, repair, inspect, test or certify;
(7) A statement indicating whether the registrant employs Registered Inspectors or Design Certifying Engineers to conduct certification, inspection or testing functions addressed by this subpart. If the registrant engages a person who is not an employee of the registrant to perform these functions, provide the name, address and registration number of that person; and
(8) If the registrant is not a resident of the United States, the name and address of a permanent resident of the United States designated in accordance with § 105.40 to serve as agent for service of process.
(b) In addition to the information required under paragraph (a) of this section, each person who manufactures a cargo tank or cargo tank motor vehicle must submit a copy of the manufacturer's current ASME Certificate of Authorization for the use of the ASME “U” stamp.
(c) In addition to the information required under paragraph (a) of this section, each person who repairs a cargo tank or cargo tank motor vehicle must submit a copy of the repair facility's current National Board Certificate of Authorization for the use of the “R” stamp or ASME Certificate of Authorization for the use of the ASME “U” stamp. Any person who repairs MC-series cargo tanks which are not certified to the ASME Code must submit a copy of the National Board or ASME Certificate of Authorization to PHMSA before June 30, 1992.
(a) Registration will be for a maximum of six years from the date of the original registration.
(b) Any correspondence with the Department must contain the registrant's name and registration number.
(c) A registration must be renewed every six years or within thirty days of reissuance of an ASME or National Board Certification, whichever occurs first, by submitting an up-to-date registration statement containing the information prescribed by § 107.503. Any person initially registered under the provisions of § 107.502 and who is in good standing is eligible for renewal.
(d) A registrant shall provide written notification to the Department within thirty days of any of the following occurrences:
(1) Any change in the registration information submitted under § 107.503;
(2) Replacement of the person responsible for compliance with the requirements in § 107.503(a)(4). If this occurs, the registrant shall resubmit the required certification;
(3) Loss of ASME or National Board Certificate of Authorization; or
(4) A change in function; such as, from assembly to manufacture, an addition of a function, or a change to the types of inspections, tests or certifications of cargo tanks or cargo tank motor vehicles.
(e) Each registrant shall maintain a current copy of the registration information submitted to the Department and a current copy of the registration number identification received from the Department at the location identified in § 107.503(a)(2) during such time the person is registered with the Department and for two years thereafter.
(f) The issuance of a registration number under this subpart is not an approval or endorsement by the Department of the qualifications of any person to perform the specified functions.
(a) The registration and fee requirements of this subpart apply to any person who offers for transportation, or transports, in foreign, interstate or intrastate commerce—
(1) A highway route-controlled quantity of a Class 7 (radioactive) material, as defined in § 173.403 of this chapter;
(2) More than 25 kg (55 pounds) of a Division 1.1, 1.2, or 1.3 (explosive) material (see § 173.50 of this chapter) in a motor vehicle, rail car or freight container;
(3) More than one L (1.06 quarts) per package of a material extremely toxic by inhalation (
(4) A shipment of a quantity of hazardous materials in a bulk packaging (see § 171.8 of this chapter) having a capacity equal to or greater than 13,248 L (3,500 gallons) for liquids or gases or more than 13.24 cubic meters (468 cubic feet) for solids;
(5) A shipment in other than a bulk packaging of 2,268 kg (5,000 pounds) gross weight or more of one class of hazardous materials for which placarding of a vehicle, rail car, or freight container is required for that class, under the provisions of subpart F of part 172 of this chapter; or
(6) Except as provided in paragraph (b) of this section, a quantity of hazardous material that requires placarding, under provisions of subpart F of part 172 of this chapter.
(b) Paragraph (a)(6) of this section does not apply to those activities of a farmer, as defined in § 171.8 of this chapter, that are in direct support of the farmer's farming operations.
(c) In this subpart, the term “shipment” means the offering or loading of hazardous material at one loading facility using one transport vehicle, or the transport of that transport vehicle.
(a) The following are excepted from the requirements of this subpart:
(1) An agency of the Federal government.
(2) A State agency.
(3) An agency of a political subdivision of a State.
(4) An Indian tribe.
(5) An employee of any of those entities in paragraphs (a)(1) through (a)(4) of this section with respect to the employee's official duties.
(6) A hazmat employee (including, for purposes of this subpart, the owner-operator of a motor vehicle that transports in commerce hazardous materials, if that vehicle at the time of those activities, is leased to a registered motor carrier under a 30-day or longer lease as prescribed in 49 CFR part 376 or an equivalent contractual agreement).
(7) A person domiciled outside the United States, who offers solely from a location outside the United States, hazardous materials for transportation in commerce,
(b) Upon making a determination that persons domiciled in the United States, who offer hazardous materials for transportation to a foreign country solely from places in the United States, must file registration statements or pay fees to that foreign country, the U.S. Competent Authority will provide notice of such determination directly to the Competent Authority of that foreign country and by publication in the
(a) Each person subject to this subpart must submit a complete and accurate registration statement on DOT Form F 5800.2 not later than June 30 for each registration year, or in time to comply with paragraph (b) of this section, whichever is later. Each registration year begins on July 1 and ends on June 30 of the following year.
(b) No person required to file a registration statement may transport a hazardous material or cause a hazardous material to be transported or shipped, unless such person has on file, in accordance with § 107.620, a current Certificate of Registration in accordance with the requirements of this subpart.
(c) A registrant whose name or principal place of business has changed during the year of registration must notify PHMSA of that change by submitting an amended registration statement not later than 30 days after the change.
(d) Copies of DOT Form F 5800.2 and instructions for its completion may be obtained from the Outreach, Training and Grants Division, PHH-50, U.S. Department of Transportation, Washington, DC 20590-0001, by calling 202-366-4109, or via the Internet at
(e) If the registrant is not a resident of the United States, the registrant must attach to the registration statement the name and address of a permanent resident of the United States, designated in accordance with § 105.40, to serve as agent for service of process.
(a) For the registration year 2010-2011 and subsequent years, each person offering for transportation or transporting in commerce a material listed in § 107.601(a) must pay an annual registration fee, as follows:
(1)
(2)
(3)
(4)
(b) For registration years 2009-2010 and prior years, each person that offered for transportation or transported in commerce a material listed in § 107.601(a) during that year must pay
(c)
(1)
(2)
(3)
(4)
(d)
(1)
(2)
(3)
(4)
(a) Each person subject to the requirements of this subpart must mail the registration statement and payment in full to the U.S. Department of Transportation, Hazardous Materials Registration, P.O. Box 530273, Atlanta, GA 30353-0273, or submit the statement and payment electronically through the Department's e-Commerce Internet site. Access to this service is provided at
(b) Payment must be made by certified check, cashier's check, personal check, or money order in U.S. funds and drawn on a U.S. bank, payable to the U.S. Department of Transportation and identified as payment for the “Hazmat Registration Fee,” or by completing an authorization for payment by credit card or other electronic means of payment acceptable to the Department on the registration statement or as part of an Internet registration as provided in paragraph (a) of this section.
(c) Payment must correspond to the total fees properly calculated in the “Amount Due” block of the DOT form F 5800.2. A person may elect to register and pay the required fees for up to three registration years by filing one
(a) Each person subject to the requirements of this subpart, or its agent designated under § 107.608(e), must maintain at its principal place of business for a period of three years from the date of issuance of each Certificate of Registration:
(1) A copy of the registration statement filed with PHMSA; and
(2) The Certificate of Registration issued to the registrant by PHMSA.
(b) After January 1, 1993, each motor carrier subject to the requirements of this subpart must carry a copy of its current Certificate of Registration issued by PHMSA or another document bearing the registration number identified as the “U.S. DOT Hazmat Reg. No.” on board each truck and truck tractor (not including trailers and semi-trailers) used to transport hazardous materials subject to the requirements of this subpart. The Certificate of Registration or document bearing the registration number must be made available, upon request, to enforcement personnel.
(c) In addition to the requirements of paragraph (a) of this section, after January 1, 1995, each person who transports by vessel a hazardous material subject to the requirements of this subpart must carry on board the vessel a copy of its current Certificate of Registration or another document bearing the current registration number identified as the “U.S. DOT Hazmat Reg. No.”
(d) Each person subject to this subpart must furnish its Certificate of Registration (or a copy thereof) and all other records and information pertaining to the information contained in the registration statement to an authorized representative or special agent of DOT upon request.
(a) This subpart prescribes procedures for the issuance, modification and termination of approvals, and the submission of registrations and reports, as required by this chapter.
(b) The procedures of this subpart are in addition to any requirements in subchapter C of this chapter applicable to a specific approval, registration or report. If compliance with both a specific requirement of subchapter C of this chapter and a procedure of this subpart is not possible, the specific requirement applies.
(c) Registration under subpart F or G of this part is not subject to the procedures of this subpart.
(a) A person filing a registration, report, or application for an approval, or a renewal or modification of an approval subject to the provisions of this subpart must—
(1) File the registration, report, or application with the Associate Administrator for Hazardous Materials Safety (Attention: Approvals, PHH-32), Pipeline and Hazardous Materials Safety Administration, U.S. Department of Transportation, East Building, 1200 New Jersey Avenue, SE., Washington, DC 20590-0001. Alternatively, the document with any attached supporting documentation in an appropriate format may be filed by facsimile (fax) to: (202) 366-3753 or (202) 366-3308 or by electronic mail (e-mail) to:
(2) Identify the section of the chapter under which the registration, report, or application is made;
(3) If a report is required by an approval, a registration or a special permit, identify the approval, registration or special permit number;
(4) Provide the name, street and mailing addresses, e-mail address optional, and telephone number of the person on whose behalf the registration, report, or application is made and, if different, the person making the filing;
(5) If the person on whose behalf the filing is made is not a resident of the United States, provide a designation of agent for service in accordance with § 105.40;
(6) Provide a description of the activity for which the registration or report is required; and
(7) Provide additional information as requested by the Associate Administrator, if the Associate Administrator determines that a filing lacks pertinent information or otherwise does not comply with applicable requirements.
(b) In addition to the provisions in paragraph (a) for an approval, an application for an approval, or an application for modification or renewal of an approval, the applicant must provide—
(1) A description of the activity for which the approval is required;
(2) The proposed duration of the approval;
(3) The transport mode or modes affected, as applicable;
(4) Any additional information specified in the section containing the approval; and
(5) For an approval which provides exceptions from regulatory requirements or prohibitions—
(i) Identification of any increased risk to safety or property that may result if the approval is granted, and specification of the measures that the applicant considers necessary or appropriate to address that risk; and
(ii) Substantiation, with applicable analyses or evaluations, if appropriate, demonstrating that the proposed activity will achieve a level of safety that is at least equal to that required by the regulation.
(c) For an approval with an expiration date, each application for renewal or modification must be filed in the same manner as an original application. If a complete and conforming renewal application is filed at least 60 days before the expiration date of an approval, the Associate Administrator, on written request from the applicant, will issue a written extension to permit operation under the terms of the expired approval until a final decision on the application for renewal has been made. Operation under an expired approval is prohibited absent a written extension. This paragraph does not limit the authority of the Associate Administrator to modify, suspend or terminate an approval under § 107.713.
(d) To request confidential treatment for information contained in the application, the applicant shall comply with § 105.30(a).
(a) No public hearing or other formal proceeding is required under this subpart before the disposition of an application.
(b) At any time during the processing of an application, the Associate Administrator may request additional information from the applicant. If the applicant does not respond to a written request for additional information within 30 days of the date the request was received, the application may be deemed incomplete and denied. However, if the applicant responds in writing within the 30-day period requesting an additional 30 days within which it will gather the requested information, the Associate Administrator may grant the 30-day extension.
(c) The Associate Administrator may grant or deny an application, in whole or in part. At the Associate Administrator's discretion, an application may be granted subject to provisions that are appropriate to protect health, safety and property. The Associate Administrator may impose additional provisions not specified in the application,
(d) The Associate Administrator may grant an application on finding that—
(1) The application complies with this subpart;
(2) The application demonstrates that the proposed activity will achieve a level of safety that—
(i) Is at least equal to that required by the regulation, or
(ii) If the regulations do not establish a level of safety, is consistent with the public interest and adequately will protect against the risks to life and property inherent in the transportation of hazardous materials in commerce;
(3) The application states all material facts, and contains no materially false or materially misleading statement;
(4) The applicant meets the qualifications required by applicable regulations; and
(5) The applicant is fit to conduct the activity authorized by the approval, or renewal or modification of approval. This assessment may be based on information in the application, prior compliance history of the applicant, and other information available to the Associate Administrator.
(e) Unless otherwise specified in this chapter or by the Associate Administrator, an approval in which a term is not specified does not expire.
(f) The Associate Administrator notifies the applicant in writing of the decision on the application. A denial contains a brief statement of reasons.
An application may be withdrawn at any time before a decision to grant or deny it is made. Withdrawal of an application does not authorize the removal of any related records from the PHMSA dockets or files. Applications that are eligible for confidential treatment under § 105.30 will remain confidential after the application is withdrawn. The duration of this confidential treatment for trade secrets and commercial or financial information is indefinite, unless the party requesting the confidential treatment of the materials notifies the Associate Administrator that the confidential treatment is no longer required.
(a) The Associate Administrator may modify an approval on finding that—
(1) Modification is necessary to conform an existing approval to relevant statutes and regulations as they may be amended from time to time; or
(2) Modification is required by changed circumstances to enable the approval to continue to meet the standards of § 107.709(d).
(b) The Associate Administrator may modify, suspend or terminate an approval, as appropriate, on finding that—
(1) Because of a change in circumstances, the approval no longer is needed or no longer would be granted if applied for;
(2) The application contained inaccurate or incomplete information, and the approval would not have been granted had the application been accurate and complete;
(3) The application contained deliberately inaccurate or incomplete information; or
(4) The holder knowingly has violated the terms of the approval or an applicable requirement of this chapter in a manner demonstrating lack of fitness to conduct the activity for which the approval is required.
(c) Except as provided in paragraph (d) of this section, before an approval is modified, suspended or terminated, the Associate Administrator notifies the holder in writing of the proposed action and the reasons for it, and provides an opportunity to show cause why the proposed action should not be taken.
(1) The holder may file a written response with the Associate Administrator within 30 days of receipt of notice of the proposed action.
(2) After considering the holder's or party's written response, or after 30 days have passed without response since receipt of the notice, the Associate Administrator notifies the holder in writing of the final decision with a brief statement of reasons.
(d) The Associate Administrator, if necessary to avoid a risk of significant harm to persons or property, may in the notification declare the proposed action immediately effective.
(a) An applicant or a holder may request that the Associate Administrator reconsider a decision under § 107.709(f) or § 107.713(c). The request must:
(1) Be in writing and filed within 20 days of receipt of the decision;
(2) State in detail any alleged errors of fact and law;
(3) Enclose any additional information needed to support the request to reconsider; and
(4) State in detail the modification of the final decision sought.
(b) The Associate Administrator considers newly submitted information on a showing that the information could not reasonably have been submitted during application processing.
(c) The Associate Administrator grants or denies, in whole or in part, the relief requested and informs the requesting person in writing of the decision.
(a) A person who requested reconsideration under § 107.715 may appeal to the Administrator the Associate Administrator's decision on the request. The appeal must:
(1) Be in writing and filed within 30 days of receipt of the Associate Administrator's decision on reconsideration;
(2) State in detail any alleged errors of fact and law;
(3) Enclose any additional information needed to support the appeal; and
(4) State in detail the modification of the final decision sought.
(b) The Administrator, if necessary to avoid a risk of significant harm to persons or property, may declare the Associate Administrator's action effective pending a decision on appeal.
(c) The Administrator grants or denies, in whole or in part, the relief requested and informs the appellant in writing of the decision on appeal. The Administrator's decision on appeal is the final administrative action.
(a) This subpart prescribes procedures for—
(1) A person who seeks approval to be an independent inspection agency to perform tests, inspections, verifications and certifications of DOT specification cylinders or UN pressure receptacles as required by parts 178 and 180 of this chapter;
(2) A person who seeks approval to engage in the requalification (
(3) A person who seeks approval to perform the manufacturing chemical analyses and tests of DOT specification cylinders, special permit cylinders, or UN pressure receptacles outside the United States.
(b) No person may engage in a function identified in paragraph (a) of this section unless approved by the Associate Administratior in accordance with the provisions of this subpart. Each person must comply with the applicable requirements in this subpart. In addition, the procedural requirements in subpart H of this part apply to the filing, processing, and termination of an approval issued under this subpart.
(a)
(b)
(c)
(1) Name and address of each facility where tests and inspections are to be performed.
(2) Detailed description of the inspection and testing facilities to be used by the applicant.
(3) Detailed description of the applicant's qualifications and ability to perform the inspections and to verify the inspections required by part 178 of this chapter or under the terms of a special permit issued under this part.
(4) Name, address, and principal business activity of each person having any direct or indirect ownership interest in the applicant greater than three percent and any direct or indirect ownership interest in each subsidiary or division of the applicant.
(5) Name of each individual whom the applicant proposes to employ as an inspector and who will be responsible for certifying inspection and test results, and a statement of that person's qualifications.
(6) An identification or qualification number assigned to each inspector who is supervised by a certifying inspector identified in paragraph (c)(3) of this section.
(7) A statement that the applicant will perform its functions independent of the manufacturers and owners of the cylinders.
(8) If the applicant's principal place of business is in a country other than the United States, the Associate Administrator may approve the applicant on the basis of an approval issued by the Competent Authority of the country of manufacture. The Competent Authority must maintain a current listing of approved IIAs and their identification marks. The applicant must provide a copy of the designation from the Competent Authority of that country delegating to the applicant an approval or designated agency authority for the type of packaging for which a DOT or UN designation is sought; and
(9) The signature of the person certifying the approval application and the date on which it was signed.
(d)
(e) After approval, the Associate Administrator may authorize, upon request, the independent inspection agency to perform other inspections and functions for which the Associate Administrator finds the applicant to be qualified. Such additional authorizations will be noted on each inspection agency's approval documents.
(a)
(b)
(c)
(1) The name of the facility manager;
(2) The types of DOT specification or special permit cylinders, or UN pressure receptacles that will be inspected, tested, repaired, or rebuilt at the facility;
(3) A certification that the facility will operate in compliance with the applicable requirements of subchapter C of this chapter; and
(4) The signature of the person making the certification and the date on which it was signed.
(d)
(e)
(f)
(g) Each holder of a current RIN shall report in writing any change in its name, address, ownership, testing equipment, or management or personnel performing any function under this section, to the Associate Administrator (PHH-32) within 20 days of the change.
(a)
(b)
(1) The name, address, and a description of each facility at which cylinders are to be manufactured and chemical analyses and tests are to be performed;
(2) Complete details concerning the dimensions, materials of construction, wall thickness, water capacity, shape, type of joints, location and size of openings and other pertinent physical characteristics of each specification or special permit cylinder for which approval is being requested, including calculations for cylinder wall stress and wall thickness, which may be shown on a drawing or on separate sheets attached to a descriptive drawing;
(3) The name of the independent inspection agency to be used; and
(4) The signature of the person making the certification and the date on which it was signed.
(c)
(a) Each approval issued under this subpart contains the following conditions:
(1) Upon the request of the Associate Administrator, the applicant or holder must allow the Associate Administrator or the Associate Administrator's designee to inspect the applicant's pressure receptacle manufacturing and testing facilities and records, and must provide such materials and pressure receptacles for analyses and tests as the Associate Administrator may specify. The applicant or holder must bear the cost of the initial and subsequent inspections, analyses, and tests.
(2) Each holder must comply with all of the terms and conditions stated in the approval letter issued under this subpart.
(b) In addition to the conditions specified in § 107.713, an approval may be denied or if issued, suspended or terminated if the Competent Authority of the country of manufacture fails to initiate, maintain or recognize an IIA approved under this subpart; fails to recognize UN standard packagings manufactured in accordance with this subchapter; or implements a condition or limitation on United States citizens or organizations that is not required of its own citizenry.
49 U.S.C. §§ 5101-5128, 44701; Pub. L. 101-410 § 4 (28 U.S.C. 2461 note); Pub. L. 104-121 §§ 212-213; Pub. L. 104-134 § 31001; 49 CFR 1.45, 1.53.
For purposes of this part, all terms defined in 49 U.S.C. 5102 are used in their statutory meaning. Other terms used in this part are defined as follows:
(a)
(b)
(1) Administer oaths and receive affirmations in any matter under investigation.
(2) Gather information by any reasonable means, including, but not limited to, gaining access to records and property (including packages), interviewing, photocopying, photographing, and video- and audio-recording in a reasonable manner.
(3) Serve subpoenas for the production of documents or other tangible evidence if, on the basis of information available to the agent, the evidence is relevant to a determination of compliance with the Federal hazardous material transportation law, regulation, order, special permit, or approval prescribed or issued under the Federal hazardous material transportation law, or any court decree or order relating thereto. Service of a subpoena shall be in accordance with the requirements of the agent's operating administration as set forth in 14 CFR 13.3 (Federal Aviation Administration); 49 CFR 209.7 (Federal Railroad Administration), 49 U.S.C. 502(d), 5121(a) (Federal Motor Carrier Safety Administration), and 49 CFR 105.45-105.55 (Pipeline and Hazardous Materials Safety Administration).
(a) When an agent has an objectively reasonable and articulable belief that a package offered for or in transportation in commerce may contain a hazardous material and that such a package does not otherwise comply with this chapter, the agent may—
(1) Stop movement of the package in transportation and gather information from any person to learn the nature and contents of the package;
(2) Open any overpack, outer packaging, or other component of the package that is not immediately adjacent to the hazardous materials contained in the package and examine the inner packaging(s) or packaging components.
An agent may remove a package and related packages in a shipment or a freight container from transportation in commerce for up to forty-eight (48) hours when the agent has an objectively reasonable and articulable belief that the packages may pose an imminent hazard. The agent must record this belief in writing as soon as practicable and provide written notification stating the reason for removal to the person in possession.
(a) An agent may direct a package to be transported to a facility for examination and analysis when the agent determines that:
(1) Further examination of the package is necessary to evaluate whether the package conforms to subchapter C of this chapter;
(2) Conflicting information concerning the package exists; or
(3) Additional investigation is not possible on the immediate premises.
(b) In the event of a determination in accordance with paragraph (a) of this section, an agent may:
(1) Direct the offeror of the package, or other person responsible for the package, to have the package transported to a facility where the material may be examined and analyzed;
(2) Direct the packaging manufacturer or tester of the packaging to have the package transported to a facility where the packaging may be tested in accordance with the HMR; or
(3) Direct the carrier to transport the package to a facility capable of conducting such examination and analysis.
(c) The 48-hour removal period provided in § 109.7 may be extended in writing by the Administrator pending the conclusion of examination and analysis under this section.
An agent may authorize properly qualified personnel to assist in the activities conducted under this part if the agent is not properly qualified to perform a function that is essential to the agent's exercise of authority under this part or when safety might otherwise be compromised by the agent's performance of such a function.
(a)
(1) Assist in preparing the package for safe and prompt transportation, when practicable, by reclosing the package in accordance with the packaging manufacturer's closure instructions or other appropriate closure method;
(2) Mark and certify the reclosed package to indicate that it was opened and reclosed in accordance with this part;
(3) Return the package to the person from whom the agent obtained it, as soon as practicable; and
(4) For a package containing a perishable hazardous material, assist in resuming the safe and expeditious transportation of the package as soon as practicable after determining that the package presents no imminent hazard.
(b)
(c)
(d)
When the facts disclosed by an investigation indicate that further action is not warranted under this Part at the time, the Administrator will close the investigation without prejudice to further investigation and notify the person being investigated of the decision. Nothing herein precludes civil enforcement action at a later time related to the findings of the investigation.
(a)
(1) Describe the violation, condition, or practice that constitutes or is causing the imminent hazard;
(2) Set forth the terms and conditions of the emergency order;
(3) Be limited to the extent necessary to abate the imminent hazard; and,
(4) Advise the recipient that, within 20 calendar days of the date the order is issued, recipient may request review; and that any request for a formal hearing in accordance with 5 U.S.C. 554 must set forth the material facts in dispute giving rise to the request for a hearing; and
(5) Set forth the filing and service requirements contained in § 109.19(f), including the address of DOT Docket Operations and of all persons to be served with the petition for review.
(b)
(1) Upon receipt of an out-of-service order, the person in possession of, or responsible for, the package must remove the package from transportation until it is brought into compliance with the out-of-service order.
(2) A package subject to an out-of-service order may be moved from the place where it was found to present an imminent hazard to the nearest location where the package can be brought into compliance, provided that the agent who issued the out-of-service order is notified before the move.
(3) The recipient of the out-of-service order must notify the operating administration that issued the order when the package is brought into compliance.
(4) Upon receipt of an out-of-service order, a recipient may appeal the decision of the agent issuing the order to PHMSA's Chief Safety Officer. A petition for review of an out-of-service order must meet the requirements of § 109.19.
(c)
(a)
(1) Be in writing;
(2) State with particularity each part of the emergency order that is sought to be amended or rescinded and include all information, evidence and arguments in support thereof;
(3) State whether a formal hearing in accordance with 5 U.S.C. 554 is requested, and, if so, the material facts in dispute giving rise to the request for a hearing; and,
(4) Be filed and served in accordance with § 109.19(f).
(b)
(c)
(1)
(2)
(d)
(1) Administer oaths and affirmations;
(2) Issue subpoenas as provided by the appropriate agency regulations (49 CFR 209.7, 49 CFR 105.45, 14 CFR 13.3, and 49 U.S.C. 502 and 31133);
(3) Adopt the relevant Federal Rules of Civil Procedure for the United States District Courts for the procedures governing the hearings when appropriate;
(4) Adopt the relevant Federal Rules of Evidence for United States Courts and Magistrates for the submission of evidence when appropriate;
(5) Take or cause depositions to be taken;
(6) Examine witnesses at the hearing;
(7) Rule on offers of proof and receive relevant evidence;
(8) Convene, recess, adjourn or otherwise regulate the course of the hearing;
(9) Hold conferences for settlement, simplification of the issues, or any other proper purpose; and,
(10) Take any other action authorized by or consistent with the provisions of this part and permitted by law that may expedite the hearing or aid in the disposition of an issue raised therein.
(e)
(f)
(2) Service. Each document filed in accordance with paragraph (f)(1) of this section must be concurrently served upon the following persons:
(i) Chief Safety Officer (
(ii) The Chief Counsel of the operating administration issuing the emergency order;
(iii) If the petition for review requests a formal hearing, the Chief Administrative Law Judge, U.S. Department of Transportation, Office of Hearings, M-20, Room E12-320, 1200 New Jersey Avenue, SE., Washington, DC 20590 (
(iv) Service shall be made personally, by commercial delivery service, or by electronic means if consented to in writing by the party to be served, except as otherwise provided herein. The emergency order shall state all relevant service requirements and list the persons to be served and may be updated as necessary. The emergency order shall also be published in the
(3) Certificate of service. Each order, pleading, motion, notice, or other document shall be accompanied by a certificate of service specifying the manner in which and the date on which service was made.
(4) The emergency order shall be served by “hand delivery,” unless such delivery is not practicable, or by electronic means if consented to in writing by the party to be served.
(5) Service upon a person's duly authorized representative, agent for service, or an organization's president constitutes service upon that person.
(g)
(1) Contain findings of fact and conclusions of law and the grounds for the decision based on the material issues of fact or law presented on the record;
(2) Be served on the parties to the proceeding; and
(3) Be issued no later than 25 days after receipt of the petition for review by the Chief Safety Officer.
(h)
(i)
(1) A party aggrieved by the Administrative Law Judge's report and recommendation may file a petition for reconsideration with the Chief Safety Officer within one calendar day of service of the report and recommendation. The opposing party may file a response to the petition within one calendar day of service of a petition for reconsideration.
(2) The Chief Safety Officer shall issue a final agency decision within three calendar days of service of the final pleading, but no later than 30 days after receipt of the original petition for review.
(3) The Chief Safety Officer's decision on the merits of a petition for reconsideration constitutes final agency action.
(j)
(k)
An Administrator may request the Attorney General to bring an action in the appropriate United States district court seeking temporary or permanent injunctive relief, punitive damages, assessment of civil penalties as provided by 49 U.S.C. 5122(a), and any other appropriate relief to enforce the Federal hazardous material transportation law, regulation, order, special permit, or approval prescribed or issued under the Federal hazardous material transportation law.
49 U.S.C. 5101-5127; 49 CFR 1.53.
Nomenclature changes to part 110 appear at 70 FR 56090, Sept. 23, 2005.
This part sets forth procedures for reimbursable grants for public sector planning and training in support of the emergency planning and training efforts of States, Indian tribes, and local communities to deal with hazardous materials emergencies, particularly those involving transportation. These grants will enhance the implementation of the Emergency Planning and Community Right-to-Know Act of 1986 (42 U.S.C. 11001).
(a) This part applies to States and Indian tribes and contains the program requirements for public sector training and planning grants to support hazardous materials emergency planning and training efforts.
(b) The requirements contained in 49 CFR part 18, “Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments”, apply to grants issued under this part.
(c) Copies of standard forms and OMB circulars referenced in this part are available from the HMTUSA Grants Manager, Pipeline and Hazardous Materials Safety Administration, U.S. Department of Transportation, East Building, 1200 New Jersey Avenue, SE., Washington DC 20590-0001.
The Office of Management and Budget control number assigned to collection of information in §§ 110.30, 110.70, 110.80, and 110.90 is 2137-0586.
This part applies to States and Indian tribes. States may apply for planning and training grants. Federally-recognized Indian tribes may apply for training grants.
Unless defined in this part, all terms defined in 49 U.S.C. 5102 are used in their statutory meaning and all terms defined in 49 CFR part 18 and OMB Circular A-102, with respect to administrative requirements for grants, are used as defined therein. Other terms used in this part are defined as follows:
(a)
(1) Application for Federal Assistance for non-construction programs (SF-424) and Budget sheets (SF-424A). A single application may be used for both planning and training if the budgets for each are entered separately on all budget sheets.
(2) For States, a letter from the Governor designating the State agency that is authorized to apply for a grant and to provide the written certifications required to receive a grant.
(3) For Indian tribes, a letter from the tribal government, governing body, or tribal council to the effect that the applicant is authorized to apply for a grant and to provide the written certifications required to receive a grant.
(4) A written statement explaining whether the State or tribe assesses and collects fees on the transportation of hazardous materials and whether such assessments or fees are used solely to
(5) A statement designating a project manager and providing the name, position, address and phone number of that individual who will be responsible for coordinating the funded activities with other agencies/organizations.
(6) A project narrative statement of the goals and objectives of the proposed project, project design, and long range plans. The proposed grant project and budget periods may be one or more years.
(7) A statement of work in support of the proposed project that describes and sets priorities for the activities and tasks to be conducted, the costs associated with each activity, the number and types of deliverables and products to be completed, and a schedule for implementation.
(8) A description of the major items of costs needed to implement the statement of work and a copy of any cost or price analysis if conducted.
(9)
(10)
(11)
(b)
(1) A written certification that the State is complying with sections 301 and 303 of the Emergency Planning and Community Right-to-Know Act of 1986, including a brief explanation of how compliance has been achieved.
(2) A written statement specifying the aggregate expenditure of funds of the State, exclusive of Federal funds, for each of its last five fiscal years for developing, improving, and implementing emergency plans under the Emergency Planning and Community Right-to-Know Act of 1986, including an explanation specifying the sources of these funds. A written certification that the State's aggregate expenditures, as defined by the State, of funds for this purpose, exclusive of Federal funds, will not fall below the average level of its expenditures for its last five fiscal years. The applicant may not claim any of these expenditures for cost-sharing.
(3) A written statement agreeing to make at least 75 percent of the Federal funds awarded available to LEPCs and an explanation of how the applicant intends to make such funds available to them for developing, improving, or implementing emergency plans.
(4) Designation of a project manager to serve as contact for coordinating planning funds under this program.
(5) A project narrative statement of the goals and objectives of each proposed project, including the following:
(i) A background statement describing the applicant's long-term goals and objectives with respect to:
(A) The current abilities and authorities of the applicant's program for preparedness planning;
(B) The need to sustain or increase program capability;
(C) Current degree of participation in or intention to assess the need for a regional hazardous materials emergency response team; and
(D) The impact that the grant will have on the program.
(ii) A discussion of whether the applicant's program currently knows, or intends to assess, transportation flow patterns of hazardous materials within the State and between that State and another State.
(iii) A schedule for implementing the proposed grant activities.
(iv) A statement describing the ways in which planning will be monitored by the project manager.
(v) A statement indicating that all members of the State Emergency Response Commission were provided the opportunity to review the grant application.
(c)
(1) For a State applicant, a written certification explaining how the State is complying with sections 301 and 303 of the Emergency Planning and Community Right-to-Know Act.
(2) A written statement specifying the aggregate expenditure of funds of the State or Indian tribe, exclusive of Federal funds, for each of its last five fiscal years for training public sector employees to respond to accidents and incidents involving hazardous materials, including an explanation specifying the sources of these funds. A written certification that the applicant's aggregate expenditure, as defined by the State or tribe, of funds for this purpose, exclusive of Federal funds, will not fall below the average level of its expenditures for its last five fiscal years. The applicant may not claim any of these expenditures for cost-sharing purposes.
(3) For a State applicant, a written statement agreeing to make at least 75 percent of the Federal funds awarded available for the purpose of training public sector employees employed or used by political subdivisions. A State applicant may elect to pass all or some portion of the grant on to political subdivisions for this purpose. The applicant must include a specific explanation of how it intends to meet this requirement.
(4) Designation of a primary point of contact for coordinating training funded under this program. Identification of a single repository for copies of course materials delivered under the grant as specified in § 110.90 of this part.
(5) A project narrative statement of the long-range goals and objectives of each proposed project, including the following:
(i) A background statement describing:
(A) The current hazardous materials training program(s);
(B) Training audience, including numbers and levels of training and accreditation program for each level or criterion required to advance to the next level;
(C) Estimated total number of persons to be trained under the proposed project;
(D) The ways in which training grants will support the integrated delivery of training to meet the needs of individualized geographic and resource needs and time considerations of local responders. When appropriate, a statement describing how the proposed project will accommodate the different training needs for rural versus urban environments; and
(E) The impact that the grant and the National Curriculum will have on the program.
(ii) A statement describing how the National Curriculum will be used or modified to train public sector employees at the local level to respond to accidents and incidents involving hazardous materials.
(iii) A statement describing the ways in which effectiveness of training will be monitored by the project manager, including, but not limited to, examinations, critiques, and instructor evaluations.
(iv) A schedule for implementing the proposed training grant activities.
(v) A statement indicating that all members of the State or Tribal Emergency Response Commission were provided the opportunity to review the grant application.
(a)
(1) Development, improvement, and implementation of emergency plans required under the Emergency Planning and Community Right-to-Know Act of 1986, as well as exercises which test the emergency plan. Enhancement of emergency plans to include hazard analysis as well as response procedures for
(2) An assessment to determine flow patterns of hazardous materials within a State, between a State and another State or Indian country, and development and maintenance of a system to keep such information current.
(3) An assessment of the need for regional hazardous materials emergency response teams.
(4) An assessment of local response capabilities.
(5) Conduct of emergency response drills and exercises associated with emergency preparedness plans.
(6) Provision of technical staff to support the planning effort.
(7) Additional activities the Associate Administrator deems appropriate to implement the scope of work for the proposed project plan and approved in the grant.
(b)
(1) An assessment to determine the number of public sector employees employed or used by a political subdivision who need the proposed training and to select courses consistent with the National Curriculum.
(2) Delivery of comprehensive preparedness and response training to public sector employees. Design and delivery of preparedness and response training to meet specialized needs. Financial assistance for trainees and for the trainers, if appropriate, such as tuition, travel expenses to and from a training facility, and room and board while at the training facility.
(3) Emergency response drills and exercises associated with training, a course of study, and tests and evaluation of emergency preparedness plans.
(4) Expenses associated with training by a person (including a department, agency, or instrumentality of a State or political subdivision thereof or an Indian tribe) and activities necessary to monitor such training including, but not limited to examinations, critiques and instructor evaluations.
(5) Provision of staff to manage the training effort designed to result in increased benefits, proficiency, and rapid deployment of local and regional responders.
(6) Additional activities the Associate Administrator deems appropriate to implement the scope of work for the proposed project and approved in the grant.
(a) Preaward expenditures may not be reimbursed.
(b) Reimbursement may not be made for a project plan unless approved in the grant award.
(c) If a recipient agency seeks additional funds, the amendment request will be evaluated on the basis of needs, performance and availability of funds. An existing grant is not a commitment of future Federal funding.
(a) The recipient agency must provide 20 percent of the direct and indirect costs of all activities covered under the grant award program with non-Federal funds. Recipients may either use cash (hard-match), in-kind (soft-match) contributions, or a combination of in-kind plus hard-match to meet this requirement. In-kind (soft-match) contributions are in addition to the maintenance of effort required of recipients of grant awards. The types of contributions allowed are as follows:
(1) Any funds from a State, local, or other non-Federal source used for an eligible activity as defined in § 110.40 in this part.
(2) The dollar equivalent value of an eligible activity as defined in § 110.40 of this part provided by a State, local, or other non-Federal source.
(3) The value of participants' salary while attending a planning or training activity contained in the approved grant application provided by a State, local, or other non-Federal source.
(4) Additional types of in-kind contributions the Associate Administrator deems appropriate.
(b) Funds used for matching purposes under any other Federal grant or cooperative agreement may not be used for matching purposes. The funds expended
(c) Acceptable contributions for matching and cost sharing purposes must conform to 49 CFR part 18.
(a) A State must expend and account for grant funds in accordance with State laws and procedures for expending and accounting for its own funds. Fiscal control and accounting procedures of the State, as well as its subgrantees and cost-type contractors, must be sufficient to:
(1) Permit the preparation of reports required by 49 CFR part 18 and this part, including the tracing of funds provided for planning to a level of expenditure adequate to establish that at least 75 percent of the funds provided were made available to LEPCs for developing, improving, and implementing emergency plans; and the tracing of funds provided for training to a level of expenditure adequate to establish that at least 75 percent of the funds provided were made available for the purposes of training public sector employees employed or used by political subdivisions.
(2) Permit the tracing of funds to a level of expenditure adequate to establish that such funds have not been used in violation of the restrictions and prohibitions of applicable statutes.
(b) The financial management systems of Indian tribes and any subgrantees must meet the standards of 49 CFR 18.20, including the ability to trace funds provided for training to a level of expenditure adequate to establish that at least 75 percent of the funds provided were made available for the purposes of training public sector employees employed or used by political subdivisions.
(c) Advances shall be made to States and Indian tribes consistent with 49 CFR part 18 and 31 CFR part 205. The Associate Administrator shall base these advances on demonstrated need, which will be determined on a case-by-case basis, considering such factors as State/Tribal budget constraints and reductions in amounts budgeted for hazardous materials activities. To obtain an advance, a State or Indian tribe must comply with the following requirements:
(1) A letter from the Governor or Tribal leader or their designee is required specifying the extenuating circumstances requiring the funding advance for the grant;
(2) The maximum advance request may not be more than $25,000 for each State or Indian tribe;
(3) Recipients of advance funding must obligate those funds within 3 months of receipt;
(4) Advances including interest will be deducted from the initial reimbursement to the State or Indian tribe; and
(5) The State or Indian tribe will have its allocation of current grant funds reduced and will not be permitted to apply for future grant funds until the advance is covered by a request for reimbursement. For example, if $25,000 is advanced for personnel costs, this advance would be deducted from the initial reimbursement in the year the advance was made.
(d) To be allowable, costs must be eligible, reasonable, necessary, and allocable to the approved project in accordance with OMB Circular A-87 and included in the grant award. Costs incurred prior to the award of any grant are not allowable. Recipient agencies are responsible for obtaining audits in accordance with the Single Audit Act of 1984 (31 U.S.C. 7501), 49 CFR part 90, and OMB Circular A-128. Audits shall be made by an independent auditor in accordance with generally accepted government auditing standards covering financial and compliance audits. The Associate Administrator may audit a recipient agency at any time.
Project managers shall use procurement procedures and practices which reflect applicable State laws and regulations and Federal requirements as specified in 49 CFR 18.36.
(a)
(b)
(2) Project managers shall submit an original and two copies of all performance reports. Performance reports for planning and training must include comparison of actual accomplishments to the stated goals and objectives established for the performance period, and the reasons for not achieving those goals and objectives, if applicable.
(3) Project managers shall report developments or events that occur between the required performance reporting dates which have significant impact upon the planning and training activity such as:
(i) Problems, delays, or adverse conditions which will impair the ability to meet the objective of the grant; and
(ii) Favorable developments which enable meeting time schedules and objectives sooner or at less cost than anticipated or producing more beneficial results than originally planned.
(4) Financial reporting, except as provided in § 110.70 and 49 CFR 18.41, shall be supplied quarterly using Standard Form 270, Request for Advance or Reimbursement, to report the status of funds. The project manager shall report separately on planning and training.
(c)
If a recipient agency fails to comply with any term of an award (whether stated in a Federal statute or regulation, an assurance, a State plan or application, a notice of award, or elsewhere) a noncompliance action may be taken as specified in 40 CFR 18.43. The recipient agency may appeal any such actions as specified in 49 CFR part 18. Costs incurred by the recipient agency during a suspension or after termination of an award are not allowable unless the Associate Administrator authorizes it in writing. Grant awards may be terminated in whole or in part with the consent of the recipient at any agreed upon effective date, or by the recipient upon written notification.
The Associate Administrator will close out the award upon determination that all applicable administrative actions and all required work of the grant are complete in accordance with subpart D of 49 CFR part 18. The project manager must submit all financial, performance, and other reports required as a condition of the grant, within 90 days after the expiration or termination of the grant. This time
Recipient agencies may request a deviation from the non-statutory provisions of this part. The Associate Administrator will respond to such requests in writing. If appropriate, the decision will be included in the grant agreement. Request for deviations from part 110 must be submitted to: Grants Manager, Pipeline and Hazardous Materials Safety Administration, U.S. Department of Transportation, East Building, 1200 New Jersey Avenue, SE., Washington, DC 20590-0001.
Disputes should be resolved at the lowest level possible, beginning with the project manager and the project officer. If an agreement cannot be reached, the Administrator, PHMSA, will serve as the dispute resolution official, whose decision will be final.
33 U.S.C. 1321.
This part prescribes prevention, containment and response planning requirements of the Department of Transportation applicable to transportation of oil by motor vehicles and rolling stock.
(a) The requirements of this part apply to—
(1) Any liquid petroleum oil in a packaging having a capacity of 3,500 gallons or more; and
(2) Any liquid petroleum or non-petroleum oil in a quantity greater than 42,000 gallons per packaging.
(b) The requirements of this part have no effect on—
(1) The applicability of the Hazardous Materials Regulations set forth in subchapter C of this chapter; and
(2) The discharge notification requirements of the United States Coast Guard (33 CFR part 153) and EPA (40 CFR part 110).
(c) The requirements of this part do not apply to—
(1) Any mixture or solution in which oil is in a concentration by weight of less than 10 percent.
(2) Transportation of oil by aircraft or vessel.
(3) Any petroleum oil carried in a fuel tank for the purpose of supplying fuel for propulsion of the transport vehicle to which it is attached.
(4) Oil transport exclusively within the confines of a non-transportation-related or terminal facility in a vehicle not intended for use in interstate or intrastate commerce (see 40 CFR part 112, appendix A).
(d) The requirements in § 130.31(b) of this part do not apply to mobile marine transportation-related facilities (see 33 CFR part 154).
No person may offer or accept for transportation or transport oil subject to this part unless that person—
(a) Complies with this part; and
(b) Has been instructed on the applicable requirements of this part.
In this subchapter:
(1) A written contract with a response contractor identifying and ensuring the availability of the necessary personnel or equipment within the shortest practicable time;
(2) A written certification by the owner or operator that the necessary personnel or equipment can and will be made available by the owner or operator within the shortest practicable time; or
(3) Documentation of membership in an oil spill response organization that ensures the owner's or operator's access to the necessary personnel or equipment within the shortest practicable time.
This incorporation by reference has been approved by the Director of the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. A copy may be obtained
This definition does not include hazardous substances (see 40 CFR part 116).
(a) No person may offer oil subject to this part for transportation unless that person provides the person accepting the oil for transportation a document indicating the shipment contains oil.
(b) No person may transport oil subject to this part unless a readily available document indicating that the shipment contains oil is in the possession of the transport vehicle operator during transportation.
(c) A material subject to the requirements of this part need not be specifically identified as oil when the shipment document accurately describes the material as: aviation fuel, diesel fuel, fuel oil, gasoline, jet fuel, kerosene, motor fuel, or petroleum.
Each packaging used for the transportation of oil subject to this part
(a) No person may transport oil subject to this part unless that person has a current basic written plan that:
(1) Sets forth the manner of response to discharges that may occur during transportation;
(2) Takes into account the maximum potential discharge of the contents from the packaging;
(3) Identifies private personnel and equipment available to respond to a discharge;
(4) Identifies the appropriate persons and agencies (including their telephone numbers) to be contacted in regard to such a discharge and its handling, including the National Response Center; and
(5) For each motor carrier, is retained on file at that person's principal place of business and at each location where dispatching of motor vehicles occurs; and for each railroad, is retained on file at that person's principal place of business and at the dispatcher's office.
(b) No person may transport an oil subject to this part in a quantity greater than 1,000 barrels (42,000 gallons) unless that person has a current comprehensive written plan that:
(1) Conforms with all requirements specified in paragraph (a) of this section;
(2) Is consistent with the requirements of the National Contingency Plan (40 CFR part 300) and Area Contingency Plans;
(3) Identifies the qualified individual having full authority to implement removal actions, and requires immediate communications between that individual and the appropriate Federal official and the persons providing spill response personnel and equipment;
(4) Identifies, and ensures by contract or other means the availability of, private personnel (including address and phone number), and the equipment necessary to remove, to the maximum extent practicable, a worst case discharge (including a discharge resulting from fire or explosion) and to mitigate or prevent a substantial threat of such a discharge;
(5) Describes the training, equipment testing, periodic unannounced drills, and response actions of facility personnel, to be carried out under the plan to ensure the safety of the facility and to mitigate or prevent the discharge, or the substantial threat of such a discharge; and
(6) Is submitted, and resubmitted in the event of any significant change, to the Federal Railroad Administrator (for tank cars), or to the Federal Highway Administrator (for cargo tanks) at East Building, 1200 New Jersey Avenue, SE., Washington, DC 20590-0001.
If, during transportation of oil subject to this part, a discharge occurs—into or on the navigable waters of the United States; on the adjoining shorelines to the navigable waters; or that may affect natural resources belonging to, appertaining to, or under the exclusive management authority of, the United States—the person transporting the oil shall implement the plan required by § 130.31, in a manner consistent with the National Contingency Plan, 40 CFR part 300, or as otherwise directed by the Federal on-scene coordinator.
49 U.S.C. 5101-5128, 44701; 49 CFR 1.45 and 1.53; Pub. L. 101-410 section 4 (28 U.S.C. 2461 note); Pub. L. 104-134 section 31001.
Nomenclature changes to part 171 appear at 70 FR 56090, Sept. 23, 2005.
Federal hazardous materials transportation law (49 U.S.C. 5101
(a)
(b)
(1) Determining the hazard class of a hazardous material.
(2) Selecting a hazardous materials packaging.
(3) Filling a hazardous materials packaging, including a bulk packaging.
(4) Securing a closure on a filled or partially filled hazardous materials package or container or on a package or container containing a residue of a hazardous material.
(5) Marking a package to indicate that it contains a hazardous material.
(6) Labeling a package to indicate that it contains a hazardous material.
(7) Preparing a shipping paper.
(8) Providing and maintaining emergency response information.
(9) Reviewing a shipping paper to verify compliance with the HMR or international equivalents.
(10) For each person importing a hazardous material into the United States, providing the shipper with timely and complete information as to the HMR requirements that will apply to the transportation of the material within the United States.
(11) Certifying that a hazardous material is in proper condition for transportation in conformance with the requirements of the HMR.
(12) Loading, blocking, and bracing a hazardous materials package in a freight container or transport vehicle.
(13) Segregating a hazardous materials package in a freight container or transport vehicle from incompatible cargo.
(14) Selecting, providing, or affixing placards for a freight container or transport vehicle to indicate that it contains a hazardous material.
(c)
(1)
(2)
(3)
(4)
(i) Storage incidental to movement includes—
(A) Storage at the destination shown on a shipping document, including storage at a transloading facility, provided the original shipping documentation identifies the shipment as a through-shipment and identifies the final destination or destinations of the hazardous material; and
(B) A rail car containing a hazardous material that is stored on track that does not meet the definition of “private track or siding” in § 171.8, even if the car has been delivered to the destination shown on the shipping document.
(ii) Storage incidental to movement does not include storage of a hazardous material at its final destination as shown on a shipping document.
(d)
(1) Storage of a freight container, transport vehicle, or package containing a hazardous material at an offeror facility prior to a carrier taking possession of the hazardous material for movement in transportation in commerce or, for a private motor carrier, prior to a motor vehicle driver
(2) Unloading of a hazardous material from a transport vehicle or a bulk packaging performed by a person employed by or working under contract to the consignee following delivery of the hazardous material by the carrier to its destination and departure from the consignee's premises of the carrier's personnel or, in the case of a private carrier, departure of the driver from the unloading area.
(3) Storage of a freight container, transport vehicle, or package containing a hazardous material after its delivery by a carrier to the destination indicated on a shipping document, package marking, or other medium, or, in the case of a rail car, storage of a rail car on private track.
(4) Rail and motor vehicle movements of a hazardous material exclusively within a contiguous facility boundary where public access is restricted, except to the extent that the movement is on or crosses a public road or is on track that is part of the general railroad system of transportation, unless access to the public road is restricted by signals, lights, gates, or similar controls.
(5) Transportation of a hazardous material in a motor vehicle, aircraft, or vessel operated by a Federal, state, or local government employee solely for noncommercial Federal, state, or local government purposes.
(6) Transportation of a hazardous material by an individual for non-commercial purposes in a private motor vehicle, including a leased or rented motor vehicle.
(7) Any matter subject to the postal laws and regulations of the United States.
(e)
(f)
(i) Complying with both the non-Federal requirement and Federal hazardous materials transportation law, the regulations issued under Federal hazardous material transportation law or a hazardous material transportation security regulation or directive issued by the Secretary of Homeland Security is not possible;
(ii) The non-Federal requirement, as applied or enforced, is an obstacle to accomplishing and carrying out Federal hazardous materials transportation law, the regulations issued under Federal hazardous material transportation law, or a hazardous material transportation security regulation or directive issued by the Secretary of Homeland Security;
(iii) The non-Federal requirement is not substantively the same as a provision of Federal hazardous materials transportation law, the regulations issued under Federal hazardous material transportation law, or a hazardous material transportation security regulation or directive issued by the Secretary of Homeland Security with respect to—
(A) The designation, description, and classification of hazardous material;
(B) The packing, repacking, handling, labeling, marking, and placarding of hazardous material;
(C) The preparation, execution, and use of shipping documents related to hazardous material and requirements related to the number, contents, and placement of those documents;
(D) The written notification, recording, and reporting of the unintentional release of hazardous material; or
(E) The design, manufacturing, fabricating, marking, maintenance, reconditioning, repairing, or testing of a package or container represented, marked, certified, or sold as qualified for use in transporting hazardous material.
(iv) A non-Federal designation, limitation or requirement on highway routes over which hazardous material may or may not be transported does not comply with the regulations in subparts C and D of part 397 of this title; or
(v) A fee related to the transportation of a hazardous material is not fair or is used for a purpose that is not related to transporting hazardous material, including enforcement and planning, developing, and maintaining a capability for emergency response.
(2) Subject to the limitations in paragraph (f)(1) of this section, each facility at which functions regulated under the HMR are performed may be subject to applicable laws and regulations of state and local governments and Indian tribes.
(3) The procedures for DOT to make administrative determinations of preemption are set forth in subpart E of part 397 of this title with respect to non-Federal requirements on highway routing (paragraph (f)(1)(iv) of this section) and in subpart C of part 107 of this chapter with respect to all other non-Federal requirements.
(g)
(a) Each person who performs a function covered by this subchapter must perform that function in accordance with this subchapter.
(b) Each person who offers a hazardous material for transportation in commerce must comply with all applicable requirements of this subchapter, or an exemption or special permit, approval, or registration issued under this subchapter or under subchapter A of this chapter. There may be more than one offeror of a shipment of hazardous materials. Each offeror is responsible for complying with the requirements of this subchapter, or an exemption or special permit, approval, or registration issued under this subchapter or subchapter A of this chapter, with respect to any pre-transportation function that it performs or is required to perform; however, each offeror is responsible only for the specific pre-transportation functions that it performs or is required to perform, and each offeror may rely on information provided by another offeror, unless that offeror knows or, a reasonable person, acting in the circumstances and exercising reasonable care, would have knowledge that the information provided by the other offeror is incorrect.
(c) Each person who performs a function covered by or having an effect on a specification or activity prescribed in part 178, 179, or 180 of this subchapter, an approval issued under this subchapter, or an exemption or special permit issued under subchapter A of this chapter, must perform the function in accordance with that specification, approval, an exemption or special permit, as appropriate.
(d) No person may offer or accept a hazardous material for transportation in commerce or transport a hazardous material in commerce unless that person is registered in conformance with
(e) No person may offer or accept a hazardous material for transportation in commerce unless the hazardous material is properly classed, described, packaged, marked, labeled, and in condition for shipment as required or authorized by applicable requirements of this subchapter or an exemption or special permit, approval, or registration issued under this subchapter or subchapter A of this chapter.
(f) No person may transport a hazardous material in commerce unless the hazardous material is transported in accordance with applicable requirements of this subchapter, or an exemption or special permit, approval, or registration issued under this subchapter or subchapter A of this chapter. Each carrier who transports a hazardous material in commerce may rely on information provided by the offeror of the hazardous material or a prior carrier, unless the carrier knows or, a reasonable person, acting in the circumstances and exercising reasonable care, would have knowledge that the information provided by the offeror or prior carrier is incorrect.
(g) No person may represent, mark, certify, sell, or offer a packaging or container as meeting the requirements of this subchapter governing its use in the transportation of a hazardous material in commerce unless the packaging or container is manufactured, fabricated, marked, maintained, reconditioned, repaired, and retested in accordance with the applicable requirements of this subchapter. No person may represent, mark, certify, sell, or offer a packaging or container as meeting the requirements of an exemption, a special permit, approval, or registration issued under this subchapter or subchapter A of this chapter unless the packaging or container is manufactured, fabricated, marked, maintained, reconditioned, repaired, and retested in accordance with the applicable requirements of the exemption, special permit, approval, or registration issued under this subchapter or subchapter A of this chapter. The requirements of this paragraph apply whether or not the packaging or container is used or to be used for the transportation of a hazardous material.
(h) The representations, markings, and certifications subject to the prohibitions of paragraph (g) of this section include:
(1) Specification identifications that include the letters “ICC”, “DOT”, “CTC”, “MC”, or “UN”;
(2) Exemption, special permit, approval, and registration numbers that include the letters “DOT”, “EX”, “M”, or “R”; and
(3) Test dates associated with specification, registration, approval, retest, exemption, or special permit markings indicating compliance with a test or retest requirement of the HMR, or an exemption, special permit, approval, or registration issued under the HMR or under subchapter A of this chapter.
(i) No person may certify that a hazardous material is offered for transportation in commerce in accordance with the requirements of this subchapter unless the hazardous material is properly classed, described, packaged, marked, labeled, and in condition for shipment as required or authorized by applicable requirements of this subchapter or an exemption or special permit, approval, or registration issued under this subchapter or subchapter A of this chapter. Each person who offers a package containing a hazardous material for transportation in commerce in accordance with the requirements of this subchapter or an exemption or special permit, approval, or registration issued under this subchapter or subchapter A of this chapter, must assure that the package remains in condition for shipment until it is in the possession of the carrier.
(j) No person may, by marking or otherwise, represent that a container or package for transportation of a hazardous material is safe, certified, or in compliance with the requirements of this chapter unless it meets the requirements of all applicable regulations issued under Federal hazardous material transportation law.
(k) No person may, by marking or otherwise, represent that a hazardous material is present in a package, container, motor vehicle, rail car, aircraft, or vessel if the hazardous material is not present.
(l) No person may alter, remove, deface, destroy, or otherwise unlawfully tamper with any marking, label, placard, or description on a document required by Federal hazardous material transportation law or the regulations issued under Federal hazardous material transportation law. No person may alter, deface, destroy, or otherwise unlawfully tamper with a package, container, motor vehicle, rail car, aircraft, or vessel used for the transportation of hazardous materials.
(m) No person may falsify or alter an exemption or special permit, approval, registration, or other grant of authority issued under this subchapter or subchapter A of this chapter. No person may offer a hazardous material for transportation or transport a hazardous material in commerce under an exemption or special permit, approval, registration or other grant of authority issued under this subchapter or subchapter A of this chapter if such grant of authority has been altered without the consent of the issuing authority. No person may represent, mark, certify, or sell a packaging or container under an exemption or special permit, approval, registration or other grant of authority issued under this subchapter or subchapter A of this chapter if such grant of authority has been altered without the consent of the issuing authority.
(a) No person may offer for transportation or transport a hazardous waste (as defined in § 171.8 of this subchapter) in interstate or intrastate commerce except in accordance with the requirements of this subchapter.
(b) No person may accept for transportation, transport, or deliver a hazardous waste for which a manifest is required unless that person:
(1) Has marked each motor vehicle used to transport hazardous waste in accordance with § 390.21 of this title even though placards may not be required;
(2) Complies with the requirements for manifests set forth in § 172.205 of this subchapter; and
(3) Delivers, as designated on the manifest by the generator, the entire quantity of the waste received from the generator or a transporter to:
(i) The designated facility or, if not possible, to the designated alternate facility;
(ii) The designated subsequent carrier; or
(iii) A designated place outside the United States.
Federal law specifies penalties up to $250,000 fine for an individual and $500,000 for a company and 5 years imprisonment for the willful discharge of hazardous waste at other than designated facilities. 49 U.S.C. 5124.
(c) If a discharge of hazardous waste or other hazardous material occurs during transportation, and an official of a State or local government or a Federal agency, acting within the scope of his official responsibilities, determines that immediate removal of the waste is necessary to prevent further consequence, that official may authorize the removal of the waste without the preparation of a manifest. [
EPA requires shippers (generators) and carriers (transporters) of hazardous wastes to have identification numbers which must be displayed on hazardous waste manifests. See 40 CFR parts 262 and 263. (Identification number application forms may be obtained from EPA regional offices.)
In 40 CFR part 263, the EPA sets forth requirements for the cleanup of releases of hazardous wastes.
(a) Except as provided in paragraph (c) of this section, no person may offer for transportation or transport a marine pollutant, as defined in § 171.8, in intrastate or interstate commerce except in accordance with the requirements of this subchapter.
(b) The requirements of this subchapter for the transportation of marine pollutants are based on the provisions of Annex III of the 1973 International Convention for Prevention of Pollution from Ships, as modified by the Protocol of 1978 (MARPOL 73/78).
(c)
(a)
(b)
(1) Column 1 lists the OMB control number assigned to the HMR collections of information. Column 2 contains the Report Title of the approved collection of information. Column 3 lists the part(s) or section(s) in 49 CFR identified or described in the collection of information.
(2) Table.
For
(a)
(2)
(i) The Office of Hazardous Materials Safety, Office of Hazardous Materials Standards, East Building, PHH-10, 1200 New Jersey Avenue, SE., Washington, DC 20590-0001. For information on the availability of this material at PHH-10, call 1-800-467-4922, or go to:
(ii) The National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202-741-6030, or go to:
(3)
(b)
For
At 68 FR 19273, Apr. 18, 2003, § 171.7(a)(3) was amended by removing the entry for “TTMA TB No. 81” under “Truck Trailer Manufacturers Association”. The amendment could not be incorporated because that entry does not exist.
In this subchapter,
(1) A maximum capacity greater than 450 L (119 gallons) as a receptacle for a liquid;
(2) A maximum net mass greater than 400 kg (882 pounds) and a maximum capacity greater than 450 L (119 gallons) as a receptacle for a solid; or
(3) A water capacity greater than 454 kg (1000 pounds) as a receptacle for a gas as defined in § 173.115 of this subchapter.
(1) Is a tank intended primarily for the carriage of liquids or gases and includes appurtenances, reinforcements, fittings, and closures (for the definition of a tank,
(2) Is permanently attached to or forms a part of a motor vehicle, or is not permanently attached to a motor vehicle but which, by reason of its size, construction or attachment to a motor vehicle is loaded or unloaded without being removed from the motor vehicle; and
(3) Is not fabricated under a specification for cylinders, intermediate bulk containers, multi-unit tank car tanks, portable tanks, or tank cars.
(2) Any ferry being operated under authority of a change of character certificate issued by a Coast Guard Officer-in-Charge, Marine Inspection.
(1) Has an engineering degree and one year of work experience in cargo tank structural or mechanical design;
(2) Is currently registered as a professional engineer by appropriate authority of a state of the United States or a province of Canada; or
(3) Has at least three years' experience in performing the duties of a Design Certifying Engineer prior to September 1, 1991.
(1) Is in a liquid phase and at a temperature at or above 100 °C (212 °F);
(2) Is in a liquid phase with a flash point at or above 38 °C (100 °F) that is intentionally heated and offered for transportation or transported at or above its flash point; or
(3) Is in a solid phase and at a temperature at or above 240 °C (464 °F).
(1) For compressed gases in cylinders, see § 173.304a(a)(2) table note 1.
(2) For compressed gases in tank cars, see § 173.314(c) table note 1.
(3) For compressed gases in cargo tanks 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 in cylinders, see § 173.316(c)(3) table note 1.
(6) For cryogenic liquids in cargo tanks, see § 173.318(f)(1).
(7) For cryogenic liquids in tank cars, see § 173.319(d)(1).
(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 reportable quantity (RQ) listed in the appendix A to § 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, is in a concentration by weight which equals or exceeds the concentration corresponding to the RQ of the material, as shown in the following table:
The term does not include petroleum, including crude oil or any fraction thereof which is not otherwise specifically listed or designated as a hazardous substance in appendix A to § 172.101 of this subchapter, and the term does not include natural gas, natural gas liquids, liquefied natural gas, or synthetic gas usable for fuel (or mixtures of natural gas and such synthetic gas).
(i) Employed on a full-time, part time, or temporary basis by a hazmat employer and who in the course of such full time, part time or temporary employment directly affects hazardous materials transportation safety;
(ii) Self-employed (including an owner-operator of a motor vehicle, vessel, or aircraft) transporting hazardous materials in commerce who in the course of such self-employment directly affects hazardous materials transportation safety;
(iii) A railroad signalman; or
(iv) A railroad maintenance-of-way employee.
(2) This term includes an individual, employed on a full time, part time, or temporary basis by a hazmat employer, or who is self-employed, who during the course of employment:
(i) Loads, unloads, or handles hazardous materials;
(ii) Designs, manufactures, fabricates, inspects, marks, maintains, reconditions, repairs, or tests a package, container or packaging component that is represented, marked, certified, or sold as qualified for use in transporting hazardous material in commerce.
(iii) Prepares hazardous materials for transportation;
(iv) Is responsible for safety of transporting hazardous materials;
(v) Operates a vehicle used to transport hazardous materials.
(1) A person who employs or uses at least one hazmat employee on a full-time, part time, or temporary basis; and who:
(i) Transports hazardous materials in commerce;
(ii) Causes hazardous materials to be transported in commerce; or
(iii) Designs, manufactures, fabricates, inspects, marks, maintains, reconditions, repairs or tests a package, container, or packaging component that is represented, marked, certified, or sold by that person as qualified for use in transporting hazardous materials in commerce;
(2) A person who is self-employed (including an owner-operator of a motor vehicle, vessel, or aircraft) transporting materials in commerce; and who:
(i) Transports hazardous materials in commerce;
(ii) Causes hazardous materials to be transported in commerce; or
(iii) Designs, manufactures, fabricates, inspects, marks, maintains, reconditions, repairs or tests a package, container, or packaging component that is represented, marked, certified, or sold by that person as qualified for use in transporting hazardous materials in commerce; or
(3) A department, agency, or instrumentality of the United States Government, or an authority of a State, political subdivision of a State, or an Indian tribe; and who:
(i) Transports hazardous materials in commerce;
(ii) Causes hazardous materials to be transported in commerce; or
(iii) Designs, manufactures, fabricates, inspects, marks, maintains, reconditions, repairs or tests a package, container, or packaging component that is represented, marked, certified, or sold by that person as qualified for use in transporting hazardous materials in commerce.
(1) Between any place in the United States and any place in a foreign country;
(2) Between places in the United States through a foreign country; or
(3) Between places in one or more foreign countries through the United States.
(1) Consists of an outer packaging that contains articles or inner packagings;
(2) Is designated for mechanical handling;
(3) Exceeds 400 kg net mass or 450 liters (118.9 gallons) capacity;
(4) Has a volume of not more than 3 cubic meters (m
(5) Conforms to the requirements for the construction, testing and marking of Large Packagings as specified in subparts P and Q of part 178 of this subchapter.
(1) Ten percent by weight of the solution or mixture for materials listed in the appendix; or
(2) One percent by weight of the solution or mixture for materials that are identified as severe marine pollutants in the appendix.
(1) For the purpose of protecting the health and safety of the motor vehicle operator or passengers;
(2) For the purpose of supporting the operation or maintenance of a motor vehicle (including its auxiliary equipment); or
(3) By a private motor carrier (including vehicles operated by a rail carrier) in direct support of a principal business that is other than transportation by motor vehicle.
(1) A gas meeting the defining criteria in § 173.115(c) of this subchapter and assigned to Hazard Zone A, B, C, or D in accordance with § 173.116(a) of this subchapter;
(2) A liquid (other than as a mist) meeting the defining criteria in § 173.132(a)(1)(iii) of this subchapter and assigned to Hazard Zone A or B in accordance with § 173.133(a) of this subchapter; or
(3) Any material identified as an inhalation hazard by a special provision in column 7 of the § 172.101 table.
(1) A maximum capacity of 450 L (119 gallons) or less as a receptacle for a liquid;
(2) A maximum net mass of 400 kg (882 pounds) or less and a maximum capacity of 450 L (119 gallons) or less as a receptacle for a solid; or
(3) A water capacity of 454 kg (1000 pounds) or less as a receptacle for a gas as defined in § 173.115 of this subchapter.
(1) Placed or stacked onto a load board such as a pallet and secured by strapping, shrink wrapping, stretch wrapping, or other suitable means; or
(2) Placed in a protective outer packaging such as a box or crate.
(1) The owner or his representative;
(2) The operator;
(3) A bona fide member of the crew engaged in the business of the vessel who has contributed no consideration for his carriage and who is paid for his services; or
(4) A guest who has not contributed any consideration directly or indirectly for his carriage.
(1) A vessel subject to any of the requirements of the International Convention for the Safety of Life at Sea, 1974, which carries more than 12 passengers;
(2) A cargo vessel documented under the laws of the United States and not subject to that Convention, which carries more than 16 passengers;
(3) A cargo vessel of any foreign nation that extends reciprocal privileges and is not subject to that Convention and which carries more than 16 passengers; and
(4) A vessel engaged in a ferry operation and which carries passengers.
(1) Any person who does either or both of the following:
(i) Performs, or is responsible for performing, any pre-transportation function required under this subchapter for transportation of the hazardous material in commerce.
(ii) Tenders or makes the hazardous material available to a carrier for transportation in commerce.
(2) A carrier is not an offeror when it performs a function required by this subchapter as a condition of acceptance of a hazardous material for transportation in commerce (
(1) Determining the hazard class of a hazardous material.
(2) Selecting a hazardous materials packaging.
(3) Filling a hazardous materials packaging, including a bulk packaging.
(4) Securing a closure on a filled or partially filled hazardous materials package or container or on a package or container containing a residue of a hazardous material.
(5) Marking a package to indicate that it contains a hazardous material.
(6) Labeling a package to indicate that it contains a hazardous material.
(7) Preparing a shipping paper.
(8) Providing and maintaining emergency response information.
(9) Reviewing a shipping paper to verify compliance with the HMR or international equivalents.
(10) For each person importing a hazardous material into the United States, providing the shipper with timely and complete information as to the HMR requirements that will apply to the transportation of the material within the United States.
(11) Certifying that a hazardous material is in proper condition for transportation in conformance with the requirements of the HMR.
(12) Loading, blocking, and bracing a hazardous materials package in a freight container or transport vehicle.
(13) Segregating a hazardous materials package in a freight container or transport vehicle from incompatible cargo.
(14) Selecting, providing, or affixing placards for a freight container or transport vehicle to indicate that it contains a hazardous material.
(ii) Track leased by a railroad to a lessee, where the lease provides for, and actual practice entails, exclusive use of that trackage by the lessee and/or a general system railroad for purpose of moving only cars shipped to or by the lessee, and where the lessor otherwise exercises no control over or responsibility for the trackage or the cars on the trackage.
(1) Has an engineering degree and one year of work experience relating to the testing and inspection of cargo tanks;
(2) Has an associate degree in engineering and two years of work experience relating to the testing and inspection of cargo tanks;
(3) Has a high school diploma (or General Equivalency Diploma) and three years of work experience relating to the testing and inspection of cargo tanks; or
(4) Has at least three years' experience performing the duties of a Registered Inspector prior to September 1, 1991.
(1) Is intended to have an irritating or incapacitating effect on a person or animal; and
(2) Meets no hazard criteria other than for Class 9 (for example, a pepper spray; see § 173.140(a) of this subchapter) and, for an aerosol, Division 2.1 or 2.2 (see § 173.115 of this subchapter), except that it may contain not more than two percent by mass of a tear gas substance (e.g., chloroacetophenone (CN) or 0-chlorobenzylmalonitrile (CS); see § 173.132(a)(2) of this subchapter.)
(1)
(i) Storage at the destination shown on a shipping document, including storage at a transloading facility, provided the shipping documentation identifies the shipment as a through-shipment and identifies the final destination or destinations of the hazardous material; and
(ii) Rail cars containing hazardous materials that are stored on track that does not meet the definition of “private track or siding” in § 171.8, even if those cars have been delivered to the destination shown on the shipping document.
(2) Storage incidental to movement does not include storage of a hazardous material at its final destination as shown on a shipping document.
For
(a) In this subchapter, unless the context requires otherwise:
(1) Words imparting the singular include the plural;
(2) Words imparting the plural include the singular; and
(3) Words imparting the masculine gender include the feminine;
(b) In this subchapter, the word: (1) “Shall” is used in an imperative sense;
(2) “Must” is used in an imperative sense;
(3) “Should” is used in a recommendatory sense;
(4) “May” is used in a permissive sense to state authority or permission to do the act described, and the words “no person may * * *” or “a person may not * * *” means that no person is required, authorized, or permitted to do the act described; and
(5) “Includes” is used as a word of inclusion not limitation.
(a)
(b) Abbreviations for SI units of measure generally used throughout this subchapter are as shown in paragraph (c) of this section. Customary units shown throughout this subchapter are generally not abbreviated.
(c)
(2) If an exact conversion is needed, the following conversion table should be used.
(a)
(2)
(3)
(i) An equivalent type of packaging is authorized for the hazardous material according to the § 172.101 table of this subchapter;
(ii) The portable tank, cargo tank motor vehicle or rail tank car conforms to the requirements of the applicable part 173 bulk packaging section specified in the § 172.101 table for the material to be transported;
(iii) The portable tank, cargo tank motor vehicle or rail tank car conforms to the requirements of all assigned bulk packaging special provisions (B codes, and T and TP codes) in § 172.102 of this subchapter; and
(iv) The bulk packaging conforms to all applicable requirements of §§ 173.31, 173.32, 173.33 and 173.35 of this subchapter, and parts 177 and 180 of this subchapter. The periodic retests and inspections required by §§ 173.31, 173.32 and 173.33 of this subchapter may be performed in accordance with part 180 of this subchapter or in accordance with the requirements of the TDG Regulations provided that the intervals prescribed in part 180 of this subchapter are met.
(v) Rail tank cars must conform to the requirements of Canadian General Standards Board standard 43.147 (IBR, see § 171.7).
(4)
(i) The packaging is a UN pressure receptacle marked with the letters “CAN” for Canada as a country of manufacture or a country of approval or is a cylinder that was manufactured, inspected and tested in accordance with a DOT specification or a UN standard prescribed in part 178 of this subchapter, except that cylinders not conforming to these requirements must meet the requirements in § 171.23. Each cylinder must conform to the applicable requirements in part 173 of this subchapter for the hazardous material involved.
(ii) The packaging is a Canadian Transport Commission (CTC) specification cylinder manufactured, originally marked and approved in accordance with the CTC regulations and in full conformance with the Transport Canada TDG Regulations.
(A) The CTC specification corresponds with a DOT specification and the cylinder markings are the same as those specified in this subchapter except that they were originally marked with the letters “CTC” in place of “DOT”;
(B) The cylinder has been requalified under a program authorized by the Transport Canada TDG Regulations or requalified in accordance with the requirements in § 180.205 within the prescribed requalification period provided for the corresponding DOT specification;
(C) When the regulations authorize a cylinder for a specific hazardous material with a specification marking prefix
(D) Transport of the cylinder and the material it contains is in all other respects in conformance with the requirements of this subchapter (e.g. valve protection, filling requirements, operational requirements, etc.).
(5)
(6)
(b)
(1) The shipping description must include the words “Toxic Inhalation Hazard” or “Poison-Inhalation Hazard” or “Inhalation Hazard”, as required in § 172.203(m) of this subchapter.
(2) The material must be packaged in accordance with requirements of this subchapter.
(3) The package must be marked in accordance with § 172.313 of this subchapter.
(4) Except as provided in paragraph (e)(5) of this section, the package must be labeled or placarded POISON GAS or POISON INHALATION HAZARD, as appropriate, in accordance with subparts E and F of this subchapter.
(5) A label or placard that conforms to the UN Recommendations (IBR, see § 171.7) specifications for a “Division 2.3” or “Division 6.1” label or placard may be substituted for the POISON GAS or POISON INHALATION HAZARD label or placard required by §§ 172.400(a) and 172.504(e) of this subchapter on a package transported in a closed transport vehicle or freight container. The transport vehicle or freight container must be marked with identification numbers for the material, regardless of the total quantity contained in the transport vehicle or freight container, in the manner specified in § 172.313(c) of this subchapter and placarded as required by subpart F of this subchapter.
For
(a)
(1) Name of reporter;
(2) Name and address of person represented by reporter;
(3) Phone number where reporter can be contacted;
(4) Date, time, and location of incident;
(5) The extent of injury, if any;
(6) Class or division, proper shipping name, and quantity of hazardous materials involved, if such information is available; and
(7) Type of incident and nature of hazardous material involvement and whether a continuing danger to life exists at the scene.
(b)
(1) As a direct result of a hazardous material—
(i) A person is killed;
(ii) A person receives an injury requiring admittance to a hospital;
(iii) The general public is evacuated for one hour or more;
(iv) A major transportation artery or facility is closed or shut down for one hour or more; or
(v) The operational flight pattern or routine of an aircraft is altered;
(2) Fire, breakage, spillage, or suspected radioactive contamination occurs involving a radioactive material (see also § 176.48 of this subchapter);
(3) Fire, breakage, spillage, or suspected contamination occurs involving an infectious substance other than a regulated medical waste;
(4) A release of a marine pollutant occurs in a quantity exceeding 450 L (119 gallons) for a liquid or 400 kg (882 pounds) for a solid;
(5) A situation exists of such a nature (
(6) During transportation by aircraft, a fire, violent rupture, explosion or dangerous evolution of heat (
(c)
Under 40 CFR 302.6, EPA requires persons in charge of facilities (including transport vehicles, vessels, and aircraft) to report any release of a hazardous substance in a quantity equal to or greater than its reportable quantity, as soon as that person has knowledge of the release, to DOT's National Response Center at (toll free) 800-424-8802 or (toll) 202-267-2675.
(a)
(1) Any of the circumstances set forth in § 171.15(b);
(2) An unintentional release of a hazardous material or the discharge of any quantity of hazardous waste;
(3) A specification cargo tank with a capacity of 1,000 gallons or greater containing any hazardous material suffers structural damage to the lading retention system or damage that requires repair to a system intended to protect the lading retention system, even if there is no release of hazardous material;
(4) An undeclared hazardous material is discovered; or
(5) A fire, violent rupture, explosion or dangerous evolution of heat (
(b)
(1) Submit a written Hazardous Materials Incident Report to the Information Systems Manager, PHH-60, Pipeline and Hazardous Materials Safety
(2) For an incident involving transportation by aircraft, submit a written or electronic copy of the Hazardous Materials Incident Report to the FAA Security Field Office nearest the location of the incident; and
(3) Retain a written or electronic copy of the Hazardous Materials Incident Report for a period of two years at the reporting person's principal place of business. If the written or electronic Hazardous Materials Incident Report is maintained at other than the reporting person's principal place of business, the report must be made available at the reporting person's principal place of business within 24 hours of a request for the report by an authorized representative or special agent of the Department of Transportation.
(c)
(1) A death results from injury caused by a hazardous material;
(2) There was a misidentification of the hazardous material or package information on a prior incident report;
(3) Damage, loss or related cost that was not known when the initial incident report was filed becomes known; or
(4) Damage, loss, or related cost changes by $25,000 or more, or 10% of the prior total estimate, whichever is greater.
(d)
(1) A release of a minimal amount of material from—
(i) A vent, for materials for which venting is authorized;
(ii) The routine operation of a seal, pump, compressor, or valve; or
(iii) Connection or disconnection of loading or unloading lines, provided that the release does not result in property damage.
(2) An unintentional release of hazardous material when:
(i) The material is properly classed as—
(A) ORM-D; or
(B) a Packing Group III material in Class or Division 3, 4, 5, 6.1, 8, or 9;
(ii) Each package has a capacity of less than 20 liters (5.2 gallons) for liquids or less than 30 kg (66 pounds) for solids;
(iii) The total aggregate release is less than 20 liters (5.2 gallons) for liquids or less than 30 kg (66 pounds) for solids; and
(iv) The material is not—
(A) Offered for transportation or transported by aircraft,
(B) A hazardous waste, or
(C) An undeclared hazardous material.
(3) An undeclared hazardous material discovered in an air passenger's checked or carry-on baggage during the airport screening process. (For discrepancy reporting by carriers, see § 175.31 of this subchapter.)
Effective December 31, 1998, approvals or authorizations issued by the Bureau of Explosives (BOE), other than those issued under part 179 of this subchapter, are no longer valid.
(a) When it is required in this subchapter that the issuance of an approval by the Associate Administrator be based on an examination by the Bureau of Explosives (or any other test facility recognized by PHMSA), it is the responsibility of the applicant to
(b) Applications for approval submitted under paragraph (a) of this section, must be submitted to the Associate Administrator for Hazardous Materials Safety, Pipeline and Hazardous Materials Safety Administration, Washington, DC 20590-0001.
(c) Any applicant for an approval aggrieved by an action taken by the Associate Administrator, under this subpart may file an appeal with the Administrator, PHMSA within 30 days of service of notification of a denial.
(a) A shipper, carrier, package owner, package manufacturer or certifier, repair facility, or person reporting an incident under the provisions of § 171.16 must:
(1) Make all records and information pertaining to the incident available to an authorized representative or special agent of the Department of Transportation upon request; and
(2) Give an authorized representative or special agent of the Department of Transportation reasonable assistance in the investigation of the incident.
(b) If an authorized representative or special agent of the Department of Transportation makes an inquiry of a person required to complete an incident report in connection with a study of incidents, the person shall:
(1) Respond to the inquiry within 30 days after its receipt or within such other time as the inquiry may specify; and
(2) Provide true and complete answers to any questions included in the inquiry.
(a)
(b)
(1) Is subject to the requirements of the applicable international standard or regulation and must be offered for transportation or transported in conformance with the applicable standard or regulation; and
(2) Must conform to all applicable requirements of this subpart.
(c)
(d)
(e)
(1) Section 173.21 of this subchapter;
(2) Column (3) of the § 172.101 Table of this subchapter;
(3) Column (9A) of the § 172.101 Table of this subchapter when offered for transportation or transported on passenger aircraft or passenger railcar; or
(4) Column (9B) of the § 172.101 Table of this subchapter when offered for transportation or transported by cargo aircraft.
(f)
(2) The shipper, directly or through the forwarding agent at the place of entry, must provide the initial U.S. carrier with the shipper's certification required by § 172.204 of this subchapter, unless the shipment is otherwise excepted from the certification requirement. Except for shipments for which the certification requirement does not apply, a carrier may not accept a hazardous material for transportation unless provided a shipper's certification.
(3) All shipping paper information and package markings required in accordance with this subchapter must be in English. The use of shipping papers and a package marked with both English and a language other than English, in order to dually comply with this subchapter and the regulations of a foreign entity, is permitted under this subchapter.
(4) Each person who provides for transportation or receives for transportation (see §§ 174.24, 175.30, 176.24 and 177.817 of this subchapter) a shipping paper must retain a copy of the shipping paper or an electronic image thereof that is accessible at or through its principal place of business in accordance with § 172.201(e) of this part.
(g)
(1) The emergency response information requirements in subpart G of part 172 of this subchapter;
(2) The training requirements in subpart H of part 172 of this subchapter, including function-specific training in the use of the international transport standards and regulations authorized in paragraph (a) of this section, as applicable;
(3) The security requirements in subpart I of part 172 of this subchapter;
(4) The incident reporting requirements in §§ 171.15 and 171.16 of this part for incidents occurring within the jurisdiction of the United States including on board vessels in the navigable waters of the United States and aboard aircraft of United States registry anywhere in air commerce;
(5) For export shipments, the general packaging requirements in §§ 173.24 and 173.24a of this subchapter;
(6) For export shipments, the requirements for the reuse, reconditioning, and remanufacture of packagings in § 173.28 of this subchapter; and
(7) The registration requirements in subpart G of part 107 of this chapter.
All shipments offered for transportation or transported in the United States under the ICAO Technical Instructions, IMDG Code, Transport Canada TDG Regulations, or the IAEA Regulations (IBR, see § 171.7) must conform to the requirements of this section, as applicable.
(a)
(2) Cylinders (including UN pressure receptacles) transported to, from, or within the United States must conform to the applicable requirements of this subchapter. Unless otherwise excepted in this subchapter, a cylinder must not be transported unless—
(i) The cylinder is manufactured, inspected and tested in accordance with a DOT specification or a UN standard prescribed in part 178 of this subchapter, except that cylinders not conforming to these requirements must meet the requirements in paragraphs (a)(3), (a)(4) or (a)(5) of this section;
(ii) The cylinder is equipped with a pressure relief device in accordance with § 173.301(f) of this subchapter and conforms to the applicable requirements in part 173 of this subchapter for the hazardous material involved;
(iii) The openings on an aluminum cylinder in oxygen service conform to the requirements of this paragraph, except when the cylinder is used for aircraft parts or used aboard an aircraft in accordance with the applicable airworthiness requirements and operating regulations. An aluminum DOT specification cylinder must have an opening configured with straight (parallel) threads. A UN pressure receptacle may have straight (parallel) or tapered threads provided the UN pressure receptacle is marked with the thread type, e.g. “17E, 25E, 18P, or 25P” and fitted with the properly marked valve; and
(iv) A UN pressure receptacle is marked with “USA” as a country of approval in conformance with §§ 178.69 and 178.70 of this subchapter.
(3) Importation of cylinders for discharge within a single port area: A cylinder manufactured to other than a DOT specification or UN standard in accordance with part 178 of this subchapter and certified as being in conformance with the transportation regulations of another country may be authorized, upon written request to and approval by the Associate Administrator, for transportation within a single port area, provided—
(i) The cylinder is transported in a closed freight container;
(ii) The cylinder is certified by the importer to provide a level of safety at least equivalent to that required by the regulations in this subchapter for a comparable DOT specification or UN cylinder; and
(iii) The cylinder is not refilled for export unless in compliance with paragraph (a)(4) of this section.
(4) Filling of cylinders for export or for use on board a vessel: A cylinder not manufactured, inspected, tested and marked in accordance with part 178 of this subchapter, or a cylinder manufactured to other than a UN standard, DOT specification, exemption or special permit, may be filled with a gas in the United States and offered for transportation and transported for export or alternatively, for use on board a vessel, if the following conditions are met:
(i) The cylinder has been requalified and marked with the month and year of requalification in accordance with subpart C of part 180 of this subchapter, or has been requalified as authorized by the Associate Administrator;
(ii) In addition to other requirements of this subchapter, the maximum filling density, service pressure, and pressure relief drive for each cylinder conform to the requirements of this part for the gas involved; and
(5) Cylinders not equipped with pressure relief devices: A DOT specification
(i) Each DOT specification cylinder or UN pressure receptacle must be plainly and durably marked “For Export Only”;
(ii) The shipping paper must carry the following certification: “This cylinder has (These cylinders have) been retested and refilled in accordance with the DOT requirements for export.”; and
(iii) The emergency response information provided with the shipment and available from the emergency response telephone contact person must indicate that the pressure receptacles are not fitted with pressure relief devices and provide appropriate guidance for exposure to fire.
(b)
(2)
(i) The EX number or product code must be included in association with the basic shipping description. When a product code is used, it must be traceable to the specific EX number assigned to the inflator, module or seat-belt pretensioner by the Associate Administrator. The EX number or product code is not required to be marked on the outside package.
(ii) The proper shipping name “Articles, pyrotechnic
(3)
(4)
(5)
(i) The proper shipping name must identify the hazardous substance by name, or the name of the substance must be entered in parentheses in association with the basic description and marked on the package in association with the proper shipping name. If the hazardous substance meets the definition for a hazardous waste, the waste code (for example, D001), may be used to identify the hazardous substance;
(ii) The shipping paper and the package markings must identify at least two hazardous substances with the lowest reportable quantities (RQs) when the material contains two or more hazardous substances; and
(iii) The letters “RQ” must be entered on the shipping paper either before or after the basic description, and marked on the package in association with the proper shipping name for each hazardous substance listed.
(6)
(i) The shipping paper and the package markings must include the word “Waste” immediately preceding the proper shipping name;
(ii) The shipping paper must be retained by the shipper and by each carrier for three years after the material is accepted by the initial carrier (see § 172.205(e)(5)); and
(iii) A hazardous waste manifest must be completed in accordance with § 172.205 of this subchapter.
(7)
(8)
(9) [Reserved]
(10)
(i) The words “Poison-Inhalation Hazard” or “Toxic-Inhalation Hazard” and the words “Zone A,” “Zone B,” “Zone C,” or “Zone D” for gases, or “Zone A” or “Zone B” for liquids, as appropriate, must be entered on the shipping paper immediately following the basic shipping description. The word “Poison” or “Toxic” or the phrase “Poison-Inhalation Hazard” or “Toxic-Inhalation Hazard” need not be repeated if it otherwise appears in the shipping description;
(ii) The material must be packaged in accordance with the requirements of this subchapter;
(iii) The package must be marked in accordance with § 172.313 of this subchapter; and
(iv) Except as provided in subparagraph (B) of this paragraph (b)(10)(iv) and for a package containing anhydrous ammonia prepared in accordance with the Transport Canada TDG Regulations, the package must be labeled or placarded with POISON INHALATION HAZARD or POISON GAS, as appropriate, in accordance with Subparts E and F of part 172 of this subchapter.
(A) For a package transported in accordance with the IMDG Code in a closed transport vehicle or freight container, a label or placard conforming to the IMDG Code specifications for a “Class 2.3” or “Class 6.1” label or placard may be substituted for the POISON GAS or POISON INHALATION HAZARD label or placard, as appropriate. The transport vehicle or freight container must be marked with the identification numbers for the hazardous material, regardless of the total quantity contained in the transport vehicle or freight container, in the manner specified in § 172.313(c) of this subchapter and placarded as required by subpart F of part 172 of this subchapter.
(B) For a package transported in accordance with the Transport Canada TDG Regulations in a closed transport vehicle or freight container, a label or placard conforming to the TDG Regulations specifications for a “Class 2.3” or “Class 6.1” label or placard may be substituted for the POISON GAS or POISON INHALATION HAZARD label or placard, as appropriate. The transport vehicle or freight container must be marked with the identification numbers for the hazardous material, regardless of the total quantity contained in the transport vehicle or freight container, in the manner specified in § 172.313(c) of this subchapter and placarded as required by subpart F of part 172 of this subchapter. While in transportation in the United States, the transport vehicle or freight container may also be placarded in accordance with the appropriate Transport Canada TDG Regulations in addition to being placarded with the POISON GAS or POISON INHALATION HAZARD placards.
(11)
(ii) For fissile materials and Type B, Type B(U), and Type B(M) packagings,
(iii) Type A package contents are limited in accordance with § 173.431 of this subchapter;
(iv) The country of origin for the shipment must have adopted the edition of TS-R-1 of the IAEA Regulations referenced in § 171.7;
(v) The shipment must conform to the requirements of § 173.448, when applicable;
(vi) The definition for “radioactive material” in § 173.403 of this subchapter must be applied to radioactive materials transported under the provisions of this subpart;
(vii) Except for limited quantities, the shipment must conform to the requirements of § 172.204(c)(4) of this subchapter; and
(viii) Excepted packages of radioactive material, instruments or articles, or articles containing natural uranium or thorium must conform to the requirements of §§ 173.421, 173.424, or 173.426 of this subchapter, as appropriate.
(12)
(a) A hazardous material that is offered for transportation or transported within the United States by aircraft, and by motor vehicle or rail either before or after being transported by aircraft in accordance with the ICAO Technical Instructions (IBR, see § 171.7), as authorized in paragraph (a) of § 171.22, must conform to the requirements in § 171.22, as applicable, and this section.
(b) Any person who offers for transportation or transports a hazardous material in accordance with the ICAO Technical Instructions must comply with the following additional conditions and requirements:
(1) All applicable requirements in parts 171 and 175 of this subchapter (also see 14 CFR 121.135, 121.401, 121.433a, 135.323, 135.327 and 135.333);
(2) The quantity limits prescribed in the ICAO Technical Instructions for transportation by passenger-carrying or cargo aircraft, as applicable;
(3) The conditions or requirements of a United States variation, when specified in the ICAO Technical Instructions.
(c)
(d)
(1)
(A) The battery meets the conditions specified in Special Provision 67 of the ICAO Technical Instructions;
(B) The battery, its outer packaging, and any overpack are plainly and durably marked “NONSPILLABLE” or “NONSPILLABLE BATTERY”; and
(C) The batteries or battery assemblies are offered for transportation or transported in a manner that prevents short circuiting or forced discharge, including, but not limited to, protection of exposed terminals.
(ii)
(iii)
(2) A package containing Oxygen, compressed, or any of the following oxidizing gases must be packaged as required by Parts 173 and 178 of this subchapter: carbon dioxide and oxygen mixtures, compressed; compressed gas, oxidizing, n.o.s.; liquefied gas, oxidizing, n.o.s.; nitrogen trifluoride; and nitrous oxide.
(a) A hazardous material may be offered for transportation or transported to, from or within the United States by vessel, and by motor carrier and rail in accordance with the IMDG Code (IBR, see § 171.7), as authorized in § 171.22, provided all or part of the movement is by vessel. Such shipments must conform to the requirements in § 171.22, as applicable, and this section.
(b) Any person who offers for transportation or transports a hazardous material in accordance with the IMDG Code must conform to the following additional conditions and requirements:
(1) Unless specified otherwise in this subchapter, a shipment must conform to the requirements in part 176 of this subchapter. For transportation by rail or highway prior to or subsequent to transportation by vessel, a shipment must conform to the applicable requirements of parts 174 and 177 respectively, of this subchapter, and the motor vehicle or rail car must be placarded in accordance with subpart F of part 172 of this subchapter. When a hazardous material regulated by this subchapter for transportation by highway is transported by motor vehicle on a public highway or by rail under the provisions of subpart C of part 171, the segregation requirements of Part 7, Chapter 7.2 of the IMDG Code are authorized.
(2) For transportation by vessel, the stowage and segregation requirements in Part 7 of the IMDG Code may be substituted for the stowage and segregation requirements in part 176 of this subchapter.
(3) Packages containing primary lithium batteries and cells that are transported in accordance with Special Provision 188 of the IMDG Code must be marked “PRIMARY LITHIUM BATTERIES—FORBIDDEN FOR TRANSPORT ABOARD PASSENGER AIRCRAFT” or “LITHIUM METAL BATTERIES—FORBIDDEN FOR TRANSPORT ABOARD PASSENGER AIRCRAFT.” This marking is not required on packages that contain 5 kg (11 pounds) net weight or less of primary lithium batteries and cells that are contained in or packed with equipment.
(4) Material consigned under UN3166 and UN3171 (
(c)
(1) UN portable tanks must conform to the requirements in Special Provisions TP37, TP38, TP44 and TP45 when
(2) IMO Type 5 portable tanks must conform to DOT Specification 51 or UN portable tank requirements, unless specifically authorized in this subchapter or approved by the Associate Administrator;
(3) Except as specified in this subpart, for a material poisonous (toxic) by inhalation, the T Codes specified in Column 13 of the Dangerous Goods List in the IMDG Code may be applied to the transportation of those materials in IM, IMO and DOT Specification 51 portable tanks, when these portable tanks are authorized in accordance with the requirements of this subchapter; and
(4) No person may offer an IM or UN portable tank containing liquid hazardous materials of Class 3, PG I or II, or PG III with a flash point less than 100 °F (38 °C); Division 5.1, PG I or II; or Division 6.1, PG I or II, for unloading while it remains on a transport vehicle with the motive power unit attached, unless it conforms to the requirements in § 177.834(o) of this subchapter.
(d)
(2) The requirement in § 172.201(d) of this subchapter for an emergency telephone number does not apply to shipments made in accordance with the IMDG Code if the hazardous material is not offloaded from the vessel, or is offloaded between ocean vessels at a U.S. port facility without being transported by public highway.
A Class 7 (radioactive) material being imported into or exported from the United States or passing through the United States in the course of being shipped between places outside the United States may be offered for transportation or transported in accordance with the IAEA Regulations (IBR, see § 171.7) as authorized in paragraph (a) of § 171.22, provided the requirements in § 171.22, as applicable, are met.
49 U.S.C. 5101-5128, 44701; 49 CFR 1.53.
This part lists and classifies those materials which the Department has designated as hazardous materials for purposes of transportation and prescribes the requirements for shipping papers, package marking, labeling, and transport vehicle placarding applicable to the shipment and transportation of those hazardous materials.
(a) This part applies to—
(1) Each person who offers a hazardous material for transportation, and
(2) Each carrier by air, highway, rail, or water who transports a hazardous material.
(b) When a person, other than one of those provided for in paragraph (a) of this section, performs a packaging labeling or marking function required by this part, that person shall perform the function in accordance with this part.
(a) The Hazardous Materials Table (Table) in this section designates the materials listed therein as hazardous materials for the purpose of transportation of those materials. For each listed material, the Table identifies the hazard class or specifies that the material is forbidden in transportation, and gives the proper shipping name or directs the user to the preferred proper shipping name. In addition, the Table specifies or references requirements in this subchapter pertaining to labeling, packaging, quantity limits aboard aircraft and stowage of hazardous materials aboard vessels.
(b)
(1) The plus (+) sign fixes the proper shipping name, hazard class and packing group for that entry without regard to whether the material meets the definition of that class, packing group or any other hazard class definition. When the plus sign is assigned to a proper shipping name in Column (1) of the § 172.101 Table, it means that the material is known to pose a risk to humans. When a plus sign is assigned to mixtures or solutions containing a material where the hazard to humans is significantly different from that of the pure material or where no hazard to humans is posed, the material may be described using an alternative shipping name that represents the hazards posed by the material. An appropriate alternate proper shipping name and hazard class may be authorized by the Associate Administrator.
(2) The letter “A” denotes a material that is subject to the requirements of this subchapter only when offered or intended for transportation by aircraft, unless the material is a hazardous substance or a hazardous waste. A shipping description entry preceded by an
(3) The letter “D” identifies proper shipping names which are appropriate for describing materials for domestic transportation but may be inappropriate for international transportation under the provisions of international regulations (e.g., IMO, ICAO). An alternate proper shipping name may be selected when either domestic or international transportation is involved.
(4) The letter “G” identifies proper shipping names for which one or more technical names of the hazardous material must be entered in parentheses, in association with the basic description. (See § 172.203(k).)
(5) The letter “I” identifies proper shipping names which are appropriate for describing materials in international transportation. An alternate proper shipping name may be selected when only domestic transportation is involved.
(6) The letter “W” denotes a material that is subject to the requirements of this subchapter only when offered or intended for transportation by vessel, unless the material is a hazardous substance or a hazardous waste. A shipping description entry preceded by a “W” may be used to describe a material for other modes of transportation provided all applicable requirements for the entry are met.
(c)
(1) Proper shipping names may be used in the singular or plural and in either capital or lower case letters. Words may be alternatively spelled in the same manner as they appear in the ICAO Technical Instructions or the IMDG Code. For example “aluminum” may be spelled “aluminium” and “sulfur” may be spelled “sulphur”. However, the word “inflammable” may not be used in place of the word “flammable”.
(2) Punctuation marks and words in italics are not part of the proper shipping name, but may be used in addition to the proper shipping name. The word “or” in italics indicates that there is a choice of terms in the sequence that may alternately be used as the proper shipping name or as part of the proper shipping name, as appropriate. For example, for the hazardous materials description “Carbon dioxide, solid or Dry ice” either “Carbon dioxide, solid” or “Dry ice” may be used as the proper shipping name; and for the hazardous materials description “Articles, pressurized pneumatic or hydraulic,” either “Articles, pressurized pneumatic” or “Articles, pressurized hydraulic” may be used as the proper shipping name.
(3) The word “poison” or “poisonous” may be used interchangeably with the word “toxic” when only domestic transportation is involved. The abbreviation “n.o.i.” or “n.o.i.b.n.” may be used interchangeably with “n.o.s.”.
(4) Except for hazardous wastes, when qualifying words are used as part of the proper shipping name, their sequence in the package markings and shipping paper description is optional. However, the entry in the Table reflects the preferred sequence.
(5) When one entry references another entry by use of the word “see”, if both names are in Roman type, either name may be used as the proper shipping name (e.g., Ethyl alcohol,
(6) When a proper shipping name includes a concentration range as part of the shipping description, the actual concentration, if it is within the range stated, may be used in place of the concentration range. For example, an aqueous solution of hydrogen peroxide containing 30 percent peroxide may be described as “Hydrogen peroxide, aqueous solution
(7) Use of the prefix “mono” is optional in any shipping name, when appropriate. Thus, Iodine monochloride
(8) Use of the word “liquid” or “solid”. The word “liquid” or “solid” may be added to a proper shipping name when a hazardous material specifically listed by name may, due to differing physical states, be a liquid or solid. When the packaging specified in Column 8 is inappropriate for the physical state of the material, the table provided in paragraph (i)(4) of this section should be used to determine the appropriate packaging section.
(9)
(10)
(A) Except as provided in § 172.101(i)(4) the packaging specified in Column 8 is inappropriate to the physical state of the material;
(B) The shipping description indicates that the proper shipping name applies only to the pure or technically pure hazardous material;
(C) The hazard class, packing group, or subsidiary hazard of the mixture or solution is different from that specified for the entry;
(D) There is a significant change in the measures to be taken in emergencies;
(E) The material is identified by special provision in Column 7 of the § 172.101 Table as a material poisonous by inhalation; however, it no longer meets the definition of poisonous by inhalation or it falls within a different hazard zone than that specified in the special provision; or
(F) The material can be appropriately described by a shipping name that describes its intended application, such as “Coating solution”, “Extracts, flavoring” or “Compound, cleaning liquid.”.
(ii) If one or more of the conditions specified in paragraph (c)(10)(i) of this section is satisfied, then a proper shipping name shall be selected as prescribed in paragraph (c)(12)(ii) of this section.
(iii) A mixture or solution not identified in the Table specifically by name, comprised of two or more hazardous materials in the same hazard class, shall be described using an appropriate shipping description (e.g., “Flammable liquid, n.o.s.”). The name that most appropriately describes the material shall be used; e.g., an alcohol not listed by its technical name in the Table shall be described as “Alcohol, n.o.s.” rather than “Flammable liquid, n.o.s.”. Some mixtures may be more appropriately described according to their application, such as “Coating solution” or “Extracts, flavoring liquid” rather than by an n.o.s. entry. Under the provisions of subparts C and D of this part, the technical names of at least two components most predominately contributing to the hazards of the mixture or solution may be required in association with the proper shipping name.
(11) Except for a material subject to or prohibited by § 173.21, 173.54, 173.56(d), 173.56(e), 173.224(c) or 173.225(b) of this subchapter, a material that is considered to be a hazardous waste or a sample of a material for which the hazard class is uncertain and must be determined by testing may be assigned a tentative proper shipping name, hazard class, identification number and packing group, if applicable, based on the shipper's tentative determination according to:
(i) Defining criteria in this subchapter;
(ii) The hazard precedence prescribed in § 173.2a of this subchapter;
(iii) The shipper's knowledge of the material;
(iv) In addition to paragraphs (c)(11)(i) through (iii) of this section,
(A) Except when the word “Sample” already appears in the proper shipping name, the word “Sample” must appear as part of the proper shipping name or in association with the basic description on the shipping paper.
(B) When the proper shipping description for a sample is assigned a “G” in Column (1) of the § 172.101 Table, and the primary constituent(s) for which the tentative classification is based are not known, the provisions requiring a technical name for the constituent(s) do not apply; and
(C) A sample must be transported in a combination packaging that conforms to the requirements of this subchapter that are applicable to the tentative packing group assigned, and may not exceed a net mass of 2.5 kg (5.5 pounds) per package.
For the transportation of samples of self-reactive materials, organic peroxides, explosives or lighters,
(12) Except when the proper shipping name in the Table is preceded by a plus (+)—
(i) If it is specifically determined that a material meets the definition of a hazard class, packing group or hazard zone, other than the class, packing group or hazard zone shown in association with the proper shipping name, or does not meet the defining criteria for a subsidiary hazard shown in Column 6 of the Table, the material shall be described by an appropriate proper shipping name listed in association with the correct hazard class, packing group, hazard zone, or subsidiary hazard for the material.
(ii)
(iii)
(iv) If it is specifically determined that a material is not a forbidden material and does not meet the definition of any hazard class, the material is not a hazardous material.
(13)
(14) A proper shipping name that describes all isomers of a material may be used to identify any isomer of that material if the isomer meets criteria for the same hazard class or division, subsidiary risk(s) and packing group, unless the isomer is specifically identified in the Table.
(15) Unless a hydrate is specifically listed in the Table, a proper shipping name for the equivalent anhydrous substance may be used, if the hydrate meets the same hazard class or division, subsidiary risk(s) and packing group.
(16) Unless it is already included in the proper shipping name in the § 172.101 Table, the qualifying words “liquid” or “solid” may be added in association with the proper shipping name when a hazardous material specifically listed by name in the § 172.101 Table may, due to the differing physical states of the various isomers of the material, be either a liquid or a solid (for example “Dinitrotoluenes, liquid” and “Dinitrotoluenes, solid”). Use of the words “liquid” or “solid” is subject to the limitations specified for the use of the words “mixture” or “solution” in paragraph (c)(10) of this section. The qualifying word “molten” may be added in association with the proper shipping name when a hazardous material, which is a solid in accordance with the definition in § 171.8 of this subchapter, is offered for transportation in the molten state (for example, “Alkylphenols, solid, n.o.s., molten”).
(d)
(1) A material for which the entry in this column is “Forbidden” may not be offered for transportation or transported. This prohibition does not apply if the material is diluted, stabilized or incorporated in a device and it is classed in accordance with the definitions of hazardous materials contained in part 173 of this subchapter.
(2) When a reevaluation of test data or new data indicates a need to modify the “Forbidden” designation or the hazard class or packing group specified for a material specifically identified in the Table, this data should be submitted to the Associate Administrator.
(3) A basic description of each hazard class and the section reference for class definitions appear in § 173.2 of this subchapter.
(4) Each reference to a Class 3 material is modified to read “Combustible liquid” when that material is reclassified in accordance with § 173.150(e) or (f) of this subchapter or has a flash point above 60 °C (140 °F) but below 93 °C (200 °F).
(e)
(f)
(g)
(h)
(i)
(1) Exceptions. Column 8A contains exceptions from some of the requirements of this subchapter. The referenced exceptions are in addition to those specified in subpart A of part 173 and elsewhere in this subchapter. A “None” in this column means no packaging exceptions are authorized, except as may be provided by special provisions in Column 7.
(2) Non-bulk packaging. Column 8B references the section in part 173 of this subchapter which prescribes packaging requirements for non-bulk packagings. A “None” in this column means non-bulk packagings are not authorized, except as may be provided by special provisions in Column 7. Each reference in this column to a material which is a hazardous waste or a hazardous substance, and whose proper shipping name is preceded in Column 1 of the Table by the letter “A” or “W”, is modified to include “§ 173.203” or “§ 173.213”, as appropriate for liquids and solids, respectively, on those occasions when the material is offered for transportation or transported by a mode in which its transportation is not otherwise subject to the requirements of this subchapter.
(3)
(4) For a hazardous material which is specifically named in the Table and whose packaging sections specify packagings not applicable to the form of the material (e.g., packaging specified is for solid material and the material is being offered for transportation in a liquid form) the following table should be used to determine the appropriate packaging section:
(5)
(j)
(1) “Forbidden” means the material may not be offered for transportation or transported in the applicable mode of transport.
(2) The quantity limitation is “net” except where otherwise specified, such as for “Consumer commodity” which specifies “30 kg gross.”
(3) When articles or devices are specifically listed by name, the net quantity limitation applies to the entire article or device (less packaging and packaging materials) rather than only to its hazardous components.
(4) A package offered or intended for transportation by aircraft and which is filled with a material forbidden on passenger-carrying aircraft but permitted on cargo aircraft only, or which exceeds the maximum net quantity authorized on passenger-carrying aircraft, shall be labelled with the CARGO AIRCRAFT ONLY label specified in § 172.448 of this part.
(5) The total net quantity of hazardous material for an outer non-bulk packaging that contains more than one hazardous material may not exceed the lowest permitted maximum net quantity per package as shown in Column 9A or 9B, as appropriate. If one material is a liquid and one is a solid, the maximum net quantity must be calculated in kilograms.
(k)
(1) Stowage category “A” means the material may be stowed “on deck” or “under deck” on a cargo vessel and on a passenger vessel.
(2) Stowage category “B” means—
(i) The material may be stowed “on deck” or “under deck” on a cargo vessel and on a passenger vessel carrying a number of passengers limited to not more than the larger of 25 passengers, or one passenger per each 3 m of overall vessel length; and
(ii) “On deck only” on passenger vessels in which the number of passengers specified in paragraph (k)(2)(i) of this section is exceeded.
(3) Stowage category “C” means the material must be stowed “on deck
(4) Stowage category “D” means the material must be stowed “on deck only” on a cargo vessel and on a passenger vessel carrying a number of passengers limited to not more than the larger of 25 passengers or one passenger per each 3 m of overall vessel length, but the material is prohibited on passenger vessels in which the limiting number of passengers is exceeded.
(5) Stowage category “E” means the material may be stowed “on deck” or “under deck” on a cargo vessel and on a passenger vessel carrying a number of passengers limited to not more than the larger of 25 passengers, or one passenger per each 3 m of overall vessel length, but is prohibited from carriage on passenger vessels in which the limiting number of passengers is exceeded.
(6) Stowage category “01” means the material may be stowed “on deck” or “under deck” on a cargo vessel (up to 12 passengers) and on a passenger vessel.
(7) Stowage category “02” means the material may be stowed “on deck” or “under deck” on a cargo vessel (up to 12 passengers) and “on deck” in closed cargo transport units or “under deck” in closed cargo transport units on a passenger vessel.
(8) Stowage category “03” means the material may be stowed “on deck” or “under deck” on a cargo vessel (up to 12 passengers) and “on deck” in closed cargo transport units on a passenger vessel.
(9) Stowage category “04” means the material may be stowed “on deck” or “under deck” on a cargo vessel (up to 12 passengers) but the material is prohibited on a passenger vessel.
(10) Stowage category “05” means the material may be stowed “on deck” in closed cargo transport units or “under deck” on a cargo vessel (up to 12 passengers) and on a passenger vessel.
(11) Stowage category “06” means the material may be stowed “on deck” in closed cargo transport units or “under deck” on a cargo vessel (up to 12 passengers) and “on deck” in closed cargo transport units or “under deck” in closed cargo transport units on a passenger vessel.
(12) Stowage category “07” means the material may be stowed “on deck” in closed cargo transport units or “under deck” on a cargo vessel (up to 12 passengers) and “on deck” only in closed cargo transport units on a passenger vessel.
(13) Stowage category “08” means the material may be stowed “on deck” in closed cargo transport units or “under deck” on a cargo vessel (up to 12 passengers) but the material is prohibited on a passenger vessel.
(14) Stowage category “09” means the material may be stowed “on deck only” in closed cargo transport units or “under deck” in closed cargo transport units on a cargo vessel (up to 12 passengers) and on a passenger vessel.
(15) Stowage category “10” means the material may be stowed “on deck” in closed cargo transport units or “under deck” in closed cargo transport units on a cargo vessel (up to 12 passengers) and “on deck” only in closed cargo transport units on a passenger vessel.
(16) Stowage category “11” means the material may be stowed “on deck” in closed cargo transport units or “under deck” in magazine stowage type “c” on a cargo vessel (up to 12 passengers) and “on deck” only in closed cargo transport units on a passenger vessel.
(17) Stowage category “12” means the material may be stowed “on deck” in closed cargo transport units or “under deck” in magazine stowage type “c” on a cargo vessel (up to 12 passengers) but the material is prohibited on a passenger vessel.
(18) Stowage category “13” means the material may be stowed “on deck” in closed cargo transport units or “under deck” in magazine stowage type “A” on a cargo vessel (up to 12 passengers) and “on deck” only in closed cargo transport units on a passenger vessel.
(19) Stowage category “14” means the material may be stowed “on deck” in closed cargo transport units on a cargo vessel (up to 12 passengers) but the material is prohibited on a passenger vessel.
(20) Stowage category “15” means the material may be stowed “on deck” in closed cargo transport units or “under deck” in closed cargo transport units on a cargo vessel (up to 12 passengers)
(l)
(i) Such a change does not apply to the shipment of any package filled prior to the effective date of the amendment; and
(ii) Stocks of preprinted shipping papers and package markings may be continued in use, in the manner previously authorized, until depleted or for a one-year period, subsequent to the effective date of the amendment, whichever is less.
(2) Except as otherwise provided in this section, any alteration of a shipping description or associated entry which is listed in the § 172.101 Table must receive prior written approval from the Associate Administrator.
(3) The proper shipping name of a hazardous material changed in the May 6, 1997 final rule, in effect on October 1, 1997, only by the addition or omission of the word “compressed,” “inhibited,” “liquefied” or “solution” may continue to be used to comply with package marking requirements, until January 1, 2003.
1. This appendix lists materials and their corresponding reportable quantities (RQ's) that are listed or designated as “hazardous substances” under section 101(14) of the Comprehensive Environmental Response, Compensation, and Liability Act, 42 U.S.C. 9601(14) (CERCLA; 42 U.S.C. 9601
2. This appendix is divided into two TABLES which are entitled “TABLE 1—HAZARDOUS SUBSTANCES OTHER THAN RADIONUCLIDES” and “TABLE 2—RADIONUCLIDES.” A material listed in this appendix is regulated as a hazardous material and a hazardous substance under this subchapter if it meets the definition of a hazardous substance in § 171.8 of this subchapter.
3. The procedure for selecting a proper shipping name for a hazardous substance is set forth in § 172.101(c).
4. Column 1 of TABLE 1, entitled
5. A series of notes is used throughout TABLE 1 and TABLE 2 to provide additional information concerning certain hazardous substances. These notes are explained at the end of each TABLE.
6. TABLE 2 lists radionuclides that are hazardous substances and their corresponding RQ's. The RQ's in table 2 for radionuclides are expressed in units of curies and terabecquerels, whereas those in table 1 are expressed in units of pounds and kilograms. If a material is listed in both table 1 and table 2, the lower RQ shall apply. Radionuclides are listed in alphabetical order. The RQ's for radionuclides are given in the radiological unit of measure of curie, abbreviated “Ci”, followed, in parentheses, by an equivalent unit measured in terabecquerels, abbreviated “TBq”.
7. For mixtures of radionuclides, the following requirements shall be used in determining if a package contains an RQ of a hazardous substance: (i) if the identity and quantity (in curies or terabecquerels) of each radionuclide in a mixture or solution is known, the ratio between the quantity per package (in curies or terabecquerels) and the RQ for the radionuclide must be determined for each radionuclide. A package contains an RQ of a hazardous substance when the sum of the ratios for the radionuclides in the mixture or solution is equal to or greater than one; (ii) if the identity of each radionuclide in a mixture or solution is known but the quantity per package (in curies or terabecquerels) of one or more of the radionuclides is unknown, an RQ of a hazardous substance is present in a package when the total quantity (in curies or terabecquerels) of the mixture or solution is equal to or greater than the lowest RQ of any individual radionuclide in the mixture or solution; and (iii) if the identity of one or more radionuclides in a mixture or solution is unknown (or if the identity of a radionuclide by itself is unknown), an RQ of a hazardous substance is present when the total quantity (in curies or terabecquerels) in a package is equal to or greater than either one curie or the lowest RQ of any known individual radionuclide in the mixture or solution, whichever is lower.
1. See § 171.4 of this subchapter for applicability to marine pollutants. This appendix lists potential marine pollutants as defined in § 171.8 of this subchapter.
2. Marine pollutants listed in this appendix are not necessarily listed by name in the § 172.101 Table. If a marine pollutant not listed by name or by synonym in the § 172.101 Table meets the definition of any hazard Class 1 through 8, then you must determine the class and division of the material in accordance with § 173.2a of this subchapter. You must also select the most appropriate hazardous material description and proper shipping name. If a marine pollutant not listed by name or by synonym in the § 172.101 Table does not meet the definition of any Class 1 through 8, then you must offer it for transportation under the most appropriate of the following two Class 9 entries: “Environmentally hazardous substances, liquid, n.o.s.,” UN3082, or “Environmentally hazardous substances, solid, n.o.s.” UN3077.
3. This appendix contains two columns. The first column, entitled “S.M.P.” (for severe marine pollutants), identifies whether a material is a severe marine pollutant. If the letters “PP” appear in this column for a material, the material is a severe marine pollutant, otherwise it is not. The second column, entitled “Marine Pollutant” , lists the marine pollutants.
4. If a material is not listed in this appendix and meets the criteria for a marine pollutant as provided in Chapter 2.9 of the IMDG Code, (incorporated by reference; see § 171.7 of this subchapter), the material may be transported as a marine pollutant in accordance with the applicable requirements of this subchapter.
5. If a material or a solution meeting the definition of a marine pollutant in § 171.8 of this subchapter does not meet the criteria for a marine pollutant as provided in section 2.9.3.3 and 2.9.3.4 of the IMDG Code, (incorporated by reference; see § 171.7 of this subchapter), it may be excepted from the requirements of this subchapter as a marine pollutant if that exception is approved by the Associate Administrator.
For
(a)
(1) The special provision is in addition to the standard requirements for all packagings prescribed in § 173.24 of this subchapter and any other applicable packaging requirements in subparts A and B of part 173 of this subchapter; and
(2) To the extent a special provision imposes limitations or additional requirements on the packaging provisions set forth in column 8 of the § 172.101 table, packagings must conform to the requirements of the special provision.
(b)
(1) A code consisting only of numbers (for example, “11”) is multi-modal in application and may apply to bulk and non-bulk packagings.
(2) A code containing the letter “A” refers to a special provision which applies only to transportation by aircraft.
(3) A code containing the letter “B” refers to a special provision that applies only to bulk packaging requirements. Unless otherwise provided in this subchapter, these special provisions do not apply to UN, IM Specification portable tanks or IBCs.
(4) A code containing the letters “IB” or “IP” refers to a special provision that applies only to transportation in IBCs.
(5) A code containing the letter “N” refers to a special provision which applies only to non-bulk packaging requirements.
(6) A code containing the letter “R” refers to a special provision which applies only to transportation by rail.
(7) A code containing the letter “T” refers to a special provision which applies only to transportation in UN or IM Specification portable tanks.
(8) A code containing the letters “TP” refers to a portable tank special provision for UN or IM Specification portable tanks that is in addition to those provided by the portable tank instructions or the requirements in part 178 of this subchapter.
(9) A code containing the letter “W” refers to a special provision that applies only to transportation by water.
(c)
(1)
15This entry applies to “Chemical kits” and “First aid kits” containing one or more compatible items of hazardous materials in boxes, cases,
29For transportation by motor vehicle, rail car or vessel, production runs (exceptions for prototypes can be found in § 173.185(e)) of not more than 100 lithium cells or batteries are excepted from the testing requirements of § 173.185(a)(1) if—
a. For a lithium metal cell or battery, the lithium content is not more than 1.0 g per cell and the aggregate lithium content is not more than 2.0 g per battery, and, for a lithium-ion cell or battery, the equivalent lithium content is not more than 1.5 g per cell and the aggregate equivalent lithium content is not more than 8 g per battery;
b. The cells and batteries are transported in an outer packaging that is a metal, plastic or plywood drum or metal, plastic or wooden box that meets the criteria for Packing Group I packagings; and
c. Each cell and battery is individually packed in an inner packaging inside an outer packaging and is surrounded by cushioning material that is non-combustible, and non-conductive.
(a)
(b)
(1) A dangerous evolution of heat;
(2) Short circuits, including but not limited to the following methods:
(i) Packaging each battery or each battery-powered device when practicable, in fully enclosed inner packagings made of non-conductive material;
(ii) Separating or packaging batteries in a manner to prevent contact with other batteries, devices or conductive materials (
(iii) Ensuring exposed terminals or connectors are protected with non-conductive caps, non-conductive tape, or by other appropriate means; and
(3) Damage to terminals. If not impact resistant, the outer packaging should not be used as the sole means of protecting the battery terminals from damage or short circuiting. Batteries must be securely cushioned and packed to prevent shifting which could loosen terminal caps or reorient the terminals to produce short circuits. Batteries contained in devices must be securely installed. Terminal protection methods include but are not limited to the following:
(i) Securely attaching covers of sufficient strength to protect the terminals;
(ii) Packaging the battery in a rigid plastic packaging; or
(iii) Constructing the battery with terminals that are recessed or otherwise protected so that the terminals will not be subjected to damage if the package is dropped.
(c)
(1) When contained in a device, the device must be packaged in a manner that prevents unintentional activation or must have an independent means of preventing unintentional activation (
(2) An indication of compliance with this special provision must be provided by marking each package with the words “not restricted” or by including the words “not restricted” on a transport document such as an air waybill accompanying the shipment.
(d)
a. Not less than 90% ammonium nitrate with not more than 0.2% total combustible, organic material calculated as carbon, and with added matter, if any, that is inorganic and inert when in contact with ammonium nitrate; or
b. Less than 90% but more than 70% ammonium nitrate with other inorganic materials, or more than 80% but less than 90% ammonium nitrate mixed with calcium carbonate and/or dolomite and/or mineral calcium sulphate, and not more than 0.4% total combustible, organic material calculated as carbon; or
c. Ammonium nitrate-based fertilizers containing mixtures of ammonium nitrate and ammonium sulphate with more than 45% but less than 70% ammonium nitrate, and not more than 0.4% total combustible, organic material calculated as carbon such that the sum of the percentage of compositions of ammonium nitrate and ammonium sulphate exceeds 70%.
For non-pressurized lighters containing a Class 3 (flammable liquid) material, its design, description, and packaging must be approved by the Associate Administrator prior to being offered for transportation or transported in commerce. In addition, a lighter design intended to contain a non-pressurized Class 3 material is excepted from the examination and testing criteria specified in § 173.308(b)(3). An unused lighter or a lighter
a. Except for transportation by aircraft, in palletized loads, a pallet box or unit load device (
b. Except for transportation by aircraft, as an inner packaging of a combination packaging with a maximum net mass of 40 kg (88 pounds). For transportation by aircraft, as an inner packaging of a combination packaging with a maximum gross mass of 30 kg when packaged as a limited quantity in accordance with § 173.27(f).
176. This entry must be used for formaldehyde solutions containing methanol as a stabilizer. Formaldehyde solutions not containing methanol and not meeting the Class 3 flammable liquid criteria must be described using a different proper shipping name.
a.
(1) Primary lithium batteries and cells are forbidden for transport aboard passenger-carrying aircraft. The outside of each package that contains primary (nonrechargeable) lithium batteries or cells must be marked “PRIMARY LITHIUM BATTERIES—FORBIDDEN FOR TRANSPORT ABOARD PASSENGER AIRCRAFT” or “LITHIUM METAL BATTERIES—FORBIDDEN FOR TRANSPORT ABOARD PASSENGER AIRCRAFT” on a background of contrasting color. The letters in the marking must be:
(i) At least 12 mm (0.5 inch) in height on packages having a gross weight of more than 30 kg (66 pounds); or
(ii) At least 6 mm (0.25 inch) on packages having a gross weight of 30 kg (66 pounds) or less, except that smaller font may be used as necessary to fit package dimensions; and
(2) The provisions of paragraph (a)(1) do not apply to packages that contain 5 kg (11 pounds) net weight or less of primary lithium batteries or cells that are contained in or packed with equipment and the package contains no more than the number of lithium batteries or cells necessary to power the piece of equipment;
b. For a lithium metal or lithium alloy cell, the lithium content is not more than 1.0 g. For a lithium-ion cell, the equivalent lithium content is not more than 1.5 g;
c. For a lithium metal or lithium alloy battery, the aggregate lithium content is not more than 2.0 g. For a lithium-ion battery, the aggregate equivalent lithium content is not more than 8 g;
d. Effective October 1, 2009, the cell or battery must be of a type proven to meet the requirements of each test in the UN Manual of Tests and Criteria (IBR; see § 171.7 of this subchapter);
e. Cells or batteries are separated or packaged in a manner to prevent short circuits and are packed in a strong outer packaging or are contained in equipment;
f. Effective October 1, 2008, except when contained in equipment, each package containing more than 24 lithium cells or 12 lithium batteries must be:
(1) Marked to indicate that it contains lithium batteries, and special procedures should be followed if the package is damaged;
(2) Accompanied by a document indicating that the package contains lithium batteries and special procedures should be followed if the package is damaged;
(3) Capable of withstanding a 1.2 meter drop test in any orientation without damage to cells or batteries contained in the package, without shifting of the contents that would allow short circuiting and without release of package contents; and
(4) Gross weight of the package may not exceed 30 kg (66 pounds). This requirement does not apply to lithium cells or batteries packed with equipment;
g. Electrical devices must conform to § 173.21;
h. For transportation by aircraft, a telephone report in accordance with § 171.15(a) is required if a fire, violent rupture, explosion or dangerous evolution of heat (
i. Lithium batteries or cells are not authorized aboard an aircraft in checked or carry-on luggage except as provided in § 175.10.
a. The lithium content anode of each cell, when fully charged, is not more than 5 grams.
b. The aggregate lithium content of the anode of each battery, when fully charged, is not more than 25 grams.
c. The cells or batteries are of a type proven to meet the requirements of each test in the UN Manual of Tests and Criteria (IBR; see § 171.7 of this subchapter). A cell or battery and equipment containing a cell or battery that was first transported prior to January 1, 2006 and is of a type proven to meet the criteria of Class 9 by testing in accordance with the tests in the UN Manual of Tests and Criteria, Third revised edition, 1999, need not be retested.
d. Cells or batteries are separated or packaged in a manner to prevent short circuits and are packed in a strong outer packaging or are contained in equipment.
e. The outside of each package must be marked “LITHIUM BATTERIES—FORBIDDEN FOR TRANSPORT ABOARD AIRCRAFT AND VESSEL” on a background of contrasting color, in letters:
(1) At least 12 mm (0.5 inch) in height on packages having a gross weight of more than 30 kg (66 pounds); or
(2) At least 6 mm (0.25 inch) on packages having a gross weight of 30 kg (66 pounds) or less, except that smaller font may be used as necessary to fit package dimensions.
f. Except when contained in equipment, each package containing more than 24 lithium cells or 12 lithium batteries must be:
(1) Marked to indicate that it contains lithium batteries, and special procedures should be followed if the package is damaged;
(2) Accompanied by a document indicating that the package contains lithium batteries and special procedures should be followed if the package is damaged;
(3) Capable of withstanding a 1.2 meter drop test in any orientation without damage to cells or batteries contained in the package, without shifting of the contents that would allow short circuiting and without release of package contents; and
(4) Gross weight of the package may not exceed 30 kg (66 pounds). This requirement does not apply to lithium cells or batteries packed with equipment.
g. Electrical devices must conform to § 173.21 of this subchapter; and
h. A written report submitted, retained, and updated in accordance with § 171.16 is required if a fire, violent rupture, explosion or dangerous evolution of heat (
a.
(i) At least 12 mm (0.5 inch) in height on packages having a gross weight of more than 30 kg (66 pounds); or
(ii) At least 6 mm (0.25 inch) on packages having a gross weight of 30 kg (66 pounds) or less, except that smaller font may be used as necessary to fit package dimensions; and
(2) The provisions of paragraph (a)(1) do not apply to packages that contain 5 kg (11 pounds) net weight or less of primary lithium batteries or cells that are contained in or packed with equipment and the package contains no more than the number of lithium batteries or cells necessary to power the piece of equipment.
b. The lithium content of each cell, when fully charged, is not more than 5 grams.
c. The aggregate lithium content of each battery, when fully charged, is not more than 25 grams.
d. The cells or batteries are of a type proven to meet the requirements of each test in the UN Manual of Tests and Criteria (IBR; see § 171.7 of this subchapter). A cell or battery and equipment containing a cell or battery that was first transported prior to January 1, 2006 and is of a type proven to meet the criteria of Class 9 by testing in accordance with the tests in the UN Manual of Tests and Criteria, Third Revised Edition, 1999, need not be retested.
e. Cells or batteries are separated so as to prevent short circuits and are packed in a strong outer packaging or are contained in equipment.
f. Electrical devices must conform to § 173.21 of this subchapter.
342Glass inner packagings (such as ampoules or capsules) intended only for use in sterilization devices, when containing less than 30 mL of ethylene oxide per inner packaging with not more than 300 mL per outer packaging, may be transported in accordance with § 173.4a of this subchapter, irrespective of the restriction of § 173.4a(b) provided that:
a. After filling, each glass inner packaging must be determined to be leak-tight by placing the glass inner packaging in a hot water bath at a temperature and for a period of time sufficient to ensure that an internal pressure equal to the vapor pressure of ethylene oxide at 55 °C is achieved. Any glass inner packaging showing evidence of leakage, distortion or other defect under this test must not be transported under the terms of this special provision;
b. In addition to the packaging required in § 173.4a, each glass inner packaging must be placed in a sealed plastic bag compatible
c. Each glass inner packaging is protected by a means of preventing puncture of the plastic bag (
(2)
(1) The lithium content of each cell, when fully charged, is not more than 5 grams.
(2) The aggregate lithium content of the anode of each battery, when fully charged, is not more than 25 grams.
(3) The net weight of lithium batteries does not exceed 5 kg (11 pounds).
A105The total net quantity of dangerous goods contained in one package, excluding magnetic material, must not exceed the following:
a. 1 kg (2.2 pounds) in the case of solids;
b. 0.5 L (0.1 gallons) in the case of liquids;
c. 0.5 kg (1.1 pounds) in the case of Division 2.2 gases; or
d. any combination thereof.
A112Notwithstanding the quantity limits shown in Column (9A) and (9B) for this entry, the following IBCs are authorized for transportation aboard passenger and cargo-only aircraft. Each IBC may not exceed a maximum net quantity of 1,000 kg:
a. Metal: 11A, 11B, 11N, 21A, 21B and 21N
b. Rigid plastics: 11H1, 11H2, 21H1 and 21H2
c. Composite with plastic inner receptacle: 11HZ1, 11HZ2, 21HZ1 and 21HZ2
d. Fiberboard: 11G
e. Wooden: 11C, 11D and 11F (with inner liners)
f. Flexible: 13H2, 13H3, 13H4, 13H5, 13L2, 13L3, 13L4, 13M1 and 13M2 (flexible IBCs must be sift-proof and water resistant or must be fitted with a sift-proof and water resistant liner).
(3)
B69Dry sodium cyanide or potassium cyanide may be shipped in the following sift-proof and weather-resistant packagings: metal covered hopper cars, covered motor vehicles, portable tanks, or non-specification bins.
(4)
(5)
(6)
(7)
(ii) The following table specifies the portable tank requirements applicable to “T” Codes T1 through T22. Column 1 specifies the “T” Code. Column 2 specifies the minimum test pressure, in bar (1 bar = 14.5 psig), at which the periodic hydrostatic testing required by § 180.605 of this subchapter must be conducted. Column 3 specifies the section reference for minimum shell thickness or, alternatively, the minimum shell thickness value. Column 4 specifies the applicability of § 178.275(g)(3) of this subchapter for the pressure relief devices. When the word “Normal” is indicated, § 178.275(g)(3) of this subchapter does not apply. Column 5 references applicable requirements for bottom openings in part 178 of this subchapter. “Prohibited” means bottom openings are prohibited, and “Prohibited for liquids” means bottom openings are authorized for solid material only. The table follows:
(iii)
(iv)
(v)
(A) The alternative portable tank has a higher or equivalent test pressure (for example, 4 bar when 2.65 bar is specified);
(B) The alternative portable tank has greater or equivalent wall thickness (for example, 10 mm when 6 mm is specified);
(C) The alternative portable tank has a pressure relief device as specified in the “T” Code. If a frangible disc is required in series with the reclosing pressure relief device for the specified portable tank, the alternative portable tank must be fitted with a frangible disc in series with the reclosing pressure relief device; and
(D) With regard to bottom openings—
(
(
(
(vi) Except when an organic peroxide is authorized under § 173.225(g), if a hazardous material is not assigned a portable tank “T” Code, the hazardous material may not be transported in a
(8)
(ii) The following is a list of the portable tank special provisions:
TP1The maximum degree of filling must not exceed the degree of filling determined by the following:
TP2a. The maximum degree of filling must not exceed the degree of filling determined by the following:
b. For liquids transported under ambient conditions α may be calculated using the formula:
TP3The maximum degree of filling (in %) for solids transported above their melting points and for elevated temperature liquids shall be determined by the following:
TP4The maximum degree of filling for portable tanks must not exceed 90%.
TP5For a portable tank used for the transport of flammable refrigerated liquefied gases or refrigerated liquefied oxygen, the maximum rate at which the portable tank may be filled must not exceed the liquid flow capacity of the primary pressure relief system rated at a pressure not exceeding 120 percent of the portable tank's design pressure. For portable tanks used for the transport of refrigerated liquefied helium and refrigerated liquefied atmospheric gas (except oxygen), the maximum rate at which the tank is filled must not exceed the liquid flow capacity of the pressure relief device rated at 130 percent of the portable tank's design pressure. Except for a portable tank containing refrigerated liquefied helium, a portable tank shall have an outage of at least two percent below the inlet of the pressure relief device or pressure control valve, under conditions of incipient opening, with the portable tank in a level attitude. No outage is required for helium.
TP6The tank must be equipped with a pressure release device which prevent a tank from bursting under fire engulfment conditions (the conditions prescribed in CGA pamphlet S-1.2 (see § 171.7 of this subchapter) or alternative conditions approved by the Associate Administrator may be used to consider the fire engulfment condition), taking into account the properties of the hazardous material to be transported.
TP7The vapor space must be purged of air by nitrogen or other means.
TP8A portable tank having a minimum test pressure of 1.5 bar (150 kPa) may be used when the flash point of the hazardous material transported is greater than 0 °C (32 °F).
TP9A hazardous material assigned to special provision TP9 in Column (7) of the § 172.101 Table may only be transported in a portable tank if approved by the Associate Administrator.
TP10The portable tank must be fitted with a lead lining at least 5 mm (0.2 inches)
TP12This material is considered highly corrosive to steel.
TP13Self-contained breathing apparatus must be provided when this hazardous material is transported by sea.
TP16The portable tank must be protected against over and under pressurization which may be experienced during transportation. The means of protection must be approved by the approval agency designated to approve the portable tank in accordance with the procedures in part 107, subpart E, of this subchapter. The pressure relief device must be preceded by a frangible disk in accordance with the requirements in § 178.275(g)(3) of this subchapter to prevent crystallization of the product in the pressure relief device.
TP17Only inorganic non-combustible materials may be used for thermal insulation of the tank.
TP18The temperature of this material must be maintained between 18 °C (64.4 °F) and 40 °C (104 °F) while in transportation. Portable tanks containing solidified methacrylic acid must not be reheated during transportation.
TP19The calculated wall thickness must be increased by 3 mm at the time of construction. Wall thickness must be verified ultrasonically at intervals midway between periodic hydraulic tests (every 2.5 years). The portable tank must not be used if the wall thickness is less than that prescribed by the applicable T code in Column (7) of the Table for this material.
TP20This hazardous material must only be transported in insulated tanks under a nitrogen blanket.
TP21The wall thickness must not be less than 8 mm. Portable tanks must be hydraulically tested and internally inspected at intervals not exceeding 2.5 years.
TP22Lubricants for portable tank fittings (for example, gaskets, shut-off valves, flanges) must be oxygen compatible.
TP24The portable tank may be fitted with a device to prevent the build up of excess pressure due to the slow decomposition of the hazardous material being transported. The device must be in the vapor space when the tank is filled under maximum filling conditions. This device must also prevent an unacceptable amount of leakage of liquid in the case of overturning.
TP25Sulphur trioxide 99.95% pure and above may be transported in tanks without an inhibitor provided that it is maintained at a temperature equal to or above 32.5 °C (90.5 °F).
TP26The heating device must be exterior to the shell. For UN 3176, this requirement only applies when the hazardous material reacts dangerously with water.
TP27A portable tank having a minimum test pressure of 4 bar (400 kPa) may be used provided the calculated test pressure is 4 bar or less based on the MAWP of the hazardous material, as defined in § 178.275 of this subchapter, where the test pressure is 1.5 times the MAWP.
TP28A portable tank having a minimum test pressure of 2.65 bar (265 kPa) may be used provided the calculated test pressure is 2.65 bar or less based on the MAWP of the hazardous material, as defined in § 178.275 of this subchapter, where the test pressure is 1.5 times the MAWP.
TP29A portable tank having a minimum test pressure of 1.5 bar (150.0 kPa) may be used provided the calculated test pressure is 1.5 bar or less based on the MAWP of the hazardous materials, as defined in § 178.275 of this subchapter, where the test pressure is 1.5 times the MAWP.
TP30This hazardous material may only be transported in insulated tanks.
TP31This hazardous material may only be transported in tanks in the solid state.
TP32Portable tanks may be used subject to the following conditions:
a. Each portable tank constructed of metal must be fitted with a pressure-relief device consisting of a reclosing spring loaded type, a frangible disc or a fusible element. The set to discharge for the spring loaded pressure relief device and the burst pressure for the frangible disc, as applicable, must not be greater than 2.65 bar for portable tanks with minimum test pressures greater than 4 bar;
b. The suitability for transport in tanks must be demonstrated using test 8(d) in Test Series 8 (see UN Manual of Tests and Criteria, Part 1, Sub-section 18.7) (IBR, see § 171.7 of this subchapter) or an alternative means approved by the Associate Administrator.
TP33The portable tank instruction assigned for this substance applies for granular and powdered solids and for solids which are filled and discharged at temperatures above their melting point which are cooled and transported as a solid mass. Solid substances transported or offered for transport above their melting point are authorized for transportation in portable tanks conforming to the provisions of portable tank instruction T4 for solid substances of packing group III or T7 for solid substances of packing group II, unless a tank with more stringent requirements for minimum shell thickness, maximum allowable working pressure, pressure-relief devices or bottom outlets are assigned in which case the more stringent tank instruction and special provisions shall apply. Filling limits must be in accordance with portable tank special provision TP3. Solids meeting the definition of an elevated temperature material must be transported in
TP36For material assigned this portable tank special provision, portable tanks used to transport such material may be equipped with fusible elements in the vapor space of the portable
TP37IM portable tanks are only authorized for the shipment of hydrogen peroxide solutions in water containing 72% or less hydrogen peroxide by weight. Pressure relief devices shall be designed to prevent the entry of foreign matter, the leakage of liquid and the development of any dangerous excess pressure. In addition, the portable tank must be designed so that internal surfaces may be effectively cleaned and passivated. Each tank must be equipped with pressure relief devices conforming to the following requirements:
TP38Each portable tank must be insulated with an insulating material so that the overall thermal conductance at 15.5 °C (60 °F) is no more than 1.5333 kilojoules per hour per square meter per degree Celsius (0.075 Btu per hour per square foot per degree Fahrenheit) temperature differential. Insulating materials may not promote corrosion to steel when wet.
TP44Each portable tank must be made of stainless steel, except that steel other than stainless steel may be used in accordance with the provisions of § 173.24b(b) of this subchapter. Thickness of stainless steel for tank shell and heads must be the greater of 7.62 mm (0.300 inch) or the thickness required for a portable tank with a design pressure at least equal to 1.5 times the vapor pressure of the hazardous material at 46 °C (115 °F).
TP45Each portable tank must be made of stainless steel, except that steel other than stainless steel may be used in accordance with the provisions of 173.24b(b) of this subchapter. Thickness of stainless steel for portable tank shells and heads must be the greater of 6.35 mm (0.250 inch) or the thickness required for a portable tank with a design pressure at least equal to 1.3 times the vapor pressure of the hazardous material at 46 °C (115 °F).
TP46Portable tanks in sodium metal service are not required to be hydrostatically retested.
(9)
For
(a)
(b) This subpart does not apply to any material, other than a hazardous substance, hazardous waste or marine pollutant, that is—
(1) Identified by the letter “A” in column 1 of the § 172.101 table, except when the material is offered or intended for transportation by air; or
(2) Identified by the letter “W” in column 1 of the § 172.101 table, except when the material is offered or intended for transportation by water; or
(3) A limited quantity package unless the material is offered or intended for transportation by air or vessel and, until December 31, 2013, a package of ORM-D material authorized by this subchapter in effect on October 1, 2010
(4) Category B infectious substances prepared in accordance with § 173.199.
(a)
(1) When a hazardous material and a material not subject to the requirements of this subchapter are described on the same shipping paper, the hazardous material description entries required by § 172.202 and those additional entries that may be required by § 172.203:
(i) Must be entered first, or
(ii) Must be entered in a color that clearly contrasts with any description on the shipping paper of a material not subject to the requirements of this subchapter, except that a description on a reproduction of a shipping paper may be highlighted, rather than printed, in a contrasting color (the provisions of this paragraph apply only to the basic description required by § 172.202(a)(1), (2), (3), and (4)), or
(iii) Must be identified by the entry of an “X” placed before the basic shipping description required by § 172.202 in a column captioned “HM.” (The “X” may be replaced by “RQ,” if appropriate.)
(2) The required shipping description on a shipping paper and all copies thereof used for transportation purposes, must be legible and printed (manually or mechanically) in English.
(3) Unless it is specifically authorized or required in this subchapter, the required shipping description may not contain any code or abbreviation.
(4) A shipping paper may contain additional information concerning the material provided the information is not inconsistent with the required description. Unless otherwise permitted or required by this subpart, additional information must be placed after the basic description required by § 172.202(a).
(b) [Reserved]
(c)
(d)
(e)
For
(a) The shipping description of a hazardous material on the shipping paper must include:
(1) The identification number prescribed for the material as shown in Column (4) of the § 172.101 table;
(2) The proper shipping name prescribed for the material in Column (2) of the § 172.101 table;
(3) The hazard class or division number prescribed for the material, as shown in Column (3) of the § 172.101 table. The subsidiary hazard class or division number is not required to be entered when a corresponding subsidiary hazard label is not required. Except for combustible liquids, the subsidiary hazard class(es) or subsidiary division number(s) must be entered in parentheses immediately following the primary hazard class or division number. In addition—
(i) The words “Class” or “Division” may be included preceding the primary and subsidiary hazard class or division numbers.
(ii) The hazard class need not be included for the entry “Combustible liquid, n.o.s.”
(iii) For domestic shipments, primary and subsidiary hazard class or division names may be entered following the numerical hazard class or division, or following the basic description.
(4) The packing group in Roman numerals, as designated for the hazardous material in Column (5) of the § 172.101 table. Class 1 (explosives) materials; self-reactive substances; batteries other than those containing lithium, lithium ions, or sodium; Division 5.2 materials; and entries that are not assigned a packing group (
(5) Except for transportation by aircraft, the total quantity of hazardous materials covered by the description must be indicated (by mass or volume, or by activity for Class 7 materials) and must include an indication of the applicable unit of measurement, for example, “200 kg” (440 pounds) or “50 L” (13 gallons). The following provisions also apply:
(i) For Class 1 materials, the quantity must be the net explosive mass. For an explosive that is an article, such as Cartridges, small arms, the net explosive mass may be expressed in terms of the net mass of either the article or the explosive materials contained in the article.
(ii) For hazardous materials in salvage packaging, an estimate of the total quantity is acceptable.
(iii) The following are excepted from the requirements of paragraph (a)(5) of this section:
(A) Bulk packages, provided some indication of the total quantity is shown, for example, “1 cargo tank” or “2 IBCs.”
(B) Cylinders, provided some indication of the total quantity is shown, for example, “10 cylinders.”
(C) Packages containing only residue.
(6) For transportation by aircraft, the total net mass per package, must be shown unless a gross mass is indicated in Columns (9A) or (9B) of the § 172.101 table in which case the total gross mass per package must be shown; or, for Class 7 materials, the quantity of radioactive material must be shown by activity. The following provisions also apply:
(i) For empty uncleaned packaging, only the number and type of packaging must be shown;
(ii) For chemical kits and first aid kits, the total net mass of hazardous materials must be shown. Where the kits contain only liquids, or solids and liquids, the net mass of liquids within the kits is to be calculated on a 1 to 1 basis, i.e., 1 L (0.3 gallons) equals 1 kg (2.2 pounds);
(iii) For dangerous goods in machinery or apparatus, the individual total quantities or an estimate of the individual total quantities of dangerous goods in solid, liquid or gaseous state, contained in the article must be shown;
(iv) For dangerous goods transported in a salvage packaging, an estimate of the quantity of dangerous goods per package must be shown;
(v) For cylinders, total quantity may be indicated by the number of cylinders, for example, “10 cylinders;”
(vi) For items where “No Limit” is shown in Column (9A) or (9B) of the § 172.101 table, the quantity shown must be the net mass or volume of the material. For articles (
(7) The number and type of packages must be indicated. The type of packages must be indicated by description of the package (for example, “12 drums”). Indication of the packaging specification number (“1H1”) may be included in the description of the package (for example, “12 1H1 drums” or “12 drums (UN 1A1)”). Abbreviations may be used for indicating packaging types (for example, “cyl.” for “cylinder”) provided the abbreviations are commonly accepted and recognizable.
(b) Except as provided in this subpart, the basic description specified in paragraphs (a)(1), (2), (3), and (4) of this section must be shown in sequence with no additional information interspersed. For example, “UN2744, Cyclobutyl chloroformate, 6.1, (8, 3), PG II.” The shipping description sequences in effect on December 31, 2006, may be used until January 1, 2013.
(c) The total quantity of the material covered by one description must appear before or after, or both before and after, the description required and authorized by this subpart. The type of packaging and destination marks may be entered in any appropriate manner before or after the basic description. Abbreviations may be used to express units of measurement and types of packagings.
(d) Technical and chemical group names may be entered in parentheses between the proper shipping name and hazard class or following the basic description. An appropriate modifier, such as “contains” or “containing,” and/or the percentage of the technical constituent may also be used. For example: “Flammable liquids, n.o.s. (contains Xylene and Benzene), 3, UN 1993, II”.
(e) Except for those materials in the UN Recommendations, the ICAO Technical Instructions, or the IMDG Code (IBR, see § 171.7 of this subchapter), a material that is not a hazardous material according to this subchapter may not be offered for transportation or transported when its description on a shipping paper includes a hazard class or an identification number specified in the § 172.101 Table.
(a)
(b)
(c)
(2) The letters “RQ” must be entered on the shipping paper either before or after the basic description required by § 172.202 for each hazardous substance (see definition in § 171.8 of this subchapter). For example: “RQ, UN 1098, Allyl alcohol, 6.1, I, Toxic-inhalation hazard, Zone B”; or “UN 3077, Environmentally hazardous substances, solid, n.o.s., 9, III, RQ (Adipic acid)”.
(d)
(1) The name of each radionuclide in the Class 7 (radioactive) material that is listed in § 173.435 of this subchapter. For mixtures of radionuclides, the radionuclides required to be shown must be determined in accordance with § 173.433(g) of this subchapter. Abbreviations,
(2) A description of the physical and chemical form of the material, if the material is not in special form (generic chemical description is acceptable for chemical form).
(3) The activity contained in each package of the shipment in terms of the appropriate SI units (
(4) The category of label applied to each package in the shipment. For example: “RADIOACTIVE WHITE-I.”
(5) The transport index assigned to each package in the shipment bearing RADIOACTIVE YELLOW-II or RADIOACTIVE YELLOW-III labels.
(6) For a package containing fissile Class 7 (radioactive) material:
(i) The words “Fissile Excepted” if the package is excepted pursuant to § 173.453 of this subchapter; or otherwise
(ii) The criticality safety index for that package.
(7) For a package approved by the U.S. Department of Energy (DOE) or U.S. Nuclear Regulatory Commission (NRC), a notation of the package identification marking as prescribed in the applicable DOE or NRC approval (see § 173.471 of the subchapter).
(8) For an export shipment or a shipment in a foreign made package, a notation of the package identification marking as prescribed in the applicable International Atomic Energy Agency (IAEA) Certificate of Competent Authority which has been issued for the package (see § 173.473 of the subchapter).
(9) For a shipment required by this subchapter to be consigned as exclusive use:
(i) An indication that the shipment is consigned as exclusive use; or
(ii) If all the descriptions on the shipping paper are consigned as exclusive use, then the statement “Exclusive Use Shipment” may be entered only once on the shipping paper in a clearly visible location.
(10) For the shipment of a package containing a highway route controlled quantity of Class 7 (radioactive) materials (see § 173.403 of this subchapter) the words “Highway route controlled quantity” or “HRCQ” must be entered in association with the basic description.
(e)
(2) The description on the shipping paper for a tank car containing the residue of a hazardous material must include the phrase, “RESIDUE: LAST
(f)
(g)
(2) The shipping paper for each DOT-113 tank car containing a Division 2.1 material or its residue must contain an appropriate notation, such as “DOT 113”, and the statement “Do not hump or cut off car while in motion.”
(3) When shipments of elevated temperature materials are transported under the exception permitted in § 173.247(h)(3) of this subchapter, the shipping paper must contain an appropriate notation, such as “Maximum operating speed 15 mph.”.
(h)
(1)
(ii) The words “NOT FOR Q and T TANKS” when the anhydrous ammonia does not contain 0.2 percent or more water by weight.
(2)
(ii) The words “NOT FOR Q and T TANKS” for grades of liquefied petroleum gas other than “Noncorrosive”.
(i)
(1) The name of the shipper.
(2) Minimum flashpoint if 60 °C (140 °F) or below (in °C closed cup (c.c.)) in association with the basic description. For lab packs packaged in conformance with § 173.12(b) of this subchapter, an indication that the lowest flashpoint of all hazardous materials contained in the lab pack is below 23 °C or that the flash point is not less than 23 °C but not more than 60 °C must be identified on the shipping paper in lieu of the minimum flashpoint.
(3) For a hazardous material consigned under an “n.o.s.” entry not included in the segregation groups listed in section 3.1.4 of the IMDG Code but belonging, in the opinion of the consignor, to one of these groups, the appropriate segregation group must be shown in association with the basic description (for example, IMDG Code segregation group—1 Acids). When no segregation group is applicable, there is no requirement to indicate that condition.
(j) [Reserved]
(k)
(1) If a hazardous material is a mixture or solution of two or more hazardous materials, the technical names of at least two components most predominately contributing to the hazards of the mixture or solution must be entered on the shipping paper as required by paragraph (k) of this section. For example, “Flammable liquid, corrosive, n.o.s., 3, UN 2924, II (contains Methanol, Potassium hydroxide)”.
(2) The provisions of this paragraph do not apply—
(i) To a material that is a hazardous waste and described using the proper shipping name “Hazardous waste, liquid
(ii) To a material for which the hazard class is to be determined by testing under the criteria in § 172.101(c)(11).
(iii) If the n.o.s. description for the material (other than a mixture of hazardous materials of different classes meeting the definitions of more than one hazard class) contains the name of the chemical element or group which is primarily responsible for the material being included in the hazard class indicated.
(iv) If the n.o.s. description for the material (which is a mixture of hazardous materials of different classes meeting the definition of more than one hazard class) contains the name of the chemical element or group responsible for the material meeting the definition of one of these classes. In such cases, only the technical name of the component that is not appropriately identified in the n.o.s. description shall be entered in parentheses.
(l)
(2) The words “Marine Pollutant” shall be entered in association with the basic description for a material which is a marine pollutant.
(3) Except for transportation by vessel, marine pollutants subject to the provisions of 49 CFR 130.11 are excepted from the requirements of paragraph (l) of this section if a phrase indicating the material is an oil is placed in association with the basic description.
(4) Except when all or part of transportation is by vessel, marine pollutants in non-bulk packagings are not subject to the requirements of paragraphs (l)(1) and (l)(2) of this section (see § 171.4 of this subchapter).
(m)
(n)
(o)
(1) If notification or competent authority approval is required, the shipping paper must contain a statement of approval of the classification and conditions of transport.
(2) For Division 4.1 (self-reactive) and Division 5.2 (organic peroxide) materials that require temperature control during transport, the control and emergency temperature must be included on the shipping paper.
(3) The word “SAMPLE” must be included in association with the basic description when a sample of a Division 4.1 (self-reactive) material (see § 173.224(c)(3) of this subchapter) or Division 5.2 (organic peroxide) material (see § 173.225(b)(2) of this subchapter) is offered for transportation.
(p)
For
(a)
(1) “This is to certify that the above-named materials are properly classified, described, packaged, marked and labeled, and are in proper condition for transportation according to the applicable regulations of the Department of Transportation.”
In line one of the certification the words “herein-named” may be substituted for the words “above-named”.
(2) “I hereby declare that the contents of this consignment are fully and accurately described above by the proper shipping name, and are classified, packaged, marked and labelled/placarded, and are in all respects in proper condition for transport according to applicable international and national governmental regulations.”
(b)
(i) In a cargo tank supplied by the carrier, or
(ii) By the shipper as a private carrier except for a hazardous material that is to be reshipped or transferred from one carrier to another.
(2) No certification is required for the return of an empty tank car which previously contained a hazardous material and which has not been cleaned or purged.
(c)
I hereby certify that the contents of this consignment are fully and accurately described above by proper shipping name and are classified, packaged, marked and labeled, and in proper condition for carriage by air according to applicable national governmental regulations.
In the certification, the word “packed” may be used instead of the word “packaged” until October 1, 2010.
(2)
(3)
“I declare that all of the applicable air transport requirements have been met.”
(i) Each person who offers any package or overpack of hazardous materials for transport by air must ensure that:
(A) The articles or substances are not prohibited for transport by air (see the § 172.101 Table);
(B) The articles or substances are properly classed, marked and labeled and otherwise in a condition for transport as required by this subchapter;
(C) The articles or substances are packaged in accordance with all the applicable air transport requirements, including appropriate types of packaging that conform to the packing requirements and the “A” Special Provisions in § 172.102; inner packaging and maximum quantity per package limits; the compatibility requirements (see, for example, § 173.24 of this subchapter); and requirements for closure for both inner and outer packagings, absorbent materials, and pressure differential in § 173.27 of this subchapter. Other requirements may also apply. For example, single packagings may be prohibited, inner packaging may need to be packed in intermediate packagings, and certain materials may be required to be transported in packagings meeting a more stringent performance level.
(ii) [Reserved]
(4)
(d)
(1) Must be legibly signed by a principal, officer, partner, or employee of the shipper or his agent; and
(2) May be legibly signed manually, by typewriter, or by other mechanical means.
For
(a) No person may offer, transport, transfer, or deliver a hazardous waste (waste) unless an EPA Form 8700-22 and 8700-22A (when necessary) hazardous waste manifest (manifest) is prepared in accordance with 40 CFR 262.20 and is signed, carried, and given as required of that person by this section.
(b) The shipper (generator) shall prepare the manifest in accordance with 40 CFR part 262.
(c) The original copy of the manifest must be dated by, and bear the handwritten signature of, the person representing:
(1) The shipper (generator) of the waste at the time it is offered for transportation, and
(2) The initial carrier accepting the waste for transportation.
(d) A copy of the manifest must be dated by, and bear the handwritten signature of the person representing:
(1) Each subsequent carrier accepting the waste for transportation, at the time of acceptance, and
(2) The designated facility receiving the waste, upon receipt.
(e) A copy of the manifest bearing all required dates and signatures must be:
(1) Given to a person representing each carrier accepting the waste for transportation,
(2) Carried during transportation in the same manner as required by this subchapter for shipping papers,
(3) Given to a person representing the designated facility receiving the waste,
(4) Returned to the shipper (generator) by the carrier that transported the waste from the United States to a
(5) Retained by the shipper (generator) and by the initial and each subsequent carrier for three years from the date the waste was accepted by the initial carrier. Each retained copy must bear all required signatures and dates up to and including those entered by the next person who received the waste.
(f)
(1) When accepting hazardous waste from a non-rail transporter, the initial rail transporter must:
(i) Sign and date the manifest acknowledging acceptance of the hazardous waste;
(ii) Return a signed copy of the manifest to the non-rail transporter;
(iii) Forward at least three copies of the manifest to:
(A) The next non-rail transporter, if any;
(B) The designated facility, if the shipment is delivered to that facility by rail; or
(C) The last rail transporter designated to handle the waste in the United States; and
(iv) Retain one copy of the manifest and rail shipping paper in accordance with 40 CFR 263.22.
(2) Rail transporters must ensure that a shipping paper containing all the information required on the manifest (excluding the EPA identification numbers, generator certification and signatures) and, for exports, an EPA Acknowledgment of Consent accompanies the hazardous waste at all times. Intermediate rail transporters are not required to sign either the manifest or shipping paper.
(3) When delivering hazardous waste to the designated facility, a rail transporter must:
(i) Obtain the date of delivery and handwritten signature of the owner or operator of the designated facility on the manifest or the shipping paper (if the manifest has not been received by the facility); and
(ii) Retain a copy of the manifest or signed shipping paper in accordance with 40 CFR 263.22.
(4) When delivering hazardous waste to a non-rail transporter, a rail transporter must:
(i) Obtain the date of delivery and the handwritten signature of the next non-rail transporter on the manifest; and
(ii) Retain a copy of the manifest in accordance with 40 CFR 263.22.
(5) Before accepting hazardous waste from a rail transporter, a non-rail transporter must sign and date the manifest and provide a copy to the rail transporter.
(g) The person delivering a hazardous waste to an initial rail carrier shall send a copy of the manifest, dated and signed by a representative of the rail carrier, to the person representing the designated facility.
(h) A hazardous waste manifest required by 40 CFR part 262, containing all of the information required by this subpart, may be used as the shipping paper required by this subpart.
(i) The shipping description for a hazardous waste must be modified as required by § 172.101(c)(9).
(a) Each person who offers a hazardous material for transportation shall mark each package, freight container, and transport vehicle containing the hazardous material in the manner required by this subpart.
(b) When assigned the function by this subpart, each carrier that transports a hazardous material shall mark each package, freight container, and transport vehicle containing the hazardous material in the manner required by this subpart.
(c) Unless otherwise provided in a specific rule, stocks of preprinted packagings marked in accordance with this subpart prior to the effective date of a final rule may be continued in use, in the manner previously authorized,
(a)
(2) The proper shipping name for a hazardous waste (as defined in § 171.8 of this subchapter) is not required to include the word “waste” if the package bears the EPA marking prescribed by 40 CFR 262.32.
(3)
(i) Each package is marked with the same proper shipping name and identification number;
(ii) The aggregate gross weight of the hazardous material is 4,000 kg (8,820 pounds) or more;
(iii) All of the hazardous material is loaded at one loading facility;
(iv) The transport vehicle or freight container contains no other material, hazardous or otherwise; and
(v) The identification number marking requirement of this paragraph (a)(3) does not apply to Class 1, Class 7, or to non-bulk packagings for which identification numbers are not required.
(b)
(c)
(d)
(1) Transported by highway only and will not be transferred from one motor carrier to another; or
(2) Part of a carload lot, truckload lot or freight container load, and the entire contents of the rail car, truck or freight container are shipped from one consignor to one consignee.
(e)
(f)
(a)
(1) On each side and each end, if the packaging has a capacity of 3,785 L (1,000 gallons) or more;
(2) On two opposing sides, if the packaging has a capacity of less than 3,785 L (1,000 gallons); or
(3) For cylinders permanently installed on a tube trailer motor vehicle, on each side and each end of the motor vehicle.
(b)
(1) Have a width of at least 6.0 mm (0.24 inch) and a height of at least 100 mm (3.9 inches) for rail cars;
(2) Have a width of at least 4.0 mm (0.16 inch) and a height of at least 25 mm (one inch) for portable tanks with capacities of less than 3,785 L (1,000 gallons) and IBCs; and
(3) Have a width of at least 6.0 mm (0.24 inch) and a height of at least 50 mm (2.0 inches) for cargo tanks and other bulk packagings.
(c)
(d) Each bulk packaging marked with a proper shipping name, common name or identification number as required by this subpart must remain marked when it is emptied unless it is—
(1) Sufficiently cleaned of residue and purged of vapors to remove any potential hazard; or
(2) Refilled, with a material requiring different markings or no markings, to such an extent that any residue remaining in the packaging is no longer hazardous.
(e) Additional requirements for marking portable tanks, cargo tanks, tank cars, multi-unit tank car tanks, and other bulk packagings are prescribed in §§ 172.326, 172.328, 172.330, and 172.331, respectively, of this subpart.
(f) A bulk packaging marked prior to October 1, 1991, in conformance to the regulations of this subchapter in effect on September 30, 1991, need not be remarked if the key words of the proper shipping name are identical to those currently specified in the § 172.101 table. For example, a tank car marked “NITRIC OXIDE” need not be remarked “NITRIC OXIDE, COMPRESSED”.
(g) A rail car, freight container, truck body or trailer in which the lading has been fumigated with any hazardous material, or is undergoing fumigation, must be marked as specified in § 173.9 of this subchapter.
(a) No person may offer for transportation or transport a package which is marked with the proper shipping name, the identification number of a hazardous material or any other markings indicating that the material is hazardous (e.g., RQ, INHALATION HAZARD) unless the package contains the identified hazardous material or its residue.
(b) This section does not apply to—
(1) Transportation of a package in a transport vehicle or freight container
(2) Markings on a package which are securely covered in transportation.
(3) The marking of a shipping name on a package when the name describes a material not regulated under this subchapter.
(a) The marking required in this subpart—
(1) Must be durable, in English and printed on or affixed to the surface of a package or on a label, tag, or sign.
(2) Must be displayed on a background of sharply contrasting color;
(3) Must be unobscured by labels or attachments; and
(4) Must be located away from any other marking (such as advertising) that could substantially reduce its effectiveness.
(b) [Reserved]
(a) Abbreviations may not be used in a proper shipping name marking except as authorized in this section.
(b) The abbreviation “ORM” may be used in place of the words “Other Regulated Material.”
(c) Abbreviations which appear as authorized descriptions in column 2 of the § 172.101 table (e.g., “TNT” and “PCB”) are authorized.
In addition to any other markings required by this subpart, each package containing Class 7 (radioactive) materials must be marked as follows:
(a) Each package with a gross mass greater than 50 kg (110 lb) must have its gross mass including the unit of measurement (which may be abbreviated) marked on the outside of the package.
(b) Each industrial, Type A, Type B(U), or Type B(M) package must be legibly and durably marked on the outside of the packaging, in letters at least 13 mm (0.5 in) high, with the words “TYPE IP-1,” “TYPE IP-2,” “TYPE IP-3,” “TYPE A,” “TYPE B(U)” or “TYPE B(M),” as appropriate. A package which does not conform to Type IP-1, Type IP-2, Type IP-3, Type A, Type B(U) or Type B(M) requirements may not be so marked.
(c) Each package which conforms to an IP-1, IP-2, IP-3 or a Type A package design must be legibly and durably marked on the outside of the packaging with the international vehicle registration code of the country of origin of the design. The international vehicle registration code for packages designed by a United States company or agency is the symbol “USA.”
(d) Each package which conforms to a Type B(U) or Type B(M) package design must have the outside of the outermost receptacle, which is resistant to the effects of fire and water, plainly marked by embossing, stamping or other means resistant to the effects of fire and water with a radiation symbol that conforms to the requirements of Appendix B of this part.
(e) Each Type B(U), Type B(M) or fissile material package destined for export shipment must also be marked “USA” in conjunction with the specification marking, or other package certificate identification. (See §§ 173.471, 173.472, and 173.473 of this subchapter.)
(a) Except as provided in this section, each non-bulk combination package having inner packagings containing liquid hazardous materials, single packaging fitted with vents, or open cryogenic receptacle intended for the transport of refrigerated liquefied gases must be:
(1) Packed with closures upward, and
(2) Legibly marked with package orientation markings that are similar to
(b) Arrows for purposes other than indicating proper package orientation may not be displayed on a package containing a liquid hazardous material.
(c) The requirements of paragraph (a) of this section do not apply to—
(1) A non-bulk package with inner packagings which are cylinders.
(2) Except when offered or intended for transportation by aircraft, packages containing flammable liquids in inner packagings of 1 L or less prepared in accordance with § 173.150 (b) or (c) of this subchapter.
(3) When offered or intended for transportation by aircraft, packages containing flammable liquids in inner packagings of 120 mL (4 fluid oz.) or less prepared in accordance with § 173.150 (b) or (c) of this subchapter when packed with sufficient absorption material between the inner and outer packagings to completely absorb the liquid contents.
(4) Liquids contained in manufactured articles (e.g., alcohol or mercury in thermometers) which are leak-tight in all orientations.
(5) A non-bulk package with hermetically sealed inner packagings not exceeding 500 mL each.
(6) Packages containing liquid infectious substances in primary receptacles not exceeding 50 mL (1.7 oz.).
(7) Class 7 radioactive material in Type A, IP-2, IP-3, Type B(U), or Type B(M) packages.
In addition to any other markings required by this subpart:
(a) A material poisonous by inhalation (see § 171.8 of this subchapter) shall be marked “Inhalation Hazard” in association with the required labels or placards, as appropriate, and shipping name when required. The marking must be on two opposing sides of a bulk packaging. (See § 172.302(b) of this subpart for size of markings on bulk packages.) When the words “Inhalation Hazard” appear on the label, as prescribed in §§ 172.416 and 172.429, or placard, as prescribed in §§ 172.540 and 172.555, the “Inhalation Hazard” marking is not required on the package.
(b) Each non-bulk plastic outer packaging used as a single or composite packaging for materials meeting the definition of Division 6.1 (in § 173.132 of this subchapter) shall be permanently marked, by embossment or other durable means, with the word “POISON” in letters at least 6.3 mm (0.25 inch) in height. Additional text or symbols related to hazard warning may be included in the marking. The marking shall be located within 150 mm (6 inches) of the closure of the packaging.
(c) A transport vehicle or freight container containing a material poisonous by inhalation in non-bulk packages shall be marked, on each side and each end as specified in § 172.332 or § 172.336, with the identification number specified for the hazardous material in the § 172.101 table, subject to the following provisions and limitations:
(1) The material is in Hazard Zone A or B;
(2) The transport vehicle or freight container is loaded at one facility with 1,000 kg (2,205 pounds) or more aggregate gross weight of the material in non-bulk packages marked with the same proper shipping name and identification number; and
(3) If the transport vehicle or freight container contains more than one material meeting the provisions of this paragraph (c), it shall be marked with the identification number for one material, determined as follows:
(i) For different materials in the same hazard zone, with the identification number of the material having the greatest aggregate gross weight; and
(ii) For different materials in both Hazard Zones A and B, with the identification number for the Hazard Zone A material.
(d) For a packaging containing a Division 6.1 PG III material, “PG III” may be marked adjacent to the POISON label. (See § 172.405(c).)
(a) Except for transportation by aircraft or as otherwise provided in this subchapter, a package containing a limited quantity of hazardous material is not required to be marked with the proper shipping name and identification (ID) number when marked in accordance with the white square-on-point limited quantity marking as follows:
(1) The limited quantity marking must be durable, legible and of a size relative to the package that is readily visible. The marking must be applied on at least one side or one end of the outer packaging. The width of the border forming the square-on-point must be at least 2 mm and the minimum dimension of each side must be 100 mm unless the package size requires a reduced size marking that must be no less than 50 mm on each side. When intended for transportation by vessel, a cargo transport unit (
(2) The top and bottom portions of the square-on-point and the border forming the square-on-point must be black and the center white or of a suitable contrasting background as follows:
(b) For transportation by aircraft, a limited quantity package conforming to Table 3 of § 173.27(f) of this subchapter must be marked as follows:
(1) The marking must be durable, legible and of a size relative to the package as to be readily visible. The marking must be applied on at least one side or one end of the outer packaging. The width of the border forming the square-on-point must be at least 2 mm and the minimum dimension of each side must be 100 mm unless the package size requires a reduced size marking that must be no less than 50 mm on each side.
(2) The top and bottom portions of the square-on-point and the border forming the square-on-point must be black and the center white or of a suitable contrasting background and the symbol “Y” must be black and located in the center of the square-on-point and be clearly visible as follows:
(c) As applicable, package markings required by this subpart (
(d)
(a) Each non-bulk packaging containing a material classed as ORM-D must be marked on at least one side or end with the ORM-D designation immediately following or below the proper shipping name of the material. The ORM designation must be placed within a rectangle that is approximately 6.3 mm (0.25 inches) larger on each side than the designation. The designation for ORM-D must be:
(1) Until December 31, 2012, ORM-D-AIR for an ORM-D that is prepared for air shipment and packaged in accordance with §§ 173.63, 173.150 through 173.155, 173.306 and the applicable requirements in § 173.27.
(2) Until December 31, 2013, ORM-D for an ORM-D that is packaged in accordance with §§ 173.63, 173.150 through 173.155 and 173.306.
(b) When the ORM-D marking including the proper shipping name can not be affixed on the package surface, it may be on an attached tag.
(c) The marking ORM-D is the certification by the person offering the packaging for transportation that the material is properly described, classed, packaged, marked and labeled (when appropriate) and in proper condition for transportation according to the applicable regulations of this subchapter. This form of certification does not preclude the requirement for a certificate on a shipping paper when required by subpart C of this part.
(a)
(b)
(c)
(1) Except for size, the KEEP AWAY FROM HEAT handling mark must appear as follows:
(2) The symbol, letters and border must be black and the background white, except for the starburst which must be red.
(3) The KEEP AWAY FROM HEAT handling marking required by paragraph (a) of this section must be durable, legible and displayed on a background of contrasting color.
(a) Except as otherwise provided in paragraphs (b), (c), (d) and (e) of this section, each package containing a Class 1 material must be marked with the EX-number for each substance, article or device contained therein.
(b) Except for fireworks approved in accordance with § 173.56(j) of this subchapter, a package of Class 1 materials may be marked, in lieu of the EX-number required by paragraph (a) of this section, with a national stock number issued by the Department of Defense or identifying information, such as a product code required by regulations for commercial explosives specified in 27 CFR part 555, if the national stock number or identifying information can be specifically associated with the EX-number assigned.
(c) When more than five different Class 1 materials are packed in the same package, the package may be marked with only five of the EX-numbers, national stock numbers, product codes, or combination thereof.
(d) The requirements of this section do not apply if the EX-number, product code or national stock number of each explosive item described under a proper shipping description is shown in association with the shipping description required by § 172.202(a) of this part. Product codes and national stock numbers must be traceable to the specific EX-number assigned by the Associate Administrator.
(e) The requirements of this section do not apply to the following Class 1 materials:
(1) Those being shipped to a testing agency in accordance with § 173.56(d) of this subchapter;
(2) Those being shipped in accordance with § 173.56(e) of this subchapter, for the purposes of developmental testing;
(3) Those which meet the requirements of § 173.56(h) of this subchapter and therefore are not subject to the approval process of § 173.56 of this subchapter;
(4) [Reserved];
(5) Those that are transported in accordance with § 173.56(c)(2) of this subchapter and, therefore, are covered by a national security classification currently in effect.
(a) For vessel transportation of each non-bulk packaging that contains a marine pollutant—
(1) If the proper shipping name for a material which is a marine pollutant does not identify by name the component which makes the material a marine pollutant, the name of that component must be marked on the package in parentheses in association with the marked proper shipping name. Where two or more components which make a material a marine pollutant are present, the names of at least two of the components most predominantly contributing to the marine pollutant designation must appear in parentheses in association with the marked proper shipping name; and
(2) The MARINE POLLUTANT mark shall be placed in association with the hazard warning labels required by subpart E of this part or, in the absence of any labels, in association with the marked proper shipping name.
(b) A bulk packaging that contains a marine pollutant must—
(1) Be marked with the MARINE POLLUTANT mark on at least two opposing sides or two ends other than the bottom if the packaging has a capacity of less than 3,785 L (1,000 gallons). The mark must be visible from the direction it faces. The mark may be displayed in black lettering on a square-on-point configuration having the same outside dimensions as a placard; or
(2) Be marked on each end and each side with the MARINE POLLUTANT mark if the packaging has a capacity of 3,785 L (1,000 gallons) or more. The mark must be visible from the direction it faces. The mark may be displayed in black lettering on a square-on-point configuration having the same outside dimensions as a placard.
(c) A transport vehicle or freight container that contains a package subject to the marking requirements of paragraph (a) or (b) of this section must be
(d) The MARINE POLLUTANT mark is not required—
(1) On single packagings or combination packagings where each single package or each inner packaging of combination packagings has:
(i) A net quantity of 5 L (1.3 gallons) or less for liquids; or
(ii) A net mass of 5 kg (11 pounds) or less for solids
(2) On a combination packaging containing a marine pollutant, other than a severe marine pollutant, in inner packagings each of which contains:
(i) 5 L (1.3 gallons) or less net capacity for liquids; or
(ii) 5 kg (11 pounds) or less net capacity for solids.
(3) Except for transportation by vessel, on a bulk packaging, freight container or transport vehicle that bears a label or placard specified in subparts E or F of this part.
(4) On a package of limited quantity material marked in accordance with § 172.315 of this part.
(e)
(1) Except for size, the MARINE POLLUTANT mark must appear as follows:
(2) The symbol and border must be black and the background white, or the symbol, border and background must be of contrasting color to the surface to which the mark is to be affixed. Each side of the mark must be—
(i) At least 100 mm (4 inches) for marks applied to:
(A) Non-bulk packages, except in the case of packages which, because of their size, can only bear smaller marks;
(B) Bulk packages with a capacity of less than 3,785 L (1,000 gallons); or
(ii) At least 250 mm (10 inches) for marks applied to all other bulk packages.
(f)
(a) In addition to other requirements of this subpart, a bulk packaging containing a regulated medical waste, as defined in § 173.134(a)(5) of this subchapter, must be marked with a BIOHAZARD marking conforming to 29 CFR 1910.1030(g)(1)(i)—
(1) On two opposing sides or two ends other than the bottom if the packaging has a capacity of less than 3,785 L (1,000 gallons). The BIOHAZARD marking must measure at least 152.4 mm (6 inches) on each side and must be visible from the direction it faces.
(2) On each end and each side if the packaging has a capacity of 3,785 L
(b) For a bulk packaging contained in or on a transport vehicle or freight container, if the BIOHAZARD marking on the bulk packaging is not visible, the transport vehicle or freight container must be marked as required by paragraph (a) of this section on each side and each end.
(c) The background color for the BIOHAZARD marking required by paragraph (a) of this section must be orange and the symbol and letters must be black. Except for size the BIOHAZARD marking must appear as follows:
(d) The BIOHAZARD marking required by paragraph (a) of this section must be displayed on a background of contrasting color. It may be displayed on a plain white square-on-point configuration having the same outside dimensions as a placard, as specified in § 172.519(c) of this part.
For each non-bulk package that contains a hazardous substance—
(a) Except for packages of radioactive material labeled in accordance with § 172.403, if the proper shipping name of a material that is a hazardous substance does not identify the hazardous substance by name, the name of the hazardous substance must be marked on the package, in parentheses, in association with the proper shipping name. If the material contains two or more hazardous substances, at least two hazardous substances, including the two with the lowest reportable quantities (RQs), must be identified. For a hazardous waste, the waste code (e.g., D001), if appropriate, may be used to identify the hazardous substance.
(b) The letters “RQ” must be marked on the package in association with the proper shipping name.
(c) A package of limited quantity material marked in accordance with § 172.315 must also be marked in accordance with the applicable requirements of this section.
(a) Except as provided in paragraph (b) of this section, a bulk packaging containing an elevated temperature material must be marked on two opposing sides with the word “HOT” in black or white Gothic lettering on a contrasting background. The marking must be displayed on the packaging itself or in black lettering on a plain white square-on-point configuration having the same outside dimensions as a placard. (See § 172.302(b) for size of markings on bulk packagings.)
(b) Bulk packagings containing molten aluminum or molten sulfur must be marked “MOLTEN ALUMINUM” or “MOLTEN SULFUR”, respectively, in the same manner as prescribed in paragraph (a) of this section.
(c) If the identification number is displayed on a white-square-on-point display configuration, as prescribed in § 172.336(b), the word “HOT” may be displayed in the upper corner of the same white-square-on-point display configuration. The word “HOT” must be in black letters having a height of at least 50 mm (2.0 inches). Except for size, these markings shall be as illustrated for an Elevated temperature material, liquid, n.o.s.:
(a)
(b)
(c)
(2) Each person who offers a portable tank containing a hazardous material to a motor carrier, for transportation in a transport vehicle or freight container, shall provide the motor carrier with the required identification numbers on placards, orange panels, or the white square-on-point configuration, as appropriate, for each side and each end
(d)
A Bulk packaging used to transport petroleum crude oil containing hydrogen sulfide (
(a) The marking must be durable, legible and of a size relative to the package as to be readily visible and similar to the illustration shown in this paragraph with the minimum dimension of each side of the marking at least 100 mm (3.9 inches). The width of the border forming the square-on-point marking must be at least 5 mm. The marking must be displayed at each location (
(b) The border of the square-on-point must be black or red on a white or other suitable contrasting background. The symbol must be black and located in the center of the square-on-point and be clearly visible as follows:
(c) As an alternative to the marking required in (a) and (b) of this section, a label, tag, or sign may be displayed at each location (
(a)
(1) A person who offers a hazardous material to a motor carrier for transportation in a cargo tank shall provide the motor carrier the identification numbers on placards or shall affix orange panels containing the required identification numbers, prior to or at the time the material is offered for transportation.
(2) A person who offers a cargo tank containing a hazardous material for transportation shall affix the required identification numbers on panels or placards prior to or at the time the cargo tank is offered for transportation.
(3) For a cargo tank transported on or in a transport vehicle or freight container, if the identification number marking on the cargo tank required by § 172.302(a) would not normally be visible during transportation—
(i) The transport vehicle or freight container must be marked as required by § 172.332 on each side and each end with the identification number specified for the material in the § 172.101 table; and
(ii) When the cargo tank is permanently installed within an enclosed cargo body of the transport vehicle or freight container, the identification number marking required by § 172.302(a) need only be displayed on each side and end of a cargo tank that is visible when the cargo tank is accessed.
(b)
(1) The proper shipping name specified for the gas in the § 172.101 table; or
(2) An appropriate common name for the material (e.g., “Refrigerant Gas”).
(c)
(1) “QT”, if the cargo tank is constructed of quenched and tempered steel; or
(2) “NQT”, if the cargo tank is constructed of other than quenched and tempered steel.
(d) After October 3, 2005, each on-vehicle manually-activated remote shutoff device for closure of the internal self-closing stop valve must be identified by marking “Emergency Shutoff” in letters at least 0.75 inches in height, in a color that contrasts with its background, and located in an area immediately adjacent to the means of closure.
(e)
(a)
(1) In a tank car unless the following conditions are met:
(i) The tank car must be marked on each side and each end as required by § 172.302 with the identification number specified for the material in the § 172.101 table; and
(ii) A tank car containing any of the following materials must be marked on each side with the key words of the proper shipping name specified for the material in the § 172.101 table, or with a common name authorized for the material in this subchapter (e.g., “Refrigerant Gas”):
(2) In a multi-unit tank car tank, unless the tank is marked on two opposing sides, in letters and numerals no less than 50 mm (2.0 inches) high—
(i) With the proper shipping name specified for the material in the § 172.101 table or with a common name authorized for the material in this subchapter (e.g., “Refrigerant Gas”); and
(ii) With the identification number specified for the material in the § 172.101 table, unless marked in accordance with §§ 172.302(a) and 172.332 of this subpart.
(b) A motor vehicle or rail car used to transport a multi-unit tank car tank containing a hazardous material must be marked on each side and each end, as required by § 172.332, with the identification number specified for the material in the § 172.101 table.
(c) After September 30, 2006, no person may offer for transportation or transport a tank car or multi-unit tank car tank containing liquefied petroleum gas (LPG) that is unodorized unless it is legibly marked NON-ODORIZED or NOT ODORIZED on two opposing sides near the marked proper shipping name required by paragraphs (a)(1) and (a)(2) of this section, or near the placards. The NON-ODORIZED or NOT ODORIZED marking may appear on a tank car or multi-unit tank car tank used for both unodorized and odorized LPG.
(a) Each person who offers a hazardous material to a motor carrier for transportation in a bulk packaging shall provide the motor carrier with the required identification numbers on placards or plain white square-on-point display configurations, as authorized, or shall affix orange panels containing the required identification numbers to the packaging prior to or at the time the material is offered for transportation, unless the packaging is already marked with the identification number as required by this subchapter.
(b) Each person who offers a bulk packaging containing a hazardous material for transportation shall affix to the packaging the required identification numbers on orange panels, square-on-point configurations or placards, as appropriate, prior to, or at the time the packaging is offered for transportation unless it is already marked with identification numbers as required by this subchapter.
(c) For a bulk packaging contained in or on a transport vehicle or freight container, if the identification number marking on the bulk packaging (e.g., an IBC) required by § 172.302(a) is not visible, the transport vehicle or freight container must be marked as required by § 172.332 on each side and each end with the identification number specified for the material in the § 172.101 table.
(a)
(b)
(1) The orange panel must be 160 mm (6.3 inches) high by 400 mm (15.7 inches)
(2) The orange panel may be made of any durable material prescribed for placards in § 172.519, and shall be of the orange color specified for labels or placards in appendix A to this part.
(3) The name and hazard class of a material may be shown in the upper left border of the orange panel in letters not more than 18 points (0.25 in.) high.
(4) Except for size and color, the orange panel and identification numbers shall be as illustrated for Liquefied petroleum gas:
(c)
(1) The identification number shall be displayed across the center area of the placard in 88 mm (3.5 inches) black Alpine Gothic or Alternate Gothic No. 3 numerals on a white background 100 mm (3.9 inches) high and approximately 215 mm (8.5 inches) wide and may be outlined with a solid or dotted line border.
(2) The top of the 100 mm (3.9 inches) high white background shall be approximately 40 mm (1.6 inches) above the placard horizontal center line.
(3) An identification number may be displayed only on a placard corresponding to the primary hazard class of the hazardous material.
(4) For a COMBUSTIBLE placard used to display an identification number, the entire background below the white background for the identification number must be white during transportation by rail and may be white during transportation by highway.
(5) The name of the hazardous material and the hazard class may be shown in letters not more than 18 points high immediately within the upper border of the space on the placard bearing the identification number of the material.
(6) If an identification number is placed over the word(s) on a placard, the word(s) should be substantially covered to maximize the effectiveness of the identification number.
(d) Except for size and color, the display of an identification number on a placard shall be as illustrated for Acetone:
(a) No person may display an identification number on a RADIOACTIVE, EXPLOSIVES 1.1, 1.2, 1.3, 1.4, 1.5 or 1.6, DANGEROUS, or subsidiary hazard placard.
(b) No person may display an identification number on a placard, orange panel or white square-on-point display configuration unless—
(1) The identification number is specified for the material in § 172.101;
(2) The identification number is displayed on the placard, orange panel or white square-on-point configuration authorized by § 172.332 or § 172.336(b), as appropriate, and any placard used for display of the identification number
(3) Except as provided under § 172.336 (c)(4) or (c)(5), the package, freight container, or transport vehicle on which the number is displayed contains the hazardous material associated with that identification number in § 172.101.
(c) Except as required by § 172.332(c)(4) for a combustible liquid, the identification number of a material may be displayed only on the placards required by the tables in § 172.504.
(d) Except as provided in § 172.336, a placard bearing an identification number may not be used to meet the requirements of subpart F of this part unless it is the correct identification number for all hazardous materials of the same class in the transport vehicle or freight container on which it is displayed.
(e) Except as specified in § 172.338, an identification number may not be displayed on an orange panel on a cargo tank unless affixed to the cargo tank by the person offering the hazardous material for transportation in the cargo tank.
(f) If a placard is required by § 172.504, an identification number may not be displayed on an orange panel unless it is displayed in proximity to the placard.
(g) No person shall add any color, number, letter, symbol, or word other than as specified in this subchapter, to any identification number marking display which is required or authorized by this subchapter.
(a) When not required or prohibited by this subpart, identification numbers may be displayed on a transport vehicle or a freight container in the manner prescribed by this subpart.
(b) Identification numbers, when required, must be displayed on either orange panels (see § 172.332(b)) or on a plain white square-on-point display configuration having the same outside dimensions as a placard. In addition, for materials in hazard classes for which placards are specified and identification number displays are required, but for which identification numbers may not be displayed on the placards authorized for the material (see § 172.334(a)), identification numbers must be displayed on orange panels or on the plain white square-on-point display configuration in association with the required placards. An identification number displayed on a white square-on-point display configuration is not considered to be a placard.
(1) The 100 mm (3.9 inch) by 215 mm (8.5 inches) area containing the identification number shall be located as prescribed by § 172.332 (c)(1) and (c)(2) and may be outlined with a solid or dotted line border.
(2) [Reserved]
(c) Identification numbers are not required:
(1) On the ends of a portable tank, cargo tank or tank car having more than one compartment if hazardous materials having different identification numbers are being transported therein. In such a circumstance, the identification numbers on the sides of the tank shall be displayed in the same sequence as the compartments containing the materials they identify.
(2) On a cargo tank containing only gasoline, if the cargo tank is marked “Gasoline” on each side and rear in letters no less than 50 mm (2 inches) high, or is placarded in accordance with § 172.542(c).
(3) On a cargo tank containing only fuel oil, if the cargo tank is marked “Fuel Oil” on each side and rear in letters no less than 50 mm (2 inches) high, or is placarded in accordance with § 172.544(c).
(4) For each of the different liquid petroleum distillate fuels, including gasoline and gasohol, in a compartmented cargo tank or tank car, if the identification number is displayed for the distillate fuel having the lowest flash point. After October 1, 2010, if a compartmented cargo tank or tank car contains such fuels together with a gasoline and alcohol fuel blend containing more than ten percent ethanol, the identification number “3475” or
(5) For each of the different liquid petroleum distillate fuels, including gasoline and gasohol transported in a cargo tank, if the identification number is displayed for the liquid petroleum distillate fuel having the lowest flash point.
(6) For each of the different liquid petroleum distillate fuels, including gasoline and gasohol, transported in a cargo tank, if the identification number is displayed for the liquid petroleum distillate fuel having the lowest flash point. After October 1, 2010, if a cargo tank is used to transport a gasoline and alcohol fuel blend containing more than ten percent ethanol, the identification number “3475” must also be displayed in addition to the identification number for the liquid petroleum distillate fuel having the lowest flash point.
(7) On nurse tanks meeting the provisions of § 173.315(m) of this subchapter.
(d) When a bulk packaging is labeled instead of placarded in accordance with § 172.514(c) of this subchapter, identification number markings may be displayed on the package in accordance with the marking requirements of § 172.301(a)(1) of this subchapter.
If more than one of the identification number markings on placards, orange panels, or white square-on-point display configurations that are required to be displayed are lost, damaged or destroyed during transportation, the carrier shall replace all the missing or damaged identification numbers as soon as practicable. However, in such a case, the numbers may be entered by hand on the appropriate placard, orange panel or white square-on-point display configuration providing the correct identification numbers are entered legibly using an indelible marking material. When entered by hand, the identification numbers must be located in the white display area specified in § 172.332. This section does not preclude required compliance with the placarding requirements of subpart F of this subchapter.
(a) Except as specified in § 172.400a, each person who offers for transportation or transports a hazardous material in any of the following packages or containment devices, shall label the package or containment device with labels specified for the material in the § 172.101 table and in this subpart:
(1) A non-bulk package;
(2) A bulk packaging, other than a cargo tank, portable tank, or tank car, with a volumetric capacity of less than 18 m
(3) A portable tank of less than 3785 L (1000 gallons) capacity, unless placarded in accordance with subpart F of this part;
(4) A DOT Specification 106 or 110 multi-unit tank car tank, unless placarded in accordance with subpart F of this part; and
(5) An overpack, freight container or unit load device, of less than 18 m
(b) Labeling is required for a hazardous material which meets one or more hazard class definitions, in accordance with column 6 of the § 172.101 table and the following table:
(a) Notwithstanding the provisions of § 172.400, a label is not required on—
(1) A Dewar flask meeting the requirements in § 173.320 of this subchapter or a cylinder containing a Division 2.1, 2.2, or 2.3 material that is—
(i) Not overpacked; and
(ii) Durably and legibly marked in accordance with CGA C-7, Appendix A (IBR; see § 171.7 of this subchapter).
(2) A package or unit of military explosives (including ammunition) shipped by or on behalf of the DOD when in—
(i) Freight containerload, carload or truckload shipments, if loaded and unloaded by the shipper or DOD; or
(ii) Unitized or palletized break-bulk shipments by cargo vessel under charter to DOD if at least one required label is displayed on each unitized or palletized load.
(3) A package containing a hazardous material other than ammunition that is—
(i) Loaded and unloaded under the supervision of DOD personnel, and
(ii) Escorted by DOD personnel in a separate vehicle.
(4) A compressed gas cylinder permanently mounted in or on a transport vehicle.
(5) A freight container, aircraft unit load device or portable tank, which—
(i) Is placarded in accordance with subpart F of this part, or
(ii) Conforms to paragraph (a)(3) or (b)(3) of § 172.512.
(6) An overpack or unit load device in or on which labels representative of each hazardous material in the overpack or unit load device are visible.
(7) A package of low specific activity radioactive material and surface contaminated objects, when transported under § 173.427(a)(6)(vi) of this subchapter.
(b) Certain exceptions to labeling requirements are provided for small
(c) Notwithstanding the provisions of § 172.402(a), a Division 6.1 subsidiary hazard label is not required on a package containing a Class 8 (corrosive) material which has a subsidiary hazard of Division 6.1 (poisonous) if the toxicity of the material is based solely on the corrosive destruction of tissue rather than systemic poisoning. In addition, a Division 4.1 subsidiary hazard label is not required on a package bearing a Division 4.2 label.
(d) A package containing a material poisonous by inhalation (see § 171.8 of this subchapter) in a closed transport vehicle or freight container may be excepted from the POISON INHALATION HAZARD or POISON GAS label or placard, under the conditions set forth in § 171.23(b)(10) of this subchapter.
For
(a) Except as otherwise provided in this section, no person may offer for transportation and no carrier may transport a package bearing a label specified in this subpart unless:
(1) The package contains a material that is a hazardous material, and
(2) The label represents a hazard of the hazardous material in the package.
(b) No person may offer for transportation and no carrier may transport a package bearing any marking or label which by its color, design, or shape could be confused with or conflict with a label prescribed by this part.
(c) The restrictions in paragraphs (a) and (b) of this section, do not apply to packages labeled in conformance with:
(1) The UN Recommendations (IBR, see § 171.7 of this subchapter);
(2) The IMDG Code (IBR, see § 171.7 of this subchapter);
(3) The ICAO Technical Instructions (IBR, see § 171.7 of this subchapter);
(4) The TDG Regulations (IBR, see § 171.7 of this subchapter).
(5) The Globally Harmonized System of Classification and Labelling of Chemicals (GHS) (IBR, see § 171.7 of this subchapter).
(d) The provisions of paragraph (a) of this section do not apply to a packaging bearing a label if that packaging is:
(1) Unused or cleaned and purged of all residue;
(2) Transported in a transport vehicle or freight container in such a manner that the packaging is not visible during transportation; and
(3) Loaded by the shipper and unloaded by the shipper or consignee.
For
(a)
(1) Shall be labeled with primary and subsidiary hazard labels as specified in column 6 of the § 172.101 table (unless excepted in paragraph (a)(2) of this section); and
(2)For other than Class 1 or Class 2 materials (for subsidiary labeling requirements for Class 1 or Class 2 materials see paragraph (e) or paragraphs (f) and (g), respectively, of this section), if not already labeled under paragraph (a)(1) of this section, shall be labeled with subsidiary hazard labels in accordance with the following table:
(b)
(c)
(d)
(1) For a package containing a Class 7 material that also meets the definition of one or more additional hazard classes, whether or not the material satisfies § 173.4a(b)(7) of this subchapter, a subsidiary label is not required on the package if the material conforms to the remaining criteria in § 173.4a of this subchapter.
(2) Each package or overpack containing fissile material, other than fissile-excepted material (see § 173.453 of this subchapter) must bear two FISSILE labels, affixed to opposite sides of the package or overpack, which conforms to the figure shown in § 172.441; such labels, where applicable, must be affixed adjacent to the labels for radioactive materials.
(e)
(1) Division 6.1, Packing Groups I or II, shall be labeled POISON or POISON INHALATION HAZARD, as appropriate.
(2) Class 7, shall be labeled in accordance with § 172.403 of this subpart.
(f)
(g)
(1) Division 2.1, must be labeled Flammable Gas;
(2) Division 5.1, must be labeled Oxidizer; and
(3) Class 8, must be labeled Corrosive.
For
(a) Unless excepted from labeling by §§ 173.421 through 173.427 of this subchapter, each package of radioactive material must be labeled as provided in this section.
(b) The proper label to affix to a package of Class 7 (radioactive) material is based on the radiation level at the surface of the package and the transport index. The proper category of label must be determined in accordance with paragraph (c) of this section. The label to be applied must be the highest category required for any of the two determining conditions for the package. RADIOACTIVE WHITE-I is the lowest category and RADIOACTIVE YELLOW-III is the highest. For example, a package with a transport index of 0.8 and a maximum surface radiation level of 0.6 millisievert (60 millirems) per hour must bear a RADIOACTIVE YELLOW-III label.
(c) Category of label to be applied to Class 7 (radioactive) materials packages:
(d)
(e)
(f) Each package required by this section to be labeled with a RADIOACTIVE label must have two of these labels, affixed to opposite sides of the package. (See § 172.406(e)(3) for freight container label requirements).
(g) The following applicable items of information must be entered in the blank spaces on the RADIOACTIVE label by legible printing (manual or mechanical), using a durable weather resistant means of marking:
(1)
(2)
(3)
(h) When one or more packages of Class 7 (radioactive) material are placed within an overpack, the overpack must be labeled as prescribed in this section, except as follows:
(1) The “contents” entry on the label may state “mixed” in place of the names of the radionuclides unless each inside package contains the same radionuclide(s).
(2) The “activity” entry on the label must be determined by adding together the number of becquerels of the Class 7 (radioactive) materials packages contained therein.
(3) For an overpack, the transport index (TI) must be determined by adding together the transport indices of the Class 7 (radioactive) materials packages contained therein, except that for a rigid overpack, the transport index (TI) may alternatively be determined by direct measurement as prescribed in § 173.403 of this subchapter under the definition for “transport index,” taken by the person initially offering the packages contained within the overpack for shipment.
(4) The category of Class 7 label for the overpack must be determined from the table in § 172.403(c) using the TI derived according to paragraph (h)(3) of this section, and the maximum radiation level on the surface of the overpack.
(5) The category of the Class 7 label of the overpack, and not that of any of the packages contained therein, must be used in accordance with Table 1 of § 172.504(e) to determine when the transport vehicle must be placarded.
(6) For fissile material, the criticality safety index which must be entered on the overpack FISSILE label is the sum of the criticality safety indices of the individual packages in the overpack, as stated in the certificate of approval for the package design issued by the NRC or the U.S. Competent Authority.
For
(a)
(b)
(c)
(1) The consolidation bin must be reusable, made of materials such as plastic, wood, or metal and must have a capacity of 64 cubic feet or less;
(2) Hazardous material packages placed in the consolidation bin must be properly labeled in accordance with this subpart;
(3) Packages must be compatible as specified in § 177.848 of this subchapter;
(4) Packages may only be placed within the consolidation bin and the bin be loaded on a motor vehicle by an employee of a single motor carrier;
(5) Packages must be secured within the consolidation bin by other packages or by other suitable means in such a manner as to prevent shifting of, or significant relative motion between, the packages that would likely compromise the integrity of any package;
(6) The consolidation bin must be clearly and legibly marked on a tag or fixed display device with an indication of each hazard class or division contained within the bin;
(7) The consolidation bin must be properly blocked and braced within the transport vehicle; and
(8) Consolidation bins may only be transported by a single motor carrier, or on railcars transporting such vehicles.
(a) For Classes 1, 2, 3, 4, 5, 6, and 8, text indicating a hazard (for example FLAMMABLE LIQUID) is not required on a primary or subsidiary label.
(b) For a package containing Oxygen, compressed, or Oxygen, refrigerated liquid, the OXIDIZER label specified in § 172.426 of this subpart, modified to display the word “OXYGEN” instead of “OXIDIZER”, and the class number “2” instead of “5.1”, may be used in place of the NON-FLAMMABLE GAS and OXIDIZER labels. Notwithstanding the provisions of paragraph (a) of this section, the word “OXYGEN” must appear on the label.
(c) For a package containing a Division 6.1, Packing Group III material, the POISON label specified in § 172.430 may be modified to display the text “PG III” instead of “POISON” or “TOXIC” below the mid line of the label. Also see § 172.313(d).
(a)
(i) Be printed on or affixed to a surface (other than the bottom) of the package or containment device containing the hazardous material; and
(ii) Be located on the same surface of the package and near the proper shipping name marking, if the package dimensions are adequate.
(2) Except as provided in paragraph (e) of this section, duplicate labeling is not required on a package or containment device (such as to satisfy redundant labeling requirements).
(b)
(1) A package that contains no radioactive material and which has dimensions less than those of the required label;
(2) A cylinder; and
(3) A package which has such an irregular surface that a label cannot be satisfactorily affixed.
(c)
(d)
(e)
(1) Each package or overpack having a volume of 1.8 m
(2) Each non-bulk package containing a radioactive material;
(3) Each DOT 106 or 110 multi-unit tank car tank. Labels must be displayed on each end;
(4) Each portable tank of less than 3,785 L (1000 gallons) capacity;
(5) Each freight container or aircraft unit load device having a volume of 1.8 m
(6) An IBC having a volume of 1.8 m
(f)
(a)
(b)
(2) The dotted line border shown on each label is not part of the label specification, except when used as an alternative for the solid line outer border to meet the requirements of § 172.406(d) of this subpart.
(c)
(2) The CARGO AIRCRAFT ONLY label must be a rectangle measuring at least 110 mm (4.3 inches) in height by 120 mm (4.7 inches) in width. The words “CARGO AIRCRAFT ONLY” must be shown in letters measuring at least 6.3 mm (0.25 inches) in height.
(3) Except as otherwise provided in this subpart, the hazard class number, or division number, as appropriate, must be at least 6.3 mm (0.25 inches) and not greater than 12.7 mm (0.5 inches).
(4) When text indicating a hazard is displayed on a label, the label name
(5) The symbol on each label must be proportionate in size to that shown in the appropriate section of this subpart.
(d)
(2) The symbol, text, numbers, and border must be shown in black on a label except that—
(i) White may be used on a label with a one color background of green, red or blue.
(ii) White must be used for the text and class number for the CORROSIVE label.
(iii) White may be used for the symbol for the ORGANIC PEROXIDE label.
(3) Black and any color on a label must be able to withstand, without substantial change, a 72-hour fadeometer test (for a description of equipment designed for this purpose, see ASTM G 23-69 (1975) or ASTM G 26-70).
(4) (i) A color on a label, upon visual examination, must fall within the color tolerances—
(A) Displayed on color charts conforming to the technical specifications for charts set forth in table 1 or 2 in appendix A to this part; or
(B) For labels printed on packaging surfaces, specified in table 3 in appendix A to this part.
(ii) Color charts conforming to appendix A to this part are on display in Office of Hazardous Materials Safety, Office of Hazardous Materials Standards, Room 8422, Nassif Building, 400 Seventh Street, SW., Washington DC 20590-0001.
(5) The following color standards in the PANTONE
(i) For Red—Use PANTONE
(ii) For Orange—Use PANTONE
(iii) For Yellow—Use PANTONE
(iv) For Green—Use PANTONE
(v) For Blue—Use PANTONE
(vi) For Purple—Use PANTONE
(6) Where specific colors from the PANTONE MATCHING SYSTEM
(7) The specified label color must extend to the edge of the label in the area designated on each label, except for the CORROSIVE, RADIOACTIVE YELLOW-II, and RADIOACTIVE YELLOW-III labels on which the color must extend only to the inner border.
(e)
(f)
(g)
For
(a) Except for size and color, the EXPLOSIVE 1.1, EXPLOSIVE 1.2 and EXPLOSIVE 1.3 labels must be as follows:
(b) In addition to complying with § 172.407, the background color on the EXPLOSIVE 1.1, EXPLOSIVE 1.2 and EXPLOSIVE 1.3 labels must be orange. The “**” must be replaced with the appropriate division number and compatibility group letter. The compatibility group letter must be the same size as the division number and must be shown as a capitalized Roman letter.
(c) Except for size and color, the EXPLOSIVE 1.4, EXPLOSIVE 1.5 and EXPLOSIVE 1.6 labels must be as follows:
(d) In addition to complying with § 172.407, the background color on the EXPLOSIVE 1.4, EXPLOSIVE 1.5 and EXPLOSIVE 1.6 label must be orange. The “*” must be replaced with the appropriate compatibility group. The compatibility group letter must be shown as a capitalized Roman letter. Division numbers must measure at least 30 mm (1.2 inches) in height and at least 5 mm (0.2 inches) in width.
(e) An EXPLOSIVE subsidiary label is required for materials identified in Column (6) of the HMT as having an explosive subsidiary hazard. The division number or compability group letter may be displayed on the subsidiary
(f) The EXPLOSIVE subsidiary label must comply with § 172.407.
(a) Except for size and color, the NON-FLAMMABLE GAS label must be as follows:
(b) In addition to complying with § 172.407, the background color on the NON-FLAMMABLE GAS label must be green.
(a) Except for size and color, the POISON GAS label must be as follows:
(b) In addition to complying with § 172.407, the background on the POISON GAS label and the symbol must be white. The background of the upper diamond must be black and the lower point of the upper diamond must be 14 mm (0.54 inches) above the horizontal center line.
(a) Except for size and color, the FLAMMABLE GAS label must be as follows:
(b) In addition to complying with § 172.407, the background color on the FLAMMABLE GAS label must be red.
(a) Except for size and color the FLAMMABLE LIQUID label must be as follows:
(b) In addition to complying with § 172.407, the background color on the FLAMMABLE LIQUID label must be red.
(a) Except for size and color, the FLAMMABLE SOLID label must be as follows:
(b) In addition to complying with § 172.407, the background on the FLAMMABLE SOLID label must be white with vertical red stripes equally spaced on each side of a red stripe placed in the center of the label. The red vertical stripes must be spaced so that, visually, they appear equal in width to the white spaces between them. The symbol (flame) and text (when used) must be overprinted. The text “FLAMMABLE SOLID” may be placed in a white rectangle.
(a) Except for size and color, the SPONTANEOUSLY COMBUSTIBLE label must be as follows:
(b) In addition to complying with § 172.407, the background color on the lower half of the SPONTANEOUSLY COMBUSTIBLE label must be red and the upper half must be white.
(a) Except for size and color, the DANGEROUS WHEN WET label must be as follows:
(b) In addition to complying with § 172.407, the background color on the DANGEROUS WHEN WET label must be blue.
(a) Except for size and color, the OXIDIZER label must be as follows:
(b) In addition to complying with § 172.407, the background color on the OXIDIZER label must be yellow.
(a) Except for size and color, the ORGANIC PEROXIDE label must be as follows:
(b) In addition to complying with § 172.407, the background on the ORGANIC PEROXIDE label must be red in the top half and yellow in the lower half.
(a) Except for size and color, the POISON INHALATION HAZARD label must be as follows:
(b) In addition to complying with § 172.407, the background on the POISON INHALATION HAZARD label and the symbol must be white. The background of the upper diamond must be black and the lower point of the upper diamond must be 14 mm (0.54 inches) above the horizontal center line.
(a) Except for size and color, the POISON label must be as follows:
(b) In addition to complying with § 172.407, the background on the POISON label must be white. The word “TOXIC” may be used in lieu of the word “POISON”.
(a) Except for size and color, the INFECTIOUS SUBSTANCE label must be as follows:
(b) In addition to complying with § 172.407, the background on the INFECTIOUS SUBSTANCE label must be white.
(c) Labels conforming to requirements in place on August 18, 2011 may continue to be used until October 1, 2014.
(a) Except for size and color, the RADIOACTIVE WHITE-I label must be as follows:
(b) In addition to complying with § 172.407, the background on the RADIOACTIVE WHITE-I label must be white. The printing and symbol must be black, except for the “I” which must be red.
(a) Except for size and color, the RADIOACTIVE YELLOW-II must be as follows:
(b) In addition to complying with § 172.407, the background color on the RADIOACTIVE YELLOW-II label must be yellow in the top half and white in
(a) Except for size and color, the RADIOACTIVE YELLOW-III label must be as follows:
(b) In addition to complying with § 172.407, the background color on the RADIOACTIVE YELLOW-III label must be yellow in the top half and white in the lower half. The printing and symbol must be black, except for the “III” which must be red.
(a) Except for size and color, the FISSILE label must be as follows:
(b) In addition to complying with § 172.407, the background color on the FISSILE label must be white.
(a) Except for size and color, the CORROSIVE label must be as follows:
(b) In addition to complying with § 172.407, the background on the CORROSIVE label must be white in the top half and black in the lower half.
(a) Except for size and color, the “CLASS 9” (miscellaneous hazardous materials) label must be as follows:
(b) In addition to complying with § 172.407, the background on the CLASS 9 label must be white with seven black vertical stripes on the top half. The black vertical stripes must be spaced, so that, visually, they appear equal in width to the six white spaces between them. The lower half of the label must be white with the class number “9” underlined and centered at the bottom. The solid horizontal line dividing the lower and upper half of the label is optional.
(c) Labels conforming to requirements in place on August 18, 2011 may continue to be used until October 1, 2014.
(a) Except for size and color, the CARGO AIRCRAFT ONLY label must be as follows:
(b) The CARGO AIRCRAFT ONLY label must be black on an orange background.
(c) A CARGO AIRCRAFT ONLY label conforming to the specifications in this section and in § 172.407(c)(2) in effect on October 1, 2008, may be used until January 1, 2013.
(a) Each EMPTY label, except for size, must be as follows:
(1) Each side must be at least 6 inches (152 mm.) with each letter at least 1 inch (25.4 mm.) in height.
(2) The label must be white with black printing.
(b) [Reserved]
(a) Each person who offers for transportation or transports any hazardous material subject to this subchapter shall comply with the applicable placarding requirements of this subpart.
(b) This subpart does not apply to—
(1) Infectious substances;
(2) Hazardous materials classed as ORM-D;
(3) Hazardous materials authorized by this subchapter to be offered for transportation as a limited quantity when identified as such on a shipping paper in accordance with § 172.203(b) or when marked as such in accordance with § 172.315.
(4) Hazardous materials prepared in accordance with § 173.13 of this subchapter;
(5) Hazardous materials which are packaged as small quantities under the provisions of §§ 173.4, 173.4a, 173.4b of this subchapter; and
(6) Combustible liquids in non-bulk packagings.
(a)
(1) Any placard described in this subpart unless—
(i) The material being offered or transported is a hazardous material;
(ii) The placard represents a hazard of the hazardous material being offered or transported; and
(iii) Any placarding conforms to the requirements of this subpart.
(2) Any sign, advertisement, slogan (such as “Drive Safely”), or device that, by its color, design, shape or content, could be confused with any placard prescribed in this subpart.
(b)
(2) The restrictions of paragraph (a) of this section do not apply to the display of a BIOHAZARD marking, a “HOT” marking, a sour crude oil hazard marking, or an identification number on a white square-on-point configuration in accordance with §§ 172.323(c), 172.325(c), 172.327(a), or 172.336(b) of this part, respectively.
(3) The restrictions in paragraph (a)(2) of this section do not apply until October 1, 2001 to a safety sign or safety slogan (e.g., “Drive Safely” or “Drive Carefully”), which was permanently marked on a transport vehicle, bulk packaging, or freight container on or before August 21, 1997.
(c)
For procedures and limitations pertaining to the display of identification numbers on placards, see § 172.334.
(a)
(b)
(c)
(1) A transport vehicle or freight container which contains less than 454 kg (1001 pounds) aggregate gross weight of hazardous materials covered by table 2 of paragraph (e) of this section; or
(2) A rail car loaded with transport vehicles or freight containers, none of which is required to be placarded.
(d)
(e)
(f)
(2) A FLAMMABLE placard may be used in place of a COMBUSTIBLE placard on—
(i) A cargo tank or portable tank.
(ii) A compartmented tank car which contains both flammable and combustible liquids.
(3) A NON-FLAMMABLE GAS placard is not required on a transport vehicle which contains non-flammable gas if the transport vehicle also contains flammable gas or oxygen and it is placarded with FLAMMABLE GAS or OXYGEN placards, as required.
(4) OXIDIZER placards are not required for Division 5.1 materials on freight containers, unit load devices, transport vehicles or rail cars which also contain Division 1.1 or 1.2 materials and which are placarded with EXPLOSIVES 1.1 or 1.2 placards, as required.
(5) For transportation by transport vehicle or rail car only, an OXIDIZER placard is not required for Division 5.1 materials on a transport vehicle, rail car or freight container which also contains Division 1.5 explosives and is placarded with EXPLOSIVES 1.5 placards, as required.
(6) The EXPLOSIVE 1.4 placard is not required for those Division 1.4 Compatibility Group S (1.4S) materials that are not required to be labeled 1.4S.
(7) For domestic transportation of oxygen, compressed or oxygen, refrigerated liquid, the OXYGEN placard in § 172.530 of this subpart may be used in place of a NON-FLAMMABLE GAS placard.
(8) For domestic transportation, a POISON INHALATION HAZARD placard is not required on a transport vehicle or freight container that is already placarded with the POISON GAS placard.
(9) For Class 9, a CLASS 9 placard is not required for domestic transportation, including that portion of international transportation, defined in § 171.8 of this subchapter, which occurs within the United States. However, a bulk packaging must be marked with the appropriate identification number on a CLASS 9 placard, an orange panel, or a white square-on-point display configuration as required by subpart D of this part.
(10) For Division 6.1, PG III materials, a POISON placard may be modified to display the text “PG III” below the mid line of the placard.
(11) For domestic transportation, a POISON placard is not required on a transport vehicle or freight container required to display a POISON INHALATION HAZARD or POISON GAS placard.
(g) For shipments of Class 1 (explosive materials) by aircraft or vessel, the applicable compatibility group letter must be displayed on the placards, or labels when applicable, required by this section. When more than one compatibility group placard is required for Class 1 materials, only one placard is required to be displayed, as provided in paragraphs (g)(1) through (g)(4) of this section. For the purposes of paragraphs (g)(1) through (g)(4), there is a distinction between the phrases
(1) Explosive articles of compatibility groups C, D or E may be placarded displaying compatibility group E.
(2) Explosive articles of compatibility groups C, D, or E, when transported with those in compatibility group N, may be placarded displaying compatibility group D.
(3) Explosive substances of compatibility groups C and D may be placarded displaying compatibility group D.
(4) Explosive articles of compatibility groups C, D, E or G, except for fireworks, may be placarded displaying compatibility group E.
For
(a) Each transport vehicle, freight container, portable tank, unit load device, or rail car that contains a poisonous material subject to the “Poison Inhalation Hazard” shipping description of § 172.203(m) must be placarded with a POISON INHALATION HAZARD or POISON GAS placard, as appropriate, on each side and each end, in
(b) In addition to the RADIOACTIVE placard which may be required by § 172.504(e) of this subpart, each transport vehicle, portable tank or freight container that contains 454 kg (1001 pounds) or more gross weight of fissile or low specific activity uranium hexafluoride shall be placarded with a CORROSIVE placard on each side and each end.
(c) Each transport vehicle, portable tank, freight container or unit load device that contains a material which has a subsidiary hazard of being dangerous when wet, as defined in § 173.124 of this subchapter, shall be placarded with DANGEROUS WHEN WET placards, on each side and each end, in addition to the placards required by § 172.504.
(d) Hazardous materials that possess secondary hazards may exhibit subsidiary placards that correspond to the placards described in this part, even when not required by this part (see also § 172.519(b) (4) of this subpart).
(a) Each person offering a motor carrier a hazardous material for transportation by highway shall provide to the motor carrier the required placards for the material being offered prior to or at the same time the material is offered for transportation, unless the carrier's motor vehicle is already placarded for the material as required by this subpart.
(1) No motor carrier may transport a hazardous material in a motor vehicle, unless the placards required for the hazardous material are affixed thereto as required by this subpart.
(2) [Reserved]
(b) [Reserved]
(a) Each motor vehicle used to transport a package of highway route controlled quantity Class 7 (radioactive) materials (see § 173.403 of this subchapter) must have the required RADIOACTIVE warning placard placed on a square background as described in § 172.527.
(b) A nurse tank, meeting the provisions of § 173.315(m) of this subchapter, is not required to be placarded on an end containing valves, fittings, regulators or gauges when those appurtenances prevent the markings and placard from being properly placed and visible.
(a) Each person offering a hazardous material for transportation by rail shall affix to the rail car containing the material, the placards specified by this subpart. Placards displayed on motor vehicles, transport containers, or portable tanks may be used to satisfy this requirement, if the placards otherwise conform to the provisions of this subpart.
(b) No rail carrier may accept a rail car containing a hazardous material for transportation unless the placards for the hazardous material are affixed thereto as required by this subpart.
(a)
(1) Division 1.1 and 1.2 (explosive) materials which require EXPLOSIVES 1.1 or EXPLOSIVES 1.2 placards affixed to the rail car;
(2) Materials classed in Division 2.3 Hazard Zone A or 6.1 Packing Group I Hazard Zone A which require POISON GAS or POISON placards affixed to the rail car, including tank cars containing only a residue of the material; and
(3) Class DOT 113 tank cars used to transport a Division 2.1 (flammable gas) material, including tank cars containing only a residue of the material.
(b)
(a)
(1) The placarding exception provided in § 172.504(c) applies to motor vehicles transporting freight containers and aircraft unit load devices,
(2) The placarding exception provided in § 172.504(c) applies to each freight container and aircraft unit load device being transported for delivery to a consignee immediately following an air or water shipment, and,
(3) Placarding is not required on a freight container or aircraft unit load device if it is only transported by air and is identified as containing a hazardous material in the manner provided in part 7, chapter 2, section 2.7, of the ICAO Technical Instructions (IBR, see § 171.7 of this subchapter).
(b)
(i) Is labeled in accordance with subpart E of this part, including § 172.406(e);
(ii) Contains radioactive materials requiring the Radioactive Yellow III label and is placarded with one Radioactive placard and is labeled in accordance with subpart E of this part, including § 172.406(e); or,
(iii) Is identified as containing a hazardous material in the manner provided in part 7, chapter 2, section 2.7, of the ICAO Technical Instructions.
(2) When hazardous materials are offered for transportation, not involving air transportation, in a freight container having a capacity of less than 640 cubic feet the freight container need not be placarded. However, if not placarded, it must be labeled in accordance with subpart E of this part.
(c) Notwithstanding paragraphs (a) and (b) of this section, packages containing hazardous materials, other than ORM-D, offered for transportation by air in freight containers are subject to the inspection requirements of § 175.30 of this chapter.
(a) Except as provided in paragraph (c) of this section, each person who offers for transportation a bulk packaging which contains a hazardous material, shall affix the placards specified for the material in §§ 172.504 and 172.505.
(b) Each bulk packaging that is required to be placarded when it contains a hazardous material, must remain
(1) Is sufficiently cleaned of residue and purged of vapors to remove any potential hazard;
(2) Is refilled, with a material requiring different placards or no placards, to such an extent that any residue remaining in the packaging is no longer hazardous; or
(3) Contains the residue of a hazardous substance in Class 9 in a quantity less than the reportable quantity, and conforms to § 173.29(b)(1) of this subchapter.
(c) Exceptions. The following packagings may be placarded on only two opposite sides or, alternatively, may be labeled instead of placarded in accordance with subpart E of this part:
(1) A portable tank having a capacity of less than 3,785 L (1000 gallons);
(2) A DOT 106 or 110 multi-unit tank car tank;
(3) A bulk packaging other than a portable tank, cargo tank, or tank car (
(4)
(5) A Large Packaging as defined in § 171.8 of this subchapter.
(a) Each placard on a motor vehicle and each placard on a rail car must be clearly visible from the direction it faces, except from the direction of another transport vehicle or rail car to which the motor vehicle or rail car is coupled. This requirement may be met by the placards displayed on the freight containers or portable tanks loaded on a motor vehicle or rail car.
(b) The required placarding of the front of a motor vehicle may be on the front of a truck-tractor instead of or in addition to the placarding on the front of the cargo body to which a truck-tractor is attached.
(c) Each placard on a transport vehicle, bulk packaging, freight container or aircraft unit load device must—
(1) Be securely attached or affixed thereto or placed in a holder thereon. (See appendix C to this part.);
(2) Be located clear of appurtenances and devices such as ladders, pipes, doors, and tarpaulins;
(3) So far as practicable, be located so that dirt or water is not directed to it from the wheels of the transport vehicle;
(4) Be located away from any marking (such as advertising) that could substantially reduce its effectiveness, and in any case at least 3 inches (76.0 mm.) away from such marking;
(5) Have the words or identification number (when authorized) printed on it displayed horizontally, reading from left to right;
(6) Be maintained by the carrier in a condition so that the format, legibility, color, and visibility of the placard will not be substantially reduced due to damage, deterioration, or obscurement by dirt or other matter;
(7) Be affixed to a background of contrasting color, or must have a dotted or solid line outer border which contrasts with the background color.
(d) Recommended specifications for a placard holder are set forth in appendix C of this part. Except for a placard holder similar to that contained in appendix C to this part, the means used to attach a placard may not obscure any part of its surface other than the borders.
(e) A placard or placard holder may be hinged provided the required format, color, and legibility of the placard are maintained.
(a)
(1) A placard may be made of any plastic, metal or other material capable of withstanding, without deterioration or a substantial reduction in effectiveness, a 30-day exposure to open weather conditions.
(2) A placard made of tagboard must be at least equal to that designated commercially as white tagboard. Tagboard must have a weight of at least 80 kg (176 pounds) per ream of 610 by 910 mm (24 by 36-inch) sheets, waterproofing materials included. In addition, each placard made of tagboard must be able to pass a 414 kPa (60 p.s.i.) Mullen test.
(3) Reflective or retroreflective materials may be used on a placard if the prescribed colors, strength and durability are maintained.
(b)
(2) The dotted line border shown on each placard is not part of the placard specification. However, a dotted or solid line outer border may be used when needed to indicate the full size of a placard that is part of a larger format or is on a background of a non-contrasting color.
(3) For other than Class 7 or the DANGEROUS placard, text indicating a hazard (for example, “FLAMMABLE”) is not required. Text may be omitted from the OXYGEN placard only if the specific identification number is displayed on the placard.
(4) For a placard corresponding to the primary or subsidiary hazard class of a material, the hazard class or division number must be displayed in the lower corner of the placard. However, a permanently affixed subsidiary placard meeting the specifications of this section which were in effect on October 1, 2001, (such as, a placard without the hazard class or division number displayed in the lower corner of the placard) and which was installed prior to September 30, 2001, may continue to be used as a subsidiary placard in domestic transportation by rail or highway, provided the color tolerances are maintained and are in accordance with the display requirements in this subchapter.
(c)
(2) Except as otherwise provided in this subpart, the hazard class or division number, as appropriate, must be shown in numerals measuring at least 41 mm (1.6 inches) in height.
(3) Except as otherwise provided in this subpart, when text indicating a hazard is displayed on a placard, the printing must be in letters measuring at least 41 mm (1.6 inches) in height.
(d)
(2) Black and any color on a placard must be able to withstand, without substantial change—
(i) A 72-hour fadeometer test (for a description of equipment designed for this purpose, see ASTM G 23-69 or ASTM G 26-70); and
(ii) A 30-day exposure to open weather.
(3) Upon visual examination, a color on a placard must fall within the color tolerances displayed on the appropriate Hazardous Materials Label and Placard Color Tolerance Chart (see § 172.407(d)(4)). As an alternative, the PANTONE
(4) The placard color must extend to the inner border and may extend to the edge of the placard in the area designated on each placard except the color on the CORROSIVE and RADIOACTIVE placards (black and yellow, respectively) must extend only to the inner border.
(e)
(f)
(g)
(a) Except for size and color, the DANGEROUS placard must be as follows:
(b) In addition to meeting the requirements of § 172.519, and appendix B to this part, the DANGEROUS placard must have a red upper and lower triangle. The placard center area and
(a) Except for size and color, the EXPLOSIVES 1.1, EXPLOSIVES 1.2 and EXPLOSIVES 1.3 placards must be as follows:
(b) In addition to complying with § 172.519 of this subpart, the background color on the EXPLOSIVES 1.1, EXPLOSIVES 1.2, and EXPLOSIVES 1.3 placards must be orange. The “*” shall be replaced with the appropriate division number and, when required, appropriate compatibility group letter. The symbol, text, numerals and inner border must be black.
(a) Except for size and color, the EXPLOSIVES 1.4 placard must be as follows:
(b) In addition to complying with § 172.519 of this subpart, the background color on the EXPLOSIVES 1.4 placard must be orange. The “*” shall be replaced, when required, with the appropriate compatibility group letter. The division numeral, 1.4, must measure at least 64 mm (2.5 inches) in height. The text, numerals and inner border must be black.
(a) Except for size and color, the EXPLOSIVES 1.5 placard must be as follows:
(b) In addition to complying with the § 172.519 of this subpart, the background color on EXPLOSIVES 1.5 placard must be orange. The “*” shall be replaced, when required, with the appropriate compatibility group letter. The division numeral, 1.5, must measure at least 64 mm (2.5 inches) in height. The text, numerals and inner border must be black.
(a) Except for size and color the EXPLOSIVES 1.6 placard must be as follows:
(b) In addition to complying with § 172.519 of this subpart, the background color on the EXPLOSIVES 1.6 placard must be orange. The “*” shall be replaced, when required, with the appropriate compatibility group letter. The division numeral, 1.6, must measure at least 64 mm (2.5 inches) in height. The text, numerals and inner border must be black.
(a) Except for size and color, the square background required by § 172.510(a) for certain placards on rail cars, and § 172.507 for placards on motor vehicles containing a package of highway route controlled quantity radioactive materials, must be as follows:
(b) In addition to meeting the requirements of § 172.519 for minimum durability and strength, the square background must consist of a white square measuring 14
(a) Except for size and color, the NON-FLAMMABLE GAS placard must be as follows:
(b) In addition to complying with § 172.519, the background color on the NON-FLAMMABLE GAS placard must be green. The letters in both words must be at least 38 mm (1.5 inches) high. The symbol, text, class number and inner border must be white.
(a) Except for size and color, the OXYGEN placard must be as follows:
(b) In addition to complying with § 172.519 of this subpart, the background color on the OXYGEN placard must be yellow. The symbol, text, class number and inner border must be black.
(a) Except for size and color, the FLAMMABLE GAS placard must be as follows:
(b) In addition to complying with § 172.519, the background color on the
(a) Except for size and color, the POISON GAS placard must be as follows:
(b) In addition to complying with § 172.519, the background on the POISON GAS placard and the symbol must be white. The background of the upper diamond must be black and the lower point of the upper diamond must be 65 mm (2
(a) Except for size and color, the FLAMMABLE placard must be as follows:
(b) In addition to complying with § 172.519, the background color on the FLAMMABLE placard must be red. The symbol, text, class number and inner border must be white.
(c) The word “GASOLINE” may be used in place of the word “FLAMMABLE” on a placard that is displayed on a cargo tank or a portable tank being used to transport gasoline by highway. The word “GASOLINE” must be shown in white.
(a) Except for size and color, the COMBUSTIBLE placard must be as follows:
(b) In addition to complying with § 172.519, the background color on the COMBUSTIBLE placard must be red.
(c) The words “FUEL OIL” may be used in place of the word “COMBUSTIBLE” on a placard that is displayed on a cargo tank or portable tank being used to transport by highway fuel oil that is not classed as a flammable liquid. The words “FUEL OIL” must be white.
(a) Except for size and color, the FLAMMABLE SOLID placard must be as follows:
(b) In addition to complying with § 172.519, the background on the FLAMMABLE SOLID placard must be white with seven vertical red stripes. The stripes must be equally spaced, with one red stripe placed in the center of the label. Each red stripe and each white space between two red stripes must be 25 mm (1.0 inches) wide. The letters in the word “SOLID” must be at least 38.1 mm (1.5 inches) high. The symbol, text, class number and inner border must be black.
(a) Except for size and color, the SPONTANEOUSLY COMBUSTIBLE placard must be as follows:
(b) In addition to complying with § 172.519, the background color on the SPONTANEOUSLY COMBUSTIBLE placard must be red in the lower half and white in upper half. The letters in the word “SPONTANEOUSLY” must be at least 12 mm (0.5 inch) high. The symbol, text, class number and inner border must be black.
(a) Except for size and color, the DANGEROUS WHEN WET placard must be as follows:
(b) In addition to complying with § 172.519, the background color on the DANGEROUS WHEN WET placard must be blue. The letters in the words
(a) Except for size and color, the OXIDIZER placard must be as follows:
(b) In addition to complying with § 172.519, the background color on the OXIDIZER placard must be yellow. The symbol, text, division number and inner border must be black.
(a) Except for size and color, the ORGANIC PEROXIDE placard must be as follows:
(b) In addition to complying with § 172.519, the background on the ORGANIC PEROXIDE placard must be red in the top half and yellow in the lower half. The text, division number and inner border must be black; the symbol may be either black or white.
(c) For transportation by highway, a Division 5.2 placard conforming to the specifications in this section in effect on December 31, 2006 may continue to be used until January 1, 2014.
(a) Except for size and color, the POISON placard must be as follows:
(b) In addition to complying with § 172.519, the background on the POISON placard must be white. The symbol, text, class number and inner border must be black. The word “TOXIC” may be used in lieu of the word “POISON”.
(a) Except for size and color, the POISON INHALATION HAZARD placard must be as follows:
(b) In addition to complying with § 172.519, the background on the POISON INHALATION HAZARD placard and the symbol must be white. The background of the upper diamond must be black and the lower point of the upper diamond must be 65 mm (2
(a) Except for size and color, the RADIOACTIVE placard must be as follows:
(b) In addition to complying with § 172.519, the background color on the RADIOACTIVE placard must be white in the lower portion with a yellow triangle in the upper portion. The base of the yellow triangle must be 29 mm ±5 mm (1.1 inches ±0.2 inches) above the placard horizontal center line. The symbol, text, class number and inner border must be black.
(a) Except for size and color, the CORROSIVE placard must be as follows:
(b) In addition to complying with § 172.519, the background color on the CORROSIVE placard must be black in the lower portion with a white triangle in the upper portion. The base of the white triangle must be 38 mm ±5 mm (1.5 inches ±0.2 inches) above the placard horizontal center line. The text and class number must be white. The symbol and inner border must be black.
(a) Except for size and color the CLASS 9 (miscellaneous hazardous materials) placard must be as follows:
(b) In addition to conformance with § 172.519, the background on the CLASS 9 placard must be white with seven black vertical stripes on the top half extending from the top of the placard to one inch above the horizontal centerline. The black vertical stripes must be spaced so that, visually, they appear equal in width to the six white spaces between them. The space below the vertical lines must be white with the class number 9 underlined and centered at the bottom.
(a)
(b)
(c)
(1) Emergency response information conforming to this subpart is immediately available for use at all times the hazardous material is present; and
(2) Emergency response information, including the emergency response telephone number, required by this subpart is immediately available to any person who, as a representative of a Federal, State or local government agency, responds to an incident involving a hazardous material, or is conducting an investigation which involves a hazardous material.
(d)
(a)
(1) The basic description and technical name of the hazardous material as required by §§ 172.202 and 172.203(k), the ICAO Technical Instructions, the IMDG Code, or the TDG Regulations, as appropriate (IBR, see § 171.7 of this subchapter);
(2) Immediate hazards to health;
(3) Risks of fire or explosion;
(4) Immediate precautions to be taken in the event of an accident or incident;
(5) Immediate methods for handling fires;
(6) Initial methods for handling spills or leaks in the absence of fire; and
(7) Preliminary first aid measures.
(b)
(1) Printed legibly in English;
(2) Available for use away from the package containing the hazardous material; and
(3) Presented—
(i) On a shipping paper;
(ii) In a document, other than a shipping paper, that includes both the basic description and technical name of the hazardous material as required by §§ 172.202 and 172.203(k), the ICAO Technical Instructions, the IMDG Code, or the TDG Regulations, as appropriate, and the emergency response information required by this subpart (e.g., a material safety data sheet); or
(iii) Related to the information on a shipping paper, a written notification to pilot-in-command, or a dangerous cargo manifest, in a separate document
(c)
(1)
(2)
(a) A person who offers a hazardous material for transportation must provide an emergency response telephone number, including the area code, for use in the event of an emergency involving the hazardous material. For telephone numbers outside the United States, the international access code or the “+” (plus) sign, country code, and city code, as appropriate, must be included. The telephone number must be—
(1) Monitored at all times the hazardous material is in transportation, including storage incidental to transportation;
(2) The telephone number of a person who is either knowledgeable of the hazardous material being shipped and has comprehensive emergency response and incident mitigation information for that material, or has immediate access to a person who possesses such knowledge and information. A telephone number that requires a call back (such as an answering service, answering machine, or beeper device) does not meet the requirements of paragraph (a) of this section; and
(3) Entered on a shipping paper, as follows:
(i) Immediately following the description of the hazardous material required by subpart C of this part; or
(ii) Entered once on the shipping paper in a prominent, readily identifiable, and clearly visible manner that allows the information to be easily and quickly found, such as by highlighting, use of a larger font or a font that is a different color from other text and information, or otherwise setting the information apart to provide for quick and easy recognition. This provision may be used only if the telephone number applies to each hazardous material entered on the shipping paper, and if it is indicated that the telephone number is for emergency response information (for example: “EMERGENCY CONTACT: * * *”).
(b) The telephone number required by paragraph (a) of this section must be -
(1) The number of the person offering the hazardous material for transportation when that person is also the emergency response information provider (ERI provider). The name of the person, or contract number or other unique identifier assigned by an ERI provider, identified with the emergency response telephone number must be entered on the shipping paper immediately before, after, above, or below
(2) The number of an agency or organization capable of, and accepting responsibility for, providing the detailed information required by paragraph (a)(2) of this section. The person who is registered with the ERI provider must ensure that the agency or organization has received current information on the material before it is offered for transportation. The person who is registered with the ERI provider must be identified by name, or contract number or other unique identifier assigned by the ERI provider, on the shipping paper immediately before, after, above, or below the emergency response telephone number in a prominent, readily identifiable, and clearly visible manner that allows the information to be easily and quickly found, unless the name or identifier is entered elsewhere in a prominent manner as provided in paragraph (b)(1) of this section.
(c) A person preparing shipping papers for continued transportation in commerce must include the information required by this section. If the person preparing shipping papers for continued transportation in commerce elects to assume responsibility for providing the emergency response telephone number required by this section, the person must ensure that all the requirements of this section are met.
(d) The requirements of this section do not apply to—
(1) Hazardous materials that are offered for transportation under the provisions applicable to limited quantities; and
(2) Materials properly described under the following shipping names:
(3) Transportation vehicles or freight containers containing lading that has been fumigated and displaying the FUMIGANT marking (
(a) Each carrier who transports or accepts for transportation a hazardous material for which a shipping paper is required shall instruct the operator of a motor vehicle, train, aircraft, or vessel to contact the carrier (e.g., by telephone or mobile radio) in the event of an incident involving the hazardous material.
(b) For transportation by highway, if a transport vehicle, (e.g., a semi-trailer or freight container-on-chassis) contains hazardous material for which a shipping paper is required and the vehicle is separated from its motive power and parked at a location other than a facility operated by the consignor or consignee or a facility (e.g., a carrier's terminal or a marine terminal) subject to the provisions of § 172.602(c)(2), the carrier shall—
(1) Mark the transport vehicle with the telephone number of the motor carrier on the front exterior near the brake hose and electrical connections or on a label, tag, or sign attached to the vehicle at the brake hose or electrical connection; or
(2) Have the shipping paper and emergency response information readily available on the transport vehicle.
(c) The requirements specified in paragraph (b) of this section do not apply to an unattended motor vehicle separated from its motive power when the motor vehicle is marked on an orange panel, a placard, or a plain white square-on-point configuration with the identification number of each hazardous material loaded therein, and the
(a)
(b)
(c)
This subpart and the parts referenced in § 172.700(c) prescribe minimum training requirements for the transportation of hazardous materials. For motor vehicle drivers, however, a State may impose more stringent training requirements only if those requirements—
(a) Do not conflict with the training requirements in this subpart and in part 177 of this subchapter; and
(b) Apply only to drivers domiciled in that State.
(a) A hazmat employer shall ensure that each of its hazmat employees is trained in accordance with the requirements prescribed in this subpart.
(b) Except as provided in § 172.704(c)(1), a hazmat employee who performs any function subject to the requirements of this subchapter may not perform that function unless instructed in the requirements of this subchapter that apply to that function. It is the duty of each hazmat employer to comply with the applicable requirements of this subchapter and to thoroughly instruct each hazmat employee in relation thereto.
(c) Training may be provided by the hazmat employer or other public or private sources.
(d) A hazmat employer shall ensure that each of its hazmat employees is tested by appropriate means on the training subjects covered in § 172.704.
(a) Hazmat employee training must include the following:
(1)
(2)
(ii) As an alternative to function-specific training on the requirements of this subchapter, training relating to the requirements of the ICAO Technical Instructions and the IMDG Code may be provided to the extent such training addresses functions authorized by subpart C of part 171 of this subchapter.
(3)
(i) Emergency response information required by subpart G of part 172;
(ii) Measures to protect the employee from the hazards associated with hazardous materials to which they may be exposed in the work place, including
(iii) Methods and procedures for avoiding accidents, such as the proper procedures for handling packages containing hazardous materials.
(4)
(5)
(b)
(c)
(i) The employee performs those functions under the direct supervision of a properly trained and knowledgeable hazmat employee; and
(ii) The training is completed within 90 days after employment or a change in job function.
(2)
(3)
(4)
(d)
(1) The hazmat employee's name;
(2) The most recent training completion date of the hazmat employee's training;
(3) A description, copy, or the location of the training materials used to meet the requirements in paragraph (a) of this section;
(4) The name and address of the person providing the training; and
(5) Certification that the hazmat employee has been trained and tested, as required by this subpart.
(e)
(1) A hazmat employee who repairs, modifies, reconditions, or tests packagings, as qualified for use in the transportation of hazardous materials, and who does not perform any other function subject to the requirements of this subchapter, is not subject to the training requirement of paragraph (a)(3) of this section.
(2) A railroad maintenance-of-way employee or railroad signalman, who does not perform any function subject to the requirements of this subchapter, is not subject to the training requirements of paragraphs (a)(2), (a)(4), or (a)(5) of this section. Initial training for a railroad maintenance-of-way employee or railroad signalman in accordance with this section must be completed by October 1, 2006.
(a)
(b)
(1) Any quantity of a Division 1.1, 1.2, or 1.3 material;
(2) A quantity of a Division 1.4, 1.5, or 1.6 material requiring placarding in accordance with subpart F of this part;
(3) A large bulk quantity of Division 2.1 material;
(4) A large bulk quantity of Division 2.2 material with a subsidiary hazard of 5.1;
(5) Any quantity of a material poisonous by inhalation, as defined in § 171.8 of this subchapter;
(6) A large bulk quantity of a Class 3 material meeting the criteria for Packing Group I or II;
(7) A quantity of desensitized explosives meeting the definition of Division 4.1 or Class 3 material requiring placarding in accordance with subpart F of this part;
(8) A large bulk quantity of a Division 4.2 material meeting the criteria for Packing Group I or II;
(9) A quantity of a Division 4.3 material requiring placarding in accordance with subpart F of this part;
(10) A large bulk quantity of a Division 5.1 material in Packing Groups I and II; perchlorates; or ammonium nitrate, ammonium nitrate fertilizers, or ammonium nitrate emulsions, suspensions, or gels;
(11) Any quantity of organic peroxide, Type B, liquid or solid, temperature controlled;
(12) A large bulk quantity of Division 6.1 material (for a material poisonous by inhalation see paragraph (5) above);
(13) A select agent or toxin regulated by the Centers for Disease Control and Prevention under 42 CFR part 73 or the United States Department of Agriculture under 9 CFR part 121;
(14) A quantity of uranium hexafluoride requiring placarding under § 172.505(b);
(15) International Atomic Energy Agency (IAEA) Code of Conduct Category 1 and 2 materials including Highway Route Controlled quantities as defined in 49 CFR 173.403 or known radionuclides in forms listed as RAM-QC by the Nuclear Regulatory Commission;
(16) A large bulk quantity of Class 8 material meeting the criteria for Packing Group I.
(c)
(1) Conducted by highway or rail;
(2) In direct support of their farming operations; and
(3) Conducted within a 150-mile radius of those operations.
(a) The security plan must include an assessment of transportation security risks for shipments of the hazardous materials listed in § 172.800, including site-specific or location-specific risks associated with facilities at which the hazardous materials listed in § 172.800 are prepared for transportation, stored, or unloaded incidental to movement, and appropriate measures to address the assessed risks. Specific measures put into place by the plan may vary commensurate with the level of threat at a particular time. At a minimum, a security plan must include the following elements:
(1)
(2)
(3)
(b) The security plan must also include the following:
(1) Identification by job title of the senior management official responsible for overall development and implementation of the security plan;
(2) Security duties for each position or department that is responsible for implementing the plan or a portion of the plan and the process of notifying employees when specific elements of the security plan must be implemented; and
(3) A plan for training hazmat employees in accordance with § 172.704 (a)(4) and (a)(5) of this part.
(c) The security plan, including the transportation security risk assessment developed in accordance with paragraph (a) of this section, must be in writing and must be retained for as long as it remains in effect. The security plan must be reviewed at least annually and revised and/or updated as necessary to reflect changing circumstances. The most recent version of the security plan, or portions thereof, must be available to the employees who are responsible for implementing it, consistent with personnel security clearance or background investigation restrictions and a demonstrated need to know. When the security plan is updated or revised, all employees responsible for implementing it must be notified and all copies of the plan must be maintained as of the date of the most recent revision.
(d) Each person required to develop and implement a security plan in accordance with this subpart must maintain a copy of the security plan (or an electronic file thereof) that is accessible at, or through, its principal place of business and must make the security plan available upon request, at a reasonable time and location, to an authorized official of the Department of Transportation or the Department of Homeland Security.
To avoid unnecessary duplication of security requirements, security plans that conform to regulations, standards, protocols, or guidelines issued by other Federal agencies, international organizations, or industry organizations may be used to satisfy the requirements in this subpart, provided such security
(a)
(1) More than 2,268 kg (5,000 lbs) in a single carload of a Division 1.1, 1.2 or 1.3 explosive;
(2) A quantity of a material poisonous by inhalation in a single bulk packaging; or
(3) A highway route-controlled quantity of a Class 7 (radioactive) material, as defined in § 173.403 of this subchapter.
(b) Not later than 90 days after the end of each calendar year, a rail carrier must compile commodity data for the previous calendar year for the materials listed in paragraph (a) of this section. The following stipulations apply to data collected:
(1) Commodity data must be collected by route, a line segment or series of line segments as aggregated by the rail carrier. Within the rail carrier selected route, the commodity data must identify the geographic location of the route and the total number of shipments by UN identification number for the materials specified in paragraph (a) of this section.
(2) A carrier may compile commodity data, by UN number, for all Class 7 materials transported (instead of only highway route controlled quantities of Class 7 materials) and for all Division 6.1 materials transported (instead of only Division 6.1 poison inhalation hazard materials).
(c)
(1) The safety and security risks present must be analyzed for the route and railroad facilities along the route. For purposes of this section, railroad facilities are railroad property including, but not limited to, classification and switching yards, storage facilities, and non-private sidings. This term does not include an offeror's facility, private track, private siding, or consignee's facility.
(2) In performing the analysis required by this paragraph, the rail carrier must seek relevant information from state, local, and tribal officials, as appropriate, regarding security risks to high-consequence targets along or in proximity to the route(s) utilized. If a rail carrier is unable to acquire relevant information from state, local, or tribal officials, then it must document that in its analysis. For purposes of this section, a high-consequence target means a property, natural resource, location, area, or other target designated by the Secretary of Homeland Security that is a viable terrorist target of national significance, the attack of which by railroad could result in catastrophic loss of life, significant damage to national security or defense capabilities, or national economic harm.
(d)
(i) Safety and security risks presented by use of the alternative route(s);
(ii) Comparison of the safety and security risks of the alternative(s) to the primary rail transportation route, including the risk of a catastrophic release from a shipment traveling along each route;
(iii) Any remediation or mitigation measures implemented on the primary or alternative route(s); and
(iv) Potential economic effects of using the alternative route(s), including but not limited to the economics of the commodity, route, and customer relationship.
(2) In performing the analysis required by this paragraph, the rail carrier should seek relevant information from state, local, and tribal officials, as appropriate, regarding security risks to high-consequence targets along or in proximity to the alternative routes. If a rail carrier determines that it is not appropriate to seek such relevant information, then it must explain its reasoning for that determination in its analysis.
(e)
(f)
(2) The initial analysis and route selection determinations required under paragraphs (c), (d), and (e) of this section must include a comprehensive review of the entire system. Subsequent analyses and route selection determinations required under paragraphs (c), (d), and (e) of this section must include a comprehensive, system-wide review of all operational changes, infrastructure modifications, traffic adjustments, changes in the nature of high-consequence targets located along, or in proximity to, the route, and any other changes affecting the safety or security of the movements of the materials specified in paragraph (a) of this section that were implemented during the calendar year.
(3) A rail carrier need not perform a rail transportation route analysis, alternative route analysis, or route selection process for any hazardous material other than the materials specified in paragraph (a) of this section.
(g)
(1) State and/or regional Fusion Centers that have been established to coordinate with state, local and tribal officials on security issues and which are located within the area encompassed by the rail carrier's rail system; and
(2) State, local, and tribal officials in jurisdictions that may be affected by a rail carrier's routing decisions and who directly contact the railroad to discuss routing decisions.
(h)
(1) A procedure under which the rail carrier must consult with offerors and consignees in order to develop measures for minimizing, to the extent practicable, the duration of any storage of the material incidental to movement (see § 171.8 of this subchapter).
(2) Measures to prevent unauthorized access to the materials during storage or delays in transit.
(3) Measures to mitigate risk to population centers associated with in-transit storage.
(4) Measures to be taken in the event of an escalating threat level for materials stored in transit.
(5) Procedures for notifying the consignee in the event of a significant delay during transportation; such notification must be completed within 48 hours after the carrier has identified the delay and must include a revised delivery schedule. A significant delay is one that compromises the safety or security of the hazardous material or delays the shipment beyond its normal expected or planned shipping time. Notification should be made by a method acceptable to both the rail carrier and consignee.
(i)
(2) Each rail carrier must restrict the distribution, disclosure, and availability of information collected or developed in accordance with paragraphs (c), (d), (e), and (f) of this section to covered persons with a need-to-know, as described in parts 15 and 1520 of this title.
(j)
A law, order, or other directive of a state, political subdivision of a state, or an Indian tribe that designates, limits, or prohibits the use of a rail line (other than a rail line owned by a state, political subdivision of a state, or an Indian tribe) for the transportation of hazardous materials, including, but not limited to, the materials specified in § 172.820(a), is preempted. 49 U.S.C. 5125, 20106.
The following are Munsell notations and Commission Internationale de L'Eclairage (CIE) coordinates which describe the Office of Hazardous Materials Transportation Label and Placard Color Tolerance Charts in tables 1 and 2, and the CIE coordinates for the color tolerances specified in table 3. Central colors and tolerances described in table 2 approximate those described in table 1 while allowing for differences in production methods and materials used to manufacture labels and placards surfaced with printing inks. Primarily, the color charts based on table 1 are for label or placard colors applied as opaque coatings such as paint, enamel or plastic, whereas color charts based on table 2 are intended for use with labels and placards surfaced only with inks.
For labels printed directly on packaging surfaces, table 3 may be used, although compliance with either table 1 or table 2 is sufficient. However, if visual reference indicates that the colors of labels printed directly on package surfaces are outside the table 1 or 2 tolerances, a spectrophotometer or other instrumentation may be required to insure compliance with table 3.
1. Except as provided in paragraph 2 of this appendix, the trefoil symbol required for RADIOACTIVE labels and placards and required to be marked on certain packages of Class 7 materials must conform to the design and size requirements of this appendix.
2. RADIOACTIVE labels and placards that were printed prior to April 1, 1996, in conformance with the requirements of this subchapter in effect on March 30, 1996, may continue to be used.
A. This appendix sets forth the minimum criteria that must be considered by rail carriers when performing the safety and security risk analyses required by § 172.820. The risk analysis to be performed may be quantitative, qualitative, or a combination of both. In addition to clearly identifying the hazardous material(s) and route(s) being analyzed, the analysis must provide a thorough description of the threats, identified vulnerabilities, and mitigation measures implemented to address identified vulnerabilities.
B. In evaluating the safety and security of hazardous materials transport, selection of the route for transportation is critical. For the purpose of rail transportation route analysis, as specified in § 172.820(c) and (d), a route may include the point where the carrier takes possession of the material and all track and railroad facilities up to the point
C. Because of the varying operating environments and interconnected nature of the rail system, each carrier must select and document the analysis method/model used and identify the routes to be analyzed.
D. The safety and security risk analysis must consider current data and information as well as changes that may reasonably be anticipated to occur during the analysis year. Factors to be considered in the performance of this safety and security risk analysis include:
1. Volume of hazardous material transported;
2. Rail traffic density;
3. Trip length for route;
4. Presence and characteristics of railroad facilities;
5. Track type, class, and maintenance schedule;
6. Track grade and curvature;
7. Presence or absence of signals and train control systems along the route (“dark” versus signaled territory);
8. Presence or absence of wayside hazard detectors;
9. Number and types of grade crossings;
10. Single versus double track territory;
11. Frequency and location of track turnouts;
12. Proximity to iconic targets;
13. Environmentally sensitive or significant areas;
14. Population density along the route;
15. Venues along the route (stations, events, places of congregation);
16. Emergency response capability along the route;
17. Areas of high consequence along the route, including high consequence targets as defined in § 172.820(c);
18. Presence of passenger traffic along route (shared track);
19. Speed of train operations;
20. Proximity to en-route storage or repair facilities;
21. Known threats, including any non-public threat scenarios provided by the Department of Homeland Security or the Department of Transportation for carrier use in the development of the route assessment;
22. Measures in place to address apparent safety and security risks;
23. Availability of practicable alternative routes;
24. Past incidents;
25. Overall times in transit;
26. Training and skill level of crews; and
27. Impact on rail network traffic and congestion.
49 U.S.C. 5101-5128, 44701; 49 CFR 1.45, 1.53.
Nomenclature changes to part 173 appear at 70 FR 56098, Sept. 23, 2005.
(a) This part includes:
(1) Definitions of hazardous materials for transportation purposes;
(2) Requirements to be observed in preparing hazardous materials for shipment by air, highway, rail, or water, or any combination thereof; and
(3) Inspection, testing, and retesting responsibilities for persons who retest, recondition, maintain, repair and rebuild containers used or intended for use in the transportation of hazardous materials.
(b) A shipment of hazardous materials that is not prepared in accordance with this subchapter may not be offered for transportation by air, highway, rail, or water. It is the responsibility of each hazmat employer subject to the requirements of this subchapter to ensure that each hazmat employee is trained in accordance with the requirements prescribed in this subchapter. It is the duty of each person who offers hazardous materials for transportation to instruct each of his officers, agents, and employees having any responsibility for preparing hazardous materials for shipment as to applicable regulations in this subchapter.
(c) In general, the Hazardous Materials Regulations (HMR) contained in this subchapter are based on the UN Recommendations and are consistent with international regulations issued by the International Civil Aviation Organization (ICAO Technical Instructions) and the International Maritime Organization (IMDG Code). However, the HMR are not consistent in all respects with the UN Recommendations, the ICAO Technical Instructions or the IMDG Code, and compliance with the HMR will not guarantee acceptance by regulatory bodies outside of the United States.
The hazard class of a hazardous material is indicated either by its class (or division) number, its class name, or by the letters “ORM-D”. The following table lists class numbers, division numbers, class or division names and those sections of this subchapter which contain definitions for classifying hazardous materials, including forbidden materials.
(a)
(1) Class 7 (radioactive materials, other than limited quantities).
(2) Division 2.3 (poisonous gases).
(3) Division 2.1 (flammable gases).
(4) Division 2.2 (nonflammable gases).
(5) Division 6.1 (poisonous liquids), Packing Group I, poisonous-by-inhalation only.
(6) A material that meets the definition of a pyrophoric material in § 173.124(b)(1) of this subchapter (Division 4.2).
(7) A material that meets the definition of a self-reactive material in § 173.124(a)(2) of this subchapter (Division 4.1).
(8) Class 3 (flammable liquids), Class 8 (corrosive materials), Division 4.1 (flammable solids), Division 4.2 (spontaneously combustible materials), Division 4.3 (dangerous when wet materials), Division 5.1 (oxidizers) or Division 6.1 (poisonous liquids or solids other than Packing Group I, poisonous-by-inhalation). The hazard class and packing group for a material meeting more than one of these hazards shall be determined using the precedence table in paragraph (b) of this section.
(9) Combustible liquids.
(10) Class 9 (miscellaneous hazardous materials).
(b)
The most stringent packing group assigned to a hazard of the material takes precedence over other packing groups; for example, a material meeting Class 3 PG II and Division 6.1 PG I (oral toxicity) is classified as Class 3 PG I.
A material which meets the definition of Class 8 and has an inhalation toxicity by dusts and mists which meets criteria for Packing Group I specified in § 173.133(a)(1) must be classed as Division 6.1 if the oral or dermal toxicity meets criteria for Packing Group I or II. If the oral or dermal toxicity meets criteria for Packing Group III or less, the material must be classed as Class 8.
(c) The following materials are not subject to the provisions of paragraph (a) of this section because of their unique properties:
(1) A Class 1 (explosive) material that meets any other hazard class or division as defined in this part shall be assigned a division in Class 1. Class 1 materials shall be classed and approved in accordance with § 173.56 of this part;
(2) A Division 5.2 (organic peroxide) material that meets the definition of any other hazard class or division as defined in this part, shall be classed as Division 5.2;
(3) A Division 6.2 (infectious substance) material that also meets the definition of another hazard class or division, other than Class 7, or that also is a limited quantity Class 7 material, shall be classed as Division 6.2;
(4) A material that meets the definition of a wetted explosive in § 173.124(a)(1) of this subchapter (Division 4.1). Wetted explosives are either specifically listed in the § 172.101 table or are approved by the Associate Administrator (see § 173.124(a)(1) of this subchapter); and
(5) A limited quantity of a Class 7 (radioactive) material that meets the definition for more than one hazard class or division shall be classed in accordance with § 173.423.
(a) The packaging of hazardous materials for transportation by air, highway, rail, or water must be as specified in this part. Methods of manufacture, packing, and storage of hazardous materials, that affect safety in transportation, must be open to inspection by a duly authorized representative of the initial carrier or of the Department. Methods of manufacture and related functions necessary for completion of a DOT specification or U.N. standard packaging must be open to inspection by a representative of the Department.
(b) The regulations setting forth packaging requirements for a specific material apply to all modes of transportation unless otherwise stated, or unless exceptions from packaging requirements are authorized.
(c)
(1) Except as provided in paragraph (c)(7) of this section, the drum must be a UN 1A2, 1B2, 1N2 or 1H2 tested and marked for Packing Group III or higher performance standards for liquids or solids and a leakproofness test of 20 kPa (3 psig). Alternatively, a drum manufactured and marked prior to October 1, 1993 as a salvage drum, in accordance with the provisions of this section in effect on September 30, 1991, is authorized. Capacity of the drum may not exceed 450 L (119 gallons).
(2) Each drum shall be provided when necessary with sufficient cushioning and absorption material to prevent excessive shifting of the damaged package and to eliminate the presence of any free liquid at the time the salvage drum is closed. All cushioning and absorbent material used in the drum
(3) Each salvage packaging must be marked with the proper shipping name of the hazardous material inside the packaging and the name and address of the consignee. In addition, the packaging must be marked “SALVAGE” or “SALVAGE DRUM”.
(4) Each drum shall be labeled as prescribed for the respective material.
(5) The shipper shall prepare shipping papers in accordance with subpart C of part 172 of this subchapter.
(6) The overpack requirements of § 173.25 do not apply to drums used in accordance with this paragraph.
(7) A salvage packaging marked “T” in accordance with applicable provisions in the UN Recommendations may be used.
(d)
(1) Only a cylinder containing a Division 2.1, 2.2, 2.3, 3, 6.1, or a Class 8 material may be overpacked in a salvage cylinder. A cylinder containing acetylene may not be overpacked in a salvage cylinder.
(2) Each salvage cylinder—
(i) Must be designed, constructed and marked in accordance with Section VIII, Division I of the ASME Code (IBR,
(ii) Must have a maximum water capacity of 450 L (119 gallons).
(iii) Except for liquefied nitrous oxide and carbon dioxide, contents of the damaged or leaking cylinder must be limited in pressure and volume so that if totally discharged into the salvage cylinder, the pressure in the salvage cylinder will not exceed
(iv) Must have gaskets, valves and fittings that are compatible with the hazardous materials contained within.
(3) Each salvage cylinder must be plainly and durably marked. Unless otherwise specified, the markings below must be in the same area on any portion of the upper end:
(i) The proper shipping name of the hazardous material contained inside the packaging;
(ii) The name and address of the consignee or consignor;
(iii) The name and address or registered symbol of the manufacturer; and
(iv) The words “SALVAGE CYLINDER” in letters at least 50 mm (2.0 inches) high on opposite sides near the middle of the cylinder; stamping on the sidewall is not authorized.
(4) Each salvage cylinder must be labeled for the hazardous material contained inside the packaging.
(5) The shipper must prepare shipping papers in accordance with subpart C of part 172 of this subchapter.
(6) Transportation is authorized by motor vehicle and cargo vessel only.
(7) Each salvage cylinder must be cleaned and purged after each use.
(8) In addition to the training requirements of §§ 172.700 through 172.704 of this subchapter, a person who loads, unloads or transports a salvage cylinder must be trained in handling, loading and unloading the salvage cylinder.
(9) Cylinder Requalification: At least once every five years, each cylinder must be visually inspected (internally and externally) in accordance with CGA Pamphlet C-6 (IBR,
(i) The retest and inspection must be performed by a person familiar with salvage cylinders and trained and experienced in the use of the inspection and testing equipment.
(ii) Each salvage cylinder that is successfully requalified must be durably and legibly marked with the word
(10) Record retention: The owner of each salvage cylinder or his authorized agent shall retain a record of the most recent visual inspection and pressure test until the salvage cylinder is requalified. The records must be made available to a DOT representative upon request.
(e)
(2) A DOT 106A500 multi-unit tank car tank containing chlorine or sulphur dioxide that has developed a leak in the valve or fusible plug may be temporarily repaired by trained personnel using a Chlorine Institute Kit “B” (IBR,
(3) Training for personnel making the repairs in paragraphs (d)(1) and (d)(2) of this section must include:
(i) Proper use of the devices and tools in the applicable kits;
(ii) Use of respiratory equipment and all other safety equipment; and
(iii) Knowledge of the properties of chlorine and sulphur dioxide.
(4) Packagings repaired with “A” or “B” kits must be properly blocked and braced to ensure the packagings are secured in the transport vehicle.
(a) When transported domestically by highway or rail in conformance with this section, quantities of Division 2.2 (except aerosols with no subsidiary hazard), Class 3, Division 4.1, Division 4.2 (PG II and III), Division 4.3 (PG II and III), Division 5.1, Division 5.2, Division 6.1, Class 7, Class 8, and Class 9 materials are not subject to any other requirements when—
(1) The maximum quantity of material per inner receptacle or article is limited to—
(i) Thirty (30) mL (1 ounce) for authorized liquids, other than Division 6.1, Packing Group I, Hazard Zone A or B materials;
(ii) Thirty (30) g (1 ounce) for authorized solid materials;
(iii) One (1) g (0.04 ounce) for authorized materials meeting the definition of a Division 6.1, Packing Group I, Hazard Zone A or B material; and
(iv) An activity level not exceeding that specified in §§ 173.421, 173.424, 173.425 or 173.426, as appropriate, for a package containing a Class 7 (radioactive) material.
(v) Thirty (30) mL water capacity (1.8 cubic inches) for authorized Division 2.2 materials.
(2) With the exception of temperature sensing devices, each inner receptacle:
(i) Is not liquid-full at 55 °C (131 °F), and
(ii) Is constructed of plastic having a minimum thickness of no less than 0.2 mm (0.008 inch), or earthenware, glass, or metal;
(3) Each inner receptacle with a removable closure has its closure held securely in place with wire, tape, or other positive means;
(4) Unless equivalent cushioning and absorbent material surrounds the inside packaging, each inner receptacle
(i) Will not react chemically with the material, and
(ii) Is capable of absorbing the entire contents (if a liquid) of the receptacle;
(5) The inside packaging is securely packed in a strong outer packaging;
(6) The completed package, as demonstrated by prototype testing, is capable of sustaining—
(i) Each of the following free drops made from a height of 1.8 m (5.9 feet) directly onto a solid unyielding surface without breakage or leakage from any inner receptacle and without a substantial reduction in the effectiveness of the package:
(A) One drop flat on bottom;
(B) One drop flat on top;
(C) One drop flat on the long side;
(D) One drop flat on the short side; and
(E) One drop on a corner at the junction of three intersecting edges; and
(ii) A compressive load as specified in § 178.606(c) of this subchapter.
Each of the tests in paragraph (a)(6) of this section may be performed on a different but identical package;
(7) Placement of the material in the package or packing different materials in the package does not result in a violation of § 173.21;
(8) The gross mass of the completed package does not exceed 29 kg (64 pounds);
(9) The package is not opened or otherwise altered until it is no longer in commerce; and
(10) The shipper certifies conformance with this section by marking the outside of the package with the statement “This package conforms to 49 CFR 173.4 for domestic highway or rail transport only.”
(b) A package containing a Class 7 (radioactive) material also must conform to the requirements of § 173.421(a)(1) through (a)(5) or § 173.424(a) through (g), as appropriate.
(c) Packages which contain a Class 2 (other than those authorized in paragraph (a) of this section), Division 4.2 (PG I), or Division 4.3 (PG I) material conforming to paragraphs (a)(1) through (10) of this section may be offered for transportation or transported if approved by the Associate Administrator.
(d) Lithium batteries and cells are not eligible for the exceptions provided in this section.
(a) Excepted quantities of materials other than articles transported in accordance with this section are not subject to any additional requirements of this subchapter except for:
(1) The shipper's responsibilities to properly class their material in accordance with § 173.22 of this subchapter;
(2) Sections 171.15 and 171.16 of this subchapter pertaining to the reporting of incidents; and
(3) For a Class 7 (Radioactive) material the requirements for an excepted package.
(4) Packagings for which retention of liquid is a basic function must be capable of withstanding without leakage the pressure differential specified in § 173.27(c) of this part.
(b)
(1) Division 2.2 material with no subsidiary hazard. An aerosol is not included as authorized Division 2.2 material;
(2) Class 3 materials;
(3) Class 4 (PG II and III) materials except for self-reactive materials;
(4) Division 5.1 (PG II and III);
(5) Division 5.2 materials only when contained in a chemical kit, first aid kit or a polyester resin kit;
(6) Division 6.1, other than PG I, Hazard Zone A or B material;
(7) Class 7, Radioactive material in excepted packages
(8) Class 8 (PG II and III), except for UN2803 (Gallium) and UN2809 (Mercury); and
(9) Class 9, except for UN1845 (Carbon dioxide, solid or Dry ice), and lithium batteries and cells.
(c)
(1) For toxic material with a Division 6.1 primary or subsidiary hazard, PG I or II—
(i) 1 g (0.04 ounce) for solids; or
(ii) 1 mL (0.03 ounce) for liquids;
(2) 30 g (1 ounce) or 30 mL (1 ounce) for solids or liquids other than those covered in paragraph (c)(1) of this section; and
(3) For gases a water capacity of 30 mL (1.8 cubic inches) or less.
(d)
(1) For other than a Division 2.2 or Division 5.2 material:
(i) Packing Group I—300 g (0.66 pounds) for solids or 300 mL (0.08 gallons) for liquids;
(ii) Packing Group II—500 g (1.1 pounds) for solids or 500 mL (0.1 gallons) for liquids;
(iii) Packing Group III—1 kg (2.2 pounds) for solids or 1 L (0.2 gallons) for liquids;
(2) For Division 2.2 material, 1 L (61 cubic inches); or
(3) For Division 5.2 material, 500 g (1.1 pounds) for solids or 500 mL (0.1 gallons) for liquids.
(e)
(1) Each inner receptacle must be constructed of plastic, or of glass, porcelain, stoneware, earthenware or metal. When used for liquid hazardous materials, plastic inner packagings must have a thickness of not less than 0.2 mm (0.008 inch).
(2) Each inner packaging with a removable closure must have its closure held securely in place with wire, tape or other positive means. Each inner receptacle having a neck with molded screw threads must have a leak proof, threaded type cap. The closure must not react chemically with the material.
(3) Each inner packaging must be securely packed in an intermediate packaging with cushioning material in such a way that, under normal conditions of transport, it cannot break, be punctured or leak its contents. The intermediate packaging must completely contain the contents in case of breakage or leakage, regardless of package orientation. For liquid hazardous materials, the intermediate packaging must contain sufficient absorbent material that:
(i) Will absorb the entire contents of the inner packaging.
(ii) Will not react dangerously with the material or reduce the integrity or function of the packaging materials.
(iii) The absorbent material may be the cushioning material.
(4) The intermediate packaging must be securely packed in a strong, rigid outer packaging.
(5) Placement of the material in the package or packing different materials in the package must not result in a violation of § 173.21.
(6) Each package must be of such a size that there is adequate space to apply all necessary markings.
(7) The package is not opened or otherwise altered until it is no longer in commerce.
(8) Overpacks may be used and may also contain packages of hazardous material or other materials not subject to the HMR subject to the requirements of § 173.25.
(f)
(1) Drops onto a solid unyielding surface from a height of 1.8 m (5.9 feet):
(i) Where the sample is in the shape of a box, it must be dropped in each of the following orientations:
(A) One drop flat on the bottom;
(B) One drop flat on the top;
(C) One drop flat on the longest side;
(D) One drop flat on the shortest side; and
(E) One drop on a corner at the junction of three intersecting edges.
(ii) Where the sample is in the shape of a drum, it must be dropped in each of the following orientations:
(A) One drop diagonally on the top chime, with the center of gravity directly above the point of impact;
(B) One drop diagonally on the base chime; and
(C) One drop flat on the side.
(2) A compressive load as specified in § 178.606(c) of this subchapter. Each of the tests in this paragraph (f) of this section may be performed on a different but identical package; that is, all tests need not be performed on the same package.
(g)
(1) The “*” must be replaced by the primary hazard class, or when assigned, the division of each of the hazardous materials contained in the package. The “**” must be replaced by the name of the shipper or consignee if not shown elsewhere on the package.
(2) The marking must not be less than 100 mm (3.9 inches) by 100 mm (3.9 inches), and must be durable and clearly visible.
(3) When packages of excepted quantities are contained in an overpack, and the package marking required by this section is not visible inside the overpack, the excepted quantities marking must also be placed on the overpack. Additionally, an overpack containing packages of excepted quantities is not required to be marked with the word “OVERPACK.”
(h)
(2) For transport by air, a shipping paper is not required, except that, if a document such as an air waybill accompanies a shipment, the document must include the statement “Dangerous Goods in Excepted Quantities” and indicate the number of packages.
(3) For transport by vessel, a shipping paper is required and must include the statement “Dangerous Goods in Excepted Quantities” and indicate the number of packages.
(i)
(j)
(a) Packing Group II and III materials in Class 3, Division 4.1, Division 4.2, Division 4.3, Division 5.1, Division 6.1, Class 8, and Class 9 do not meet the definition of a hazardous material in § 171.8 of this subchapter when packaged in accordance with this section and, therefore, are not subject to the requirements of this subchapter.
(1) The maximum quantity of material per inner receptacle or article is limited to—
(i) One (1) mL (0.03 ounce) for authorized liquids; and
(ii) One (1) g (0.04 ounce) for authorized solid materials;
(2) Each inner receptacle with a removable closure has its closure held securely in place with wire, tape, or other positive means;
(3) Unless equivalent cushioning and absorbent material surrounds the inside packaging, each inner receptacle
(i) Will not react chemically with the material, and
(ii) Is capable of absorbing the entire contents (if a liquid) of the receptacle;
(4) The inside packaging is securely packed in a strong outer packaging;
(5) The completed package is capable of sustaining—
(i) Each of the following free drops made from a height of 1.8 m (5.9 feet) directly onto a solid unyielding surface without breakage or leakage from any inner receptacle and without a substantial reduction in the effectiveness of the package:
(A) One drop flat on bottom;
(B) One drop flat on top;
(C) One drop flat on the long side;
(D) One drop flat on the short side; and
(E) One drop on a corner at the junction of three intersecting edges; and
(ii) A compressive load as specified in § 178.606(c) of this subchapter. Each of the tests in this paragraph (a)(5) may be performed on a different but identical package; that is, all tests need not be performed on the same package.
(6) Placement of the material in the package or packing different materials in the package does not result in a violation of § 173.21;
(7) The aggregate quantity of hazardous material per package does not exceed 100 g (0.22 pounds) for solids or 100 mL (3.38 ounces) for liquids;
(8) The gross mass of the completed package does not exceed 29 kg (64 pounds);
(9) The package is not opened or otherwise altered until it is no longer in commerce; and
(10) For transportation by aircraft:
(i) The hazardous material is authorized to be carried aboard passenger-carrying aircraft in Column 9A of the § 172.101 Hazardous Materials Table; and
(ii) Material packed in accordance with this section may not be carried in checked or carry-on baggage.
(b) Non-infectious specimens, such as specimens of mammals, birds, amphibians, reptiles, fish, insects and other invertebrates containing small quantities of Ethanol (UN1170), Formaldehyde solution, flammable (UN1198), Alcohols, n.o.s. (UN1987) and Isopropanol (UN1219) are not subject to the requirements of this subchapter provided the following packaging, marking and documentation provisions, as applicable, are met:
(1) The specimens are:
(i) Wrapped in a paper towel or cheesecloth moistened with alcohol or an alcohol solution and placed in a plastic bag that is heat-sealed. Any free liquid in the bag must not exceed 30 mL; or
(ii) Placed in vials or other rigid containers with no more than 30 mL of alcohol or alcohol solution. The containers are placed in a plastic bag that is heat-sealed;
(2) The bagged specimens are placed in another plastic bag with sufficient absorbent material to absorb the entire liquid contents inside the primary receptacle. The outer plastic bag is then heat-sealed;
(3) The completed bag is placed in a strong outer packaging with sufficient cushioning material that conforms to subpart B of part 173;
(4) The aggregate net quantity of flammable liquid in one outer packaging may not exceed 1 L; and
(5) The outer package must be legibly marked “Scientific research specimens, 49 CFR 173.4b applies.”
(6)
(ii) For transport by air, a shipping paper is not required, except that, if a document such as an air waybill accompanies a shipment of specimens containing hazardous materials excepted under the terms of this section, the document must include the statement “Scientific research specimens, 49 CFR 173.4b applies” and the number of packages indicated.
(iii) For transport by vessel, a shipping paper is not required; however, the Dangerous Cargo Manifest must include the statement “Scientific research specimens, 49 CFR 173.4b applies” and the number of packages indicated. Vessel stowage is the same as for hazardous materials in excepted quantities.
(7)
(8)
(a) For other than a Class 2 material, the transportation of an agricultural product over local roads between fields of the same farm is excepted from the requirements of this subchapter. A Class 2 material transported over local roads between fields of the same farm is excepted from subparts G and H of part 172 of this subchapter. In either instance, transportation of the hazardous material is subject to the following conditions:
(1) It is transported by a farmer who is an intrastate private motor carrier; and
(2) The movement of the agricultural product conforms to requirements of the State in which it is transported and is specifically authorized by a State statute or regulation in effect before October 1, 1998.
(b) The transportation of an agricultural product to or from a farm, within 150 miles of the farm, is excepted from the requirements in subparts G and H of part 172 of this subchapter and from the specific packaging requirements of this subchapter when:
(1) It is transported by a farmer who is an intrastate private motor carrier;
(2) The total amount of agricultural product being transported on a single motor vehicle does not exceed:
(i) 7,300 kg (16,094 lbs.) of ammonium nitrate fertilizer properly classed as Division 5.1, PG III, in a bulk packaging, or
(ii) 1900 L (502 gallons) for liquids or gases, or 2,300 kg (5,070 lbs.) for solids, of any other agricultural product;
(3) The movement and packaging of the agricultural product conform to the requirements of the State in which it is transported and are specifically authorized by a State statute or regulation in effect before October 1, 1998; and
(4) Each person having any responsibility for transporting the agricultural product or preparing the agricultural product for shipment has been instructed in the applicable requirements of this subchapter.
(c) Formulated liquid agricultural products in specification packagings of 220 L (58 gallons) capacity, or less, with closures manifolded to a closed mixing system and equipped with positive dry disconnect devices may be transported by a private motor carrier between a final distribution point and an ultimate point of application or for loading aboard an airplane for aerial application.
(d)
(1) The cargo tank must have a minimum design pressure of 250 psig.
(2) The cargo tank must meet the requirements of the HMR in effect at the time of its manufacture and must be marked accordingly. For questions regarding these requirements, contact PHMSA by either:
(i) Telephone (800) 467-4922 or (202) 366-4488 (local); or
(ii) By electronic mail (e-mail) to:
(3) The cargo tank must have a water capacity of 1,200 gallons or less.
(4) The cargo tank must conform to applicable requirements in National Fire Protection Association (NFPA) 58, Liquefied Petroleum Gas Code (IBR, see § 171.7 of this subchapter).
(5) The cargo tank must be securely mounted on a motor vehicle.
(6) The cargo tank must be filled in accordance with § 173.315(b) for liquefied petroleum gas.
(7) The cargo tank must be painted white, aluminum, or other light-reflecting color.
(8) Transportation of the filled moveable fuel storage tender is limited to movements over local roads between fields using the shortest practical distance.
(9) Transportation of the moveable fuel storage tender between its point of use and a liquefied petroleum gas distribution facility is authorized only if the cargo tank contains no more than five percent of its water capacity. A movable fuel storage tender may only be filled at the consumer's premises or point of use.
(e)
(1)
(i) Meet qualification and maintenance requirements (including periodic testing and inspection) in accordance with Subpart E of Part 180 of this subchapter;
(ii) Conform to the pressure relief system requirements specified in § 173.243(b)(1);
(iii) For MC 306 cargo tanks, be equipped with stop-valves capable of being remotely closed by manual and mechanical means; and
(iv) For DOT 406 cargo tanks, conform to the bottom outlet requirements specified in § 173.243(b)(2).
(2)
(i) Be constructed of stainless steel; and
(ii) Meet qualification and maintenance requirements of Subpart G of Part 180 of this subchapter.
(f) See § 173.315(m) pertaining to nurse tanks of anhydrous ammonia.
(g) See § 173.6 pertaining to materials of trade.
(h) See § 172.800(b) pertaining to security plans.
(a)
(1) The cargo tank and equipment contains only residual amounts (
(2) No flame producing device is operated during transportation, and
(3) The proper shipping name is preceded by “RESIDUE: LAST CONTAINED * * * ” on the shipping paper for each movement on a public highway.
(b)
(i) Contains only the residue of a Division 2.1 (flammable gas) or Class 3 (flammable liquid) material. For liquids, the meter prover must be drained to not exceed 10% of its capacity or, to the extent that draining of the meter prover is impracticable, to the maximum extent practicable. For gases, the meter prover must not exceed 25% of the marked pressure rating;
(ii) Has a water capacity of 3,785 L (1,000 gallons) or less;
(iii) Is designed and constructed in accordance with chapters II, III, IV, V and VI of ASME Standard B31.4 (IBR, see § 171.7 of this subchapter);
(iv) Is marked with the MAWP determined from the pipe component with the lowest pressure rating; and
(v) Is equipped with rear-end protection as prescribed in § 178.337-10(c) of this subchapter and 49 CFR 393.86 of the Federal Motor Carrier Safety Regulations.
(2) The description on the shipping paper for a meter prover containing the residue of a hazardous material must include the phrase “RESIDUE: LAST CONTAINED * * * ” before the basic description.
(3)
(ii) Each meter prover must be pressure tested once every 5 years at not less than 75% of design pressure. The pressure must be held for a period of time sufficiently long to assure detection of leaks, but in no case less than 5 minutes.
(4) In addition to the training requirements in subpart H, the person who performs the visual inspection or pressure test and/or signs the inspection report must have the knowledge and ability to perform them as required by this section.
(5) A meter prover that fails the periodic test and inspection must be rejected and removed from hazardous materials service unless the meter prover is adequately repaired, and thereafter, a successful test is conducted in accordance with the requirements of this section.
(6) Prior to any repair work, the meter prover must be emptied of any hazardous material. A meter prover containing flammable lading must be purged.
(7) Each meter prover successfully completing the external visual inspection and the pressure test must be marked with the test date (month/year), and the type of test or inspection as follows:
(i) V for external visual inspection; and
(ii) P for pressure test.
The marking must be on the side of a tank or the largest piping component in letters 32 mm (1.25 inches) high on a contrasting background.
(8) The owner must retain a record of the most recent external visual inspection and pressure test until the next test or inspection of the same type is successfully completed. The test or inspection report must include the following:
(i) Serial number or other meter prover identifier;
(ii) Type of test or inspection performed;
(iii) Test date (month/year);
(iv) Location of defects found, if any, and method used to repair each defect;
(v) Name and address of person performing the test or inspection;
(vi) Disposition statement, such as “Meter Prover returned to service” or “Meter Prover removed from service”.
(c)
(1)
(2)
(i) Be constructed and certified in conformance with the HMR in effect at the time of its manufacture and must be marked accordingly. For questions regarding these requirements, contact PHMSA by either: (1) Telephone (800) 467-4922 or (202) 366-4488 (local); or (2) by electronic mail (e-mail) to:
(ii) Have a minimum design pressure of 100 psig;
(iii) Have a maximum capacity of 500 gallons;
(iv) For solvents and organic peroxides, the cargo tank may not contain more than 50 gallons;
(v) Be given an external visual inspection prior to each use to ensure that it has not been damaged on the previous trip;
(vi) Be retested and reinspected in accordance with § 180.407(c) of this subchapter as specified for an MC 331 cargo tank motor vehicle; and
(vii) Be securely mounted to a motor vehicle in accordance with the securement provisions prescribed in §§ 393.100 through 393.106 of this title.
(3)
(4)
(5)
This section authorizes the highway transportation of residual amounts of Division 2.2 refrigerant gases or anhydrous ammonia contained in non-specification pressure vessels that are components of refrigeration systems, which may or may not be permanently mounted to a transport vehicle, used for agricultural operations. These refrigeration systems are used at field sites to cool (pre-cool) produce before the produce is loaded into trucks or railcars for market or used to supplement stationary refrigeration systems during peak harvest times. The components of these refrigeration systems are commonly known as vacuum tubes, accumulators, refrigeration units, ice
(a)
(1) Each pressure vessel must be designed, manufactured, and maintained in accordance with applicable requirements of the ASME Code (IBR, see § 171.7 of this subchapter).
(2) Except as authorized in this section, each pressure vessel and associated piping must be rated at a maximum allowable work pressure (MAWP) of 250 psig. The pressure in these components may not exceed MAWP.
(3) Any part of the piping or pressure vessel separated from another component of the refrigeration system by means of a valve, blank flange, or other device must be equipped with a pressure relief valve set at MAWP. All lines that must be disconnected for transportation purposes must be closed by means of a cap, plug or blank flange, and valves at the end of disconnected lines must be tightly closed.
(4) The aggregate total volumetric capacity of components within the refrigeration system authorized for highway transportation in accordance with this section may not exceed 2,500 gallons per vehicle.
(5) Each pressure vessel and associated piping containing anhydrous ammonia must conform to the following:
(i) Piping with a diameter of 2 inches or more must conform to ASTM A 53 Schedule 40 or ASTM A106 Schedule 40 (IBR, see § 171.7 of this subchapter).
(ii) Piping with a diameter of less than 2 inches must conform to ASTM A 53 Schedule 80 or ASTM A 106 Schedule 80 (IBR, see § 171.7 of this subchapter).
(iii) The words “Inhalation Hazard” must be marked as required in special provision 13 in § 172.102 of this subchapter and, when practicable, within 24 inches of the placard.
(b)
(2) Each pressure vessel and associated piping that is part of the evaporating line must be marked “LOW SIDE” in a permanent and clearly visible manner. The evaporating line must have a pressure gauge with corresponding temperature markings mounted so as to be easily readable when standing on the ground. The gauge must be permanently marked or tagged “SATURATION GAUGE”.
(3) Each pressure vessel and associated piping with an MAWP of 250 psig or greater containing liquid anhydrous ammonia must be isolated using appropriate means from piping and components marked “LOW SIDE”.
(4) Liquid lading is only authorized in system components with a rated MAWP of not less than 250 psig.
(5) Prior to transportation, each pressure vessel and associated piping with a rated MAWP of less than 250 psig must be relieved of enough gaseous lading to ensure that the MAWP is not exceeded at transport temperatures up to 54 °C (130 °F).
(6) Refrigeration systems placed into service prior to June 1, 1991, may continue in service until October 1, 2017.
(c) Prior to transportation over public highways, each pressure vessel and associated piping must be drained of refrigerant gas or liquid anhydrous ammonia to the extent practicable. Drained contents must be recovered in conformance with all applicable environmental regulations. Residual liquid anhydrous ammonia in each component may not exceed one percent of the component's total volumetric capacity or 10 gallons, whichever is less.
(d)
(2) Each refrigeration system authorized under this section must be proof pressure tested every two years beginning with the initial pressure test performed after manufacture. Additional pressure tests must be performed after any modification, repair or damage to a part of the system pressurized with refrigerant gas. System test pressures may not be less than one-and-one-half (1.50) times the rated MAWP of the system component or piping.
(3) Pressure relief valves must be successfully tested every two years at the MAWP for the components or piping to which they are attached. Pressure relief valves may be replaced and marked every 5 years with valves certified at the appropriate MAWP, in which case the valves need not be tested every two years. Valves that do not pass the test must be repaired or replaced.
(e)
(2) Pressure relief valves must be durably marked with either the date of last test, set-pressure and testing company or the date of last replacement, set-pressure, and certifying company, as applicable.
When transported by motor vehicle in conformance with this section, a material of trade (see § 171.8 of this subchapter) is not subject to any other requirements of this subchapter besides those set forth or referenced in this section.
(a)
(1) A Class 3, 8, 9, Division 4.1, 5.1, 5.2, 6.1, or ORM-D material contained in a packaging having a gross mass or capacity not over—
(i) 0.5 kg (1 pound) or 0.5 L (1 pint) for a Packing Group I material;
(ii) 30 kg (66 pounds) or 30 L (8 gallons) for a Packing Group II, Packing Group III, or ORM-D material;
(iii) 1500 L (400 gallons) for a diluted mixture, not to exceed 2 percent concentration, of a Class 9 material.
(2) A Division 2.1 or 2.2 material in a cylinder with a gross weight not over 100 kg (220 pounds), or a permanently mounted tank manufactured to the ASME Code of not more than 70 gallon water capacity for a non-liquefied Division 2.2 material with no subsidiary hazard.
(3) A Division 4.3 material in Packing Group II or III contained in a packaging having a gross capacity not exceeding 30 mL (1 ounce).
(4) A Division 6.2 material, other than a Category A infectious substance, contained in human or animal samples (including, but not limited to, secreta, excreta, blood and its components, tissue and tissue fluids, and body parts) being transported for research, diagnosis, investigational activities, or disease treatment or prevention, or is a biological product or regulated medical waste. The material must be contained in a combination packaging. For liquids, the inner packaging must be leakproof, and the outer packaging must contain sufficient absorbent material to absorb the entire contents of the inner packaging. For sharps, the inner packaging (sharps container) must be constructed of a rigid material resistant to punctures and securely closed to prevent leaks or punctures, and the outer packaging must be securely closed to prevent leaks or punctures. For solids, liquids, and sharps, the outer packaging must be a strong, tight packaging securely closed and secured against shifting, including relative motion between packages, within the vehicle on which it is being transported.
(i) For other than a regulated medical waste, the amount of Division 6.2 material in a combination packaging must conform to the following limitations:
(A) One or more inner packagings, each of which may not contain more
(B) A single inner packaging containing not more than 16 kg (35.2 lbs) or 16 L (4.2 gallons) in a single outer packaging.
(ii) For a regulated medical waste, a combination packaging must consist of one or more inner packagings, each of which may not contain more than 4 kg (8.8 lbs) or 4 L (1 gallon), and an outer packaging containing not more than 16 kg (35.2 lbs) or 16 L (4.2 gallons).
(5) This section does not apply to a hazardous material that is self-reactive (see § 173.124), poisonous by inhalation (see § 173.133), or a hazardous waste.
(b)
(2) Each material must be packaged in the manufacturer's original packaging, or a packaging of equal or greater strength and integrity.
(3) Outer packagings are not required for receptacles (e.g., cans and bottles) that are secured against shifting in cages, carts, bins, boxes or compartments.
(4) For gasoline, a packaging must be made of metal or plastic and conform to the requirements of this subchapter or to the requirements of the Occupational Safety and Health Administration of the Department of Labor contained in 29 CFR 1910.106(d)(2) or 1926.152(a)(1).
(5) A cylinder or other pressure vessel containing a Division 2.1 or 2.2 material must conform to packaging, qualification, maintenance, and use requirements of this subchapter, except that outer packagings are not required. Manifolding of cylinders is authorized provided all valves are tightly closed.
(c)
(2) A bulk packaging containing a diluted mixture of a Class 9 material must be marked on two opposing sides with the four-digit identification number of the material. The identification number must be displayed on placards, orange panels or, alternatively, a white square-on-point configuration having the same outside dimensions as a placard (at least 273 mm (10.8 inches) on a side), in the manner specified in § 172.332 (b) and (c) of this subchapter.
(3) A DOT specification cylinder (except DOT specification 39) must be marked and labeled as prescribed in this subchapter. Each DOT-39 cylinder must display the markings specified in 178.65(i).
(4) The operator of a motor vehicle that contains a material of trade must be informed of the presence of the hazardous material (including whether the package contains a reportable quantity) and must be informed of the requirements of this section.
(d)
(e)
(a) Hazardous materials offered for transportation by, for, or to the Department of Defense (DOD) of the U.S. Government, including commercial shipments pursuant to a DOD contract, must be packaged in accordance with the regulations in this subchapter or in packagings of equal or greater strength and efficiency as certified by DOD in accordance with the procedures prescribed by “Packaging of Hazardous Material, DLAD 4145.41/AR 700-143/AFJI
(1) Hazardous materials sold by the DOD in packagings that are not marked in accordance with the requirements of this subchapter may be shipped from DOD installations if the DOD certifies in writing that the packagings are equal to or greater in strength and efficiency than the packaging prescribed in this subchapter. The shipper shall obtain such a certification in duplicate for each shipment. He shall give one copy to the originating carrier and retain the other for no less than 1 year.
(2) [Reserved]
(b) Shipments of hazardous materials, made by or under the direction or supervision of the U.S. Department of Energy (DOE) or the Department of Defense (DOD), for the purpose of national security, and which are escorted by personnel specifically designated by or under the authority of those agencies, are not subject to the requirements of this subchapter. For transportation by a motor vehicle or a rail car, the escorts must be in a separate transport vehicle from the transport vehicle carrying the hazardous materials that are excepted by this paragraph. A document certifying that the shipment is for the purpose of national security must be in the possession of the person in charge of providing security during transportation.
(c) Shipments of explosive samples, not exceeding 1 g net weight, offered by and consigned to the Bureau of Alcohol, Tobacco and Firearms (ATF) of the Department of the Treasury are not otherwise subject to the regulations in parts 110-189 of this subchapter when placed in a specifically designed multi-unit assembly packed in a strong outer packaging. The packaging must be of a type accepted by ATF as capable of precluding a propagation of any explosion outside the packaging. The second component from the outside of the packaging must be marked or tagged to indicate the presence of an explosive.
(d) Notwithstanding the requirements of §§ 173.416 and 173.417 of this subchapter, packagings made by or under the direction of the U.S. Department of Energy may be used for the transportation of Class 7 materials when evaluated, approved, and certified by the Department of Energy against packaging standards equivalent to those specified in 10 CFR part 71. Packages shipped in accordance with this paragraph shall be marked and otherwise prepared for shipment in a manner equivalent to that required by this subchapter for packagings approved by the Nuclear Regulatory Commission.
(e) Class 1 (explosive) materials owned by the Department of Defense and packaged prior to January 1, 1990, in accordance with the requirements of this subchapter in effect at that time, are excepted from the marking and labeling requirements of part 172 of this subchapter and the packaging and package marking requirements of part 178 of this subchapter, provided the packagings have maintained their integrity and the explosive material is declared as “government-owned goods packaged prior to January 1, 1990” on the shipping papers. In addition, packages of these materials owned by the Department of Defense that are marked and labeled in conformance with the requirements of the HMR that were in effect at the time they were originally marked and labeled are excepted from the current marking and labeling requirements.
(f) The requirements of this subchapter do not apply to shipments of hazardous materials carried aboard an aircraft that is not owned by a government or engaged in carrying persons or property for commercial purposes, but is under the exclusive direction and control of the government for a period of not less than 90 days as specified in a written contract or lease. An aircraft is under the exclusive direction and control of a government when the government exercises responsibility for:
(1) Approving crew members and determining they are qualified to operate the aircraft;
(2) Determining the airworthiness and directing maintenance of the aircraft; and
(3) Dispatching the aircraft, including the times of departure, airports to be used, and type and amount of cargo to be carried.
For
(a)
(b)
(c)
(d)
(1) Be operated by an intrastate motor carrier and in use as a packaging for hazardous material before October 1, 1998;
(2) Be operated in conformance with the requirements of the State in which it is authorized;
(3) Be specifically authorized by a State statute or regulation in effect before October 1, 1998, for use as a packaging for the hazardous material being transported;
(4) Be offered for transportation and transported in conformance with all other applicable requirements of this subchapter;
(5) Not be used to transport a flammable cryogenic liquid, hazardous substance, hazardous waste, or a marine pollutant (except for gasoline); and
(6) For a tank authorized under paragraph (b) or (c) of this section, conform to all requirements in part 180 (except for § 180.405(g)) of this subchapter in the same manner as required for a DOT specification MC 306 cargo tank motor vehicle.
(a) For the purpose of this section, not including 49 CFR part 387, a rail car, freight container, truck body, or trailer in which the lading has been fumigated with any material, or is undergoing fumigation, is a package containing a hazardous material.
(b) No person may offer for transportation or transport a rail car, freight container, truck body, or trailer in which the lading has been fumigated or treated with any material, or is undergoing fumigation, unless the FUMIGANT marking specified in paragraph (e) of this section is prominently displayed so that it can be seen by any person attempting to enter the interior of the transport vehicle or freight container. For domestic transportation, a hazard warning label authorized by EPA under 40 CFR part 156 may be used
(c) No person may affix or display on a rail car, freight container, truck body, or trailer the FUMIGANT marking specified in paragraph (e) of this section, unless the lading has been fumigated or is undergoing fumigation.
(d) The FUMIGANT marking required by paragraph (b) of this section must remain on the rail car, freight container, truck body, or trailer until the rail car, freight container, truck body, or trailer has been completely ventilated either by opening the doors of the unit or by mechanical ventilation to ensure no harmful concentration of gas remains after fumigation has been completed.
(e)
(2) The “*” shall be replaced with the technical name of the fumigant.
(f) A closed cargo transport unit that has been fumigated is not subject to any other provisions of this subchapter if it—
(1) Has been completely ventilated either by opening the doors of the unit or by mechanical ventilation after fumigation, and
(2) Displays the FUMIGANT marking, including the date of ventilation.
(g) For international shipments, transport documents should indicate the date of fumigation, type and amount of fumigant used, and instructions for disposal of any residual fumigant, including fumigation devices.
(h) Any person subject to the requirements of this section, solely due to the fumigated lading, must be informed of the requirements of this section and the safety precautions necessary to protect themselves and others in the event of an incident or accident involving the fumigated lading.
(i) Any person who offers for transportation or transports a rail car, freight container, truck body or trailer that is subject to this subchapter solely because of the hazardous materials designation specified in paragraph (a) of this section is not subject to any requirements of this subchapter other than those contained in this section.
(a) Tank cars containing any 2.1 material (including a cryogenic liquid) or Class 3 material with a flash point below 38 °C (100 °F), except liquid road asphalt or tar, may not be offered for transportation unless originally consigned or subsequently reconsigned to parties having private-siding (see Note 1 of this section) or to parties using railroad siding facilities which have been equipped for piping the liquid from tank cars to permanent storage tanks of sufficient capacity to receive contents of car.
(b) A tank car containing any Class 2 material must not be offered for transportation unless the car is consigned for delivery (see paragraph (c) of this section) and unloading on a private track (see Note 1 of this section) except that where no private track is available, delivery and unloading on carrier tracks is permitted provided the following conditions are complied with:
(1) Any tank car of DOT-106A or 110A type (see §§ 179.300 and 179.301 of this subchapter) may be offered for transportation and the loaded unit tanks may be removed from car frame on carrier tracks, provided the shipper has obtained from the delivering carrier and filed with originating carrier, written permission (see Note 2 of this section) for such removal. The consignee must furnish adequately safe mechanical hoist, obtained from the carrier if desirable, by which the tanks shall be lifted from the car and deposited directly upon vehicles furnished by the consignee for immediate removal from carrier property or tanks must be lifted by adequately safe mechanical hoist from car directly to vessels for further transportation.
(c) Any tank car of other than DOT-106A or 110A type (see §§ 179.300 and 179.301 of this subchapter), containing anhydrous ammonia, liquefied hydrocarbon or liquefied petroleum gas, and having interior pipes of liquid and gas discharge valves equipped with check valves, may be consigned for delivery and unloading on carrier tracks, if the lading is piped directly from the car to permanent storage tanks of sufficient capacity to receive the entire contents of the car. Such cars may also be consigned for storage on a private track or on a carrier track when designated by the carrier for such storage.
(d) For cars of the DOT-106A or 110A type (see §§ 179.300 and 179.301 of this subchapter), the tanks must be placed in position and attached to the car structure by the shipper.
(e) Class 3 materials with a flash point below 38 °C (100 °F) and Division 2.1 materials (including a cryogenic liquid) may not be loaded into tank cars on carrier property from tank trucks or drums.
For this purpose, a private track is a track outside of carrier's right-of-way, yard, and terminals, and of which the carrier does not own either the rails, ties, roadbed or right-of-way; or a track or portion of a track which is devoted to the purpose of its user, either by lease or written agreement; in which case the lease or written agreement will be considered as equivalent to ownership.
Carriers should give permission for the unloading of these containers on carrier tracks only where no private siding is available within reasonable trucking distance of final destination. The danger involved is the release of compressed gases due to accidental
(a)
(b)
(2) Combination packaging requirements:
(i)
(ii)
(A) A UN 1A2 or UN 1B2 metal drum, a UN 1D plywood drum, a UN 1G fiber drum, or a UN 1H2 plastic drum, tested and marked to at least the Packing Group III performance level for liquids or solids;
(B) At a minimum, a double-walled UN 4G fiberboard box made out of 500 pound burst-strength fiberboard fitted with a polyethylene liner at least 3 mils (0.12 inches) thick and when filled during testing to 95 percent capacity with a solid material, successfully passes the tests prescribed in §§ 178.603 (drop) and 178.606 (stacking), and is capable of passing the tests prescribed in § 178.608 (vibration) to at least the Packing Group II performance level for liquids or solids; or
(C) A UN 11G fiberboard intermediate bulk container (IBC) or a UN 11HH2 composite IBC, fitted with a polyethylene liner at least 6 mils (0.24 inches) thick, that successfully passes the tests prescribed in Subpart O of Part 178 and § 178.603 to at least the Packing Group II performance level for liquids or solids; a UN 11HH2 is composed of multiple layers of encapsulated corrugated fiberboard between inner and outer layers of woven coated polypropylene.
(iii) The gross weight of each completed combination package may not exceed 205 kg (452 lbs).
(3)
(c)
(1) Except as authorized by this paragraph, the waste must be packaged in accordance with this part and offered for transportation in accordance with the requirements of this subchapter.
(2) Transportation is performed by highway only.
(3) A package is not offered for transportation less than 24 hours after it is finally closed for transportation, and each package is inspected for leakage and is found to be free from leaks immediately prior to being offered for transportation.
(4) Each package is loaded by the shipper and unloaded by the consignee, unless the motor carrier is a private or contract carrier.
(5) The packaging may be used only once under this paragraph and may not be used again for shipment of hazardous materials except in accordance with § 173.28.
(d)
(e)
(1)
(2)
(i) The cyanide or a cyanide mixture may not exceed 2 kg (4.4 pounds) net weight per inner packaging and may not exceed 10 kg (22 pounds) net weight per outer packaging; a cyanide solution may not exceed 2 L (0.6 gallon) per inner packaging and may not exceed 10 L (3.0 gallons) per outer packaging; and
(ii) The acids must be packaged in lab packs in accordance paragraph (b) of this section or in single packagings authorized for the acid in Column (8B) of the § 172.101 Hazardous Materials Table of this subchapter not to exceed 208 L (55 gallons) capacity.
(3)
(i) The Division 4.2 material may not exceed 2 kg (4.4 pounds) net weight per inner packaging and may not exceed 10 kg (22 pounds) net weight per outer packaging; and
(ii) The Class 8 liquid must be packaged in lab packs in accordance with paragraph (b) of this section or in single packagings authorized for the material in Column (8B) of the § 172.101 Hazardous Materials Table of this subchapter not to exceed 208 L (55 gallons) capacity.
(4)
(i) The Division 6.1 Packing Group I, Hazard Zone A material must be packaged in accordance with § 173.226(c) of this subchapter and overpacked in a UN standard steel or plastic drum meeting the Packing Group I performance level;
(ii) The Class 8 liquid must be packaged in lab packs in accordance with paragraph (b) of this section or in single packagings authorized for the material in Column (8B) of the § 172.101 Hazardous Materials Table of this subchapter not to exceed 208 L (55 gallons) capacity.
(iii) The Division 4.2 material may not exceed 2 kg (4.4 pounds) net weight per inner packaging and may not exceed 10 kg (22 pounds) net weight per outer packaging;
(iv) The Division 5.1 materials may not exceed 2 kg (4.4 pounds) net weight per inner packaging and may not exceed 10 kg (22 pounds) net weight per outer packaging. The aggregate net weight per freight container, unit load device, transport vehicle, or rail car may not exceed 100 kg (220 pounds);
(v) The Division 5.2 material may not exceed 1 kg (2.2 pounds) net weight per inner packaging and may not exceed 5 kg (11 pounds) net weight per outer packaging. Organic Peroxide, Type B material may not exceed 0.5 kg (1.1 pounds) net weight per inner packaging and may not exceed 2.5 kg (5.5 pounds) net weight per outer packaging. The aggregate net weight per freight container, unit load device, transport vehicle, or rail car may not exceed 50 kg (110 pounds).
(f)
(1) The overpack marking and labeling requirements in § 173.25(a)(2) of this subchapter when secured to a pallet with shrink-wrap or stretch-wrap except that labels representative of each Hazard Class or Division in the overpack must be visibly displayed on two opposing sides.
(2) The restrictions for overpacks containing Class 8, Packing Group I material and Division 5.1, Packing Group I material in § 173.25(a)(5) of this subchapter. These waste materials may be overpacked with other materials.
(g)
(a) A Class 3, 8 or 9, or Division 4.1, 4.2, 4.3, 5.1, or 6.1 material is excepted from the labeling (except for the CARGO AIRCRAFT ONLY label), placarding and segregation requirements of this subchapter if prepared for transportation in accordance with the requirements of this section. A material that meets the definition of a material poisonous by inhalation may not be offered for transportation or transported under provisions of this section.
(b) A hazardous material conforming to the requirements of this section may be transported by motor vehicle and rail car. In addition, packages prepared in accordance with this section may be transported by aircraft under the following conditions:
(1)
(2)
(3) Packages offered for transportation aboard either passenger or cargo-only aircraft must meet the requirements for transportation by aircraft specified in § 173.27 of this subchapter.
(c) A hazardous material permitted by paragraph (a) of this section must be packaged as follows:
(1) For liquids:
(i) The hazardous material must be placed in a tightly closed glass, plastic
(ii) The inner packaging must be placed in a hermetically sealed barrier bag which is impervious to the lading, and then wrapped in a non-reactive absorbent material in sufficient quantity to completely absorb the contents of the inner packaging. Alternatively, the inner packaging may first be wrapped in a non-reactive absorbent material and then placed in the hermetically sealed barrier bag. The combination of inner packaging, absorbent material, and bag must be placed in a snugly fitting metal can.
(iii) The metal can must be securely closed. For liquids that are in Division 4.2 or 4.3, the metal can must be hermetically sealed. For Division 4.2 materials in Packing Group I, the metal can must be tested in accordance with part 178 of this subchapter at the Packing Group I performance level.
(iv) The metal can must be placed in a fiberboard box that is placed in a hermetically sealed barrier bag which is impervious to the lading.
(v) The intermediate packaging must be placed inside a securely closed, outer packaging conforming to § 173.201.
(vi) Not more than four intermediate packagings are permitted in an outer packaging.
(2) For solids:
(i) The hazardous material must be placed in a tightly closed glass, plastic or metal inner packaging. The net quantity of material in any inner packaging may not exceed 2.85kg (6.25 pounds). For transportation by aircraft, the net quantity in one package may not exceed the quantity specified in columns (9A) or (9B), as appropriate.
(ii) The inner packaging must be placed in a hermetically sealed barrier bag which is impervious to the lading.
(iii) The barrier bag and its contents must be placed in a fiberboard box that is placed in a hermetically-sealed barrier bag which is impervious to the lading.
(iv) The intermediate packaging must be placed inside an outer packaging conforming to § 173.211.
(v) Not more than four intermediate packagings are permitted in an outer packaging.
(d) The outside of the package must be marked, in association with the proper shipping name, with the statement: “This package conforms to 49 CFR 173.13.”
Unless otherwise provided in this subchapter, the offering for transportation or transportation of the following is forbidden:
(a) Materials that are designated “Forbidden” in Column 3 of the § 172.101 table.
(b) Forbidden explosives as defined in § 173.54 of this part.
(c) Electrical devices, such as batteries and battery-powered devices, which are likely to create sparks or generate a dangerous evolution of heat, unless packaged in a manner which precludes such an occurrence.
(d) For carriage by aircraft, any package which has a magnetic field of more than 0.00525 gauss measured at 4.5 m (15 feet) from any surface of the package.
(e) A material in the same packaging, freight container, or overpack with another material, the mixing of which is likely to cause a dangerous evolution of heat, or flammable or poisonous gases or vapors, or to produce corrosive materials.
(f) A package containing a material which is likely to decompose with a self-accelerated decomposition temperature (SADT) of 50 °C (122 °F) or
(1) A package meeting the criteria of paragraph (f) of this section may be required to be shipped under controlled temperature conditions. The control temperature and emergency temperature for a package shall be as specified in the table in this paragraph based upon the SADT of the material. The control temperature is the temperature above which a package of the material may not be offered for transportation or transported. The emergency temperature is the temperature at which, due to imminent danger, emergency measures must be initiated.
(2) For self-reactive materials listed in § 173.224(b) table control and emergency temperatures, where required are shown in Columns 5 and 6, respectively. For organic peroxides listed in The Organic Peroxides Table in § 173.225 control and emergency temperatures, where required, are shown in Columns 7a and 7b, respectively.
(3) Refrigeration may be used as a means of stabilization only when approved by the Associate Administrator. Approvals issued by the Bureau of Explosives are no longer valid (see § 171.19 of this subchapter). Methods of stabilization approved by the Associate Administrator are as follows:
(i) For highway transportation:
(A) A material meeting the criteria of this paragraph (f) may be transported only in a transport vehicle, freight container, or motor vehicle equipped with a mechanical refrigeration unit, or loaded with a consumable refrigerant, capable of maintaining the inside temperature of the hazardous material at or below the control temperature required for the material during transportation.
(B) Each package containing a material meeting the criteria of this paragraph (f) must be loaded and maintained at or below the control temperature required for the material. The temperature of the material must be determined by appropriate means and entered on a written record at the time the packaging is loaded.
(C) The vehicle operator shall monitor the inside temperature of the transport vehicle, freight container, or motor vehicle and enter that temperature on a written record at the time the package is loaded and thereafter at intervals not exceeding two hours. Alternatively, a transport vehicle, freight container, or motor vehicle may be equipped with a visible or audible warning device that activates when the inside temperature of the transport vehicle, freight container, or motor vehicle exceeds the control temperature required for the material. The warning device must be readily visible or audible, as appropriate, from the vehicle operator's seat in the vehicle.
(D) The carrier shall advise the vehicle operator of the emergency temperature for the material, and provide the vehicle operator with written procedures that must be followed to assure maintenance of the control temperature inside the transport vehicle, freight container, or motor vehicle. The written procedures must include instructions for the vehicle operator on actions to take if the inside temperature exceeds the control temperature and approaches or reaches the emergency temperature for the material. In addition, the written temperature-control procedures must identify enroute
(E) The vehicle operator shall maintain the written temperature-control procedures, and the written record of temperature measurements specified in paragraph (f)(3)(i)(C) of this section, if applicable, in the same manner as specified in § 177.817 of this subchapter for shipping papers.
(F) If the control temperature is maintained by use of a consumable refrigerant (e.g., dry ice or liquid nitrogen), the quantity of consumable refrigerant must be sufficient to maintain the control temperature for twice the average transit time under normal conditions of transportation.
(G) A material that has a control temperature of 40 °C (104 °F) or higher may be transported by common carrier. A material that has a control temperature below 40 °C (104 °F) must be transported by a private or contract carrier.
(ii) For transportation by vessel, shipments are authorized in accordance with the control temperature requirements in Chapter 7.7 of the IMDG Code (IBR, see § 171.7 of this subchapter).
(g) Packages which give off a flammable gas or vapor, released from a material not otherwise subject to this subchapter, likely to create a flammable mixture with air in a transport vehicle.
(h) Packages containing materials (other than those classed as explosive) which will detonate in a fire.
(1) For purposes of this paragraph, “detonate” means an explosion in which the shock wave travels through the material at a speed greater than the speed of sound.
(2) When tests are required to evaluate the performance of a package under the provisions of this paragraph, the testing must be done or approved by one of the agencies specified in § 173.56.
(i) Except for a package containing a lighter design sample that meets the requirements of § 173.308(b)(2), a package containing a lighter (see § 171.8 of this subchapter) containing a Division 2.1 material, of a design that has not been examined and successfully tested by an authorized person under the criteria specified in § 173.308(a)(4) or, a lighter design containing a Class 3 material, that has not been approved by the Associate Administrator.
(j) An organic peroxide of the “ketone peroxide” category which contains more than 9 percent available oxygen as calculated using the equation in § 173.128(a)(4)(ii). The category, ketone peroxide, includes, but is not limited to:
(k) Notwithstanding any other provision of this subchapter, including subpart C of part 171 and 175.10(a)(2) of this subchapter, an oxygen generator (chemical) as cargo on a passenger-carrying aircraft. This prohibition does not apply to an oxygen generator for medical or personal use of a passenger that meets the requirements of § 175.10(a)(7) of this subchapter.
For
(a) Except as otherwise provided in this part, a person may offer a hazardous material for transportation in a packaging or container required by this part only in accordance with the following:
(1) The person shall class and describe the hazardous material in accordance with parts 172 and 173 of this subchapter, and
(2) The person shall determine that the packaging or container is an authorized packaging, including part 173 requirements, and that it has been manufactured, assembled, and marked in accordance with:
(i) Section 173.7(a) and parts 173, 178, or 179 of this subchapter;
(ii) A specification of the Department in effect at the date of manufacture of the packaging or container;
(iii) National or international regulations based on the UN Recommendations (IBR, see § 171.7 of this subchapter), as authorized in § 173.24(d)(2);
(iv) An approval issued under this subchapter; or
(v) An exemption or special permit issued under subchapter A of this chapter.
(3) In making the determination under paragraph (a)(2) of this section, the person may accept:
(i) Except for the marking on the bottom of a metal or plastic drum with a capacity over 100 L which has been reconditioned, remanufactured or otherwise converted, the manufacturer's certification, specification, approval, or exemption or special permit marking (see §§ 178.2 and 179.1 of this subchapter); or
(ii) With respect to cargo tanks provided by a carrier, the manufacturer's identification plate or a written certification of specification or exemption or special permit provided by the carrier.
(4) For a DOT Specification or UN standard packaging subject to the requirements of part 178 of this subchapter, a person must perform all functions necessary to bring the package into compliance with parts 173 and 178 of this subchapter, as identified by the packaging manufacturer or subsequent distributor (for example, applying closures consistent with the manufacturer's closure instructions) in accordance with § 178.2 of this subchapter. A person must maintain a copy of the manufacturer's notification, including closure instructions (
(b) No person may offer a motor carrier any hazardous material specified in 49 CFR 385.403 unless that motor carrier holds a safety permit issued by the Federal Motor Carrier Safety Administration.
(c) Prior to each shipment of fissile radioactive materials, and Type B or highway route controlled quantity packages of radioactive materials (see § 173.403), the shipper shall notify the consignee of the dates of shipment and expected arrival. The shipper shall also notify each consignee of any special loading/unloading instructions prior to his first shipment. For any shipment of irradiated reactor fuel, the shipper shall provide physical protection in compliance with a plan established under:
(1) Requirements prescribed by the U.S. Nuclear Regulatory Commission, or
(2) Equivalent requirements approved by the Associate Administrator.
For
(a) Except as provided in paragraph (b) of this section, no person may offer a hazardous material for transportation in a packaging the use of which is dependent upon an exemption or special permit issued under subpart B of part 107 of this title, unless that person is the holder of or a party to the exemption or special permit.
(b) If an exemption or special permit authorizes the use of a packaging for the transportation of a hazardous material by any person or class of persons other than or in addition to the holder of the exemption or special permit, that person or a member of that class of persons may use the packaging for the purposes authorized in the exemption or special permit subject to the terms specified therein. Copies of exemptions and special permits may be obtained by accessing the Hazardous Materials Safety Web site at
(c) When an exemption or special permit issued to a person who offers a hazardous material contains requirements that apply to a carrier of the hazardous material, the offeror shall furnish a copy of the current exemption or special permit to the carrier before or at the time a shipment is tendered.
(a) When the regulations specify a packaging with a specification marking prefix of “DOT,” a packaging marked prior to January 1, 1970, with the prefix of “ICC” may be used in its place if the packaging otherwise conforms to applicable specification requirements.
(b) [Reserved]
(c) After July 2, 1982, a seamless aluminum cylinder manufactured in conformance with and for use under DOT special permit (SP) or exemption (E) 6498, 7042, 8107, 8364 or 8422 may be continued in use if marked before or at the time of the next retest with either the specification identification “3AL” immediately above the special permit or exemption number, or the DOT mark (e.g., DOT 3AL 1800) in proximity to the special permit or exemption marking.
(d) Cylinders (spheres) manufactured and marked under DOT special permit (SP) or exemption (E) 6616 prior to January 1, 1983, may be continued in use if marked before or at the time of the next retest with the specification identification “4BA” near the special permit or exemption marking.
(e) After October 1, 1984, cylinders manufactured for use under special permit (SP) or exemption (E) 6668 or 8404 may be continued in use, and must be marked “DOT-4LXXXYY” (XXX to be replaced by the service pressure, YY to be replaced by the letters “AL”, if applicable) in compliance with Specification 4L (§ 178.57 of this subchapter) on or before January 1, 1986. The “DOT-4LXXXYY” must appear in proximity to other required special permit or exemption markings.
(f) An MC 331 cargo tank motor vehicle must conform to structural integrity requirements in § 178.337-3 or to corresponding requirements in effect at the time of manufacture.
(g) A non-bulk packaging manufactured, tested, marked, and certified on or before September 30, 1996, in accordance with the applicable provisions of subparts L and M of part 178 of this subchapter in effect on September 30, 1995, may be used as authorized by this subchapter if the packaging conforms to all requirements applicable at the time of manufacture. In addition, such a packaging may be reused as authorized by § 173.28 without a nominal thickness marking, if it conforms to the minimum thickness criteria prescribed in § 173.28(b)(4).
(h) A packaging that is permanently marked with a special permit number, “DOT-SP” or “DOT-E,” for which the provisions of the special permit have been incorporated into this subchapter may continue to be used for the life of the packaging without obliterating or otherwise removing the special permit number.
(i) An exemption packaging or shipping paper that is permanently marked “DOT-E” prior to October 1, 2007, may continue in use as long as the exemption or special permit remains valid, unless otherwise specified in the exemption or special permit.
For
(a) Applicability. Except as otherwise provided in this subchapter, the provisions of this section apply to—
(1) Bulk and non-bulk packagings;
(2) New packagings and packagings which are reused; and
(3) Specification and non-specification packagings.
(b) Each package used for the shipment of hazardous materials under this subchapter shall be designed, constructed, maintained, filled, its contents so limited, and closed, so that under conditions normally incident to transportation—
(1) Except as otherwise provided in this subchapter, there will be no identifiable (without the use of instruments) release of hazardous materials to the environment;
(2) The effectiveness of the package will not be substantially reduced; for example, impact resistance, strength, packaging compatibility, etc. must be maintained for the minimum and maximum temperatures, changes in humidity and pressure, and shocks, loadings and vibrations, normally encountered during transportation;
(3) There will be no mixture of gases or vapors in the package which could, through any credible spontaneous increase of heat or pressure, significantly reduce the effectiveness of the packaging;
(4) There will be no hazardous material residue adhering to the outside of the package during transport.
(c) Authorized packagings. A packaging is authorized for a hazardous material only if—
(1) The packaging is prescribed or permitted for the hazardous material in a packaging section specified for that material in Column 8 of the § 172.101 table and conforms to applicable requirements in the special provisions of Column 7 of the § 172.101 table and, for specification packagings (but not including UN standard packagings manufactured outside the United States), the specification requirements in parts 178 and 179 of this subchapter; or
(2) The packaging is permitted under, and conforms to, provisions contained in subparts B or C of part 171 of this subchapter or §§ 173.3, 173.4, 173.4a, 173.4b, 173.5, 173.5a, 173.6, 173.7, 173.8, 173.27, or § 176.11 of this subchapter.
(d)
(2) UN standard packagings manufactured outside the United States. A UN standard packaging manufactured outside the United States, in accordance with national or international regulations based on the UN Recommendations (IBR, see § 171.7 of this subchapter), may be imported and used and is considered to be an authorized packaging under the provisions of paragraph (c)(1) of this section, subject to the following conditions and limitations:
(i) The packaging fully conforms to applicable provisions in the UN Recommendations and the requirements of this subpart, including reuse provisions;
(ii) The packaging is capable of passing the prescribed tests in part 178 of this subchapter applicable to that standard; and
(iii) The competent authority of the country of manufacture provides reciprocal treatment for UN standard packagings manufactured in the U.S.
(e) Compatibility. (1) Even though certain packagings are specified in this part, it is, nevertheless, the responsibility of the person offering a hazardous material for transportation to ensure that such packagings are compatible with their lading. This particularly applies to corrosivity, permeability, softening, premature aging and embrittlement.
(2) Packaging materials and contents must be such that there will be no significant chemical or galvanic reaction between the materials and contents of the package.
(3) Plastic packagings and receptacles. (i) Plastic used in packagings and receptacles must be of a type compatible with the lading and may not be permeable to an extent that a hazardous condition is likely to occur during transportation, handling or refilling.
(ii) Each plastic packaging or receptacle which is used for liquid hazardous materials must be capable of withstanding without failure the procedure specified in appendix B of this part (“Procedure for Testing Chemical Compatibility and Rate of Permeation in Plastic Packagings and Receptacles”).
(A) 18 °C (64 °F) for 180 days in accordance with Test Method 1 in appendix B of this part;
(B) 50 °C (122 °F) for 28 days in accordance with Test Method 2 in appendix B of this part; or
(C) 60 °C (140 °F) for 14 days in accordance with Test Method 3 in appendix B of this part.
(iii) Alternative procedures or rates of permeation are permitted if they yield a level of safety equivalent to or greater than that provided by paragraph (e)(3)(ii) of this section and are specifically approved by the Associate Administrator.
(4) Mixed contents. Hazardous materials may not be packed or mixed together in the same outer packaging with other hazardous or nonhazardous materials if such materials are capable of reacting dangerously with each other and causing—
(i) Combustion or dangerous evolution of heat;
(ii) Evolution of flammable, poisonous, or asphyxiant gases; or
(iii) Formation of unstable or corrosive materials.
(5) Packagings used for solids, which may become liquid at temperatures likely to be encountered during transportation, must be capable of containing the hazardous material in the liquid state.
(f) Closures. (1) Closures on packagings shall be so designed and closed that under conditions (including the effects of temperature, pressure and vibration) normally incident to transportation—
(i) Except as provided in paragraph (g) of this section, there is no identifiable release of hazardous materials to the environment from the opening to which the closure is applied; and
(ii) The closure is leakproof and secured against loosening. For air transport, stoppers, corks or other such friction closures must be held in place by positive means.
(2) Except as otherwise provided in this subchapter, a closure (including gaskets or other closure components, if any) used on a specification packaging must conform to all applicable requirements of the specification and must be closed in accordance with information, as applicable, provided by the manufacturer's notification required by § 178.2 of this subchapter.
(g)
(1) Except for shipments of cryogenic liquids as specified in § 173.320(c) and of carbon dioxide, solid (dry ice), transportation by aircraft is not involved;
(2) Except as otherwise provided in this subchapter, the evolved gases are not poisonous, likely to create a flammable mixture with air or be an asphyxiant under normal conditions of transportation;
(3) The packaging is designed so as to preclude an unintentional release of hazardous materials from the receptacle;
(4) For bulk packagings, other than IBCs, venting is authorized for the specific hazardous material by a special provision in the § 172.101 table or by the applicable bulk packaging specification in part 178 of this subchapter; and
(5) Intermediate bulk packagings (IBCs) may be vented when required to reduce internal pressure that may develop by the evolution of gas subject to the requirements of paragraphs (g)(1) through (g)(3) of this section. The IBC must be of a type that has successfully passed (with the vent in place) the applicable design qualification tests with no release of hazardous material.
(h) Outage and filling limits—(1)
(2)
(i)
(a)
(1)
(2)
(3)
(4)
(5)
(b)
(i) A Packing Group I packaging may be used for a Packing Group II material with a specific gravity not exceeding the greater of 1.8, or 1.5 times the specific gravity marked on the packaging, provided all the performance criteria can still be met with the higher specific gravity material;
(ii) A Packing Group I packaging may be used for a Packing Group III material with a specific gravity not exceeding the greater of 2.7, or 2.25 times the specific gravity marked on the packaging, provided all the performance criteria can still be met with the higher specific gravity material; and
(iii) A Packing Group II packaging may be used for a Packing Group III material with a specific gravity not exceeding the greater of 1.8, or 1.5 times the specific gravity marked on the packaging, provided all the performance criteria can still be met with the higher specific gravity material.
(2) Except as otherwise provided in this section, a non-bulk packaging may not be filled with a hazardous material to a gross mass greater than the maximum gross mass marked on the packaging.
(3) A single or composite non-bulk packaging which is tested and marked for liquid hazardous materials may be filled with a solid hazardous material to a gross mass, in kilograms, not exceeding the rated capacity of the packaging in liters, multiplied by the specific gravity marked on the packaging, or 1.2 if not marked. In addition:
(i) A single or composite non-bulk packaging which is tested and marked for Packing Group I liquid hazardous materials may be filled with a solid
(ii) A single or composite non-bulk packaging which is tested and marked for Packing Group I liquid hazardous materials may be filled with a solid Packing Group III hazardous material to a gross mass, in kilograms, not exceeding the rated capacity of the packaging in liters, multiplied by 2.25, multiplied by the specific gravity marked on the packaging, or 1.2 if not marked.
(iii) A single or composite non-bulk packaging which is tested and marked for Packing Group II liquid hazardous materials may be filled with a solid Packing Group III hazardous material to a gross mass, in kilograms, not exceeding the rated capacity of the packaging in liters, multiplied by 1.5, multiplied by the specific gravity marked on the packaging, or 1.2 if not marked.
(4) Packagings tested as prescribed in § 178.605 of this subchapter and marked with the hydrostatic test pressure as prescribed in § 178.503(a)(5) of this subchapter may be used for liquids only when the vapor pressure of the liquid conforms to one of the following:
(i) The vapor pressure must be such that the total pressure in the packaging (i.e., the vapor pressure of the liquid plus the partial pressure of air or other inert gases, less 100 kPa (15 psia)) at 55 °C (131 °F), determined on the basis of a maximum degree of filling in accordance with paragraph (d) of this section and a filling temperature of 15 °C (59 °F)), will not exceed two-thirds of the marked test pressure;
(ii) The vapor pressure at 50 °C (122 °F) must be less than four-sevenths of the sum of the marked test pressure plus 100 kPa (15 psia); or
(iii) The vapor pressure at 55 °C (131 °F) must be less than two-thirds of the sum of the marked test pressure plus 100 kPa (15 psia).
(5) No hazardous material may remain on the outside of a package after filling.
(c)
(i) The inner and outer packagings used for each hazardous material conform to the relevant packaging sections of this part applicable to that hazardous material;
(ii) The package as prepared for shipment meets the performance tests prescribed in part 178 of this subchapter for the packing group indicating the highest order of hazard for the hazardous materials contained in the package;
(iii) Corrosive materials (except ORM-D) in bottles are further packed in securely closed inner receptacles before packing in outer packagings; and
(iv) For transportation by aircraft, the total net quantity does not exceed the lowest permitted maximum net quantity per package as shown in Column 9a or 9b, as appropriate, of the § 172.101 table. The permitted maximum net quantity must be calculated in kilograms if a package contains both a liquid and a solid.
(2) A packaging containing inner packagings of Division 6.2 materials may not contain other hazardous materials except—
(i) Refrigerants, such as dry ice or liquid nitrogen, as authorized under the HMR;
(ii) Anticoagulants used to stabilize blood or plasma; or
(iii) Small quantities of Class 3, Class 8, Class 9, or other materials in Packing Groups II or III used to stabilize or prevent degradation of the sample, provided the quantity of such materials does not exceed 30 mL (1 ounce) or 30 g (1 ounce) in each inner packaging. The maximum quantity in an outer package, including a hazardous material used to preserve or stabilize a sample, may not exceed 4 L (1 gallon) or 4 kg (8.8 pounds). Such preservatives are not subject to the requirements of this subchapter.
(d) Liquids must not completely fill a receptacle at a temperature of 55 °C (131 °F) or less.
(a)
(i) 46 °C (115 °F) for a noninsulated tank;
(ii) 43 °C (110 °F) for a tank car having a thermal protection system, incorporating a metal jacket that provides an overall thermal conductance at 15.5 °C (60 °F) of no more than 10.22 kilojoules per hour per square meter per degree Celsius (0.5 Btu per hour/per square foot/ per degree F) temperature differential; or
(iii) 41 °C (105 °F) for an insulated tank.
(2) Hazardous materials may not be loaded into the dome of a tank car. If the dome of the tank car does not provide sufficient outage, vacant space must be left in the shell to provide the required outage.
(b)
(c) Air pressure in excess of ambient atmospheric pressure may not be used to load or unload any lading which may create an air-enriched mixture within the flammability range of the lading in the vapor space of the tank.
(d) A bulk packaging may not be loaded with a hazardous material that:
(1) Is at a temperature outside of the packaging's design temperature range; or
(2) Except as otherwise provided in this subchapter, exceeds the maximum weight of lading marked on the specification plate.
(e)
(2) IBCs and Large Packagings designed and tested to be stacked. The superimposed weight placed upon an IBC or a Large Packaging designed to be stacked may not exceed the maximum permissible stacking test mass marked on the packaging.
(f)
(2)
(i) Conform to applicable provisions in the UN Recommendations (IBR, see § 171.7 of this subchapter) and the requirements of this subpart;
(ii) Be capable of passing the prescribed tests and inspections in part 180 of this subchapter applicable to the UN portable tank specification;
(iii) Be designed and manufactured according to the ASME Code (IBR, see § 171.7 of this subchapter) or a pressure vessel design code approved by the Associate Administrator;
(iv) Be approved by the Associate Administrator when the portable tank is designed and constructed under the provisions of an alternative arrangement (see § 178.274(a)(2) of this subchapter); and
(v) The competent authority of the country of manufacture must provide reciprocal treatment for UN portable tanks manufactured in the United States.
(a) Authorized packages containing hazardous materials may be offered for transportation in an overpack as defined in § 171.8 of this subchapter, if all of the following conditions are met:
(1) The package meets the requirements of §§ 173.21 and 173.24 of this subchapter.
(2) The overpack is marked with the proper shipping name and identification number, when applicable, and is labeled as required by this subchapter for each hazardous material contained therein, unless marking and labels representative of each hazardous material in the overpack are visible.
(3) Each package subject to the orientation marking requirements of § 172.312 of this subchapter is packed in the overpack with its filling holes up and the overpack is marked with package orientation marking arrows on two opposite vertical sides of the overpack with the arrows pointing in the correct direction of orientation.
(4) The overpack is marked with the word “OVERPACK” when specification packagings are required, unless specification markings on the inside packages are visible.
(5) Packages containing Class 8 (corrosive) materials in Packing Group I or Division 5.1 (oxidizing) materials in Packing Group I may not be overpacked with any other materials.
(6) Where packages of limited quantity materials are overpacked and, until December 31, 2012 or December 31, 2013, packages bearing the ORM-D AIR or ORM-D marking, respectively, must be marked “OVERPACK” unless all marking required by this section are visible. Where packages of excepted quantities (
(b) Shrink-wrapped or stretch-wrapped trays may be used as outer packagings for inner packagings prepared in accordance with the limited quantity provisions or consumer commodity provisions of this subchapter, provided that—
(1) Inner packagings are not fragile, liable to break or be easily punctured, such as those made of glass, porcelain, stoneware or certain plastics; and
(2) Each complete package does not exceed 20 kg (44 lbs) gross weight.
(c) Hazardous materials which are required to be labeled POISON may be transported in the same motor vehicle with material that is marked or known to be foodstuffs, feed or any edible material intended for consumption by humans or animals provided the hazardous material is marked, labeled, and packaged in accordance with this subchapter, conforms to the requirements of paragraph (a) of this section and is overpacked as specified in § 177.841(e) of this subchapter or in an overpack which is a UN 1A2, 1B2, or 1N2
When quantity limitations do not appear in the packaging requirements of this subchapter, the permitted gross weight or capacity authorized for a packaging is as shown in the packaging specification or standard in part 178 or 179, as applicable, of this subchapter.
(a) The requirements of this section are in addition to the requirements in § 173.24 and apply to packages offered or intended for transportation aboard aircraft. Except for materials not subject to performance packaging requirements in subpart E of this part, a packaging containing a Packing Group III material with a primary or subsidiary risk of Division 4.1, 4.2, 4.3, 5.1, or Class 8 must meet the Packing Group II performance level when offered or intended for transportation by aircraft.
(b)
(2) When Column 9b of the § 172.101 table indicates that a material is “Forbidden”, that material may not be offered for transportation or transported aboard aircraft.
(3) The maximum quantity of hazardous material in a package that may be offered for transportation or transported aboard a passenger-carrying aircraft or cargo aircraft may not exceed that quantity prescribed for the material in Column 9a or 9b, respectively, of the § 172.101 table.
(4) A package containing a hazardous material which is authorized aboard cargo aircraft but not aboard passenger aircraft must be labeled with the CARGO AIRCRAFT ONLY label required by § 172.402(c) of this subchapter and may not be offered for transportation or transported aboard passenger-carrying aircraft.
(c)
(2) Packagings for which retention of liquid is a basic function must be capable of withstanding without leakage the greater of—
(i) An internal pressure which produces a gauge pressure of not less than 75 kPa (11 psig) for liquids in Packing Group III of Class 3 or Division 6.1; or 95 kPa (14 psig) for other liquids; or
(ii) A pressure related to the vapor pressure of the liquid to be conveyed, determined by one of the following:
(A) The total gauge pressure measured in the receptacle (i.e., the vapor pressure of the material and the partial pressure of air or other inert gases, less 100 kPa (15 psia)) at 55 °C (131 °F), multiplied by a safety factor of 1.5; determined on the basis of a filling temperature of 15 °C (59 °F) and a degree of filling such that the receptacle is not completely liquid full at a temperature of 55 °C (131 °F) or less;
(B) 1.75 times the vapor pressure at 50 °C (122 °F) less 100 kPa (15 psia); or
(C) 1.5 times the vapor pressure at 55 °C (131 °) less 100 kPa (15 psia).
(3) Notwithstanding the provisions of paragraph (c)(2) of this section—
(i) Hazardous materials may be contained in an inner packaging which does not itself meet the pressure requirement provided that the inner packaging is packed within a supplementary packaging which does meet the pressure requirement and other applicable packaging requirements of this subchapter.
(ii) Packagings which are subject to the hydrostatic pressure test and marking requirements of §§ 178.605 and 178.503(a)(5), respectively, of this subchapter must have a marked test pressure of not less than 250 kPa (36 psig) for liquids in Packing Group I, 80 kPa (12 psig) for liquids in Packing Group
(d)
(e)
(1) Packing Group I liquids on passenger aircraft must be packaged using materials capable of absorbing the entire contents of the inner packagings.
(2) Packing Group I liquids on cargo aircraft, and Packing Group II liquids including Division 5.2 liquids on passenger and cargo aircraft, must be packaged using a sufficient quantity of absorbent material to absorb the entire contents of any one of the inner packagings containing such liquids. When the inner packagings are of different sizes and quantities, sufficient absorbent material must be used to absorb the entire contents of the inner packaging with the greatest volume of liquid.
(3) When absorbent materials are required and the outer packaging is not liquid tight, a means of containing the liquid in the event of a leakage must be provided in the form of a leakproof liner, plastic bag or other equally efficient means of containment.
(4) Absorbent material must not react dangerously with the liquid (see §§ 173.24 and 173.24a.).
(5) Absorbent material is not required if the inner packagings are so protected that they are unlikely to break and leak their contents from the outer packaging under normal conditions of transportation.
(f)
(2)
(A) Those in Packing Group I;
(B) Class 1 (explosive) and Class 7 (radioactive) material;
(C) Divisions 2.1 (flammable gas) (except Aerosols (UN1950) and Receptacles, small (UN2037) without subsidiary risk) and Division 2.3 (toxic gas);
(D) Divisions 4.1 (self-reactive), 4.2 (spontaneously combustible) (primary or subsidiary risk), and 4.3 (dangerous when wet) (liquids);
(E) Division 5.2 (organic peroxide) (except when contained in a Chemical or First aid kit (UN3316) or Polyester resin kit (UN3269) (Types D, E and F non-temperature controlled only));
(F) Class 8 (corrosive) materials UN2794, UN2795, UN2803, UN2809, 3028; and
(G) All Class 9 (miscellaneous) materials
(ii) Effective January 1, 2012, packages must be marked with the limited quantity “Y” mark as prescribed in § 172.315 of this part when conforming to Table 3 of this paragraph. Until December 31, 2012, a package may instead be marked with the proper shipping name “Consumer commodity” and “ORM-D-AIR” (including “Charcoal,
(iii) Strong outer packagings are required and a completed package may not exceed 30 kg (66 lbs) gross weight.
(iv) A secondary means of closure required for all liquids contained in inner packagings. If this requirement cannot be satisfied, the use of an intermediate and leakproof form of containment, such as a liner, is required.
(v) Packages must be capable of passing a 1.2 m drop test on to a rigid, non-resilient, flat and horizontal surface, in the position most likely to cause damage. The criteria for passing the test is that the outer packaging must not exhibit any damage affecting safety in transport and there must be no leakage from the inner packagings.
(vi) Each package must be capable of withstanding, without breakage or leakage of any inner packaging, a force applied to the top surface for a duration of 24 hours equivalent to the total weight of identical packages if stacked to a height of 3 m (including the test sample).
(vii) Except for UN3082, inner packagings of combination packagings containing liquids must be capable of passing the appropriate pressure differential test prescribed in paragraph (c) of this section.
(3) The tables are as follows:
(g)
(1) By equipping each cylinder with securely attached valve caps or protective headrings; or
(2) By boxing or crating the cylinder.
(h) Tank cars and cargo tanks. Any tank car or cargo tank containing a hazardous material may not be transported aboard aircraft.
(i) Effective October 1, 2006, each person who offers a hazardous material for transportation by aircraft must include the certification statement specified in § 172.204(c)(3).
(a)
(b)
(1) A non-bulk packaging which, upon inspection, shows evidence of a reduction in integrity may not be reused unless it is reconditioned in accordance with paragraph (c) of this section.
(2) Before reuse, packagings subject to the leakproofness test with air prescribed in § 178.604 of this subchapter shall be—
(i) Retested without failure in accordance with § 178.604 of this subchapter using an internal air pressure (gauge) of at least 48 kPa (7.0 psig) for Packing Group I and 20 kPa (3.0 psig) for Packing Group II and Packing Group III; and
(ii) Marked with the letter “L”, with the name and address or symbol of the person conducting the test, and the last two digits of the year the test was conducted. Symbols, if used, must be registered with the Associate Administrator.
(3) Packagings made of paper (other than fiberboard), plastic film, or textile are not authorized for reuse;
(4) Metal and plastic drums and jerricans used as single packagings or the outer packagings of composite packagings are authorized for reuse only when they are marked in a permanent manner (e.g., embossed) in mm with the nominal (for metal packagings) or minimum (for plastic packagings) thickness of the packaging material, as required by § 178.503(a)(9) of this subchapter, and—
(i) Except as provided in paragraph (b)(4)(ii) of this section, conform to the following minimum thickness criteria:
(ii) For stainless steel drums and jerricans, conform to a minimum wall thickness as determined by the following equivalence formula:
(5) Plastic inner receptacles of composite packagings must have a minimum thickness of 1.0 mm (0.039 inch).
(6) A previously used non-bulk packaging may be reused for the shipment of hazardous waste, not subject to the reconditioning and reuse provisions of this section, in accordance with § 173.12(c).
(7) Notwithstanding the provisions of paragraph (b)(2) of this section, a packaging otherwise authorized for reuse may be reused without being leakproofness tested with air provided the packaging—
(i) Is refilled with a material which is compatible with the previous lading:
(ii) Is refilled and offered for transportation by the original filler;
(iii) Is transported in a transport vehicle or freight container under the exclusive use of the refiller of the packaging; and
(iv) Is constructed of—
(A) Stainless steel, monel or nickel with a thickness not less than one and one-half times the minimum thickness prescribed in paragraph (b)(4) of this section;
(B) Plastic, provided the packaging is not refilled for reuse on a date more than five years from the date of manufacture marked on the packaging in accordance with § 178.503(a)(6) of this subchapter; or
(C) Another material or thickness when approved under the conditions established by the Associate Administrator for reuse without retesting.
(c)
(i) Cleaning to base material of construction, with all former contents, internal and external corrosion, and any external coatings and labels removed;
(ii) Restoring to original shape and contour, with chimes (if any) straightened and sealed, and all non-integral gaskets replaced: and
(iii) Inspecting after cleaning but before painting, Packagings that have visible pitting, significant reduction in material thickness, metal fatigue, damaged threads or closures, or other significant defects, must be rejected.
(2) For the purpose of this subchapter, reconditioning of a non-bulk packaging other than a metal drum includes:
(i) Removal of all former contents, external coatings and labels, and cleaning to the original materials of construction;
(ii) Inspection after cleaning with rejection of packagings with visible damage such as tears, creases or cracks, or damaged threads or closures, or other significant defects;
(iii) Replacement of all non-integral gaskets and closure devices with new or refurbished parts, and cushioning and cushioning materials; and components including gaskets, closure devices and cushioning and cushioning material. (For a UN 1H1 plastic drum, replacing a removable gasket or closure device with another of the same design and material that provides equivalent performance does not constitute reconditioning); and
(iv) Ensuring that the packagings are restored to a condition that conforms in all respects with the prescribed requirements of this subchapter.
(3) A person who reconditions a packaging manufactured and marked under the provisions of subpart L of part 178 of this subchapter, shall mark that packaging as required by § 178.503(c) and (d) of this subchapter. The marking is the certification of the reconditioner that the packaging conforms to the standard for which it is marked and that all functions performed by the reconditioner which are prescribed by this subchapter have been performed in compliance with this subchapter.
(4) The markings applied by the reconditioner may be different from those applied by the manufacturer at the time of original manufacture, but may not identify a greater performance capability than that for which the original design type had been tested (for example, the reconditioner may mark a drum which was originally marked as 1A1/Y1.8 as 1A1/Y1.2 or 1A1/Z2.0).
(5) Packagings which have significant defects which cannot be repaired may not be reused.
(d)
(e)
(f) A Division 6.2 packaging to be reused must be disinfected prior to reuse by any means effective for neutralizing the infectious substance the packaging previously contained. A secondary packaging or outer packaging conforming to the requirements of § 173.196 or § 173.199 need not be disinfected prior to reuse if no leakage from the primary receptacle has occurred. Drums or jerricans not meeting the minimum thickness requirements prescribed in paragraph (b)(4)(i) of this section may not be reused or reconditioned for reuse.
For
(a) General. Except as otherwise provided in this section, an empty packaging containing only the residue of a hazardous material shall be offered for transportation and transported in the same manner as when it previously contained a greater quantity of that hazardous material.
(b) Notwithstanding the requirements of paragraph (a) of this section, an empty packaging is not subject to any other requirements of this subchapter if it conforms to the following provisions:
(1) Any hazardous material shipping name and identification number markings, any hazard warning labels or placards, and any other markings indicating that the material is hazardous (e.g., RQ, INHALATION HAZARD) are removed, obliterated, or securely covered in transportation. This provision does not apply to transportation in a transport vehicle or a freight container if the packaging is not visible in transportation and the packaging is loaded by the shipper and unloaded by the shipper or consignee;
(2) The packaging—
(i) Is unused;
(ii) Is sufficiently cleaned of residue and purged of vapors to remove any potential hazard;
(iii) Is refilled with a material which is not hazardous to such an extent that any residue remaining in the packaging no longer poses a hazard; or
(iv) Contains only the residue of—
(A) An ORM-D material; or
(B) A Division 2.2 non-flammable gas, other than ammonia, anhydrous, and with no subsidiary hazard, at a gauge pressure less than 200 kPa (29.0 psig); at 20 °C (68 °F); and
(3) Any material contained in the packaging does not meet the definitions in § 171.8 of this subchapter for a hazardous substance, a hazardous waste, or a marine pollutant.
(c) A non-bulk packaging containing only the residue of a hazardous material covered by Table 2 of § 172.504 of this subchapter that is not a material poisonous by inhalation or its residue shipped under the subsidiary placarding provisions of § 172.505—
(1) Does not have to be included in determining the applicability of the placarding requirements of subpart F of part 172 of this subchapter; and
(2) Is not subject to the shipping paper requirements of this subchapter when collected and transported by a contract or private carrier for reconditioning, remanufacture or reuse.
(d) Notwithstanding the stowage requirements in Column 10a of the § 172.101 table for transportation by vessel, an empty drum or cylinder may be stowed on deck or under deck.
(e) Specific provisions for describing an empty packaging on a shipping
(f) [Reserved]
(g) A package which contains a residue of an elevated temperature material may remain marked in the same manner as when it contained a greater quantity of the material even though it no longer meets the definition in § 171.8 of this subchapter for an elevated temperature material.
(h) A package that contains a residue of a hazardous substance, Class 9, listed in the § 172.101 Table, Appendix A, Table I, that does not meet the definition of another hazard class and is not a hazardous waste or marine pollutant, may remain marked, labeled and, if applicable, placarded in the same manner as when it contained a greater quantity of the material even though it no longer meets the definition in § 171.8 of this subchapter for a hazardous substance.
A person who is subject to the loading and unloading regulations in this subchapter must load or unload hazardous materials into or from a transport vehicle or vessel in conformance with the applicable loading and unloading requirements of parts 174, 175, 176, and 177 of this subchapter.
(a)
(2) Tank cars and appurtenances may be used for the transportation of any commodity for which they are authorized in this part and specified on the certificate of construction (AAR Form 4-2 or by addendum on Form R-1). See § 179.5 of this subchapter. Transfer of a tank car from one specified service on its certificate of construction to another may be made only by the owner or with the owner's authorization. A tank car proposed for a commodity service other than specified on its certificate of construction must be approved for such service by the AAR's Tank Car Committee.
(3) No person may fill a tank car overdue for periodic inspection with a hazardous material and then offer it for transportation. Any tank car marked as meeting a DOT specification and any non-specification tank car transporting a hazardous material must have a periodic inspection and test conforming to subpart F of part 180 of this subchapter.
(4) No railroad tank car, regardless of its construction date, may be used for the transportation in commerce of any hazardous material unless the air brake equipment support attachments of such tank car conform to the standards for attachments set forth in §§ 179.100-16 and 179.200-19 of this subchapter.
(5) No railroad tank car, regardless of its construction date, may be used for the transportation in commerce of any hazardous material with a self-energized manway located below the liquid level of the lading.
(6) Unless otherwise specifically provided in this part:
(i) When the tank car delimiter is an “A,” offerors may also use tank cars with a delimiter “S,” “J” or “T”.
(ii) When the tank car delimiter is an “S,” offerors may also use tank cars with a delimiter “J” or “T”.
(iii) When a tank car delimiter is a “T” offerors may also use tank cars with a delimiter of “J”.
(iv) When a tank car delimiter is a “J”, offerors may not use a tank car with any other delimiter.
(7) A class DOT-103 or DOT-104 tank car may continue to be used for the transportation of a hazardous material if it meets the requirements of this subchapter and the design requirements in Part 179 of this subchapter in effect on September 30, 2003; however, no new construction is authorized.
(8) A tank car authorized by the Transport Canada TDG Regulations (IBR, see § 171.7 of this subchapter) may be used provided it conforms to the applicable requirements in § 171.12 of this subchapter.
(b)
(2)
(ii) A single-unit tank car transporting a Division 6.1 PG I or II, or Class 2, 3, or 4 material must have a reclosing pressure relief device. However, a single-unit tank car built before January 1, 1991, and equipped with a non-reclosing pressure relief device may be used to transport a Division 6.1 PG I or II material or a Class 4 liquid provided such materials do not meet the definition of a material poisonous by inhalation.
(3)
(i) Tank cars transporting a Class 2 material.
(ii) Tank cars constructed from aluminum or nickel plate that are used to transport hazardous material.
(iii) Except as provided in paragraph (b)(3)(iv) of this section, those tank cars specified in paragraphs (b)(3)(i) and (ii) of this section not requiring a tank-head puncture resistance system prior to July 1, 1996, must have a tank-head puncture resistance system installed no later than July 1, 2006.
(iv) Class DOT 105A tank cars built prior to September 1, 1981, having a tank capacity less than 70 kl (18,500 gallons), and used to transport a Division 2.1 (flammable gas) material, must have a tank-head puncture-resistant system installed no later than July 1, 2001.
(4)
(i) Tank cars transporting a Class 2 material, except for a class 106, 107A, 110, and 113 tank car. A tank car equipped with a thermal protection system conforming to § 179.18 of this subchapter, or that has an insulation system having an overall thermal conductance of no more than 0.613 kilojoules per hour, per square meter, per degree Celsius temperature differential (0.03 B.t.u. per square foot, per hour, per degree Fahrenheit temperature differential), conforms to this requirement.
(ii) A tank car transporting a Class 2 material that was not required to have thermal protection prior to July 1, 1996, must be equipped with thermal protection no later than July 1, 2006.
(5)
(6)
(i) Each tank car owner shall modify, reassign, retire, or remove at least 50 percent of their in-service tank car fleet within the first half of the compliance period and the remainder of their in-service tank car fleet during
(ii) By October 1 of each year, each owner of a tank car subject to this paragraph (b)(6) shall submit to the Federal Railroad Administration, Hazardous Materials Division, Office of Safety Assurance and Compliance, 1120 Vermont Avenue, Mail Stop 25, Washington, DC 20590, a progress report that shows the total number of in-service tank cars that need head protection, thermal protection, or bottom-discontinuity protection; the number of new or different tank cars acquired to replace those tank cars required to be upgraded to a higher service pressure; and the total number of tank cars modified, reassigned, acquired, retired, or removed from service the previous year.
(c)
(1) Except for shipments of carbon dioxide, anhydrous hydrogen chloride, vinyl fluoride, ethylene, or hydrogen, 133 percent of the sum of lading vapor pressure at the reference temperature of 46 °C (115 °F) for non-insulated tank cars or 41 °C (105 °F) for insulated tank cars plus static head, plus gas padding pressure in the vacant space of a tank car;
(2) 133 percent of the maximum loading or unloading pressure, whichever is greater;
(3) 20.7 Bar (300 psig) for materials that are poisonous by inhalation (see § 173.31(e)(2)(ii) for compliance dates);
(4) The minimum pressure prescribed by the specification in part 179 of this subchapter; or
(5) The minimum test pressure prescribed for the specific hazardous material in the applicable packaging section in subpart F or G of this part.
(d)
(i) Except where insulation or a thermal protection system precludes an inspection, the tank shell and heads for abrasion, corrosion, cracks, dents, distortions, defects in welds, or any other condition that makes the tank car unsafe for transportation;
(ii) The piping, valves, fittings, and gaskets for corrosion, damage, or any other condition that makes the tank car unsafe for transportation;
(iii) For missing or loose bolts, nuts, or elements that make the tank car unsafe for transportation;
(iv) All closures on tank cars and determine that the closures and all fastenings securing them are properly tightened in place by the use of a bar, wrench, or other suitable tool;
(v) Protective housings for proper securement;
(vi) The pressure relief device, including a careful inspection of the rupture disc in non-reclosing pressure relief devices, for corrosion or damage that may alter the intended operation of the device. The rupture disc is not required to be removed prior to visual inspection if the tank car contains the residue, as defined in § 171.8 of this subchapter, of a Class 8, PG II or PG III material with no subsidiary hazard or the residue of a Class 9 elevated temperature material;
(vii) Each tell-tale indicator after filling and prior to transportation to ensure the integrity of the rupture disc;
(viii) The external thermal protection system, tank-head puncture resistance system, coupler vertical restraint system, and bottom discontinuity protection for conditions that make the tank car unsafe for transportation;
(ix) The required markings on the tank car for legibility; and
(x) The periodic inspection date markings to ensure that the inspection and test intervals are within the prescribed intervals.
(2) Closures on tank cars are required, in accordance with this subchapter, to be designed and closed so that under conditions normally incident to transportation, including the effects of temperature and vibration, there will be no identifiable release of
(e)
(2) Tank car specifications. A tank car used for a material poisonous by inhalation must have a tank test pressure of 20.7 Bar (300 psig) or greater, head protection, and a metal jacket (e.g., DOT 105S300W), except that—
(i) A higher test pressure is required if otherwise specified in this subchapter; and
(ii) Each tank car constructed on or after March 16, 2009, and used for the transportation of PIH materials must meet the applicable authorized tank car specifications and standards listed in § 173.244(a)(2) or (3) and § 173.314(c) or (d).
(iii) A tank car meeting the applicable authorized tank car specifications listed in § 173.244(a)(2) or (3), or § 173.314(c) or (d) is authorized for the transportation of a material poisonous by inhalation for a period of 20 years after the date of original construction.
(iv) A tank car owner retiring or otherwise removing a tank car from service transporting materials poisonous by inhalation, other than because of damage to the car, must retire or remove cars constructed of non-normalized steel in the head or shell before removing any car in service transporting materials poisonous by inhalation constructed of normalized steel meeting the applicable DOT specification.
(f)
(i) No metal jacket is required if—
(A) The tank test pressure is 23.4 Bar (340 psig) or higher; or
(B) The tank shell and heads are manufactured from AAR steel specification TC-128, normalized;
(ii) A higher test pressure is required if otherwise specified in this subchapter; and
(iii) Other than as provided in paragraph (b)(6) of this section, a tank car which does not conform to the requirements of this paragraph (f)(1), and was authorized for a hazardous substance under the regulations in effect on June 30, 1996, may continue in use until July 1, 2006.
(2)
(g)
(1) Each hazmat employee who is responsible for loading or unloading a tank car must secure access to the track to prevent entry by other rail equipment, including motorized service vehicles. Derails, lined and locked switches, portable bumper blocks, or other equipment that provides an equivalent level of security may be used to satisfy this requirement.
(2) Caution signs must be displayed on the track or on the tank cars to warn persons approaching the cars from the open end of the track and must be left up until after all closures are secured and the cars are in proper condition for transportation. The caution signs must be of metal or other durable material, rectangular, at 30.48 cm (12 inches) high by 38.10 cm (15 inches) wide, and bear the word “STOP.” The word “STOP” must appear in letters at least 10.16 cm (4 inches) high. The letters must be white on a blue background. Additional words, such as “Tank Car Connected” or “Crew at Work,” may also appear in white letters under the word “STOP.”
(3) At least one wheel on the tank car must be blocked against movement in both directions, and the hand brakes must be set. If multiple tank cars are coupled together, sufficient hand brakes must be set and wheels blocked to prevent movement in both directions.
(a)
(1) Except as otherwise provided in this subpart, no person may use a portable tank for the transportation of a hazardous material unless it meets the requirements of this subchapter.
(2) No person may fill and offer for transportation a portable tank when the prescribed periodic test or inspection under subpart G of part 180 of this subchapter has become due until the test or inspection has been successfully completed. This requirement does not apply to any portable tank filled prior to the test or inspection due date.
(3) When a portable tank is used as a cargo tank motor vehicle, it must conform to all the requirements prescribed for cargo tank motor vehicles. (See § 173.33.)
(b)
(1) An IM or UN portable tank may be used whenever an IM or UN portable tank having less stringent requirements is authorized provided the portable tank meets or exceeds the requirements for pressure-relief devices, bottom outlets and any other special provisions specified in § 172.102(c)(7)(vi) of this subchapter.
(2) Where a Specification IM101 or IM102 portable tank is prescribed, a UN portable tank or Specification 51 portable tank otherwise conforming to the special commodity requirements of § 172.102(c)(7) of this subchapter for the material to be transported may be used.
(3) A DOT Specification 51 portable tank may be used whenever a DOT Specification 56, 57, or 60 portable tank is authorized. A DOT Specification 60 portable tank may be used whenever a DOT Specification 56 or 57 portable tank is authorized. A higher integrity tank used instead of a specified portable tank must meet the same design profile; for example, a DOT Specification 51 portable tank must be lined if used instead of a lined DOT Specification 60 portable tank.
(4) A portable tank authorized by the Transport Canada TDG Regulations (IBR, see § 171.7 of this subchapter) may be used provided it conforms to the applicable requirements in § 171.12 of this subchapter.
(c)
(2) A DOT Specification 51, IM 101, or IM 102 portable tank may not be manufactured after January 1, 2003; however, such tanks may continue to be used for the transportation of a hazardous material provided they meet the requirements of this subchapter, including the specification requirements and the requirements of this subchapter for the transportation of the particular hazardous material according to the T codes in effect on September 30, 2001 or the new T codes in § 172.102(c)(7)(i) (see § 171.14(d)(4) for transitional provisions applicable to T codes), and provided the portable tanks conform to the periodic inspection and tests specified for the particular portable tank in subpart G of part 180 of this subchapter. After January 1, 2003, all newly manufactured portable tanks must conform to the requirements for the design, construction and approval of UN portable tanks as specified in §§ 178.273, 178.274, 178.275, 178.276, 178.277 and part 180, subpart G, of this subchapter.
(3) A DOT Specification portable tank manufactured prior to January 1, 1992 that is equipped with a non-reclosing pressure relief device may continue in service for the hazardous materials for which it is authorized. Except for a DOT Specification 56 or 57 portable tank, a DOT Specification portable tank manufactured after January 1, 1992, used for materials meeting the definition for Division 6.1 liquids, Packing Group I or II, Class 2 gases, or Class 3 or 4 liquids, must be equipped with a reclosing pressure relief valve having adequately sized venting capacity unless otherwise specified in this subchapter (see §§ 178.275(f)(1) and 178.277 of this subchapter).
(4) Any portable tank container constructed prior to May 15, 1950, complying with the requirements of either the ASME Code for Unfired Pressure Vessels, 1946 Edition, or the API ASME Code for Unfired Pressure Vessels, 1943 Edition, may be used for the transportation of liquefied compressed gas, provided it fulfills all the requirements of the part and specifications for the particular gas or gases to be transported. Such portable tanks must be marked “ICC Specification 51X” on the plate required by the specification, except as modified by any or all of the following:
(i) Portable tanks designed and constructed in accordance with Pars. U-68, U-69, or U-201 of the ASME Code, 1943 and 1946 editions, may be used. Portable tanks designed and constructed in accordance with Par. U-68 or Par. U-69 may be re-rated at a working pressure 25 percent in excess of the design pressure for which the portable tank was originally constructed. If the portable tank is re-rated, the re-rated pressure must be marked on the plate as follows: “Re-rated working pressure—psig”.
(ii) Loading and unloading accessories, valves, piping, fittings, safety and gauging devices, do not have to comply with the requirements for the particular location on the portable tank.
(5) Any ICC Specification 50 portable tank fulfilling the requirements of that specification may be continued in service for transportation of a liquefied petroleum gas if it is retested every five years in accordance with the requirements in § 180.605 of this subchapter. Use of existing portable tanks is authorized. New construction is not authorized.
(d)
(e)
(1) The shell, piping, valves and other appurtenances for corroded areas, dents, defects in welds and other defects such as missing, damaged, or leaking gaskets;
(2) All flanged connections or blank flanges for missing or loose nuts and bolts;
(3) All emergency devices for corrosion, distortion, or any damage or defect that could prevent their normal operation;
(4) All required markings on the tank for legibility; and
(5) Any device for tightening manhole covers to ensure such devices are operative and adequate to prevent leakage at the manhole cover.
(f)
(i) Damage the portable tank;
(ii) React with the portable tank; or
(iii) Otherwise compromise its product retention capability.
(2) A hazardous material may not be loaded in a DOT Specification 51, DOT Specification 60, an IM or UN portable tank unless the portable tank has a pressure relief device that provides total relieving capacity meeting the requirements of this subchapter.
(3) Except during a pressure test, a portable tank may not be subjected to a pressure greater than its marked maximum allowable working pressure or, when appropriate, its marked design pressure.
(4) A portable tank may not be loaded to a gross mass greater than the maximum allowable gross mass specified on its identification plate.
(5) Except for a non-flowable solid or a liquid with a viscosity of 2,680 centistokes (millimeters squared per second) or greater at 20 °C (68 °F), an IM or UN portable tank, or compartment thereof, having a volume greater than 7,500 L (1,980 gallons) may not be loaded to a filling density of more than 20% and less than 80% by volume. This filling restriction does not apply if a portable tank is divided by partitions or surge plates into compartments of not more than 7,500 L (1,980 gallons) capacity; this portable tank must not be offered for transportation in an ullage condition liable to produce an unacceptable hydraulic force due to surge.
(6) The outage for a portable tank may not be less than 2% at a temperature of 50 °C (122 °F) unless otherwise specified in this subchapter. For UN portable tanks, the applicable maximum filling limits apply as specified according to the assigned TP codes in Column (7) of the § 172.101 Table of this subchapter except when transported domestically.
(7) Each tell-tale indicator or pressure gauge located in the space between a frangible disc and a safety relief valve mounted in series must be checked after the tank is filled and prior to transportation to ensure that the frangible disc is leak free. Any leakage through the frangible disc must be corrected prior to offering the tank for transportation.
(8) During filling, the temperature of the hazardous materials shall not exceed the limits of the design temperature range of the portable tank.
(9) The maximum mass of liquefied compressed gas per liter (gallon) of shell capacity (kg/L or lbs./gal.) may not exceed the density of the liquefied compressed gas at 50 °C (122 °F). The portable tank must not be liquid full at 60 °C (140 °F).
(g)
(1) A portable tank containing a hazardous material may not be loaded onto a highway or rail transport vehicle unless loaded entirely within the horizontal outline of the vehicle, without overhang or projection of any part of the tank assembly.
(2) An IM or UN portable tank used for the transportation of flammable liquids by rail may not be fitted with non-reclosing pressure relief devices except in series with reclosing pressure relief valves.
(3) A portable tank or Specification 106A or 110A multi-unit tank car containing a hazardous material may not be offered for transportation aboard a passenger vessel unless:
(i) The vessel is operating under a change to its character of vessel certification as defined in § 171.8 of this subchapter; and
(ii) The material is permitted to be transported aboard a passenger vessel in the § 172.101 Table of this subchapter.
(h)
(1) Each uninsulated portable tank used for the transportation of a liquefied compressed gas must have an exterior surface finish that is significantly reflective, such as a light-reflecting color if painted, or a bright reflective metal or other material if unpainted.
(2) If a hazardous material is being transported in a molten state, the portable tank must be thermally insulated with suitable insulation material of sufficient thickness that the overall thermal conductance is not more than 0.080 Btu per hour per square foot per degree Fahrenheit differential.
(3) No person may offer a liquid hazardous material of Class 3, PG I or II, or PG III with a flash point of less than 100 °F (38 °C); Division 5.1, PG I or II; or Division 6.1, PG I or II, in an IM or UN portable tank that is equipped with a bottom outlet as authorized in Column (7) of the § 172.101 Table of this subchapter by assignment of a T Code in the appropriate proper shipping name entry, for unloading to a facility while it remains on a transport vehicle with the power unit attached unless—
(i) The tank outlets conform to § 178.275(d)(3) of this subchapter; or
(ii) The facility at which the IM or UN portable tank is to be unloaded conforms to the requirements in § 177.834(o) of this subchapter.
(i)
(2) Pipe joints must be threaded, welded or flanged. If threaded pipe is used, the pipe and pipe fittings must not be lighter than Schedule 80 weight. Where copper tubing is permitted, joints must be brazed or be of equally strong metal union type. The melting point of brazing material may not be lower than 1,000 °F (537.8 °C). The method of joining tubing must not decrease the strength of the tubing such as by the cutting of threads.
(3) Non-malleable metals may not be used in the construction of valves or fittings.
(4) Suitable provision must be made in every case to allow for expansion, contraction, jarring and vibration of
(5) Piping and fittings must be grouped in the smallest practicable space and must be protected from damage as required by the specification.
(6) All piping, valves and fittings on every portable tank must be leakage tested with gas or air after installation and proved tight at not less than the design pressure of the portable tank on which they are used. In the event of replacement, all such piping, valves, or fittings must be tested in accordance with the requirements of this section before the portable tank is returned to transportation service. The requirements of this section apply to all hoses used on portable tanks, except that hoses may be tested either before or after installation on the portable tank.
(7) All materials used in the construction of portable tanks and their appurtenances may not be subject to destructive attack by the contents of the portable tank.
(8) No aluminum, copper, silver, zinc nor their alloys may be used. Brazed joints may not be used. All parts of a portable tank and its appurtenances used for anhydrous ammonia must be steel.
(9) Each outlet of a portable tank used for the transportation of non-refrigerated liquefied compressed gases, except carbon dioxide, must be provided with a suitable automatic excess-flow valve (see definition in § 178.337-1(g) of this subchapter). The valve must be located inside the portable tank or at a point outside the portable tank where the line enters or leaves the portable tank. The valve seat must be located inside the portable tank or may be located within a welded flange or its companion flange, or within a nozzle or within a coupling. The installation must be made in such a manner as to reasonably assure that any undue strain which causes failure requiring functioning of the valve shall cause failure in such a manner that it will not impair the operation of the valve.
(i) A safety device connection or liquid level gauging device that is constructed so that the outward flow of the tank contents will not exceed that passed by an opening of 0.1397 cm (0.0550 inches) is not required to be equipped with excess-flow valves.
(ii) An excess-flow valve must close automatically if the flow reaches the rated flow of gas or liquid specified by the original valve manufacturer when piping mounted directly on the valve is sheared off before the first valve, pump, or fitting downstream from the excess flow valve.
(iii) An excess-flow valve may be designed with a by-pass, not to exceed a 0.1016 cm (0.040 inches) diameter opening to allow equalization of pressure.
(iv) Filling and discharge lines must be provided with manually operated shut-off valves located as close to the tank as practical. Unless this valve is manually operable at the valve, the line must also have a manual shut-off valve. The use of “Stop-Check” valves to satisfy with one valve the requirements of this section is forbidden. For portable tanks used for refrigerated liquefied gases, a “stop check” valve may be used on the vapor side of the pressure buildup circuit.
(10) Each portable tank used for carbon dioxide or nitrous oxide must be lagged with a suitable insulation material of such thickness that the overall thermal conductance is not more than 0.08 Btu per square foot per degree Fahrenheit differential in temperature per hour. The conductance must be determined at 60 °Fahrenheit. Insulation material used on portable tanks for nitrous oxide must be noncombustible.
(11) Refrigerating or heating coils must be installed in portable tanks used for carbon dioxide and nitrous oxide. Such coils must be tested externally to at least the same pressure as the test pressure of the portable tank. The coils must also be tested internally to at least twice the working pressure of the heating or refrigerating system to be used, but in no case less than the test pressure of the portable tank. Such coils must be securely anchored. In the event of leakage, the refrigerant or heating medium to be circulated through the coil or coils must have no adverse chemical reaction with the portable tank or its contents.
(12) Excess flow valves are not required for portable tanks used for the
(a)
(2) Two or more materials may not be loaded or accepted for transportation in the same cargo tank motor vehicle if, as a result of any mixture of the materials, an unsafe condition would occur, such as an explosion, fire, excessive increase in pressure or heat, or the release of toxic vapors.
(3) No person may fill and offer for transportation a specification cargo tank motor vehicle for which the prescribed periodic retest or reinspection under subpart E of part 180 of this subchapter is past due until the retest or inspection has been successfully completed. This requirement does not apply to a cargo tank supplied by a motor carrier who is other than the person offering the hazardous material for transportation (see § 180.407(a)(1) of this subchapter), or to any cargo tank filled prior to the retest or inspection due date.
(b)
(2) A cargo tank may not be loaded with a hazardous material that will have an adverse effect on the tank's integrity or—
(i) May combine chemically with any residue or contaminants in the tank to produce an explosion, fire, excessive increase in pressure, release of toxic vapors or other unsafe condition.
(ii)-(iii) [Reserved]
(iv) May severely corrode or react with the tank material at any concentration and temperature that will exist during transportation.
(v) Is prohibited by § 173.21 or § 173.24 of this subchapter.
(3) Air pressure in excess of ambient atmospheric pressure may not be used to load or unload any lading which may create an air-enriched mixture within the flammability range of the lading in the vapor space of the tank.
(4) To prevent cargo tank rupture in a loading or unloading accident, the loading or unloading rate used must be less than or equal to that indicated on the cargo tank specification plate, except as specified in § 173.318(b)(6). If no loading or unloading rate is marked on the specification plate, the loading or unloading rate and pressure used must be limited such that the pressure in the tank may not exceed 130% of the MAWP.
(c)
(i) For compressed gases and certain refrigerated liquids that are not cryogenic liquids, the pressure prescribed in § 173.315 of this subchapter.
(ii) For cryogenic liquids, the pressure prescribed in § 173.318 of this subchapter.
(iii) For liquid hazardous materials loaded in DOT specification cargo tanks equipped with a 1 psig normal vent, the sum of the tank static head plus 1 psig. In addition, for hazardous materials loaded in these cargo tanks, the vapor pressure of the lading at 115 °F must be not greater than 1 psig, except for gasoline transported in accordance with Special Provision B33 in § 172.102(c)(3) of this subchapter.
(iv) For liquid hazardous materials not covered in paragraph (c)(1)(i), (ii), or (iii) of this section, the sum of the vapor pressure of the lading at 115 °F, plus the tank static head exerted by the lading, plus any pressure exerted by the gas padding, including air in the ullage space or dome.
(v) The pressure prescribed in subpart B, D, E, F, G, or H of this part, as applicable.
(vi) The maximum pressure in the tank during loading or unloading.
(2) Any Specification MC 300, MC 301, MC 302, MC 303, MC 305, MC 306 or MC 312, cargo tank motor vehicle with no marked design pressure or marked with a design pressure of 3 psig or less may be used for an authorized lading where the pressure derived from § 173.33(c)(1) is less than or equal to 3 psig. After December 31, 1990, a cargo tank may not be loaded and offered for transportation unless marked or remarked with an MAWP or design pressure in accordance with 49 CFR 180.405(k).
(3) Any Specification MC 310 or MC 311 cargo tank motor vehicle may be used for an authorized lading where the pressure derived from § 173.33(c)(1) is less than or equal to the MAWP or MWP, respectively, as marked on the specification plate.
(4) Any cargo tank marked or certified before August 31, 1995, marked with a design pressure rather than an MAWP may be used for an authorized lading where the largest pressure derived from § 173.33(c)(1) is less than or equal to the design pressure marked on the cargo tank.
(5) Any material that meets the definition of a Division 6.1, Packing Group I or II (poisonous liquid) material must be loaded in a cargo tank motor vehicle having a MAWP of 25 psig or greater.
(6)
(d)
(2) Each cargo tank motor vehicle used to transport a liquid hazardous material with a gas pad must have a pressure relief system that provides the venting capacity prescribed in § 178.345-10(e) of this subchapter. The requirements in this paragraph do not apply to MC 330, MC 331 and MC 338 cargo tanks.
(3) A cargo tank motor vehicle made to a specification listed in column 1 may have pressure relief devices or outlets conforming to the applicable specification to which the tank was constructed, or the pressure relief devices or outlets may be modified to meet the applicable requirement for the specification listed in column 2 without changing the markings on the tank specification plate. The venting capacity requirements of the original DOT cargo tank specification must be met whenever a pressure relief valve is modified.
(e)
(f) An MC 331 type cargo tank may be used where MC 306, MC 307, MC 312, DOT 406, DOT 407 or DOT 412 type cargo tanks are authorized. An MC 307, MC 312, DOT 407 or DOT 412 type cargo tank may be used where MC 306 or DOT 406 type cargo tanks are authorized. A higher integrity tank used instead of a specified tank must meet the same design profile (for example, an MC 331 cargo tank must be lined if used in place of a lined MC 312 cargo tank.)
(g)
(h) A cargo tank motor vehicle authorized by the Transport Canada TDG Regulations (IBR, see § 171.7 of this subchapter) may be used provided it conforms to the applicable requirements in § 171.12 of this subchapter.
For
(a) No person may offer or accept a hazardous material for transportation in an IBC except as authorized by this subchapter. Each IBC used for the transportation of hazardous materials must conform to the requirements of its specification and regulations for the transportation of the particular commodity. A specification IBC, for which the prescribed periodic retest or inspection under subpart D of part 180 of this subchapter is past due, may not be filled and offered for transportation until the retest or inspection have been successfully completed. This requirement does not apply to any IBC filled prior to the retest or inspection due date.
(b)
(1) The IBC is free from corrosion, contamination, cracks, cuts, or other damage which would render it unable to pass the prescribed design type test to which it is certified and marked; and
(2) The IBC is marked in accordance with requirements in § 178.703 of this subchapter. Additional marking allowed for each design type may be present. Required markings that are missing, damaged or difficult to read must be restored or returned to original condition.
(c) A metal IBC, or a part thereof, subject to thinning by mechanical abrasion or corrosion due to the lading, must be protected by providing a suitable increase in thickness of material, a lining or some other suitable method of protection. Increased thickness for corrosion or abrasion protection must be added to the wall thickness specified in § 178.705(c)(1)(iv) of this subchapter.
(d) Notwithstanding requirements in § 173.24b of this subpart, when filling an IBC with liquids, sufficient ullage must be left to ensure that, at the mean bulk temperature of 50 °C (122 °F), the IBC is not filled to more than 98 percent of its water capacity.
(e) Where two or more closure systems are fitted in series, the system nearest to the hazardous material being carried must be closed first.
(f) During transportation—
(1) No hazardous material may remain on the outside of the IBC; and
(2) Each IBC must be securely fastened to or contained within the transport unit.
(g) Each IBC used for transportation of solids which may become liquid at temperatures likely to be encountered during transportation must also be capable of containing the substance in the liquid state.
(2) Liquids having a vapor pressure greater than 110 kPa (16 psig) at 50 °C (122 °F) or 130 kPa (18.9 psig) at 55 °C (131 °F) may not be transported in metal IBCs.
(1) A rigid plastic or composite IBC may only be filled with a liquid having a vapor pressure less than or equal to the greater of the following two values: the first value is determined from any of the methods in paragraphs (h)(1) (i), (ii) or (iii) of this section. The second value is determined by the method in paragraph (h)(1)(iv) of this section.
(i) The gauge pressure (pressure in the IBC above ambient atmospheric pressure) measured in the IBC at 55 °C (131 °F). This gauge pressure must not exceed two-thirds of the marked test pressure and must be determined after the IBC was filled and closed at 15 °C (60 °F) to less than or equal to 98 percent of its capacity.
(ii) The absolute pressure (vapor pressure of the hazardous material plus atmospheric pressure) in the IBC at 50 °C (122 °F). This absolute pressure must not exceed four-sevenths of the sum of the marked test pressure and 100 kPa (14.5 psia).
(iii) The absolute pressure (vapor pressure of the hazardous material plus atmospheric pressure) in the IBC at 55 °C (131 °F). This absolute pressure must not exceed two-thirds of the sum of the marked test pressure and 100 kPa (14.5 psia).
(iv) Twice the static pressure of the substance, measured at the bottom of the IBC. This value must not be less than twice the static pressure of water.
(2) Gauge pressure (pressure in the IBC above ambient atmospheric pressure) in metal IBC must not exceed 110 kPa (16 psig) at 50 °C (122 °F) or 130 kPa (18.9 psig) at 55 °C (131 °F).
(i) The requirements in this section do not apply to DOT-56 or -57 portable tanks.
(j) No IBC may be filled with a Packing Group I liquid. Rigid plastic, composite, flexible, wooden or fiberboard IBC used to transport Packing Group I solid materials may not exceed 1.5 cubic meters (53 cubic feet) capacity. For Packing Group I solids, a metal IBC may not exceed 3 cubic meters (106 cubic feet) capacity.
(k) When an IBC is used for the transportation of liquids with a flash point of 60 °C (140 °F) (closed cup) or lower, or powders with the potential for dust explosion, measures must be taken during product loading and unloading to prevent a dangerous electrostatic discharge.
(l)
(2) An IBC which is tested and marked for Packing Group II liquid materials may be filled with a Packing Group III liquid material to a gross mass not exceeding 1.5 times the maximum gross mass marked on that container, if all the performance criteria can still be met at the higher gross mass.
(3) An IBC which is tested and marked for liquid hazardous materials may be filled with a solid hazardous material to a gross mass not exceeding the maximum gross mass marked on that container. In addition, an IBC intended for the transport of liquids which is tested and marked for Packing Group II liquid materials may be filled with a Packing Group III solid hazardous material to a gross mass not exceeding the marked maximum gross mass multiplied by 1.5 if all the performance criteria can still be met at the higher gross mass.
(4) An IBC which is tested and marked for Packing Group I solid materials may be filled with a Packing Group II solid material to a gross mass not exceeding the maximum gross mass marked on that container, multiplied by 1.5, if all the performance criteria can be met at the higher gross mass; or a Packing Group III solid material to a gross mass not exceeding the maximum gross mass marked on the IBC, multiplied by 2.25, if all the performance criteria can be met at the higher gross
(a) No person may offer or accept a hazardous material for transportation in a Large Packaging except as authorized by this subchapter. Except as otherwise provided in this subchapter, no Large Packaging may be filled with a Packing Group I or II material. Each Large Packaging used for the transportation of hazardous materials must conform to the requirements of its specification and regulations for the transportation of the particular commodity.
(b)
(2)
(3)
(4)
(5)
(c)
(1) The Large Packaging is free from corrosion, contamination, cracks, cuts, or other damage which would render it unable to pass the prescribed design type test to which it is certified and marked; and
(2) The Large Packaging is marked in accordance with requirements in § 178.910 of this subchapter. Additional marking allowed for each design type may be present. Required markings that are missing, damaged or difficult to read must be restored or returned to original condition.
(d) During transportation—
(1) No hazardous material may remain on the outside of the Large Packaging; and
(2) Each Large Packaging must be securely fastened to or contained within the transport unit.
(e) Each Large Packaging used for transportation of solids which may become liquid at temperatures likely to be encountered during transportation may not be transported in paper or fiber inner packagings. The inner packagings must be capable of containing the substance in the liquid state.
(f) Liquid hazardous materials may only be offered for transportation in inner packagings appropriately resistant to an increase of internal pressure likely to develop during transportation.
(g) A Large Packaging used to transport hazardous materials may not exceed 3 cubic meters (106 cubic feet) capacity.
(h)
(i) The inner and outer packagings used for each hazardous material conform to the relevant packaging sections of this part applicable to that hazardous material, and not result in a violation of § 173.21;
(ii) The package as prepared for shipment meets the performance tests prescribed in part 178 of this subchapter for the hazardous materials contained in the package;
(iii) Corrosive materials (except ORM-D) in bottles are further packed in securely closed inner receptacles before packing in outer packagings; and
(iv) For transportation by aircraft, the total net quantity does not exceed the lowest permitted maximum net quantity per package as shown in Column 9a or 9b, as appropriate, of the § 172.101 table. The permitted maximum net quantity must be calculated in kilograms if a package contains both a liquid and a solid.
(2) A packaging containing inner packagings of Division 6.2 materials may not contain other hazardous materials, except dry ice.
(i) When a Large Packaging is used for the transportation of liquids with a flash point of 60.5 °C (141 °F) (closed cup) or lower, or powders with the potential for dust explosion, measures must be taken during product loading and unloading to prevent a dangerous electrostatic discharge.
When this section is referenced for a Hazard Zone A or B hazardous material elsewhere in this subchapter, the requirements in this section are applicable to cylinders used for that material.
(a)
(2) The use of a specification 3AL cylinder made of aluminum alloy 6351-T6 is prohibited for a Division 2.3 Hazard Zone A material or a Division 6.1 Hazard Zone A material.
(3) A UN composite cylinder certified to ISO-11119-3 is not authorized for a Division 2.3 Hazard Zone A or B material.
(4) For UN seamless cylinders used for Hazard Zone A materials, the maximum water capacity is 85 L.
(b)
(c)
(1) Each plug or valve must have a taper-threaded connection directly to the cylinder and be capable of withstanding the test pressure of the cylinder without damage or leakage. For UN pressure receptacles, each valve must be capable of withstanding the test pressure of the pressure receptacle and be connected directly to the pressure receptacle by either a taper thread or other means which meets the requirements of ISO 10692-2: (IBR,
(2) Each valve must be of the packless type with non-perforated diaphragm, except that, for corrosive materials, a valve may be of the packed type with an assembly made gas-tight by means of a seal cap with gasketed joint attached to the valve body or the cylinder to prevent loss of material through or past the packing.
(3) Each valve outlet must be sealed by a threaded cap or threaded solid plug and inert gasketing material.
(4) The materials of construction for the cylinder, valves, plugs, outlet caps, luting, and gaskets must be compatible with each other and with the lading.
(d)
(1) DOT specification cylinders must conform to the following:
(i) Each cylinder with a wall thickness at any point of less than 2.03 mm (0.08 inch) and each cylinder that does not have fitted valve protection must be overpacked in a box. The box must conform to overpack provisions in § 173.25. Box and valve protection must be of sufficient strength to protect all parts of the cylinder and valve, if any, from deformation and breakage resulting from a drop of 2.0 m (7 ft) or more onto a non-yielding surface, such as concrete or steel, impacting at an orientation most likely to cause damage. “Deformation”means a cylinder or valve that is bent, distorted, mangled, misshapen, twisted, warped, or in a similar condition.
(ii) Each cylinder with a valve must be equipped with a protective metal cap, other valve protection device, or an overpack which is sufficient to protect the valve from breakage or leakage resulting from a drop of 2.0 m (7 ft) onto a non-yielding surface, such as concrete or steel. Impact must be at an orientation most likely to cause damage.
(2) Each UN cylinder containing a Hazard Zone A or Hazard Zone B material must have a minimum test pressure in accordance with P200 of the UN Recommendations (IBR, see § 171.7 of this subchapter). For Hazard Zone A gases, the cylinder must have a minimum wall thickness of 3.5 mm if made of aluminum alloy or 2 mm if made of steel or, alternatively, cylinders may be packed in a rigid outer packaging that meets the Packing Group I performance level when tested as prepared for transport, and that is designed and constructed to protect the cylinder and valve from puncture or damage that may result in release of the gas.
(e)
(a)
(b) Explosives in Class 1 are divided into six divisions as follows:
(1)
(2)
(3)
(4)
(5)
(6)
(a) Unless otherwise provided in this subpart, no person may offer for transportation or transport an explosive, unless it has been tested and classed and approved by the Associate Administrator (§ 173.56).
(b) Reports of explosives approved by the Department of Defense or the Department of Energy must be filed with, and receive acknowledgement in writing by, the Associate Administrator prior to such explosives being offered for transportation.
(a) The classification code for an explosive, which is assigned by the Associate Administrator in accordance with this subpart, consists of the division number followed by the compatibility group letter. Compatibility group letters are used to specify the controls for the transportation, and storage related thereto, of explosives and to prevent an increase in hazard that might result if certain types of explosives were stored or transported together. Transportation compatibility requirements for carriers are prescribed in §§ 174.81, 175.78. 176.83 and 177.848 of this subchapter for transportation by rail, air, vessel, and public highway, respectively, and storage incidental thereto.
(b) Compatibility groups and classification codes for the various types of explosives are set forth in the following tables. Table 1 sets forth compatibility groups and classification codes for substances and articles described in the first column of table 1. Table 2 shows the number of classification codes that are possible within each explosive division. Altogether, there are 35 possible classification codes for explosives.
Where the classification system in effect prior to January 1, 1991, is referenced in State or local laws, ordinances or regulations not pertaining to the transportation of hazardous materials, the following table may be used to compare old and new hazard class names:
Unless otherwise provided in this subchapter, the following explosives shall not be offered for transportation or transported:
(a) An explosive that has not been approved in accordance with § 173.56 of this subpart.
(b) An explosive mixture or device containing a chlorate and also containing:
(1) An ammonium salt, including a substituted ammonium or quaternary ammonium salt; or
(2) An acidic substance, including a salt of a weak base and a strong acid.
(c) A leaking or damaged package or article containing an explosive.
(d) Propellants that are unstable, condemned or deteriorated.
(e) Nitroglycerin, diethylene glycol dinitrate, or any other liquid explosives not specifically authorized by this subchapter.
(f) A loaded firearm (except as provided in 49 CFR 1544.219).
(g) Fireworks that combine an explosive and a detonator.
(h) Fireworks containing yellow or white phosphorus.
(i) A toy torpedo, the maximum outside dimension of which exceeds 23 mm (0.906 inch), or a toy torpedo containing a mixture of potassium chlorate, black
(j) Explosives specifically forbidden in the § 172.101 table of this subchapter.
(k) Explosives not meeting the acceptance criteria specified in § 173.57 of this subchapter.
(l) An explosive article with its means of initiation or ignition installed, unless approved in accordance with § 173.56.
(a) Definition of new explosive. For the purposes of this subchapter a
(1) Has not previously produced that explosive; or
(2) Has previously produced that explosive but has made a change in the formulation, design or process so as to alter any of the properties of the explosive. An explosive will not be considered a “new explosive” if an agency listed in paragraph (b) of this section has determined, and confirmed in writing to the Associate Administrator, that there are no significant differences in hazard characteristics from the explosive previously approved.
(b) Examination, classing and approval. Except as provided in paragraph (j) of this section, no person may offer a new explosive for transportation unless that person has specified to the examining agency the ranges of composition of ingredients and compounds, showing the intended manufacturing tolerances in the composition of substances or design of articles which will be allowed in that material or device, and unless it has been examined, classed and approved as follows:
(1) Except for an explosive made by or under the direction or supervision of the Department of Defense (DOD) or the Department of Energy (DOE), a new explosive must be examined and assigned a recommended shipping description, division and compatibility group, based on the tests and criteria prescribed in §§ 173.52, 173.57 and 173.58. The person requesting approval of the new explosive must submit to the Associate Administrator a report of the examination and assignment of a recommended shipping description, division, and compatibility group. If the Associate Administrator finds the approval request meets the regulatory criteria, the new explosive will be approved in writing and assigned an EX number. The examination must be performed by a person who is approved by the Associate Administrator under the provisions of subpart H of part 107 of this chapter and who—
(i) Has (directly, or through an employee involved in the examination) at least ten years of experience in the examination, testing and evaluation of explosives;
(ii) Does not manufacture or market explosives, and is not controlled by or financially dependent on any entity that manufactures or markets explosives, and whose work with respect to explosives is limited to examination, testing and evaluation; and
(iii) Is a resident of the United States.
(2) A new explosive made by or under the direction or supervision of a component of the DOD may be examined, classed, and concurred in by:
(i) U.S. Army Technical Center for Explosives Safety (SMCAC-EST), Naval Sea Systems Command (SEA-9934), or Air Force Safety Agency (SEW), when approved by the Chairman, DOD Explosives Board, in accordance with the DOD Explosives Hazard Classification Procedures (IBR, see § 171.7 of the subchapter); or
(ii) The agencies and procedures specified in paragraph (b)(1) of this section.
(3) A new explosive made by or under the direction or supervision of the Department of Energy (DOE) may be—
(i) Examined by the DOE in accordance with the DOD Explosives Hazard Classification Procedures, and must be classed and approved by DOE; or
(ii) Examined, classed, and approved in accordance with paragraph (b)(1) of this section.
(4) For a material shipped under the description of “ammonium nitrate-fuel oil mixture (ANFO)”, the only test required for classification purposes is the Cap Sensitivity Test—Test Method 5(a) prescribed in the Explosive Test Manual (UN Manual of Tests and Criteria) (IBR, see § 171.7 of the subchapter). The test must be performed by an agency listed in paragraph (b)(1), (b)(2), or (b)(3) of this section, the manufacturer, or the shipper. A copy of the test report must be submitted to the Associate Administrator before the material is offered for transportation, and a copy of the test report must be retained by the shipper for as long as that material is shipped. At a minimum, the test report must contain the name and address of the person or organization conducting the test, date of the test, quantitative description of the mixture, including prill size and porosity, and a description of the test results.
(c) Filing DOD or DOE approval report. DOD or DOE must file a copy of each approval, accompanied by supporting laboratory data, with the Associate Administrator and receive acknowledgement in writing before offering the new explosive for transportation, unless the new explosive is:
(1) Being transported under paragraph (d) or (e) of this section; or
(2) Covered by a national security classification currently in effect.
(d) Transportation of explosive samples for examination. Notwithstanding the requirements of paragraph (b) of this section with regard to the transportation of a new explosive that has not been approved, a person may offer a sample of a new explosive for transportation, by railroad, highway, or vessel from the place where it was produced to an agency identified in paragraph (b) of this section, for examination if—
(1) The new explosive has been assigned a tentative shipping description and class in writing by the testing agency;
(2) The new explosive is packaged as required by this part according to the tentative description and class assigned, unless otherwise specified in writing by the testing agency; and,
(3) The package is labeled as required by this subchapter and the following is marked on the package:
(i) The words “SAMPLE FOR LABORATORY EXAMINATION”;
(ii) The net weight of the new explosive; and
(iii) The tentative shipping name and identification number.
(e) Transportation of unapproved explosives for developmental testing. Notwithstanding the requirements of paragraph (b) of this section, the owner of a new explosive that has not been examined or approved may transport that new explosive from the place where it was produced to an explosives testing range if—
(1) It is not a primary (a 1.1A initiating) explosive or a forbidden explosive according to this subchapter;
(2) It is described as a Division 1.1 explosive (substance or article) and is packed, marked, labeled, described on shipping papers and is otherwise offered for transportation in conformance with the requirements of this subchapter applicable to Division 1.1;
(3) It is transported in a motor vehicle operated by the owner of the explosive; and
(4) It is accompanied by a person, in addition to the operator of the motor vehicle, who is qualified by training and experience to handle the explosive.
(f) Notwithstanding the requirements of paragraphs (b) and (d) of this section, the Associate Administrator may approve a new explosive on the basis of an approval issued for the explosive by the competent authority of a foreign government, or when examination of the explosive by a person approved by the Associate Administrator is impracticable, on the basis of reports of tests conducted by disinterested third parties, or may approve the transportation of an explosives sample for the purpose of examination by a person approved by the Associate Administrator.
(g) An explosive may be transported under subparts B or C of part 171 or § 176.11 of this subchapter without the approval of the Associate Administrator as required by paragraph (b) of this section if the Associate Administrator has acknowledged in writing the acceptability of an approval issued by the competent authority of a foreign
(h) The requirements of this section do not apply to cartridges, small arms which are:
(1) Not a forbidden explosive under § 173.54 of this subchapter;
(2) Ammunition for rifle, pistol, or shotgun;
(3) Ammunition with inert projectile or blank ammunition; and
(4) Ammunition not exceeding 50 caliber for rifle or pistol cartridges or 8 gauge for shotgun shells.
(i) If experience or other data indicate that the hazard of a material or a device containing an explosive composition is greater or less than indicated according to the definition and criteria specified in §§ 173.50, 173.56, and 173.58 of this subchapter, the Associate Administrator may specify a classification or except the material or device from the requirements of this subchapter.
(j) Fireworks. Notwithstanding the requirements of paragraph (b) of this section, Division 1.3 and 1.4 fireworks may be classed and approved by the Associate Administrator without prior examination and offered for transportation if the following conditions are met:
(1) The fireworks are manufactured in accordance with the applicable requirements in APA Standard 87-1 (IBR, see § 171.7 of this subchapter);
(2) A thermal stability test is conducted on the device by the BOE, the BOM, or the manufacturer. The test must be performed by maintaining the device, or a representative prototype of a large device such as a display shell, at a temperature of 75 °C (167 °F) for 48 consecutive hours. When a device contains more than one component, those components which could be in physical contact with each other in the finished device must be placed in contact with each other during the thermal stability test; and
(3) The manufacturer applies in writing to the Associate Administrator following the applicable requirements in APA Standard 87-1, and is notified in writing by the Associate Administrator that the fireworks have been classed, approved, and assigned an EX-number. Each application must be complete, including all relevant background data and copies of all applicable drawings, test results, and any other pertinent information on each device for which approval is being requested. The manufacturer must sign the application and certify that the device for which approval is requested conforms to APA Standard 87-1 and that the descriptions and technical information contained in the application are complete and accurate. If the application is denied, the manufacturer will be notified in writing of the reasons for the denial. The Associate Administrator may require that the fireworks be examined by an agency listed in paragraph (b)(1) of this section.
(a) Unless otherwise excepted, an explosive substance must be subjected to the Drop Weight Impact Sensitivity Test (Test Method 3(a)(i)), the Friction Sensitivity Test (Test Method 3(b)(iii)), the Thermal Stability Test (Test Method 3(c)) at 75 °C (167 °F) and the Small-Scale Burning Test (Test Method 3(d)(i)), each as described in the Explosive Test Manual (UN Manual of Tests and Criteria) (IBR, see § 171.7 of this subchapter). A substance is forbidden for transportation if any one of the following occurs:
(1) For a liquid, failure to pass the test criteria when tested in the Drop Weight Impact Sensitivity Test apparatus for liquids;
(2) For a solid, failure to pass the test criteria when tested in the Drop Weight Impact Sensitivity Test apparatus for solids;
(3) The substance has a friction sensitiveness equal to or greater than that of dry pentaerythrite tetranitrate (PETN) when tested in the Friction Sensitivity Test;
(4) The substance fails to pass the test criteria specified in the Thermal Stability Test at 75 °C (167 °F); or
(5) Explosion occurs when tested in the Small-Scale Burning Test.
(b) An explosive article, packaged or unpackaged, or a packaged explosive substance must be subjected to the Thermal Stability Test for Articles and Packaged Articles (Test method 4(a)(i)) and the Twelve Meter Drop Test (Test Method 4(b)(ii)), when appropriate, in the Explosive Test Manual. An article or packaged substance is forbidden for transportation if evidence of thermal instability or excessive impact sensitivity is found in those tests according to the criteria and methods of assessing results prescribed therein.
(c) Dynamite (explosive, blasting, type A) is forbidden for transportation if any of the following occurs:
(1) It does not have, when uniformly mixed with the absorbent material, a satisfactory antacid in a quantity sufficient to have the acid neutralizing power of an amount of magnesium carbonate equal to one percent of the nitroglycerin or other liquid explosive ingredient;
(2) During the centrifuge test (Test Method D-2, in appendix D to this part) or the compression test (Test Method D-3 in appendix D to this part), a non-gelatin dynamite loses more than 3 percent by weight of the liquid explosive or a gelatin dynamite loses more than 10 percent by weight of the liquid explosive; or
(3) During the leakage test (Test Method D-1 in appendix D to this part), there is any loss of liquid.
(a)
(1) Division 1.1 if the major hazard is mass explosion;
(2) Division 1.2 if the major hazard is dangerous projections;
(3) Division 1.3 if the major hazard is radiant heat or violent burning, or both, but there is no blast or projection hazard;
(4) Division 1.4 if there is a small hazard with no mass explosion and no projection of fragments of appreciable size or range;
(5) Division 1.4 Compatibility Group S (1.4S) if the hazardous effects are confined within the package or the blast and projection effects do not significantly hinder emergency response efforts. The UN Test Type 6(d) is used to determine whether a Division 1.4S classification is appropriate for an item assigned a proper shipping name to which special provision 347 (
(6) Not in the explosive class if the substance or article does not have significant explosive hazard or if the effects of explosion are completely confined within the article.
(b)
(1) Detonation occurs in the Cap Sensitivity Test (Test Method 5(a));
(2) Detonation occurs in the DDT Test (Test Method 5(b)(ii));
(3) An explosion, evidenced by a loud noise and projection of fragments, occurs in the External Fire Test (Test Method 5(c), or
(4) Ignition or explosion occurs in the Princess Incendiary Spark Test (Test Method 5(d)).
(c) Division 1.6 explosive. (1) In order to be classed as a 1.6 explosive, an article must pass all of the following tests, as prescribed in the Explosive Test Manual:
(i) The 1.6 Article External Fire Test;
(ii) The 1.6 Article Slow Cook-off Test;
(iii) The 1.6 Article Propagation Test; and
(iv) The 1.6 Article Bullet Impact Test.
(2) A substance intended for use as the explosive load in an article of Division 1.6 must be an extremely insensitive detonating substance (EIDS). In order to determine if a substance is an EIDS, it must be subjected to the tests in paragraphs (c)(2)(i) through (c)(2)(x) of this section, which are described in the Explosive Test Manual. The substance must be tested in the form (i.e., composition, granulation, density, etc.) in which it is to be used in the article. A substance is not an EIDS if it fails any of the following tests:
(i) The Drop Weight Impact Sensitivity Test;
(ii) The Friction Sensitivity Test;
(iii) The Thermal Sensitivity Test at 75 °C (167 °F);
(iv) The Small Scale Burning Test;
(v) The EIDS Cap Test;
(vi) The EIDS Gap Test;
(vii) The Susan Test;
(viii) The EIDS Bullet Impact Test;
(ix) The EIDS External Fire Test; and
(x) The EIDS Slow Cook-off Test.
(d) The Associate Administrator may waive or modify certain test(s) identified in §§ 173.57 and 173.58 of this subchapter, or require additional testing, if appropriate. In addition, the Associate Administrator may limit the quantity of explosive in a device.
(e) Each explosive is assigned a compatibility group letter by the Associate Administrator based on the criteria prescribed in § 173.52(b) of this subchapter.
For the purpose of this subchapter, a description of the following terms is provided for information only. They must not be used for purposes of classification or to replace proper shipping names prescribed in § 172.101 of this subchapter.
(2) Incendiary, smoke, toxic, and tear-producing cartridges are described under
(2) The term
(3) For the purposes of classification, any means of initiation without two effective protective features should be regarded as Compatibility Group B; an article with its own means of initiation, without two effective protective features, is Compatibility Group F. A means of initiation which itself possesses two effective protective features is Compatibility Group D, and an article with its own means of initiation which possesses two effective features is Compatibility Group D or E. A means of initiation, adjudged as having two effective protective features, must be approved by the Associate Administrator. A common and effective way of achieving the necessary degree of protection is to use a means of initiation which incorporates two or more independent safety features.
(a) Unless otherwise provided in this subpart and in § 173.7(a), packaging used for Class 1 (explosives) materials must meet Packing Group II requirements. Each packaging used for an explosive must be capable of meeting the test requirements of subpart M of part 178 of this subchapter, at the specified level of performance, and the applicable general packaging requirements of paragraph (b) of this section.
(b) The general requirements for packaging of explosives are as follows:
(1) Nails, staples, and other closure devices, made of metal, having no protective covering may not penetrate to the inside of the outer packaging unless the inner packaging adequately protects the explosive against contact with the metal.
(2) The closure device of containers for liquid explosives must provide double protection against leakage, such as a screw cap secured in place with tape.
(3) Inner packagings, fittings, and cushioning materials, and the placing of explosive substances or articles in packages, must be such that the explosive substance is prevented from becoming loose in the outer packaging during transportation. Metallic components of articles must be prevented from making contact with metal packagings. Articles containing explosive substances not enclosed in an outer casing must be separated from each other in order to prevent friction and impact. Padding, trays, partitioning in the inner or outer packaging, molded plastics or receptacles may be used for this purpose.
(4) When the packaging includes water that could freeze during transportation, a sufficient amount of anti-freeze, such as denatured ethyl alcohol, must be added to the water to prevent freezing. If the anti-freeze creates a fire hazard, it may not be used. When a percentage of water in the substance is specified, the combined weight of water and anti-freeze may be substituted.
(5) If an article is fitted with its own means of ignition or initiation, it must be effectively protected from accidental actuation during normal conditions of transportation.
(6) The entry of explosive substances into the recesses of double-seamed metal packagings must be prevented.
(7) The closure device of a metal drum must include a suitable gasket; if the closure device includes metal-to-metal screw-threads, the ingress of explosive substances into the threading must be prevented.
(8) Whenever loose explosive substances or the explosive substance of an uncased or partly cased article may come into contact with the inner surface of metal packagings (1A2, 1B2, 4A, 4B and metal receptacles), the metal packaging should be provided with an inner liner or coating.
(9) Packagings must be made of materials compatible with, and impermeable to, the explosives contained in the package, so that neither interaction between the explosives and the packaging materials, nor leakage, causes the explosive to become unsafe in transportation, or the hazard division or compatibility group to change (
(10) An explosive article containing an electrical means of initiation that is sensitive to external electromagnetic radiation, must have its means of initiation effectively protected from electromagnetic radiation sources (for example, radar or radio transmitters) through either design of the packaging or of the article, or both.
(11) Plastic packagings may not be able to generate or accumulate sufficient static electricity to cause the packaged explosive substances or articles to initiate, ignite or inadvertently function. Metal packagings must be compatible with the explosive substance they contain.
(12) Explosive substances may not be packed in inner or outer packagings where the differences in internal and external pressures, due to thermal or other effects, could cause an explosion or rupture of the package.
(13) Packagings for water soluble substances must be water resistant. Packagings for desensitized or phlegmatized substances must be closed to prevent changes in concentration during transport. When containing less alcohol, water, or phlegmatizer than specified in its proper shipping description, the substance is a “forbidden” material.
(14) Large and robust explosives articles, normally intended for military use, without their means of initiation or with their means of initiation containing at least two effective protective features, may be carried unpackaged provided that a negative result was obtained in Test Series 4 of the UN Manual of Tests and Criteria on an unpackaged article. When such articles have propelling charges or are self-propelled, their ignition systems must be protected against conditions encountered during normal transportation. Such unpackaged articles may be fixed to cradles or contained in crates or other suitable handling, storage or launching devices in such a way that they will not become loose during normal conditions of transport and are in accordance with DOD-approved procedures. When such large explosive articles, as part of their operational safety and suitability tests, are subjected to testing that meets the intentions of Test Series 4 of the UN Manual of Tests
(a) An explosive may not be packed in the same outside packaging with any other material that could, under normal conditions of transportation, adversely affect the explosive or its packaging unless packaged by DOD or DOE in accordance with § 173.7(a).
(b) Hardware necessary for assembly of explosive articles at the point-of-use may be packed in the same outside packaging with the explosive articles. The hardware must be securely packed in a separate inside packaging. Sufficient cushioning materials must be used to ensure that all inside packagings are securely packed in the outside packaging.
(c) The following explosives may not be packed together with other Class 1 explosives: UN 0029, UN 0030, UN 0073, UN 0106, UN 0107, UN 0255, UN 0257, UN 0267, UN 0350, UN 0360, UN 0361, UN 0364, UN 0365, UN 0366, UN 0367, UN 0408, UN 0409, UN 0410, UN 0455, UN 0456, and UN 0500. These explosives may be mix-packed with each other in accordance with the compatibility requirements prescribed in paragraph (e) of this section.
(d) Division 1.1 and 1.2 explosives may not be packed with the following explosives: UN 0333, UN 0334, UN 0335, UN 0336, and UN 0337.
(e) Except as prescribed in paragraphs (c) and (d) of this section, different explosives may be packed in one outside packaging in accordance with the following compatibility requirements:
(1) Explosives of the same compatibility group and same division number may be packed together.
(2) Explosives of the same compatibility group or authorized combination of compatibility group but different division number may be packed together, provided that the whole package is treated as though its entire contents were comprised of the lower division number. For example, a mixed package of Division 1.2 explosives and Division 1.4 explosives, compatibility group D, must be treated as 1.2D explosives. However, when 1.5D explosives are packed together with 1.2D explosives, the whole package must be treated as 1.1D explosives.
(3) Explosives of compatibility group S may be packaged together with explosives of any other compatibility group except A or L, and the combined package may be treated as belonging to any of the packaged compatibility groups except S.
(4) Explosives of compatibility group L shall only be packed with an identical explosive.
(5) Explosives articles of compatibility groups C, D, or E may be packed together and the entire package shall be treated as belonging to compatibility group E.
(6) Explosives articles of compatibility groups C, D, E, or N may be packed together and the entire package shall be treated as belonging to compatibility group D.
(7) Explosives substances of compatibility groups C and D may be packaged together and the entire package shall be treated as belonging to compatibility group D.
(8) Explosive articles of compatibility group G, except for fireworks and articles requiring special packaging, may be packaged together with explosive articles of compatibility groups C, D or E and the combined package shall be treated as belonging to compatibility group E.
(a) Except as provided in § 173.7 of this subchapter, when the § 172.101 Table specifies that an explosive must be packaged in accordance with this section, only packagings which conform to the provisions of paragraphs (b) and (c) of this section or § 173.7(e) of
(b)
(c) Explosives must be packaged in accordance with the following table:
(1) The first column lists, in alphanumeric sequence, the packing methods prescribed for explosives in the Explosives Table of paragraph (b) of this section.
(2) The second column specifies the inner packagings that are required. If inner packagings are not required, a notation of “Not necessary” appears in the column. The term “Not necessary” means that a suitable inner packaging may be used but is not required.
(3) The third column specifies the intermediate packagings that are required. If intermediate packagings are
(4) The fourth column specifies the outer packagings which are required. If inner packagings and/or intermediate packagings are specified in the second and third columns, then the packaging specified in the fourth column must be used as the outer packaging of a combination packaging; otherwise it may be used as a single packaging.
(5) Packing Instruction 101 may be used for any explosive substance or article if an equivalent level of safety is shown to be maintained subject to the approval of the Associate Administrator.
For
(a) Cord, detonating (UN 0065), having an explosive content not exceeding 6.5 g (0.23 ounces) per 30 centimeter length (one linear foot) may be offered for transportation domestically and transported as Cord, detonating (UN 0289), Division 1.4 Compatibility Group D (1.4D) explosives, if the gross weight of all packages containing Cord, detonating (UN 0065), does not exceed 45 kg (99 pounds) per:
(1) Transport vehicle, freight container, or cargo-only aircraft;
(2) Off-shore down-hole tool pallet carried on an off-shore supply vessel;
(3) Cargo compartment of a cargo vessel; or
(4) Passenger-carrying aircraft used to transport personnel to remote work sites, such as offshore drilling units.
(b)
(ii) Until December 31, 2012, a package containing such articles may be marked with the proper shipping name “Cartridges, small arms” or “Cartridges, power device
(iii) Cartridges, small arms and Cartridges power devices that may be shipped as a limited quantity or ORM-D material are as follows:
(A) Ammunition for rifle, pistol or shotgun;
(B) Ammunition with inert projectiles or blank ammunition;
(C) Ammunition having no tear gas, incendiary, or detonating explosive projectiles;
(D) Ammunition not exceeding 12.7 mm (50 caliber or 0.5 inch) for rifle or pistol, cartridges or 8 gauge for shotshells; and
(E) Cartridges, power devices which are used to project fastening devices.
(2) Packaging for Cartridges, small arms and eligible Cartridge, power devices as limited quantity or ORM-D material must be as follows:
(i) Ammunition must be packed in inside boxes, or in partitions which fit snugly in the outside packaging, or in metal clips;
(ii) Primers must be protected from accidental initiation;
(iii) Inside boxes, partitions or metal clips must be packed in securely-closed strong outside packagings;
(iv) Maximum gross weight is limited to 30 kg (66 pounds) per package; and
(v) Cartridges, power devices which are used to project fastening devices and 22 caliber rim-fire cartridges may be packaged loose in strong outside packagings.
(c)-(e) [Reserved]
(f) Detonators containing no more than 1 g explosive (excluding ignition and delay charges) that are electric blasting caps with leg wires 4 feet long or longer, delay connectors in plastic sheaths, or blasting caps with empty plastic tubing 12 feet long or longer may be packed as follows in which case they are excepted from the packaging requirements of § 173.62:
(1) No more than 50 detonators in one inner packaging;
(2) IME Standard 22 container (IBR, see § 171.7 of this subchapter) or compartment is used as the outer packaging;
(3) No more than 1000 detonators in one outer packaging; and
(4) No material may be loaded on top of the IME Standard 22 container and no material may be loaded against the outside door of the IME Standard 22 compartment.
(g) Detonators that are classed as 1.4B or 1.4S and contain no more than 1 g of explosive (excluding ignition and delay charges) may be packed as follows in which case they are excepted from the packaging requirements of § 173.62:
(1) No more than 50 detonators in one inner packaging;
(2) IME Standard 22 container is used as the outer packaging;
(3) No more than 1000 detonators in one outer packaging; and
(4) Each inner packaging is marked “l.4B Detonators” or “1.4S Detonators”, as appropriate.
(a)
(1) Is ignitable at 101.3 kPa (14.7 psia) when in a mixture of 13 percent or less by volume with air; or
(2) Has a flammable range at 101.3 kPa (14.7 psia) with air of at least 12 percent regardless of the lower limit. Except for aerosols, the limits specified in paragraphs (a)(1) and (a)(2) of this section shall be determined at 101.3 kPa (14.7 psia) of pressure and a temperature of 20 °C (68 °F) in accordance with the ASTM E681-85, Standard Test Method for Concentration Limits of Flammability of Chemicals or other equivalent method approved by the Associate Administrator. The flammability of aerosols is determined by the tests specified in paragraph (l) of this section.
(b) Division 2.2 (
(1) Exerts in the packaging a gauge pressure of 200 kPa (29.0 psig/43.8 psia) or greater at 20 °C (68 °F), is a liquefied gas or is a cryogenic liquid, and
(2) Does not meet the definition of Division 2.1 or 2.3.
(c)
(1) Is known to be so toxic to humans as to pose a hazard to health during transportation, or
(2) In the absence of adequate data on human toxicity, is presumed to be toxic to humans because when tested on laboratory animals it has an LC
(d)
(e)
(1)
(2)
(f)
(g)
(h)
(i)
(j)
(k) For Division 2.2 gases, the oxidizing ability shall be determined by tests or by calculation in accordance with ISO 10156:1996 and ISO 10156-2:2005 (IBR, see § 171.7 of this subchapter).
(l) The following applies to aerosols (see § 171.8 of this subchapter):
(1) An aerosol must be assigned to Division 2.1 if the contents include 85% by mass or more flammable components and the chemical heat of combustion is 30 kJ/g or more;
(2) An aerosol must be assigned to Division 2.2 if the contents contain 1% by mass or less flammable components and the heat of combustion is less than 20 kJ/g.
(3) Aerosols not meeting the provisions of paragraphs (l)(1) or (1)(2) of this section must be classed in accordance with the appropriate tests of the UN Manual of Tests and Criteria (IBR, see § 171.7 of this subchapter). An aerosol which was tested in accordance with the requirements of this subchapter in effect on December 31, 2005, is not required to be retested.
(4) Division 2.3 gases may not be transported in an aerosol container.
(5) When the contents are classified as Division 6.1, PG III or Class 8, PG II or III, the aerosol must be assigned a subsidiary hazard of Division 6.1 or Class 8, as appropriate.
(6) Substances of Division 6.1, PG I or II, and substances of Class 8, PG I are forbidden from transportation in an aerosol container.
(7) Flammable components are Class 3 flammable liquids, Division 4.1 flammable solids, or Division 2.1 flammable gases. The chemical heat of combustion must be determined in accordance with the UN Manual of Tests and Criteria (IBR, see § 171.7 of this subchapter).
(a) The hazard zone of a Class 2, Division 2.3 material is assigned in column 7 of the § 172.101 table. There are no hazard zones for Divisions 2.1 and 2.2. When the § 172.101 table provides more than one hazard zone for a Division 2.3 material, or indicates that the hazard zone be determined on the basis of the grouping criteria for Division 2.3, the hazard zone shall be determined by applying the following criteria:
(b) The criteria specified in paragraph (a) of this section are represented graphically in § 173.133, Figure 1.
(a)
(1) Any liquid meeting one of the definitions specified in § 173.115.
(2) Any mixture having one or more components with a flash point of 60 °C (140 °F) or higher, that make up at least 99 percent of the total volume of the mixture, if the mixture is not offered for transportation or transported at or above its flash point.
(3) Any liquid with a flash point greater than 35 °C (95 °F) that does not sustain combustion according to ASTM D 4206 (IBR, see § 171.7 of this subchapter) or the procedure in appendix H of this part.
(4) Any liquid with a flash point greater than 35 °C (95 °F) and with a fire point greater than 100 °C (212 °F) according to ISO 2592 (IBR, see § 171.7 of this subchapter).
(5) Any liquid with a flash point greater than 35 °C (95 °F) which is in a water-miscible solution with a water content of more than 90 percent by mass.
(b) Combustible liquid. (1) For the purpose of this subchapter, a
(2) A flammable liquid with a flash point at or above 38 °C (100 °F) that does not meet the definition of any other hazard class may be reclassed as a combustible liquid. This provision does not apply to transportation by vessel or aircraft, except where other means of transportation is impracticable. An elevated temperature material that meets the definition of a Class 3 material because it is intentionally heated and offered for transportation or transported at or above its flash point may not be reclassed as a combustible liquid.
(3) A combustible liquid that does not sustain combustion is not subject to the requirements of this subchapter as a combustible liquid. Either the test method specified in ASTM D 4206 or the procedure in appendix H of this part may be used to determine if a material sustains combustion when heated under test conditions and exposed to an external source of flame.
(c) Flash point. (1)
(i) For a homogeneous, single-phase, liquid having a viscosity less than 45 S.U.S. at 38 °C (100 °F) that does not form a surface film while under test, one of the following test procedures shall be used:
(A) Standard Method of Test for Flash Point by Tag Closed Cup Tester, (ASTM D 56) (IBR;
(B) Standard Test Methods for Flash Point of Liquids by Small Scale Closed-Cup Apparatus, (ASTM D 3278) (IBR;
(C) Standard Test Methods for Flash Point by Small Scale Closed Tester, (ASTM D 3828) (IBR;
(ii) For a liquid other than one meeting all the criteria of paragraph (c)(1)(i) of this section, one of the following test procedures must be used:
(A) Standard Test Methods for Flash Point by Pensky-Martens Closed Cup Tester, (ASTM D 93) (IBR;
(B) Standard Test Methods for Flash Point of Liquids by Small Scale Closed-Cup Apparatus (ASTM D 3278) (IBR;
(C) Determination of Flash/No Flash—Closed Cup Equilibrium Method (ISO 1516) (IBR;
(D) Determination of Flash point—Closed Cup Equilibrium Method (ISO 1523) (IBR;
(E) Determination of Flash Point—Pensky-Martens Closed Cup Method (ISO 2719) (IBR;
(F) Determination of Flash Point—Rapid Equilibrium Closed Cup Method (ISO 3679) (IBR;
(G) Determination of Flash/No Flash—Rapid Equilibrium Closed Cup Method (ISO 3680) (IBR;
(H) Determination of Flash Point—Abel Closed-Cup Method (ISO 13736) (IBR;
(2) For a liquid that is a mixture of compounds that have different volatility and flash points, its flash point shall be determined as specified in paragraph (c)(1) of this section, on the material in the form in which it is to be shipped. If it is determined by this test that the flash point is higher than −7 °C (20 °F) a second test shall be made as follows: a portion of the mixture shall be placed in an open beaker (or similar container) of such dimensions that the height of the liquid can be adjusted so that the ratio of the volume of the liquid to the exposed surface area is 6 to one. The liquid shall be allowed to evaporate under ambient pressure and temperature (20 to 25 °C (68 to 77 °F)) for a period of 4 hours or until 10 percent by volume has evaporated, whichever comes first. A flash point is then run on a portion of the liquid remaining in the evaporation container and the lower of the two flash points shall be the flash point of the material.
(3) For flash point determinations by Setaflash closed tester, the glass syringe specified need not be used as the method of measurement of the test sample if a minimum quantity of 2 mL (0.1 ounce) is assured in the test cup.
(d) If experience or other data indicate that the hazard of a material is greater or less than indicated by the criteria specified in paragraphs (a) and (b) of this section, the Associate Administrator may revise the classification or make the material subject or not subject to the requirements of parts 171 through 185 of this subchapter.
(e)
(a)(1) The packing group of a Class 3 material is as assigned in column 5 of the § 172.101 Table. When the § 172.101 Table provides more than one packing group for a hazardous material, the packing group must be determined by applying the following criteria:
(2) The initial boiling point of a Class 3 material may be determined by using one of the following test methods:
(i) Standard Test Method for Distillation of Petroleum Products at Atmospheric Pressure (ASTM D 86) (IBR;
(ii) Standard Test Method for Distillation Range of Volatile Organic Liquids (ASTM D 1078) (IBR;
(iii) Petroleum Products—Determination of Distillation Characteristics at Atmospheric Pressure (ISO 3405) (IBR;
(iv) Petroleum Products—Determination of Boiling Range Distribution—Gas Chromatography Method (ISO 3924) (IBR;
(v) Volatile Organic Liquids—Determination of Boiling Range of Organic Solvents Used as Raw Materials (ISO 4626) (IBR;
(b)
(i) Less than 3 percent of the clear solvent layer separates in the solvent separation test;
(ii) The mixture does not contain any substances with a primary or a subsidiary risk of Division 6.1 or Class 8;
(iii) The capacity of the packaging is not more than 30 L (7.9 gallons); and
(iv) The viscosity and flash point are in accordance with the following table:
(2) The methods by which the tests referred to in paragraph (b)(1) of this section shall be performed are as follows:
(i)
(ii)
(c)
(a)
(1) Desensitized explosives that—
(i) When dry are Explosives of Class 1 other than those of compatibility group A, which are wetted with sufficient water, alcohol, or plasticizer to suppress explosive properties; and
(ii) Are specifically authorized by name either in the § 172.101Table or have been assigned a shipping name and hazard class by the Associate Administrator under the provisions of—
(A) A special permit issued under subchapter A of this chapter; or
(B) An approval issued under § 173.56(i) of this part.
(2)(i) Self-reactive materials are materials that are thermally unstable and that can undergo a strongly exothermic decomposition even without participation of oxygen (air). A material is excluded from this definition if any of the following applies:
(A) The material meets the definition of an explosive as prescribed in subpart C of this part, in which case it must be classed as an explosive;
(B) The material is forbidden from being offered for transportation according to § 172.101 of this subchapter or § 173.21;
(C) The material meets the definition of an oxidizer or organic peroxide as prescribed in subpart D of this part, in which case it must be so classed;
(D) The material meets one of the following conditions:
(
(
(
(E) The Associate Administrator has determined that the material does not present a hazard which is associated with a Division 4.1 material.
(ii)
(A)
(B)
(C)
(D)
(
(
(
(E)
(F)
(G)
(iii)
(A) Its physical state (i.e. liquid or solid), in accordance with the definition of liquid and solid in § 171.8 of this subchapter;
(B) A determination as to its control temperature and emergency temperature, if any, under the provisions of § 173.21(f);
(C) Performance of the self-reactive material under the test procedures specified in the UN Manual of Tests and Criteria (IBR, see § 171.7 of this subchapter) and the provisions of paragraph (a)(2)(iii) of this section; and
(D) Except for a self-reactive material which is identified by technical
(
(
(iv)
(3) Readily combustible solids are materials that—
(i) Are solids which may cause a fire through friction, such as matches;
(ii) Show a burning rate faster than 2.2 mm (0.087 inches) per second when tested in accordance with the UN Manual of Tests and Criteria (IBR, see § 171.7 of this subchapter); or
(iii) Any metal powders that can be ignited and react over the whole length of a sample in 10 minutes or less, when tested in accordance with the UN Manual of Tests and Criteria.
(b)
(1) A pyrophoric material. A pyrophoric material is a liquid or solid that, even in small quantities and without an external ignition source, can ignite within five (5) minutes after coming in contact with air when tested according to UN Manual of Tests and Criteria.
(2) A self-heating material. A self-heating material is a material that through a process where the gradual reaction of that substance with oxygen (in air) generates heat. If the rate of heat production exceeds the rate of heat loss, then the temperature of the substance will rise which, after an induction time, may lead to self-ignition and combustion. A material of this type which exhibits spontaneous ignition or if the temperature of the sample exceeds 200 °C (392 °F) during the 24-hour test period when tested in accordance with UN Manual of Tests and Criteria (IBR;
(c)
(a) The packing group of a Class 4 material is assigned in column (5) of the § 172.101 Table. When the § 172.101 Table provides more than one packing group for a hazardous material, the packing group shall be determined on the basis of test results following test methods given in the UN Manual of Tests and Criteria (IBR, see § 171.7 of this subchapter) and by applying the appropriate criteria given in this section.
(b) Packing group criteria for readily combustible materials of Division 4.1 are as follows:
(1) Powdered, granular or pasty materials must be classified in Division 4.1 when the time of burning of one or more of the test runs, in accordance with the UN Manual of Tests and Criteria, is less than 45 seconds or the rate of burning is more than 2.2 mm/s. Powders of metals or metal alloys must be classified in Division 4.1 when they can be ignited and the reaction spreads over the whole length of the sample in 10 minutes or less.
(2) Packing group criteria for readily combustible materials of Division 4.1 are assigned as follows:
(i) For readily combustible solids (other than metal powders), Packing Group II if the burning time is less than 45 seconds and the flame passes the wetted zone. Packing Group II must be assigned to powders of metal or metal alloys if the zone of reaction spreads over the whole length of the sample in 5 minutes or less.
(ii) For readily combustible solids (other than metal powders), Packing Group III must be assigned if the burning rate time is less than 45 seconds and the wetted zone stops the flame propagation for at least 4 minutes. Packing Group III must be assigned to metal powders if the reaction spreads over the whole length of the sample in more than 5 minutes but not more than 10 minutes.
(c) Packing group criteria for Division 4.2 materials is as follows:
(1) Pyrophoric liquids and solids of Division 4.2 are assigned to Packing Group I.
(2) A self-heating material is assigned to—
(i) Packing Group II, if the material gives a positive test result when tested with a 25 mm cube size sample at 140 °C; or
(ii) Packing Group III, if—
(A) A positive test result is obtained in a test using a 100 mm sample cube at 140 °C and a negative test result is obtained in a test using a 25 mm sample cube at 140 °C and the substance is transported in packagings with a volume of more than 3 cubic meters; or
(B) A positive test result is obtained in a test using a 100 mm sample cube at 120 °C and a negative result is obtained in a test using a 25 mm sample cube at 140 °C and the substance is transported in packagings with a volume of more than 450 L; or
(C) A positive result is obtained in a test using a 100 mm sample cube at 100 °C and a negative result is obtained in a test using a 25 mm sample cube at 140 °C and the substance is transported in packagings with a volume of less than 450 L.
(d) A Division 4.3 dangerous when wet material is assigned to—
(1) Packing Group I, if the material reacts vigorously with water at ambient temperatures and demonstrates a tendency for the gas produced to ignite spontaneously, or which reacts readily with water at ambient temperatures such that the rate of evolution of flammable gases is equal or greater than 10 L per kilogram of material over any one minute;
(2) Packing Group II, if the material reacts readily with water at ambient temperatures such that the maximum rate of evolution of flammable gases is equal to or greater than 20 L per kilogram of material per hour, and which does not meet the criteria for Packing Group I; or
(3) Packing Group III, if the material reacts slowly with water at ambient temperatures such that the maximum rate of evolution of flammable gases is greater than 1 L per kilogram of material per hour, and which does not meet the criteria for Packing Group I or II.
(a)
(1) A solid material is classed as a Division 5.1 material if, when tested in accordance with the UN Manual of Tests and Criteria (IBR, see § 171.7 of this subchapter), its mean burning time is less than or equal to the burning time of a 3:7 potassium bromate/cellulose mixture.
(2) A liquid material is classed as a Division 5.1 material if, when tested in accordance with the UN Manual of Tests and Criteria, it spontaneously ignites or its mean time for a pressure rise from 690 kPa to 2070 kPa gauge is less then the time of a 1:1 nitric acid (65 percent)/cellulose mixture.
(b)
(i) Packing Group I, for any material which, in either concentration tested, exhibits a mean burning time less than the mean burning time of a 3:2 potassium bromate/cellulose mixture.
(ii) Packing Group II, for any material which, in either concentration tested, exhibits a mean burning time less than or equal to the mean burning time of a 2:3 potassium bromate/cellulose mixture and the criteria for Packing Group I are not met.
(iii) Packing Group III for any material which, in either concentration tested, exhibits a mean burning time less than or equal to the mean burning time of a 3:7 potassium bromate/cellulose mixture and the criteria for Packing Group I and II are not met.
(2) The packing group of a Division 5.1 material which is a liquid shall be assigned using the following criteria:
(i) Packing Group I for:
(A) Any material which spontaneously ignites when mixed with cellulose in a 1:1 ratio; or
(B) Any material which exhibits a mean pressure rise time less than the pressure rise time of a 1:1 perchloric acid (50 percent)/cellulose mixture.
(ii) Packing Group II, any material which exhibits a mean pressure rise time less than or equal to the pressure rise time of a 1:1 aqueous sodium chlorate solution (40 percent)/cellulose mixture and the criteria for Packing Group I are not met.
(iii) Packing Group III, any material which exhibits a mean pressure rise time less than or equal to the pressure rise time of a 1:1 nitric acid (65 percent)/cellulose mixture and the criteria for Packing Group I and II are not met.
(a)
(1) The material meets the definition of an explosive as prescribed in subpart C of this part, in which case it must be classed as an explosive;
(2) The material is forbidden from being offered for transportation according to § 172.101 of this subchapter or § 173.21;
(3) The Associate Administrator has determined that the material does not present a hazard which is associated with a Division 5.2 material; or
(4) The material meets one of the following conditions:
(i) For materials containing no more than 1.0 percent hydrogen peroxide, the available oxygen, as calculated using the equation in paragraph (a)(4)(ii) of this section, is not more than 1.0 percent, or
(ii) For materials containing more than 1.0 percent but not more than 7.0 percent hydrogen peroxide, the available oxygen, content (O
(b)
(1)
(2)
(3)
(4)
(i) Detonates only partially, but does not deflagrate rapidly and is not affected by heat when confined;
(ii) Does not detonate, deflagrates slowly, and shows no violent effect if heated when confined; or
(iii) Does not detonate or deflagrate, and shows a medium effect when heated under confinement.
(5)
(6)
(7)
(c)
(1) Its physical state (i.e., liquid or solid), in accordance with the definitions for liquid and solid in § 171.8 of this subchapter;
(2) A determination as to its control temperature and emergency temperature, if any, under the provisions of § 173.21(f); and
(3) Performance of the organic peroxide under the test procedures specified in the UN Manual of Tests and Criteria (IBR, see § 171.7 of this subchapter), and the provisions of paragraph (d) of this section.
(d)
(i) An organic peroxide which is identified by technical name in the Organic Peroxides Table in § 173.225(c);
(ii) A mixture of organic peroxides prepared according to § 173.225(b); or
(iii) An organic peroxide which may be shipped as a sample under the provisions of § 173.225(b).
(2) A person applying for an approval must submit all relevant data concerning physical state, temperature controls, and tests results or an approval issued for the organic peroxide by the competent authority of a foreign government.
(e)
All Division 5.2 materials are assigned to Packing Group II in column 5 of the § 172.101 table.
(a) For the purpose of this subchapter,
(1) Is presumed to be toxic to humans because it falls within any one of the following categories when tested on
(i)
(ii)
(iii)
(B) A material with a saturated vapor concentration in air at 20 °C (68 °F) greater than or equal to one-fifth of the LC
(2) Is an irritating material, with properties similar to tear gas, which causes extreme irritation, especially in confined spaces.
(b) For the purposes of this subchapter—
(1) LD
(2) LD
(3) LC
(i) When provisions of this subchapter require the use of the LC
(ii) When the provisions of this subchapter require the use of the LC
(iii) A solid substance should be tested if at least 10 percent of its total mass is likely to be dust in a respirable range, e.g. the aerodynamic diameter of that particle-fraction is 10 microns or less. A liquid substance should be tested if a mist is likely to be generated in a leakage of the transport containment. In carrying out the test both for solid and liquid substances, more than 90% (by mass) of a specimen prepared for inhalation toxicity testing must be in the respirable range as defined in this paragraph (b)(3)(iii).
(c) For purposes of classifying and assigning packing groups to mixtures possessing oral or dermal toxicity hazards according to the criteria in § 173.133(a)(1), it is necessary to determine the acute LD
(1) Obtain reliable acute oral and dermal toxicity data on the actual mixture to be transported;
(2) If reliable, accurate data is not available, classify the formulation according to the most hazardous constituent of the mixture as if that constituent were present in the same concentration as the total concentration of all active constituents; or
(3) If reliable, accurate data is not available, apply the formula:
This formula also may be used for dermal toxicities provided that this information is available on the same species for all constituents. The use of this formula does not take into account any potentiation or protective phenomena.
(d) The foregoing categories shall not apply if the Associate Administrator has determined that the physical characteristics of the material or its probable hazards to humans as shown by documented experience indicate that the material will not cause serious sickness or death.
(a) The packing group of Division 6.1 materials shall be as assigned in column 5 of the § 172.101 table. When the § 172.101 table provides more than one packing group or hazard zone for a hazardous material, the packing group and hazard zone shall be determined by applying the following criteria:
(1) The packing group assignment for routes of administration other than inhalation of vapors shall be in accordance with the following table:
(2)(i) The packing group and hazard zone assignments for liquids (see § 173.115(c) of this subpart for gases) based on inhalation of vapors shall be in accordance with the following table:
(ii) These criteria are represented graphically in Figure 1:
(3) When the packing group determined by applying these criteria is different for two or more (oral, dermal or inhalation) routes of administration, the packing group assigned to the material shall be that indicated for the highest degree of toxicity for any of the routes of administration.
(4) Notwithstanding the provisions of this paragraph, the packing group and hazard zone of a tear gas substance is as assigned in column 5 of the § 172.101 table.
(b) The packing group and hazard zone for Division 6.1 mixtures that are poisonous (toxic) by inhalation may be determined by one of the following methods:
(1) Where LC
(i) The LC
(ii) The volatility of each component substance is estimated using the formula:
(iii) The ratio of the volatility to the LC
(iv) Using the calculated values LC
(2) In the absence of LC
(i) A mixture is assigned to Packing Group I, Hazard Zone A only if both the following criteria are met:
(A) A sample of the liquid mixture is vaporized and diluted with air to create a test atmosphere of 200 mL/m
(B) A sample of the vapor in equilibrium with the liquid mixture is diluted with 499 equal volumes of air to form a test atmosphere. Ten albino rats (five male and five female) are exposed to the test atmosphere for one hour and observed for fourteen days. If five or more of the animals die within the fourteen-day observation period, the mixture is presumed to have a volatility equal to or greater than 500 times the mixture LC
(ii) A mixture is assigned to Packing Group I, Hazard Zone B only if both the following criteria are met, and the mixture does not meet the criteria for Packing Group I, Hazard Zone A:
(A) A sample of the liquid mixture is vaporized and diluted with air to create a test atmosphere of 1000 mL/m
(B) A sample of the vapor in equilibrium with the liquid mixture is diluted with 9 equal volumes of air to form a test atmosphere. Ten albino rats (five male and five female) are exposed to the test atmosphere for one hour and observed for fourteen days. If five or more of the animals die within the fourteen-day observation period, the mixture is presumed to have a volatility equal to or greater than 10 times the mixture LC
(iii) A mixture is assigned to Packing Group II only if both the following criteria are met, and the mixture does not meet the criteria for Packing Group I (Hazard Zones A or B):
(A) A sample of the liquid mixture is vaporized and diluted with air to create a test atmosphere of 3000 mL/m
(B) A sample of the vapor in equilibrium with the liquid mixture is used to form a test atmosphere. Ten albino rats (five male and five female) are exposed to the test atmosphere for one hour and observed for fourteen days. If five or more of the animals die within the fourteen-day observation period, the mixture is presumed to have a volatility equal to or greater than the mixture LC
(iv) A mixture is assigned to Packing Group III only if both the following criteria are met, and the mixture does not meet the criteria for Packing Groups I (Hazard Zones A or B) or Packing Group II (Hazard Zone C):
(A) A sample of the liquid mixture is vaporized and diluted with air to create a test atmosphere of 5000 mL/m
(B) The vapor pressure of the liquid mixture is measured and if the vapor concentration is equal to or greater than 1000 mL/m
(e)
(a)
(1)
(i)
(ii)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(b)
(1) A material that does not contain an infectious substance or that is unlikely to cause disease in humans or animals.
(2) Non-infectious biological materials from humans, animals, or plants. Examples include non-infectious cells, tissue cultures, blood or plasma from individuals not suspected of having an infectious disease, DNA, RNA or other non-infectious genetic elements.
(3) A material containing micro-organisms that are non-pathogenic to humans or animals.
(4) A material containing pathogens that have been neutralized or inactivated such that they no longer pose a health risk.
(5) A material with a low probability of containing an infectious substance, or where the concentration of the infectious substance is at a level naturally occurring in the environment so it cannot cause disease when exposure to it occurs. Examples of these materials include: Foodstuffs; environmental samples, such as water or a sample of dust or mold; and substances that have been treated so that the pathogens have been neutralized or deactivated, such as a material treated by steam sterilization, chemical disinfection, or other appropriate method, so it no longer meets the definition of an infectious substance.
(6) A biological product, including an experimental or investigational product or component of a product, subject to Federal approval, permit, review, or licensing requirements, such as those required by the Food and Drug Administration of the U.S. Department of Health and Human Services or the U.S. Department of Agriculture.
(7) Blood collected for the purpose of blood transfusion or the preparation of blood products; blood products; plasma; plasma derivatives; blood components; tissues or organs intended for use in transplant operations; and human cell, tissues, and cellular and tissue-based products regulated under authority of the Public Health Service Act (42 U.S.C. 264-272) and/or the Food, Drug, and Cosmetic Act (21 U.S.C. 332
(8) Blood, blood plasma, and blood components collected for the purpose of blood transfusion or the preparation of blood products and sent for testing as part of the collection process, except where the person collecting the blood has reason to believe it contains an infectious substance, in which case the test sample must be shipped as a Category A or Category B infectious substance in accordance with § 173.196 or § 173.199, as appropriate.
(9) Dried blood spots or specimens for fecal occult blood detection placed on absorbent filter paper or other material.
(10) A Division 6.2 material, other than a Category A infectious substance, contained in a patient sample being transported for research, diagnosis, investigational activities, or disease treatment or prevention, or a biological product, when such materials are transported by a private or contract carrier in a motor vehicle used exclusively to transport such materials. Medical or clinical equipment and laboratory products may be transported aboard the same vehicle provided they are properly packaged and secured against exposure or contamination. If the human or animal sample or biological product meets the definition of regulated medical waste in paragraph (a)(5) of this section, it must be offered for transportation and transported in conformance with the appropriate requirements for regulated medical waste.
(11) A human or animal sample (including, but not limited to, secreta, excreta, blood and its components, tissue and tissue fluids, and body parts) being transported for routine testing not related to the diagnosis of an infectious disease, such as for drug/alcohol testing, cholesterol testing, blood glucose level testing, prostate specific antibody testing, testing to monitor kidney or liver function, or pregnancy testing, or for tests for diagnosis of non-infectious diseases, such as cancer biopsies, and for which there is a low probability the sample is infectious.
(12) Laundry and medical equipment and used health care products, as follows:
(i) Laundry or medical equipment conforming to the regulations of the Occupational Safety and Health Administration of the Department of Labor in 29 CFR 1910.1030. This exception includes medical equipment intended for use, cleaning, or refurbishment, such as reusable surgical equipment, or equipment used for testing where the components within which the equipment is contained essentially function as packaging. This exception does not apply to medical equipment being transported for disposal.
(ii) Used health care products not conforming to the requirements in 29
(A) Each used health care product must be drained of free liquid to the extent practicable and placed in a watertight primary container designed and constructed to assure that it remains intact under conditions normally incident to transportation. For a used health care product capable of cutting or penetrating skin or packaging material, the primary container must be capable of retaining the product without puncture of the packaging under normal conditions of transport. Each primary container must be marked with a BIOHAZARD marking conforming to 29 CFR 1910.1030(g)(1)(i).
(B) Each primary container must be placed inside a watertight secondary container designed and constructed to assure that it remains intact under conditions normally incident to transportation. The secondary container must be marked with a BIOHAZARD marking conforming to 29 CFR 1910.1030(g)(1)(i).
(C) The secondary container must be placed inside an outer packaging with sufficient cushioning material to prevent movement between the secondary container and the outer packaging. An itemized list of the contents of the primary container and information concerning possible contamination with a Division 6.2 material, including its possible location on the product, must be placed between the secondary container and the outside packaging.
(D) Each person who offers or transports a used health care product under the provisions of this paragraph must know about the requirements of this paragraph.
(13) Any waste or recyclable material, other than regulated medical waste, including—
(i) Household waste as defined in § 171.8, when transported in accordance with applicable state, local, or tribal requirements.
(ii) Sanitary waste or sewage;
(iii) Sewage sludge or compost;
(iv) Animal waste generated in animal husbandry or food production; or
(v) Medical waste generated from households and transported in accordance with applicable state, local, or tribal requirements.
(14) Corpses, remains, and anatomical parts intended for interment, cremation, or medical research at a college, hospital, or laboratory.
(15) Forensic material transported on behalf of a U.S. Government, state, local or Indian tribal government agency, except that—
(i) Forensic material known or suspected to contain a Category B infectious substance must be shipped in a packaging conforming to the provisions of § 173.24.
(ii) Forensic material known or suspected to contain a Category A infectious substance or an infectious substance listed as a select agent in 42 CFR Part 73 must be transported in packaging capable of meeting the test standards in § 178.609 of this subchapter. The secondary packaging must be marked with a BIOHAZARD symbol conforming to specifications in 29 CFR 1910.1030(g)(1)(i). An itemized list of contents must be enclosed between the secondary packaging and the outer packaging.
(16) Agricultural products and food as defined in the Federal Food, Drug, and Cosmetics Act (21 U.S.C. 332
(c)
(1) A regulated medical waste transported by a private or contract carrier is excepted from—
(i) The requirement for an “INFECTIOUS SUBSTANCE” label if the outer packaging is marked with a “BIOHAZARD” marking in accordance with 29 CFR 1910.1030; and
(ii) The specific packaging requirements of § 173.197, if packaged in a rigid non-bulk packaging conforming to the general packaging requirements of
(2) A waste stock or culture of a Category B infectious substance may be offered for transportation and transported as a regulated medical waste when it is packaged in a rigid non-bulk packaging conforming to the general packaging requirements of §§ 173.24 and 173.24a and packaging requirements specified in 29 CFR 1910.1030 and transported by a private or contract carrier in a vehicle used exclusively to transport regulated medical waste. Medical or clinical equipment and laboratory products may be transported aboard the same vehicle provided they are properly packaged and secured against exposure or contamination. Sharps containers must be securely closed to prevent leaks or punctures.
(d) If an item listed in paragraph (b) or (c) of this section meets the definition of another hazard class or if it is a hazardous substance, hazardous waste, or marine pollutant, it must be offered for transportation and transported in accordance with applicable requirements of this subchapter.
(c)
(a) For the purpose of this subchapter, “corrosive material” (Class 8) means a liquid or solid that causes full thickness destruction of human skin at the site of contact within a specified period of time. A liquid, or a solid which may become liquid during transportation, that has a severe corrosion rate on steel or aluminum based on the criteria in § 173.137(c)(2) is also a corrosive material. Whenever practical,
(b) If human experience or other data indicate that the hazard of a material is greater or less than indicated by the results of the tests specified in paragraph (a) of this section, PHMSA may revise its classification or make the determination that the material is not subject to the requirements of this subchapter.
(c) Skin corrosion test data produced no later than September 30, 1995, using the procedures of part 173, appendix A, in effect on September 30, 1995 (see 49 CFR part 173, appendix A, revised as of October 1, 1994) for appropriate exposure times may be used for classification and assignment of packing group for Class 8 materials corrosive to skin.
The packing group of a Class 8 material is indicated in Column 5 of the § 172.101 Table. When the § 172.101 Table provides more than one packing group for a Class 8 material, the packing group must be determined using data obtained from tests conducted in accordance with the OECD Guideline for the Testing of Chemicals, Number 435, “
(a)
(b)
(c)
(1) That cause full thickness destruction of intact skin tissue within an observation period of up to 14 days starting after the exposure time of more than 60 minutes but not more than 4 hours; or
(2) That do not cause full thickness destruction of intact skin tissue but exhibit a corrosion on either steel or aluminum surfaces exceeding 6.25 mm (0.25 inch) a year at a test temperature of 55 °C (130 °F) when tested on both materials. The corrosion may be determined in accordance with the UN Manual of Tests and Criteria (IBR, see § 171.7 of this subchapter) or other equivalent test methods.
When an initial test on either a steel or aluminum surface indicates the material being tested is corrosive, the follow up test on the other surface is not required.
For the purposes of this subchapter,
(a) Any material which has an anesthetic, noxious or other similar property which could cause extreme annoyance or discomfort to a flight crew member so as to prevent the correct performance of assigned duties; or
(b) Any material that meets the definition in § 171.8 of this subchapter for an elevated temperature material, a hazardous substance, a hazardous waste, or a marine pollutant.
The packing group of a Class 9 material is as indicated in column 5 of the § 172.101 table.
Until December 31, 2013 and for the purposes of this subchapter, “ORM-D material” means a material such as a consumer commodity, cartridges, small arms or cartridges, power devices which, although otherwise subject to the regulations of this subchapter, presents a limited hazard during transportation due to its form, quantity and packaging. It must be a material for which exceptions are provided in Column (8A) of the § 172.101 Hazardous Materials Table.
Packing groups are not assigned to ORM-D materials.
(a)
(b)
(1) For flammable liquids in Packing Group I, inner packagings not over 0.5 L (0.1 gallon) net capacity each, packed in a strong outer packaging;
(2) For flammable liquids in Packing Group II, inner packagings not over 1.0 L (0.3 gallons) net capacity each, packed in a strong outer packaging.
(3) For flammable liquids in Packing Group III and combustible liquids, inner packagings not over 5.0 L (1.3 gallons) net capacity each, packed in a strong outer packaging.
(c)
(d)
(1) Contains 24 percent or less alcohol by volume;
(2) Is in an inner packaging of 5 L (1.3 gallons) or less, and for transportation on passenger-carrying aircraft conforms to § 175.10(a)(4) of this subchapter as checked or carry-on baggage; or
(3) Is a Packing Group III alcoholic beverage in a packaging of 250 L (66 gallons) or less, unless transported by air.
(e)
(1) May be reclassed as a combustible liquid.
(2) Is not subject to the requirements of this subchapter if it contains no less than 50 percent water.
(f)
(2) The requirements in this subchapter do not apply to a material classed as a combustible liquid in a non-bulk packaging unless the combustible liquid is a hazardous substance, a hazardous waste, or a marine pollutant.
(3) A combustible liquid that is in a bulk packaging or a combustible liquid that is a hazardous substance, a hazardous waste, or a marine pollutant is not subject to the requirements of this subchapter except those pertaining to:
(i) Shipping papers, waybills, switching orders, and hazardous waste manifests;
(ii) Marking of packages;
(iii) Display of identification numbers on bulk packages;
(iv) For bulk packagings only, placarding requirements of subpart F of part 172 of this subchapter;
(v) Carriage aboard aircraft and vessels (for packaging requirements for
(vi) Reporting incidents as prescribed by §§ 171.15 and 171.16 of this subchapter;
(vii) Packaging requirements of subpart B of this part and, in addition, non-bulk packagings must conform with requirements of § 173.203;
(viii) The requirements of §§ 173.1, 173.21, 173.24, 173.24a, 173.24b, 174.1, 177.804, 177.817, 177.834(j), and 177.837(d) of this subchapter;
(ix) The training requirements of subpart H of part 172 of this subchapter.
(x) Emergency response information requirements of subpart G of part 172.
(4) A combustible liquid that is not a hazardous substance, a hazardous waste, or a marine pollutant is not subject to the requirements of this subchapter if it is a mixture of one or more components that—
(i) Has a flash point at or above 93 °C (200 °F),
(ii) Comprises at least 99 percent of the volume of the mixture, and
(iii) Is not offered for transportation or transported as a liquid at a temperature at or above its flash point.
For
(a)
(b)
(i) For flammable solids in Packing Group II, inner packagings not over 1.0 kg (2.2 pounds) net capacity each, packed in a strong outer packaging.
(ii) For flammable solids in Packing Group III, inner packagings not over 5.0 kg (11 pounds) net capacity each, packed in a strong outer packaging.
(2) For transportation by highway or rail, Charcoal briquettes (NA1361) may be packaged as a limited quantity in accordance with paragraph (b) of this section in packagings not exceeding 30 kg gross weight and are eligible for the exceptions provided in § 173.156.
(c)
(d)
(1) For dangerous when wet solids in Packing Group II, inner packagings not over 0.5 kg (1.1 pounds) net capacity each, packed in a strong outer packaging.
(2) For dangerous when wet solids in Packing Group III, inner packagings not over 1.0 kg (2.2 pounds) net capacity each, packed in a strong outer packaging.
(a)
(b)
(1) For oxidizers in Packing Group II, inner packagings not over 1.0 L (0.3 gallon) net capacity each for liquids or not over 1.0 kg (2.2 pounds) net capacity each for solids, packed in a strong outer packaging.
(2) For oxidizers in Packing Group III, inner packagings not over 5 L (1.3 gallons) net capacity each for liquids or not over 5.0 kg (11 lbs) net capacity
(3) For organic peroxides that do not require temperature control during transportation—
(i) Except for transportation by aircraft, for Type B or C organic peroxides, inner packagings not over 25 mL (0.845 ounces) net capacity each for liquids or 100 g (3.528 ounces) net capacity for solids, packed in a strong outer packaging.
(ii) For Type D, E, or F organic peroxides, inner packagings not over 125 mL (4.22 ounces) net capacity each for liquids or 500 g (17.64 ounces) net capacity for solids, packed in a strong outer packaging.
(c)
(a)
(b)
(1) For poisonous materials in Packing Group II, inner packagings not over 100 mL (3.38 ounces) each for liquids or 0.5 kg (1.1 pounds) each for solids, packed in a strong outer packaging. Inner packagings containing a liquid poisonous material which is also a drug or medicine in Packing Group II may be increased to not over 250 mL (8 ounces) each and packed in a strong outer packaging.
(2) For poisonous materials in Packing Group III, inner packagings not over 5 L (1.3 gallons) each for liquids or 5.0 kg (11 pounds) each for solids, packed in a strong outer packaging.
(c)
(a)
(b)
(1) For corrosive materials in Packing Group II, inner packagings not over 1.0 L (0.3 gallon) net capacity each for liquids or not over 1.0 kg (2.2 pounds) net capacity each for solids, packed in a strong outer packaging.
(2) For corrosive materials in Packing Group III, inner packagings not over 5.0 L (1.3 gallons) net capacity each for liquids or not over 5.0 kg (11 lbs) net capacity each for solids, packed in a strong outer packaging.
(c)
(d)
(1) On aluminum is not subject to any other requirements of this subchapter when transported by motor vehicle or rail car in a packaging constructed of materials that will not react dangerously with or be degraded by the corrosive material; or
(2) On steel is not subject to any other requirements of this subchapter when transported by motor vehicle or rail car in a bulk packaging constructed of materials that will not react dangerously with or be degraded by the corrosive material.
(a)
(b)
(1) For miscellaneous materials in Packing Group II, inner packagings not over 1.0 L (0.3 gallon) net capacity each for liquids or not over 1.0 kg (2.2 pounds) net capacity each for solids, packed in a strong outer packaging.
(2) For miscellaneous materials in Packing Group III, inner packagings not over 5.0 L (1.3 gallons) net capacity each for liquids or not over 5.0 kg (11 lbs) net capacity each for solids, packed in a strong outer packaging.
(c)
(a) Exceptions for hazardous materials shipments in the following paragraphs are permitted only if this section is referenced for the specific hazardous material in the § 172.101 Table or in a packaging section in this part.
(b) Packagings for limited quantity and ORM-D are specified according to hazard class in §§ 173.150 through 173.155 and in § 173.306. In addition to other exceptions provided for limited quantity and ORM-D materials in this part:
(1) Strong outer packagings as specified in this part, marking requirements specified in subpart D of part 172 of this subchapter, and the 30 kg (66 pounds) gross weight limitation are not required for packages of limited quantity materials marked in accordance with § 172.315 of this subchapter, or, until December 31, 2013, materials classed and marked as ORM-D and described as a Consumer commodity, as defined in § 171.8 of this subchapter, when—
(i) Unitized in cages, carts, boxes or similar overpacks;
(ii) Offered for transportation or transported by:
(A) Rail;
(B) Private or contract motor carrier; or
(C) Common carrier in a vehicle under exclusive use for such service; and
(iii) Transported to or from a manufacturer, a distribution center, or a retail outlet, or transported to a disposal facility from one offeror.
(2) The 30 kg (66 pounds) gross weight limitation does not apply to packages of limited quantity materials marked in accordance with § 172.315 of this subchapter, or, until December 31, 2013, materials classed and marked as ORM-D and described as a Consumer commodity, as defined in § 171.8 of this subchapter, when offered for transportation or transported by highway or
(i) Inner packagings conform to the quantity limits for inner packagings specified in §§ 173.150(b), 173.152(b), 173.154(b), 173.155(b) and 173.306 (a) and (b), as appropriate;
(ii) The inner packagings are packed into corrugated fiberboard trays to prevent them from moving freely;
(iii) The trays are placed in a fiberboard box which is banded and secured to a wooden pallet by metal, fabric, or plastic straps, to form a single palletized unit;
(iv) The package conforms to the general packaging requirements of subpart B of this part;
(v) The maximum net quantity of hazardous material permitted on one palletized unit is 250 kg (550 pounds); and
(vi) The package is properly marked in accordance with § 172.315 or, until December 31, 2013, § 172.316 of this subchapter.
(a) Nitric acid exceeding 40 percent concentration may not be packaged with any other material.
(b) Nitric acid in any concentration which does not contain sulfuric acid or hydrochloric acid as impurities, when offered for transportation or transported by rail, highway, or water shall be packaged in specification containers as follows:
(1) 1A1 stainless steel drums are authorized, subject to the following limitations:
(i) Stainless steel used in drums must conform to the following thicknesses:
(ii) Drums weighing less than 85 percent of their original tare weight may not be used.
(iii) Type 304 or other grades of equivalent corrosion-resistant steels in the as-welded condition are permissible for nitric acid concentrations up to and including 78 percent.
(iv) For all concentrations of nitric acid, the following are permissible:
(A) Type 304 heat-treated (quenched in water at 1040 °C (1900 °F)),
(B) Stabilized Type 347 in the as-welded condition,
(C) Stabilized Type 347 stress-relieved (845-900 °C (1550-1650 °F)),
(D) Stabilized Type 347 heat-treated (quenched in water at 1040 °C (1900 °F)), or
(E) Other grades of equivalent corrosion resistance.
(v) All parts of drum exposed to lading must be capable of withstanding the corrosive effect of nitric acid to the extent that 65 percent boiling nitric acid does not penetrate the metal more than 0.0381 mm (0.002 inches) per month. (ASTM A 262 may be used for a suitable corrosion test procedure.)
(vi) In addition to marking required by § 178.503 of this subchapter, the following marks, in lettering of at least 12.7 mm (0.5 inch) height, must be placed on drums used to transport nitric acid:
(A) The type of steel used in body and head sheets as identified by American Iron and Steel Institute type number, and, in addition, the letters “HT” following the steel designation on containers subject to stress relieving or heat treatment during manufacture.
(B) The thickness in mm of metal in thinnest part. When the thickness of metal in the body differs from that in the head, both must be indicated with slanting line between and with the gauge of the body indicated first.
(C) Original tare weight in kilograms, preceded by the letters “TW.”
(2) 4H1 expanded plastics outer packagings with glass inner receptacles of not greater than 2.5 L (0.66 gallon) capacity each. No more than four 2.5 L (0.66 gallon) inner receptacles may be packed in one outer packaging.
(c) Nitric acid of 80 percent or greater concentration which does not contain sulfuric acid or hydrochloric acid as impurities, when offered for transportation or transported by rail, highway, or water may be packaged in 1B1 aluminum drums.
(d) Nitric acid of 90 percent or greater concentration, when offered for transportation or transported by rail, highway, or water may be packaged as follows:
(1) In 4C1, 4C2, 4D or 4F wooden boxes with inner packagings consisting of glass bottles further individually overpacked in tightly closed metal packagings. Glass bottles must be of 2.5 L (0.66 gallon) or less capacity and cushioned with a non-reactive, absorbent material within the metal packagings.
(2) In combination packagings with 1A2, 1B2, 1D, 1G, 1H2, 3H2 or 4G outer packagings with inner glass packagings of 2.5 L (0.66 gallons) or less capacity cushioned with a non-reactive, absorbent material and packed within a tightly closed intermediate packaging of metal or plastic.
(e) Nitric acid of less than 90 percent concentration, when offered for transportation or transported by rail, highway, or water may be packaged in 4G fiberboard boxes or 4C1, 4C2, 4D or 4F wooden boxes with inside glass packagings of not over 2.5 L (0.66 gallon) capacity each.
(f) Nitric acid of 70 percent or less concentration, when offered for transportation or transported by rail, highway, or water, may be packaged as follows:
(1) In composite packagings 6PA1, 6PA2, 6PB1, 6PB2, 6PC, 6PD1, 6PH1, or 6PH2. 6HH1 and 6HA1 composite packaging with plastic inner receptacles meeting the compatibility requirements § 173.24(e) (e.g., PFA Teflon) are authorized.
(2) In 4H1 expanded plastic boxes with inner glass packagings of not over 2.5 L (0.66 gallon) each.
(3) In combination packagings with 1A2, 1B2, 1D, 1G, 1H2, 3H2, 4C1, 4C2, 4D, 4F or 4G outer packagings and plastic inner packagings not over 2.5 L (0.66 gallon) capacity further individually overpacked in tightly closed metal packagings.
(g) Nitric acid of more than 70 percent concentration, when offered for transportation or transported by cargo aircraft only, must be packaged in combination packagings with 1A2, 1B2, 1D, 1G, 1H2, 3H2, 4C1, 4C2, 4D, 4F or 4G outer packagings with glass or earthenware inner packagings of not over 1 L (0.3 gallon) or glass ampoules of not over 0.5 L (0.1 gallon).
(h) Nitric acid of less than 70 percent concentration, when offered for transportation in cargo aircraft only must be packaged in combination packagings with 1A2, 1B2, 1D, 1G, 1H2, 3H2, 4C1, 4C2, 4D, 4F or 4G outer packagings with inner packagings of—
(1) Glass or earthenware not over 2.5 L (0.66 gallon) capacity;
(2) Plastic not over 2.5 L (0.66 gallon) capacity further individually overpacked in tightly closed metal packagings; or
(3) Glass ampoule not over 0.5 L (0.1 gallon) capacity.
(a) Electric storage batteries, containing electrolyte acid or alkaline corrosive battery fluid (wet batteries), may not be packed with other materials except as provided in paragraphs (g) and (h) of this section and in §§ 173.220 and 173.222; and any battery or battery-powered device must be prepared and packaged for transport in a manner to prevent:
(1) A dangerous evolution of heat (
(2) Short circuits, including, but not limited to:
(i) Packaging each battery or each battery-powered device when practicable, in fully enclosed inner packagings made of non-conductive material;
(ii) Separating or packaging batteries and battery-powered devices in a manner to prevent contact with other
(iii) Ensuring exposed terminals are protected with non-conductive caps, non-conductive tape, or by other appropriate means; and
(3)
(i) Securely attaching covers of sufficient strength to protect the terminals;
(ii) Packaging the battery in a rigid plastic packaging; or
(iii) Constructing the battery with terminals that are recessed or otherwise protected so that the terminals will not be subjected to damage if the package is dropped.
(b) For transportation by aircraft:
(1) The packaging for wet batteries must incorporate an acid- or alkali-proof liner, or include a supplementary packaging with sufficient strength and adequately sealed to prevent leakage of electrolyte fluid in the event of spillage; and
(2) Any battery-powered device, equipment or vehicle must be packaged for transport in a manner to prevent unintentional activation or must have an independent means of preventing unintentional activation (
(c) The following specification packagings are authorized for batteries packed without other materials provided all requirements of paragraph (a) of this section, and for transportation by aircraft, paragraph (b) of this section are met:
(1) Wooden box: 4C1, 4C2, 4D, or 4F.
(2) Fiberboard box: 4G.
(3) Plywood drum: 1D.
(4) Fiber drum: 1G.
(5) Plastic drum: 1H2.
(6) Plastic jerrican: 3H2.
(7) Plastic box: 4H2.
(d) The following non-specification packagings are authorized for batteries packed without other materials provided all requirements of paragraph (a) of this section, and for transportation by aircraft, paragraph (b) of this section are met:
(1) Electric storage batteries are firmly secured to skids or pallets capable of withstanding the shocks normally incident to transportation are authorized for transportation by rail, highway, or vessel. The height of the completed unit must not exceed 1
(2) Electric storage batteries weighing 225 kg (500 pounds) or more, consisting of carriers' equipment, may be shipped by rail when mounted on suitable skids. Such shipments may not be offered in interchange service.
(3) One to three batteries not over 11.3 kg (25 pounds) each, packed in strong outer boxes. The maximum authorized gross weight is 34 kg (75 pounds).
(4) Not more than four batteries not over 7 kg (15 pounds) each, packed in strong outer fiberboard or wooden boxes. The maximum authorized gross weight is 30 kg (65 pounds).
(5) Not more than five batteries not over 4.5 kg (10 pounds) each, packed in strong outer fiberboard or wooden boxes. The maximum authorized gross weight is 30 kg (65 pounds).
(6) Single batteries not exceeding 34 kg (75 pounds) each, packed in 5-sided slip covers or in completely closed fiberboard boxes. Slip covers and boxes must be of solid or double-faced corrugated fiberboard of at least 91 kg (200 pounds) Mullen test strength. The slip cover or fiberboard box must fit snugly and provide inside top clearance of at least 1.3 cm (0.5 inch) above battery
(7) Single batteries exceeding 34 kg (75 pounds) each may be packed in completely closed fiberboard boxes. Boxes must be of double-wall corrugated fiberboard of at least 181 kg (400 pounds) test, or solid fiberboard testing at least 181 kg (400 pounds); a box may have hand holes in its ends provided that the hand holes will not materially weaken the box. Sides and ends of the box must have cushioning between the battery and walls of the box; combined thickness of cushioning material and walls of the box must not be less than 1.3 cm (0.5 inch); and cushioning must be excelsior pads, corrugated fiberboard, or other suitable cushioning material. The bottom of the battery must be protected by a minimum of one excelsior pad or by a double-wall corrugated fiberboard pad. The top of the battery must be protected by a wood frame, corrugated trays or scored sheets of corrugated fiberboard having minimum test of 91 kg (200 pounds), or other equally effective cushioning material. Top protection must bear evenly on connectors and/or edges of the battery cover to facilitate stacking of batteries. No more than one battery may be placed in one box. The maximum authorized gross weight is 91 kg (200 pounds).
(e) When transported by highway or rail, electric storage batteries containing electrolyte or corrosive battery fluid are not subject to any other requirements of this subchapter, if all of the following are met:
(1) No other hazardous materials may be transported in the same vehicle;
(2) The batteries must be loaded or braced so as to prevent damage and short circuits in transit;
(3) Any other material loaded in the same vehicle must be blocked, braced, or otherwise secured to prevent contact with or damage to the batteries; and
(4) The transport vehicle may not carry material shipped by any person other than the shipper of the batteries.
(f) Batteries can be considered as non-spillable provided they are capable of withstanding the following two tests, without leakage of battery fluid from the battery:
(1)
(2)
(g) Electrolyte, acid or alkaline corrosive battery fluid, packed with batteries wet or dry, must be packed in one of the following specification packagings:
(1) In 4C1, 4C2, 4D, or 4F wooden boxes with inner receptacles of glass, not over 4.0 L (1 gallon) each with not over 8.0 L (2 gallons) total in each outside container. Inside containers must be well-cushioned and separated from batteries by a strong solid wooden partition. The completed package must conform to Packing Group III requirements.
(2) Electrolyte, acid, or alkaline corrosive battery fluid included with electric storage batteries and filling kits may be packed in strong rigid outer packagings when shipments are made by, for, or to the Departments of the
(3) In 4G fiberboard boxes with not more than 12 inside packagings of polyethylene or other material resistant to the lading, each not over 2.0 L (0.5 gallon) capacity each. Completed packages must conform to Packing Group III requirements. Inner packagings must be adequately separated from the storage battery. The maximum authorized gross weight is 29 kg (64 pounds). These packages are not authorized for transportation by aircraft.
(h) Dry batteries or battery charger devices may be packaged in 4G fiberboard boxes with inner receptacles containing battery fluid. Completed packagings must conform to Packing Group III requirements. Not more than 12 inner receptacles may be packed in one outer box. The maximum authorized gross weight is 34 kg (75 pounds).
(i) When approved by the Associate Administrator, electric storage batteries, containing electrolyte or corrosive battery fluid in a separate reservoir from which fluid is injected into the battery cells by a power device cartridge assembled with the battery, and which meet the criteria of paragraph (f) are not subject to any other requirements of this subchapter.
(a) Exceptions for hazardous materials shipments in the following paragraphs are permitted only if this section is referenced for the specific hazardous material in the § 172.101 table or in a packaging section in this part.
(b) Non-spillable batteries offered for transportation or transported in accordance with this section are subject to the incident reporting requirements. For transportation by aircraft, a telephone report in accordance with § 171.15(a) is required if a fire, violent rupture, explosion or dangerous evolution of heat (
(c) Non-spillable batteries are excepted from the packaging requirements of § 173.159 under the following conditions:
(1) Non-spillable batteries must be securely packed in strong outer packagings and meet the requirements of § 173.159(a). A non-spillable battery which is an integral part of and necessary for the operation of mechanical or electronic equipment must be securely fastened in the battery holder on the equipment;
(2) The battery and outer packaging must be plainly and durably marked “NON-SPILLABLE” or “NON-SPILLABLE BATTERY.” The requirement to mark the outer package does not apply when the battery is installed in a piece of equipment that is transported unpackaged.
(d) Non-spillable batteries are excepted from all other requirements of this subchapter when offered for transportation and transported in accordance with paragraph (c) of this section and the following:
(1) At a temperature of 55 °C (131 °F), the battery must not contain any unabsorbed free-flowing liquid, and must be designed so that electrolyte will not flow from a ruptured or cracked case; and
(2) For transport by aircraft, when contained in a battery-powered device, equipment or vehicle must be prepared and packaged for transport in a manner to prevent unintentional activation in conformance with § 173.159(b)(2) of this Subpart.
Bombs, smoke, non-explosive may be shipped provided they are without ignition elements, bursting charges, detonating fuses or other explosive components. They must be packaged in wooden (4C1, 4C2), plywood (4D) or reconstituted wood (4F) boxes, or plywood drums (1D), which meet Packing Group II requirements.
(a)
(b)
(2) The packing group assigned to the chemical kit and first aid kit as a whole must be the most stringent packing group assigned to any individual substance in the kit and must be shown on the shipping paper, if applicable, in accordance with subpart C of Part 172 of this subchapter.
(c)
(1) Except for liquids of Division 5.2 (organic peroxide), inner packagings containing not more than 250 mL. Except for transportation by aircraft, for Division 5.2 (organic peroxide) liquids of Type B and C, inner packagings containing not more than 25 mL and for Division 5.2 (organic peroxide) liquids of Type D, E and F, inner packagings containing not more than 125 mL. For transportation by aircraft, for Division 5.2 (organic peroxide) liquids of Type D, E and F (only), inner packagings containing not more than 125 mL;
(2) Except for solids of Division 5.2 (organic peroxide) of Type B and C, inner packagings containing not more than 250 g. Except for transportation by aircraft, for a Division 5.2 (organic peroxide) solid of Type B and C, inner packagings containing not more than 100 g. For transportation by aircraft, for a Division 5.2 (organic peroxide) solid of Type D, E and F (only), inner packagings containing not more than 250 g;
(3) No more than 10 L or 10 kg of hazardous material may be contained in one outer package (excluding dry ice). For transportation by aircraft, no more than 1 L or 1 kg of hazardous material may be contained in one kit (excluding dry ice);
(4) Each package must conform to the packaging requirements of subpart B of this part and may not exceed 30 kg (66 pounds) gross weight;
(5) Except for Carbon dioxide, solid (Dry ice), UN1845, no other hazardous materials may be packed within the same outer packaging as the kits. Dry ice must be packaged in accordance with § 173.217 of this subchapter;
(6) The kits must include sufficient absorbent material to completely absorb the contents of any liquid hazardous materials contained in the kits. The contents must be separated, placed, or packed, and closed with cushioning material to protect them from damage; and
(7) The contents of the kits must be packed so there will be no possibility of the mixture of contents causing dangerous evolution of heat or gas.
(d)
(ii) A package conforming to the provisions of this section is not subject to the shipping paper requirements of subpart C of part 172 of this subchapter, unless the material meets the definition of a hazardous substance, hazardous waste, marine pollutant, or is offered for transportation and transported by aircraft or vessel. Chemical kits and First aid kits conforming to this section may be marked as a limited quantity as prescribed in § 172.315 of this subchapter and, if applicable, are eligible for the exceptions provided in § 173.156 of this part. Additionally, chemical and first aid kits conforming to this section are not subject to part 174 (carriage by rail) or part 177 (carriage by highway) of this subchapter when marked in accordance with § 172.315 of this subchapter.
(2) Consumer commodities. Until December 31, 2013, a limited quantity package containing a “consumer commodity” as defined in § 171.8 of this subchapter may be renamed “Consumer commodity” and reclassed as ORM-D or, until December 31, 2012, ORM-D-AIR material and offered for transportation and transported in accordance with the applicable provisions of this subchapter in effect on October 1, 2010.
(3) Kits that are carried on board transport vehicles for first aid or operating purposes are not subject to the requirements of this subchapter.
(a) Except when packaged in cylinders or steel flasks, gallium must be packaged in packagings which meet the requirements of part 178 of this subchapter at the Packing Group I performance level for transportation by aircraft, and at the Packing Group III performance level for transport by highway, rail or vessel, as follows:
(1) In combination packagings intended to contain liquids consisting of glass, earthenware or rigid plastic inner packagings with a maximum net mass of 15 kg (33 pounds) each. The inner packagings must be packed in wood boxes (4C1, 4C2, 4D, 4F), fiberboard boxes (4G), plastic boxes (4H1, 4H2), fiber drums (1G) or removable head steel and plastic drums or jerricans (1A2, 1H2, 3A2 or 3H2) with sufficient cushioning materials to prevent breakage. Either the inner packagings or the outer packagings must have an inner liner that is leakproof or bags of strong leakproof and puncture-resistant material impervious to the contents and completely surrounding the contents to prevent it from escaping from the package, irrespective of its position.
(2) In packagings intended to contain liquids consisting of semi-rigid plastic inner packagings of not more than 2.5 kg (5.5 pounds) net capacity each, individually enclosed in a sealed, leak-tight bag of strong puncture-resistant material. The sealed bags must be packed in wooden (4C1, 4C2), plywood (4D), reconstituted wood (4F), fiberboard (4G) or plastic (4H1, 4H2) boxes or in fiber (1G) or steel (1A2) drums, which are lined with leak-tight, puncture-resistant material. Bags and liner material must be chemically resistant to gallium.
(3) Cylinders and steel flasks with vaulted bottoms are also authorized.
(b) When it is necessary to transport gallium at low temperatures in order to maintain it in a completely solid state, the above packagings may be overpacked in a strong, water-resistant outer packaging which contains dry ice or other means of refrigeration. If a refrigerant is used, all of the above materials used in the packaging of gallium must be chemically and physically resistant to the refrigerant and must have impact resistance at the low temperatures of the refrigerant employed. If dry ice is used, the outer packaging must permit the release of carbon dioxide gas.
(c) Manufactured articles or apparatuses, each containing not more than 100 mg (0.0035 ounce) of gallium and packaged so that the quantity of gallium per package does not exceed 1
(a) Hydrogen fluoride (hydrofluoric acid, anhydrous) must be packaged as follows:
(1) In specification 3, 3A, 3AA, 3B, 3BN, or 3E cylinders; or in specification 4B, 4BA, or 4BW cylinders except that brazed 4B, 4BA, and 4BW cylinders are not authorized. The filling density may not exceed 85 percent of the cylinder's water weight capacity. In place of the periodic volumetric expansion test, cylinders used in exclusive service may be given a complete external visual inspection in conformance with part 180, subpart C, of this subchapter, at the time such requalification becomes due.
(2) In a UN cylinder, as specified in part 178 of this subchapter, having a minimum test pressure of 10 bar and a maximum filling ratio of 0.84.
(b) A cylinder removed from hydrogen fluoride service must be condemned in accordance with § 180.205 of this subchapter. Alternatively, at the direction of the owner, the requalifier may render the cylinder incapable of holding pressure.
(a) For transportation by aircraft, mercury must be packaged in packagings which meet the requirements of part 178 of this subchapter at the Packing Group I performance level, as follows:
(1) In inner packagings of earthenware, glass or plastic containing not more than 3.5 kg (7.7 pounds) of mercury, or inner packagings which are glass ampoules containing not more than 0.5 kg (1.1 pounds) of mercury, or iron or steel quicksilver flasks containing not more than 35 kg (77 pounds) of mercury. The inner packagings or flasks must be packed in steel drums (1A2), steel jerricans (3A2), wooden boxes (4C1), (4C2), plywood boxes (4D), reconstituted wood boxes (4F), fiberboard boxes (4G), plastic boxes (4H2), plywood drums (1D) or fiber drums (1G).
(2) [Reserved]
(3) When inner packagings of earthenware, glass or plastic are used, they must be packed in the outer packaging with sufficient cushioning material to prevent breakage.
(4) Either the inner packagings or the outer packagings must have inner linings or bags of strong leakproof and puncture-resistant material impervious to mercury, completely surrounding the contents, so that the escape of mercury will be prevented irrespective of the position of the package.
(b) Manufactured articles or apparatuses, each containing not more than 100 mg (0.0035 ounce) of mercury and packaged so that the quantity of mercury per package does not exceed 1 g (0.035 ounce) are not subject to the requirements of this subchapter.
(c) Manufactured articles or apparatuses containing mercury are excepted from the specification packaging requirements of this subchapter when packaged as follows:
(1) Manufactured articles or apparatuses of which metallic mercury is a component part, such as manometers, pumps, thermometers, switches, etc. (for electron tubes, mercury vapor tubes and similar tubes, see paragraph (c)(3) of this section), must be in strong outer packagings, having sealed inner liners or bags of strong leakproof and puncture-resistant material impervious to mercury, which will prevent the escape of mercury from the package irrespective of its position. Mercury switches and relays are excepted from these packaging requirements, if they are totally enclosed, leakproof and in sealed metal or plastic units.
(2) Thermometers, switches and relays, each containing a total quantity of not more than 15 g (0.53 ounces) of mercury, are excepted from the requirements of this subchapter if installed as an integral part of a machine or apparatus and so fitted that shock of impact damage, leading to leakage of mercury, is unlikely to occur under conditions normally incident to transport.
(3) Electron tubes, mercury vapor tubes and similar tubes must be packaged as follows:
(i) Tubes which are packed in strong outer packagings with all seams and joints sealed with self-adhesive, pressure-sensitive tape which will prevent the escape of mercury from the package, are authorized up to a total net quantity of 450 g (15.9 ounces) of mercury per package;
(ii) Tubes with more than 450 g (15.9 ounces) of mercury are authorized only when packed in strong outer packagings, having sealed inner liners or bags of strong leakproof and puncture-resistant material impervious to mercury which will prevent escape of mercury from the package irrespective of its position;
(iii) Tubes which do not contain more than 5 g (0.2 ounce) of mercury each and which are packed in the manufacturer's original packagings, are authorized up to a total net quantity of 30 g (1.1 ounces) of mercury per package;
(iv) Tubes which are completely jacketed in sealed leakproof metal cases are authorized in the manufacturer's original packagings.
(4) A person offering for transportation electron tubes, mercury vapor tubes, and similar tubes shall indicate the quantity of mercury therein on the shipping paper.
(5) Mercurial barometers conforming to paragraph (c)(1) of this section, which are loaded and unloaded from an aircraft under the supervision of, and accompanied in flight by, a National Weather Service official or similar United States agency official, are excepted from any other requirements of this subchapter.
(d) For transportation by other than aircraft, mercury must be packaged—
(1) In any packaging which meets the requirements of part 178 of this subchapter at the Packing Group III performance level; or
(2) In non-specification reusable metal packagings.
(e) Except for a hazardous substance or a hazardous waste or for transportation by aircraft or vessel, packages containing less than 0.45 kg (1.0 pound) net weight of mercury are not subject to the requirements of this subchapter.
(a) Except for transportation by aircraft, polyester resin kits consisting of a base material component (Class 3, Packing Group II or III) and an activator component (Type D, E, or F organic peroxide which does not require temperature control)—
(1) The organic peroxide component must be packed in inner packagings not over 125 mL (4.22 ounces) net capacity each for liquids or 500 g (17.64 ounces) net capacity each for solids;
(2) The flammable liquid component must be packed in inner packagings not over 5 L (1.3 gallons) net capacity each for Packing Group II or III liquid; and
(3) The flammable liquid component and the organic peroxide component may be packed in the same strong outer packaging provided they will not interact dangerously in the event of leakage.
(b) For transportation by aircraft, polyester resin kits consisting of a base material component (Class 3, Packing Group II or III) and an activator component (Type D, E, or F organic peroxide which does not require temperature control)—
(1) The organic peroxide component is limited to a quantity of 125 mL (4.22 ounces) per inner packaging if liquid, and 500 g (1 pound) if solid. The base material is limited to a quantity of 5 L (1.3 gallons) in metal or plastic inner packagings and 1 L (0.3 gallons) in glass inner packagings;
(2) The components may be placed in the same outer packaging provided they will not interact dangerously in the event of leakage;
(3) Packing group will be II or III, according to the criteria for Class 3, applied to the base material. Additionally, unless otherwise excepted in this subchapter, polyester resin kits must
(4) Closures must be secured by secondary means;
(5) Inner packagings intended to contain liquids must be capable of meeting the pressure differential requirements prescribed in § 173.27(c) of this part; and
(6) Except as provided in paragraph (b) of this section, exceptions for polyester resin kits intended for transportation by aircraft are provided in §§ 173.4a (excepted quantities) and 173.27(f) (limited quantities) of this part.
(c) Consumer commodities. Until December 31, 2013, a limited quantity package containing a “consumer commodity” as defined in § 171.8 of this subchapter may be renamed “Consumer commodity” and reclassed as ORM-D or, until December 31, 2012, ORM-D-AIR material and offered for transportation and transported in accordance with the applicable provisions of this subchapter in effect on October 1, 2010.
(a)
(b)
(1) The manufacturer has submitted each design type air bag inflator, air bag module, or seat-belt pretensioner to a person approved by the Associate Administrator, in accordance with § 173.56(b), for examination and testing. The submission must contain a detailed description of the inflator or pretensioner or, if more than a single inflator or pretensioner is involved, the maximum parameters of each particular inflator or pretensioner design type for which approval is sought and details on the complete package. The manufacturer must submit an application, including the test results and report recommending the shipping description and classification for each device or design type to the Associate Administrator, and must receive written notification from the Associate Administrator that the device has been approved for transportation and assigned an EX number; or,
(2) The manufacturer has submitted an application, including a classification issued by the competent authority of a foreign government to the Associate Administrator, and received written notification from the Associate Administrator that the device has been approved for transportation and assigned an EX number.
(c)
(d)
(2) An air bag module containing an inflator that has been previously approved for transportation is not required to be submitted for further examination or approval.
(3) An air bag module containing an inflator that has previously been approved as a Division 2.2 material is not required to be submitted for further examination to be reclassed as a Class 9 material.
(4)
(e)
(1) 1A2, 1B2, 1G or 1H2 drums.
(2) 3A2 or 3H2 jerricans.
(3) 4C1, 4C2, 4D, 4F, 4G or 4H2 boxes.
(4) Reusable high strength plastic or metal containers or dedicated handling devices are authorized for shipment of air bag inflators, air bag modules, and seat-belt pretensioners from a manufacturing facility to the assembly facility, subject to the following conditions:
(i) The gross weight of the container or handling device may not exceed 1000 kg (2205 pounds). The container or handling device structure must provide adequate support to allow them to be stacked at least three high with no damage to the containers or devices.
(ii) If not completely enclosed by design, the container or handling device must be covered with plastic, fiberboard, or metal. The covering must be secured to the container by banding or other comparable methods.
(iii) Internal dunnage must be sufficient to prevent shifting of the devices within the container.
(5) Packagings specified in the approval document issued by the Associate Administrator in accordance with paragraph (e) of this section are also authorized.
(f)
(a) Effective January 1, 2013, a “consumer commodity” (
(1) Non-toxic aerosols, as defined in § 171.8 of this subchapter and constructed in accordance with § 173.306 of this part, in non-refillable, non-metal containers not exceeding 120 mL (4 fluid ounces) each, or in non-refillable metal containers not exceeding 820 mL
(2) Liquids, in inner packagings not exceeding 500 mL (16.9 ounces) each; or
(3) Solids, in inner packagings not exceeding 500 g (1.0 pounds) each; or
(4) Any combination thereof.
(b) Inner packagings are to be placed in an outer packaging not to exceed 30 kg (66 pounds) gross weight as prepared for shipment.
An oxygen generator, chemical (defined in § 171.8 of this subchapter) may be transported only under the following conditions:
(a)
(b)
(c)
(1) A chemical oxygen generator that is not installed in protective breathing equipment (PBE):
(i) Mechanically actuated devices:
(A) Two pins, installed so that each is independently capable of preventing the actuator from striking the primer;
(B) One pin and one retaining ring, each installed so that each is independently capable of preventing the actuator from striking the primer; or
(C) A cover securely installed over the primer and a pin installed so as to prevent the actuator from striking the primer and cover.
(ii) Electrically actuated devices: The electrical leads must be mechanically shorted and the mechanical short must be shielded in metal foil.
(iii) Devices with a primer but no actuator: A chemical oxygen generator that has a primer but no actuating mechanism must have a protective cover over the primer to prevent actuation from external impact.
(2) A chemical oxygen generator installed in a PBE must contain a pin installed so as to prevent the actuator from striking the primer, and be placed in a protective bag, pouch, case or cover such that the protective breathing equipment is fully enclosed in such a manner that the protective bag, pouch, case or cover prevents unintentional actuation of the oxygen generator.
(d)
(1) Conforms to the requirements of either:
(i) Part 178, subparts L and M, of this subchapter at the Packing Group I or II performance level; or
(ii) The performance criteria in Air Transport Association (ATA) Specification No. 300 for a Category I Shipping Container.
(2) With its contents, is capable of meeting the following additional requirements when transported by cargo-only aircraft:
(i) The Flame Penetration Resistance Test specified in Appendix E to part 178 of this subchapter.
(ii) The Thermal Resistance Test specified in Appendix D to part 178 of this subchapter.
(e)
(f)
(2) A chemical oxygen generator is forbidden for transportation by both passenger-carrying and cargo-only aircraft after:
(i) The manufacturer's expiration date; or
(ii) The contents of the generator have been expended.
Black powder for small arms that has been classed in Division 1.1 may be reclassed as a Division 4.1 material, for domestic transportation by motor vehicle, rail freight, and cargo vessel only, subject to the following conditions:
(a) The powder must be examined and approved for Division 1.1 and Division 4.1 classification in accordance with §§ 173.56 and 173.58;
(b) The total quantity of black powder in one motor vehicle, rail car, or freight container may not exceed 45.4 kg (100 pounds) net mass, and no more than four freight containers may be on board one cargo vessel;
(c) The black powder must be packed in inner metal or heavy wall conductive plastic receptacles not over 454 g (16 ounces) net capacity each, with no more than 25 cans in one outer UN 4G fiberboard box. The inner packagings must be arranged and protected so as to prevent simultaneous ignition of the contents. The complete package must be of the same type which has been examined as required in § 173.56;
(d) Each completed package must be marked “BLACK POWDER FOR SMALL ARMS” and “NA 0027”; and
(e) Each package must bear the FLAMMABLE SOLID label.
Smokeless powder for small arms which has been classed in Division 1.3 may be reclassed in Division 4.1, for domestic transportation by motor vehicle, rail car, vessel, or cargo-only aircraft, subject to the following conditions:
(a) The powder must be examined and approved for a Division 1.3 and Division 4.1 classification in accordance with §§ 173.56 and 173.58 of this part.
(b) The total quantity of smokeless powder may not exceed 45.4 kg (100 pounds) net mass in:
(1) One rail car, motor vehicle, or cargo-only aircraft; or
(2) One freight container on a vessel, not to exceed four freight containers per vessel.
(c) Only combination packagings with inner packagings not exceeding 3.6 kg (8 pounds) net mass are authorized. Inner packagings must be arranged and protected so as to prevent simultaneous ignition of the contents. The complete package must be of the same type which has been examined as required in § 173.56 of this part.
(d) Inside packages that have been examined and approved by the Associate Administrator may be packaged in UN 4G fiberboard boxes meeting the Packing Group I performance level, provided all inside containers are packed to prevent shifting and the net weight of smokeless powder in any one box does not exceed 7.3 kg (16 pounds).
Aircraft hydraulic power unit fuel tanks containing a mixture of anhydrous hydrazine and monomethyl hydrazine (M86 fuel) and designed for installation as complete units in aircraft are excepted from the specification packaging requirements of this subchapter when they conform to either of the following conditions:
(a) The unit must consist of an aluminum pressure vessel made from tubing and having welded heads. Primary containment of the fuel within this vessel must consist of a welded aluminum bladder having a maximum internal volume of 46 L (12 gallons). The outer vessel must have a minimum design gauge pressure of 1,275 kPa (185 psig) and a minimum burst gauge pressure of 2,755 kPa (400 psig). Each vessel must be leak-checked during manufacture and before shipment and must be
(b) The unit must consist of an aluminum pressure vessel. Primary containment of the fuel within this vessel must consist of a welded hermetically sealed fuel compartment with an elastomeric bladder having a maximum internal volume of 46 L (12 gallons). The pressure vessel must have a minimum design gauge pressure of 5,170 kPa (750 psig). Each vessel must be leak-checked during manufacture and before shipment and must be securely packed in non-combustible cushioning material, such as vermiculite, in a strong outer tightly closed metal packaging which will adequately protect all fittings. Maximum quantity of fuel per unit and package is 42 L (11 gallons).
(a) When the § 172.101 table specifies that a hazardous material be packaged under this section, the following requirements apply. Except as otherwise provided in this part, the description “Paint” is the proper shipping name for paint, lacquer, enamel, stain, shellac, varnish, liquid aluminum, liquid bronze, liquid gold, liquid wood filler, and liquid lacquer base. The description “Paint-related material” is the proper shipping name for a paint thinning, drying, reducing or removing compound. However, if a more specific description is listed in the § 172.101 table of this subchapter, that description must be used.
(b) Paint, paint-related material, adhesives, ink and resins must be packaged as follows:
(1) As prescribed in § 173.202 of this part if it is a Packing Group II material or § 173.203 of this part if it is a Packing Group III material; or
(2) In inner glass packagings of not over 1 L (0.3 gallon) capacity each or inner metal packagings of not over 5 L (1 gallon) each, packed in a strong outer packaging. Packages must conform to the packaging requirements of subpart B of this part but need not conform to the requirements of part 178 of this subchapter.
A refrigerating machine assembled for shipment and containing 7 kg (15 pounds) or less of a flammable liquid for its operation in a strong, tight receptacle is excepted from labeling (except when offered for transportation or transported by air) and the specification packaging requirements of this subchapter. In addition. shipments are not subject to subpart F of part 172 of this subchapter (Placarding), to part 174 of this subchapter (Carriage by rail) except § 174.24 (Shipping papers) and to part 177 (Carriage by highway) of this subchapter except § 177.817 (Shipping papers).
Permeation devices that contain hazardous materials and that are used for calibrating air quality monitoring devices are not subject to the requirements of this subchapter provided the following requirements are met:
(a) Each device must be constructed of a material compatible with the hazardous materials it contains;
(b) The total contents of hazardous materials in each device is limited to 2 ml (0.07 ounces) and the device must not be liquid full at 55 °C (131 °F);
(c) Each permeation device must be placed in a sealed, high impact resistant, tubular inner packaging of plastic or equivalent material. Sufficient absorbent material must be contained in the inner packaging to completely absorb the contents of the device. The closure of the inner packaging must be securely held in place with wire, tape or other positive means;
(d) Each inner packaging must be contained in a secondary packaging constructed of metal, or plastic having a minimum thickness of 1.5 mm (0.06 inches). The secondary packaging must be hermetically sealed;
(e) The secondary packaging must be securely packed in strong outer packaging. The completed package must be capable of withstanding, without breakage or leakage of any inner packaging and without significant reduction in effectiveness:
(1) The following free drops onto a rigid, non resilient, flat and horizontal surface from a height of 1.8 m (5.9 feet):
(i) One drop flat on the bottom;
(ii) One drop flat on the top;
(iii) One drop flat on the long side;
(iv) One drop flat on the short side;
(v) One drop on a corner at the junction of three intersecting edges; and
(2) A force applied to the top surface for a duration of 24 hours, equivalent to the total weight of identical packages if stacked to a height of 3 m (10 feet) (including the test sample).
(3) Each of the above tests may be performed on different but identical packages.
(f) The gross mass of the completed package must not exceed 30 kg.
When the § 172.101 table specifies that a hazardous material be packaged under this section, only the following non-bulk packagings are authorized:
(a) Specification steel or nickel cylinders prescribed for any compressed gas except acetylene having a minimum design pressure of 1206 kPa (175 psig). Cylinders with valves must be:
(1) Equipped with steel valve protection caps or collars, unless overpacked; or
(2) Overpacked in a wooden box (4C1, 4C2, 4D or 4F); fiberboard box (4G), or plastic box (4H1 or 4H2). Cylinders must be secured to prevent shifting in the box and, when offered for transportation or transported, must be so loaded that pressure relief devices remain in the vapor space of the cylinder. (See § 177.838(h) of this subchapter.)
(b) Wooden boxes (4C1, 4C2, 4D, or 4F) or fiberboard boxes (4G) enclosing not more than four strong, tight metal cans with inner receptacles of glass or metal, not over 1 L (0.3 gallon) capacity each, having positive screwcap closures adequately gasketed. Inner packagings must be cushioned on all sides with dry, absorbent, incombustible material in a quantity sufficient to absorb the entire contents. The strong, tight metal cans must be closed by positive means, not by friction.
(c) Steel drums (1A2) or fiber drums (1G) not exceeding 220 L (58 gallons) capacity each with strong tight inner metal cans not over 4.0 L (1 gallon) capacity each, closed by positive means, not friction.
(1) Inner packagings must have no opening exceeding 25 mm (1 inch) diameter and must be surrounded with noncombustible cushioning material.
(2) Net quantity of pyrophoric liquids may not exceed two-thirds of the rated capacity of the outer drum. For example, a 220 L (58 gallons) outer drum may contain no more than 147 L (39 gallons) of pyrophoric liquids.
(3) Each layer of inner containers must be separated by a metal plate separator in addition to cushioning material.
Barium azide—50 percent or more water wet, must be packed in wooden boxes (4C1, 4C2, 4D, or 4F) or fiber drums (1G) with inner glass packagings not over 0.5 kg (1.1 pounds) capacity each. Packagings must have rubber stoppers wire tied for securement. If transportation is to take place when and where freezing weather is possible, a suitable antifreeze solution must be used to prevent freezing. Each packaging must conform to the requirements of part 178 of this subchapter at the Packing Group I performance level.
Films, nitrocellulose base, must be packaged in packagings conforming to the requirements of part 178 of this subchapter at the Packing Group III performance level, as follows:
(a) In steel drums (1A2), aluminum drums (1B2), steel jerricans (3A2), wooden (4C1, 4C2), plywood (4D) or reconstituted wood (4F) boxes or plywood drums (1D) with each reel in a tightly
(b) In fiberboard (4G) boxes or fiber drums (1G) with a single tightly closed metal can, polypropylene canister, or strong cardboard or fiberboard inner packaging with cover held in place by adhesive tape or paper; authorized only for not over 600 m (1969 feet) of film.
(a) A fusee is a device designed to burn at a controlled rate and to produce visual effects for signaling purposes. The composition of the fusee must be such that the fusee will not ignite spontaneously or undergo marked decomposition when subjected to a temperature of 75 °C (167 °F) for 48 consecutive hours.
(b) Fusees (highway and railway) must be packaged in steel drums (1A2), steel jerricans (3A2), wooden (4C1, 4C2), plywood (4D) or reconstituted wood (4F) boxes or in fiberboard boxes (4G), plywood (1D) or fiber (1G) drums. If the fusees are equipped with spikes packagings must have reinforced ends to prevent penetration of spikes through the outer packagings; packages must be capable of passing drop test requirements (§ 178.603 of this subchapter), including at least one drop with spike in a downward position, and other requirements of part 178 of this subchapter, at the Packing Group II performance level.
(a)
(1) Be of a type proven to meet the requirements of each test in the UN Manual of Tests and Criteria (IBR; see § 171.7 of this subchapter). A cell or battery and equipment containing a cell or battery that was first transported prior to January 1, 2006 and is of a type proven to meet the criteria of Class 9 by testing in accordance with the tests in the UN Manual of Tests and Criteria, Third Revised Edition, 1999, need not be retested.
(2) Incorporate a safety venting device or otherwise be designed in a manner that will preclude a violent rupture under conditions normally incident to transportation.
(3) Be equipped with an effective means to prevent dangerous reverse current flow (e.g., diodes, fuses, etc.) if a battery contains cells or series of cells that are connected in parallel.
(4) Be packaged in combination packagings conforming to the requirements of part 178, subparts L and M, of this subchapter at the Packing Group II performance level. The lithium battery or cell must be packed in inner packagings in such a manner as to prevent short circuits, including movement which could lead to short circuits. The inner packaging must be packed within one of the following outer packagings: metal boxes (4A or 4B); wooden boxes (4C1, 4C2, 4D, or 4F); fiberboard boxes (4G); solid plastic boxes (4H2); fiber drums (1G); metal drums (1A2 or 1B2); plywood drums (1D); plastic jerricans (3H2); or metal jerricans (3A2 or 3B2).
(5) Be equipped with an effective means of preventing external short circuits.
(6) Except as provided in paragraph (d) of this section, cells and batteries with a liquid cathode containing sulfur dioxide, sulfuryl chloride or thionyl chloride may not be offered for transportation or transported if any cell has been discharged to the extent that the open circuit voltage is less than two volts or is less than 2/3 of the voltage of the fully charged cell, whichever is less.
(b)
(c)
(d)
(e)
(f) A lithium cell or battery that does not comply with the provisions of this subchapter may be transported only under conditions approved by the Associate Administrator.
(g) Batteries employing a strong, impact-resistant outer casing and exceeding a gross weight of 12 kg (26.5 lbs.), and assemblies of such batteries, may be packed in strong outer packagings, in protective enclosures (for example, in fully enclosed wooden slatted crates) or on pallets. Batteries must be secured to prevent inadvertent movement, and the terminals may not support the weight of other superimposed elements. Batteries packaged in this manner are not permitted for transportation by passenger aircraft, and may be transported by cargo aircraft only if approved by the Associate Administrator prior to transportation.
(a) Matches must be of a type which will not ignite spontaneously or undergo marked decomposition when subjected for 8 consecutive hours to a temperature of 93 °C (200 °F).
(b)
(2)
(3)
(4)
(c) Safety matches and wax “Vesta” matches must be tightly packed in securely closed inner packagings to prevent accidental ignition under conditions normally incident to transportation, and further packed in outer fiberboard, wooden, or other equivalent-type packagings. These matches in outer packagings not exceeding 23 kg (50 pounds) gross weight are not subject to any other requirement (except marking) of this subchapter. These matches may be packed in the same outer packaging with materials not subject to this subchapter.
(d) Strike-anywhere matches may not be packed in the same outer packaging with any material other than safety matches or wax “Vesta” matches, which must be packed in separate inner packagings.
(e) Packagings. Strike-anywhere matches must be tightly packed in securely closed chipboard, fiberboard, wooden, or metal inner packagings to prevent accidental ignition under conditions normally incident to transportation. Each inner packaging may contain no more than 700 strike-anywhere
Packagings for pyrophoric solids, metals, or alloys, n.o.s. must conform to the requirements of part 178 of this subchapter at the packing group performance level specified in the § 172.101 Table. These materials must be packaged as follows:
(a) In steel boxes (4A) and contain not more than 15 kg (33 pounds) each.
(b) In wooden boxes (4C1, 4C2, 4D, or 4F) with inner metal receptacles which have a positive (not friction) means of closure and contain not more than 15 kg (33 pounds) each.
(c) In fiberboard boxes (4G) with inner metal receptacles which have a positive (not friction) means of closure and contain not more than 7.5 kg (17 pounds) each.
(d) In steel drums (1A1 or 1A2) with a gross mass not exceeding 150 kg (331 pounds) per drum.
(e) In plywood drums (1D) with inner metal receptacles which have a positive (not friction) means of closure and contain not more than 15 kg (33 pounds) each.
(f) In fiber drums (1G) with inner metal receptacles which have a positive (not friction) means of closure and contain not more than 15 kg (33 pounds) each.
(g) In specification cylinders, as prescribed for any compressed gas, except for Specifications 8 and 3HT.
Phosphorus, white or yellow, when offered for transportation or transported by rail, highway, or water, must be packaged in water or dry in packagings conforming to the requirements of part 178 of this subchapter at the Packing Group I performance level, as follows:
(a) When placed in water, it must be packaged in specification packagings as follows:
(1) Wooden boxes (4C1, 4C2, 4D, or 4F) with:
(i) Inner hermetically sealed (soldered) metal cans, enclosed in other hermetically sealed (soldered) metal cans, or
(ii) Inner water-tight metal cans containing not over 0.5 kg (1 pound) of phosphorus with screw-top closures; or
(2) Steel drums (1A1) not over 250 L (66 gallons) capacity each or steel drums (1A2) not over 115 L (30 gallons) capacity each.
(b) When dry, it must be cast solid and shipped in packagings as follows:
(1) Steel drums (1A2) not over 115 L (30 gallons) capacity each, or
(2) In projectiles or bombs when shipped by, for, or to the Departments of the Army, Navy, or Air Force of the United States Government, without bursting elements.
(a) Batteries and cells may not contain any hazardous material other than sodium, sulfur or sodium compounds (
(b) Cells must consist of hermetically sealed metal casings which fully enclose the hazardous materials and which are so constructed and closed as to prevent the release of the hazardous materials under normal conditions of transport. Cells must be placed in suitable outer packagings with sufficient cushioning material to prevent contact between cells and between cells and the
(c) Batteries must consist of cells secured within, and fully enclosed by a metal casing so constructed and closed as to prevent the release of the hazardous materials under normal conditions of transport. Batteries may be offered for transportation, and transported, unpacked or in protective packagings that are not subject to the requirements of part 178 of this subchapter.
(d) Batteries containing any liquid sodium may not be offered for transportation, or transported, by aircraft. Batteries containing liquid sodium may be transported by motor vehicle, rail car or vessel under the following conditions:
(1) Batteries must be equipped with an effective means of preventing external short circuits, such as by providing complete electrical insulation of battery terminals or other external electrical connectors. Battery terminals or other electrical connectors penetrating the heat insulation fitted in battery casings must be provided with thermal insulation sufficient to prevent the temperature of the exposed surfaces of such devices from exceeding 55 °C (130 °F).
(2) No battery may be offered for transportation if the temperature at any point on the external surface of the battery exceeds 55 °C (130 °F).
(3) If any external source of heating is used during transportation to maintain sodium in batteries in a molten state, means must be provided to ensure that the internal temperature of the battery does not reach or exceed 400 °C (752 °F).
(4) When loaded in a transport vehicle or freight container:
(i) Batteries must be secured so as to prevent significant shifting within the transport vehicle or freight container under conditions normally incident to transportation;
(ii) Adequate ventilation and/or separation between batteries must be provided to ensure that the temperature at any point on the external surface of the battery casing will not exceed 240 °C (464 °F) during transportation; and
(iii) No other hazardous materials, with the exception of cells containing sodium, may be loaded in the same transport vehicle or freight container. Batteries must be separated from all other freight by a distance of not less than 0.5 m (1.6 feet).
(e) Vehicles, machinery and equipment powered by sodium batteries must be consigned under the entry “Battery-powered vehicle or Battery-powered equipment.”
When § 172.101 of this subchapter specifies a toxic material must be packaged under this section, only the following cylinders are authorized:
(a) Specification 3A1800, 3AA1800, 3AL1800, 3E1800, or seamless UN cylinders with a minimum test pressure in accordance with P200 of the UN Recommendations (IBR, see § 171.7 of this subchapter).
(1) Specification 3A, 3AA, or 3AL cylinders may not exceed 57 kg (125 lb) water capacity (nominal).
(2) Specification 3AL cylinders may only be offered for transportation or transported by highway and rail.
(b) Packagings must conform to the requirements of § 173.40.
(c) For cylinders used for phosgene:
(1) The filling density may not exceed 125 percent;
(2) A cylinder may not contain more than 68 kg (150 lb) of phosgene; and
(3) Each cylinder containing phosgene must be tested for leakage before it is offered for transportation or transported and must show no leakage. The leakage test must consist of immersing the cylinder and valve, without the protective cap attached, in a bath of water at a temperature of approximately 66 °C (150 °F) for at least 30 minutes, during which time frequent
(a) Bromoacetone must be packaged as follows in wooden boxes (4C1, 4C2, 4D or 4F) with inner glass receptacles or tubes in hermetically sealed metal receptacles in corrugated fiberboard cartons. Bottles may not contain over 500 g (17.6 ounces) of liquid each and must be cushioned in cans with at least 12.7 mm (0.5 inch) of absorbent material. Total amount of liquid in the outer box must not exceed 11 kg (24 pounds). Packagings must conform to the requirements of part 178 of this subchapter at the Packing Group I performance level.
(b) Bromoacetone, methyl bromide, chloropicrin and methyl bromide mixtures, chloropicrin and methyl chloride mixtures, and chloropicrin mixtures charged with non-flammable, non-liquefied compressed gas must be packed in Specification 3A, 3AA, 3B, 3C, 3E, 4A, 4B, 4BA, 4BW, or 4C cylinders having not over 113 kg (250 pounds) water capacity (nominal). This capacity does not apply to shipments of methyl bromide.
(c) Methyl bromide mixtures containing up to 2% chloropicrin must be packaged in 4G fiberboard boxes with inside metal cans containing not over one pound each, or inside metal cans with a minimum wall thickness of 0.007 inch containing not over 1
(d) Cylinders, except those containing methyl bromide, must conform to § 173.40 of this part.
Gas identification sets containing poisonous material must be packaged in packagings conforming to the requirements of part 178 of this subchapter at the Packing Group I performance level, as follows:
(a) In glass inner receptacles, hermetically sealed, of not over 40 mL (1.4 fluid ounces) each. Each glass inner receptacle must in turn be placed in a sealed fiberboard receptacle, cushioned with absorbent material. Not more than 12 fiberboard receptacles must in turn be placed in a 4G fiberboard box. No more than four boxes, well-cushioned, may in turn be placed in a steel cylinder. The cylinder must have a wall thickness of at least 3.7 mm (0.146 inch) and must have a hermetically sealed steel closure.
(b) When the poisonous material is absorbed in a medium such as activated charcoal or silical gel, gas identification sets may be shipped as follows:
(1) If the poisonous material does not exceed 5 mL (0.2 fluid ounce) if a liquid or 5 g (0.2 ounce) if a solid, it may be packed in glass inner receptacles of not over 120 mL (4.1 fluid ounces) each. Each glass receptacle, cushioned with absorbent material must be packed in a hermetically sealed metal can of not less than 0.30 mm (0.012 inch) wall thickness. Metal cans, surrounded on all sides by at least 25 mm (1 inch) of dry sawdust, must be packed in 4C1, 4C2, 4D or 4F wooden boxes. Not more than 100 mL (3.4 fluid ounces) or 100 g (3.5 ounces) of poisonous materials may be packed in one outer wooden box.
(2) If the poisonous material does not exceed 5 mL (0.2 fluid ounce) if a liquid or 20 g (0.7 ounce) if a solid, it may be packed in glass inner receptacles with
(a) Hydrogen cyanide, anhydrous, stabilized, must be packed in specification cylinders or UN pressure receptacles as follows:
(1) As prescribed in § 173.192;
(2) Specification 3A480, 3A480X, 3AA480, or 3A1800 metal cylinders of not over 126 kg (278 pounds) water capacity (nominal);
(3) Shipments in 3AL cylinders are authorized only when transported by highway and rail; or
(4) UN cylinders, as specified in part 178, with a minimum test pressure of 100 bar and a maximum filling ratio of 0.55. The use of UN tubes and MEGCs is not authorized.
(b) Cylinders may not be charged with more than 0.27 kg (0.6 pound) of liquid per 0.45 kg (1 pound) water capacity of cylinder. Each filled cylinder must be tested for leakage before being offered for transportation or transported and must show absolutely no leakage; this test must consist of passing a piece of Guignard's sodium picrate paper over the closure of the cylinder, without the protection cap attached, to detect any escape of hydrogen cyanide from the cylinder. Other equally efficient test methods may be used in place of sodium picrate paper.
(c) Packagings for hydrogen cyanide must conform to § 173.40.
(a)
(1) A leakproof primary receptacle.
(2) A leakproof secondary packaging. If multiple fragile primary receptacles are placed in a single secondary packaging, they must be either wrapped individually or separated to prevent contact between them.
(3) A rigid outer packaging of adequate strength for its capacity, mass and intended use. The outer packaging must measure not less than 100 mm (3.9 inches) at its smallest overall external dimension.
(4) For a liquid infectious substance, an absorbent material placed between the primary receptacle and the secondary packaging. The absorbent material must be sufficient to absorb the entire contents of all primary receptacles.
(5) An itemized list of contents enclosed between the secondary packaging and the outer packaging.
(6) The primary receptacle or secondary packaging used for infectious substances must be capable of withstanding, without leakage, an internal pressure producing a pressure differential of not less than 95 kPa (0.95 bar, 14 psi).
(7) The primary receptacle or secondary packaging used for infectious substances must be capable of withstanding without leakage temperatures in the range of −40 °C to +55 °C (−40 °F to +131 °F).
(b)
(1)
(2)
(3)
(c) Live animals may not be used to transport infectious substances unless such substances cannot be sent by any other means. An animal containing or contaminated with an infectious substance must be transported under terms and conditions approved by the Associate Administrator for Hazardous Materials Safety.
(d) Body parts, organs or whole bodies meeting the definition of Division 6.2 material must be packaged as follows:
(1) In Division 6.2 packaging, as specified in paragraphs (a) and (b) of this section; or
(2) In packaging meeting the requirements of § 173.197.
(a)
(b)
(c)
(c)
(1)
(i) Metal: 50A, 50B, or 50N.
(ii) Rigid plastic: 50H.
(2)
(d)
(1)
(i) Regulated medical waste in each Cart or BOP must be contained in non-bulk inner packagings conforming to paragraph (e) of this section.
(ii) Each Cart or BOP must have smooth, non-porous interior surfaces free of cracks, crevices, and other defects that could damage plastic film inner packagings or impede disinfection operations.
(iii) Except as otherwise provided in this paragraph (d), each Cart or BOP must be used exclusively for the transportation of regulated medical waste. Prior to reuse, each Cart or BOP must be disinfected by any means effective for neutralizing the infectious substance the packaging previously contained.
(iv) Untreated concentrated stock cultures of infectious substances containing Category A materials may not be transported in a Cart or BOP.
(v) Division 6.1 toxic waste or Class 7 radioactive waste, with the exception of chemotherapeutic waste, may not be transported in a Cart or BOP.
(vi) Division 6.1 or Class 7 chemotherapeutic waste; untreated concentrated stock cultures of infectious substances containing Category B infectious substances; unabsorbed liquids; and sharps containers may be transported in a Cart or BOP only if packaged in rigid non-bulk packagings conforming to paragraph (a) of this section.
(2)
(i) Each Cart must consist of a solid, one-piece body with a nominal volume not exceeding 1,655 L (437 gallons).
(ii) Each Cart must be constructed of metal, rigid plastic, or fiberglass fitted with a lid to prevent leakage during transport.
(iii) Each Cart must be capable of meeting the requirements of § 178.810 (drop test) at the Packing Group II performance level.
(iv) Inner packagings must be placed into a Cart and restrained in such a manner as to minimize the risk of breakage.
(3)
(i) Each BOP must be constructed of metal or fiberglass and have a capacity
(ii) Each BOP must have bottom and side joints of fully welded or seamless construction and a rigid, weatherproof top to prevent the intrusion of water (
(iii) Each opening in a BOP must be fitted with a closure to prevent the intrusion of water or the release of any liquid during all loading, unloading, and transportation operations.
(iv) In the upright position, each BOP must be leakproof and able to contain a liquid quantity of at least 300 liters (79.2 gallons) with closures open.
(v) Inner packagings must be placed in a BOP in such a manner as to minimize the risk of breakage. Rigid inner packagings may not be placed in the same BOP with plastic film bag inner packagings unless separated from each other by rigid barriers or dividers to prevent damage to the packagings caused by load shifting during normal conditions of transportation.
(vi) Division 6.1 or Class 7 chemotherapeutic waste, untreated concentrated stock cultures of infectious substances containing Category B infectious substances, unabsorbed liquids, and sharps may be transported in a BOP only if separated and secured as required in paragraph (d)(3)(v) of this section.
(e)
(1)
(i) The film bag may not exceed a volume of 175 L (46 gallons). The film bag must be marked and certified by its manufacturer as having passed the tests prescribed for tear resistance in ASTM D 1922, “Standard Test Method for Propagation Tear Resistance of Plastic Film and Thin Sheeting by Pendulum Method” (IBR, § 171.7 of this subchapter) and for impact resistance in ASTM D 1709, “Standard Test Methods for Impact Resistance of Plastic Film by the Free-Falling Dart Method” (IBR, § 171.7 of this subchapter). The film bag must meet an impact resistance of 165 grams and a tearing resistance of 480 grams in both the parallel and perpendicular planes with respect to the length of the bag.
(ii) The plastic film bag must be closed with a minimum of entrapped air to prevent leakage in transportation. The bag must be capable of being held in an inverted position with the closed end at the bottom for a period of 5 minutes without leakage.
(iii) When used as an inner packaging for Carts or BOPs, a plastic film bag may not weigh more than 10 kg (22 lbs.) when filled.
(2)
(3)
(i) The sharps container is specifically approved and certified by the U.S. Food and Drug Administration as a medical device for reuse.
(ii) The sharps container must be permanently marked for reuse.
(iii) The sharps container must be disinfected prior to reuse by any means effective for the infectious substance the container previously contained.
(iv) The sharps container must have a capacity greater than 7.57 L (2 gallons) and not greater than 151.42 L (40 gallons) in volume.
(a) Nickel carbonyl must be packed in specification steel or nickel cylinders as prescribed for any compressed gas except acetylene. A cylinder used exclusively for nickel carbonyl may be given a complete external visual inspection instead of the pressure test required by § 180.205 of this subchapter. Visual inspection must be in accordance with CGA Pamphlet C-6 (IBR, see § 171.7 of this subchapter).
(b) Packagings for nickel carbonyl must conform to § 173.40.
(a)
(1) A Category B infectious substance must be packaged in a triple packaging consisting of a primary receptacle, a secondary packaging, and a rigid outer packaging.
(2) Primary receptacles must be packed in secondary packaging in such a way that, under normal conditions of transport, they cannot break, be punctured, or leak their contents into the secondary packaging.
(3) Secondary packagings must be secured in rigid outer packagings with suitable cushioning material such that any leakage of the contents will not impair the protective properties of the cushioning material or the outer packaging.
(4) The completed package must be designed, constructed, maintained, filled, its contents limited, and closed so that under conditions normally encountered in transportation, including removal from a pallet or overpack for subsequent handling, there will be no release of hazardous material into the environment. Package effectiveness must not be substantially reduced for minimum and maximum temperatures, changes in humidity and pressure, and shocks, loadings and vibrations normally encountered during transportation. The packaging must be capable of successfully passing the drop tests in §§ 178.609(d) and (h) of this subchapter at a drop height of at least 1.2 meters (3.9 feet). Following the drop tests, there must be no leakage from the primary receptacle, which must remain protected by absorbent material, when required, in the secondary packaging. At least one surface of the outer packaging must have a minimum dimension of 100 mm by 100 mm (3.9 inches).
(5) The following mark must be displayed on the outer packaging on a background of contrasting color. The width of the line must be at least 2 mm (0.08 inches) and the letters and numbers must be at least 6 mm (0.24 inches) high. The size of the mark must be such that no side of the diamond is less than 50 mm (1.97 inches) in length. The proper shipping name “Biological substances, Category B” must be marked on the outer packaging adjacent to the diamond-shaped mark in letters that are at least 6 mm (0.24 inches) high.
(6) When packages are placed in an overpack, the package markings required by this section must be either clearly visible or reproduced on the outside of the overpack.
(7) The name and telephone number of a person who is either knowledgeable about the material being shipped and has comprehensive emergency response and incident mitigation information for the material, or has immediate access to a person who possesses such knowledge and information, must be included on a written document (such as an air waybill or bill of lading) or on the outer packaging.
(8) For transportation by aircraft, each package, overpack, pallet, or unit load device containing a Category B infectious substance must be inspected for leakage when it is unloaded from the aircraft. If evidence of leakage is found, the cargo compartment in which the package, overpack, pallet, or unit load device was transported must be disinfected. Disinfection may be by any means that will make the material released ineffective at transmitting disease.
(9) A packaging containing inner packagings of Category B infectious substances may not contain other hazardous materials except—
(i) Refrigerants, such as dry ice or liquid nitrogen, as authorized under paragraph (d) of this section;
(ii) Anticoagulants used to stabilize blood or plasma; or
(iii) Small quantities of Class 3, Class 8, Class 9, or other materials in Packing Groups II and III used to stabilize or prevent degradation of the sample, provided the quantity of such materials does not exceed 30 mL (1 ounce) or 30 g (1 ounce) in each inner packaging. Such preservatives are not subject to the requirements of this subchapter.
(10) Clear instructions on filling and closing a packaging used to transport a Category B infectious substance must be provided by the packaging manufacturer and subsequent distributors to the consignor or person who prepares the package to enable the package to be correctly prepared for transport. A copy or electronic image of these instructions must be retained by the manufacturer and subsequent distributors for at least one year from the date of issuance, and made available for inspection by a Federal or state government representative upon request. Packagings must be filled and closed in accordance with the information provided by the packaging manufacturer or subsequent distributor.
(b)
(1) The primary receptacle must be leakproof.
(2) Absorbent material must be placed between the primary receptacle and secondary packaging. If several fragile primary receptacles are placed in a single secondary packaging, they must be either individually wrapped or separated to prevent contact between them. The absorbent material must be of sufficient quantity to absorb the entire contents of the primary receptacles and not compromise the integrity of the cushioning material or the outer packaging.
(3) The secondary packaging must be leakproof.
(4) For shipments by aircraft, the primary receptacle or the secondary packaging must be capable of withstanding without leakage an internal pressure producing a pressure differential of not less than 95 kPa (0.95 bar, 14 psi).
(5) For shipments by aircraft, the maximum quantity contained in each primary receptacle, including any material used to stabilize or prevent degradation of the sample, may not exceed 1 L (34 ounces), and the maximum
(c)
(1) The primary receptacle must be siftproof.
(2) If several fragile primary receptacles are placed in a single secondary packaging, they must be either individually wrapped or separated to prevent contact between them.
(3) The secondary packaging must be siftproof.
(4) If residual liquid may be present in the primary receptacle during transportation, then the material must be transported in accordance with requirements in paragraph (b) of this section. A solid material that may become liquid during transportation must be transported in accordance with paragraph (b) of this section.
(5) Except for packages containing body parts, organs, or whole bodies, for shipment by aircraft, the outer packaging may not contain more than 4 kg (8.8 pounds), including any material used to stabilize or prevent degradation of the samples. The outer packaging limitation does not include ice, dry ice, or liquid nitrogen when used to maintain the integrity of the material.
(d)
(1) Ice or dry ice must be placed outside the secondary packaging or in an overpack. Interior supports must be provided to secure the secondary packagings in the original position after the ice or dry ice has dissipated. If ice is used, the outside packaging must be leakproof or must have a leakproof liner. If dry ice is used, the outside packaging must permit the release of carbon dioxide gas and otherwise meet the provisions in § 173.217. The primary receptacle and secondary packaging must maintain their integrity at the temperature of the refrigerant used, as well as the temperatures and pressures of transport by aircraft they could be subjected to if refrigeration were lost, and sufficient absorbent material must be provided to absorb all liquid, including melted ice.
(2) The package is marked “Carbon dioxide, solid” or “Dry ice” and an indication that the material being refrigerated is used for diagnostic treatment purposes (e.g., frozen medical specimens).
(e)
(a) When § 172.101 of this subchapter specifies that a liquid hazardous material be packaged under this section, only non-bulk packagings prescribed in this section may be used for its transportation. Each packaging must conform to the general packaging requirements of subpart B of part 173, to the requirements of part 178 of this subchapter at the Packing Group I performance level, and to the requirements of the special provisions of column 7 of the § 172.101 table.
(b) The following combination packagings are authorized:
(c) Except for transportation by passenger aircraft, the following single packagings are authorized:
(a) When § 172.101 of this subchapter specifies that a liquid hazardous material be packaged under this section, only non-bulk packagings prescribed in this section may be used for its transportation. Each packaging must conform to the general packaging requirements of subpart B of part 173, to the requirements of part 178 of this subchapter at the Packing Group I or II performance level (unless otherwise excepted), and to the particular requirements of the special provisions of column 7 of the § 172.101 table.
(b) The following combination packagings are authorized:
(c) Except for transportation by passenger aircraft, the following single packagings are authorized:
(a) When § 172.101 of this subchapter specifies that a liquid hazardous material be packaged under this section, only non-bulk packagings prescribed in this section may be used for its transportation. Each packaging must conform to the general packaging requirements of subpart B of part 173, to the requirements of part 178 of this subchapter at the Packing Group I, II or III performance level, and to the requirements of the special provisions of column 7 of the § 172.101 table.
(b) The following combination packagings are authorized:
(c) The following single packagings are authorized:
When § 172.101 of this subchapter specifies that a liquid or solid hazardous material be packaged under this section, any appropriate non-bulk packaging which conforms to the general packaging requirements of subpart B of part 173 may be used for its transportation. Packagings need not conform to the requirements of part 178 of this subchapter.
When § 172.101 of this subchapter specifies that a hazardous material must be packaged under this section, the use of any specification or UN cylinder, except those specified for acetylene, is authorized. Cylinders used for toxic materials in Division 6.1 or 2.3 must conform to the requirements of § 173.40.
(a) When § 172.101 of this subchapter specifies that a hazardous material be packaged under this section, only non-bulk packagings prescribed in this section may be used for its transportation. Each packaging must conform to the general packaging requirements of subpart B of part 173, to the requirements of part 178 of this subchapter at the Packing Group I or II performance level (unless otherwise excepted), and to the particular requirements of the special provisions of Column (7) of the § 172.101 Table.
(b) The following combination packagings are authorized:
(c) Except for transportation by passenger aircraft, the following single packagings are authorized:
Plastic receptacle in steel drum: 6HA1
Cylinders (for liquids in PG II), specification, as prescribed for any compressed gas, except Specification 8 and 3HT cylinders.
(a) When § 172.101 of this subchapter specifies that a solid hazardous material be packaged under this section, only non-bulk packagings prescribed in this section may be used for its transportation. Each package must conform to the general packaging requirements of subpart B of part 173, to the requirements of part 178 of this subchapter at the Packing Group I performance level, and to the requirements of the special provisions of column 7 of the § 172.101 table.
(b) The following combination packagings are authorized:
(c) Except for transportation by passenger aircraft, the following single packagings are authorized:
(a) When § 172.101 of this subchapter specifies that a solid hazardous material be packaged under this section, only non-bulk packagings prescribed in this section may be used for its transportation. Each package must conform to the general packaging requirements of subpart B of part 173, to the requirements of part 178 of this subchapter at
(b) The following combination packagings are authorized:
(c) Except for transportation by passenger aircraft, the following single packagings are authorized:
(a) When § 172.101 of this subchapter specifies that a solid hazardous material be packaged under this section, only non-bulk packagings prescribed in this section may be used for its transportation. Each package must conform to the general packaging requirements of subpart B of part 173, to the requirements of part 178 of this subchapter at the Packing Group I, II or III performance level, and to the requirements of the special provisions of column 7 of the § 172.101 table.
(b) The following combination packagings are authorized:
(c) The following single packagings are authorized:
When § 172.101 of this subchapter specifies that a hazardous material be packaged under this section, packagings and method of shipment must be approved by the Associate Administrator prior to the first shipment.
(a) Asbestos, blue, brown or white, includes each of the following hydrated mineral silicates: chrysolite, crocidolite, amosite, anthophyllite asbestos, tremolite asbestos, actinolite asbestos, and every product containing any of these materials.
(b) [Reserved]
(c) Packagings for asbestos must conform to the general packaging requirements of subpart B of this part but need not conform to the requirements of part 178 of this subchapter. Asbestos must be offered for transportation and transported in—
(1) Rigid, leaktight packagings, such as metal, plastic or fiber drums, portable tanks, hopper-type rail cars, or hopper-type motor vehicles;
(2) Bags or other non-rigid packagings in closed freight containers, motor vehicles, or rail cars that are loaded by and for the exclusive use of the consignor and unloaded by the consignee;
(3) Bags or other non-rigid packagings which are dust and sift proof must be placed in rigid outer packagings or closed freight containers.
(a) Carbon dioxide, solid (dry ice), when offered for transportation or transported by aircraft or water, must be packed in packagings designed and constructed to permit the release of carbon dioxide gas to prevent a buildup of pressure that could rupture the packagings. Packagings must conform to the general packaging requirements of subpart B of this part but need not conform to the requirements of part 178 of this subchapter.
(b) For transportation by vessel:
(1) Each transport vehicle and freight container containing solid carbon dioxide must be conspicuously marked on two sides “WARNING CO
(2) Other packagings containing solid carbon dioxide must be marked “CARBON DIOXIDE, SOLID—DO NOT STOW BELOW DECKS.”
(c) For transportation by aircraft:
(1) In addition to the applicable marking requirements in subpart D of part 172, the net mass of the carbon dioxide, solid (dry ice) must be marked on the outside of the package. This provision also applies to unit load devices (ULDs) when the ULD contains dry ice and is considered the packaging.
(2) The shipper must make arrangements with the operator for each shipment.
(3) The quantity limits per package shown in Columns (9A) and (9B) of the Hazardous Materials Table in § 172.101 are not applicable to dry ice being used as a refrigerant for other than hazardous materials loaded in a unit load device or other type of pallet. In such a case, the unit load device or other type of pallet must allow the venting of the carbon dioxide gas to prevent a dangerous build up of pressure, and be identified to the operator.
(4) Dry ice is excepted from the shipping paper requirements of subpart C of part 172 of this subchapter provided alternative written documentation is supplied containing the following information: proper shipping name (Dry ice or Carbon dioxide, solid), class 9, UN number 1845, the number of packages, and the net quantity of dry ice in each package. The information must be included with the description of the materials.
(5) Carbon dioxide, solid (dry ice), in quantities not exceeding 2.5 kg (5.5 pounds) per package and used as a refrigerant for the contents of the package is excepted from all other requirements of this subchapter if the requirements of paragraph (a) of this section are complied with and the package is marked “Carbon dioxide, solid” or “Dry ice”, is marked with the name of the contents being cooled, and is marked with the net weight of the dry ice or an indication that the net weight is 2.5 kg (5.5 pounds) or less.
(d) Carbon dioxide, solid (dry ice), when used to refrigerate materials being shipped for diagnostic or treatment purposes (
(a) Except as provided in Column (7) of the HMT in § 172.101 of this subchapter, fish meal or fish scrap, containing at least 6%, but not more than 12% water, is authorized for transportation by vessel only when packaged as follows:
(1) Burlap (jute) bag;
(2) Multi-wall paper bag;
(3) Polyethylene-lined burlap or paper bag;
(4) Cargo tank;
(5) Portable tank;
(6) Rail car; or
(7) Freight container.
(b) [Reserved]
(c) When fish scrap or fish meal is offered for transportation by vessel in bulk in freight containers, the fish meal must contain at least 100 ppm of anti-oxident (ethoxyquin) at the time of shipment.
(a) A life-saving appliance, self-inflating or non-self-inflating, containing small quantities of hazardous materials that are required as part of the life-saving appliance must conform to the requirements of this section. Packagings must conform to the general packaging requirements of subpart B of this part but need not conform to the requirements of part 178 of this subchapter. The appliances must be packed, so that they cannot be accidentally activated and, except for life vests, the hazardous materials must be in inner packagings packed so as to prevent shifting within the outer packaging. The hazardous materials must be an integral part of the appliance and in quantities that do not exceed those
(b) Life saving appliances may contain:
(1) Division 2.2 compressed gases, including oxygen. However, oxygen generators are not permitted;
(2) Signal devices (Class 1), which may include smoke and illumination signal flares;
(3) Electric storage batteries and lithium batteries (Life saving appliances containing lithium batteries must be transported in accordance with § 173.185, and Special Provisions 188, 189, A101, A103 and A104 as applicable.);
(4) First aid or repair kits conforming to the applicable material and quantity limitations of § 173.161 of this subchapter;
(5) Strike-anywhere matches;
(6) For self-inflating life saving appliances only, cartridges power device of Division 1.4S, for purposes of the self-inflating mechanism provided that the quantity of explosives per appliance does not exceed 3.2 g; or
(7) Limited quantities of other hazardous materials.
(c) Hazardous materials in life saving appliances must be packaged as follows:
(1) Division 2.2 compressed gases must be packaged in cylinders in accordance with the requirements of this subchapter;
(2) Signal devices (Class 1) must be in packagings that prevent them from being inadvertently activated;
(3) Strike-anywhere matches must be cushioned to prevent movement or friction in a metal or composition receptacle with a screw-type closure in a manner that prevents them from being inadvertently activated;
(4) Limited quantities of other hazardous materials must be packaged in accordance with the requirements of this subchapter; and
(5) For other than transportation by aircraft, life saving appliances containing no hazardous materials other than carbon dioxide cylinders with a capacity not exceeding 100 cm
(a)
(1) The engine contains a liquid or gaseous fuel. An engine may be considered as not containing fuel when the engine components and any fuel lines have been completed drained, sufficiently cleaned of residue, and purged of vapors to remove any potential hazard and the engine when held in any orientation will not release any liquid fuel;
(2) The fuel tank contains a liquid or gaseous fuel. A fuel tank may be considered as not containing fuel when the fuel tank and the fuel lines have been completed drained, sufficiently cleaned of residue, and purged of vapors to remove any potential hazard;
(3) It is equipped with a wet battery (including a non-spillable battery), a sodium battery or a lithium battery; or
(4) Except as provided in paragraph (f)(1) of this section, it contains other hazardous materials subject to the requirements of this subchapter.
(b)
(1)
(2)
(ii) For transportation by aircraft:
(A) Flammable gas-powered vehicles, machines, equipment or cylinders containing the flammable gas must be completely emptied of flammable gas. Lines from vessels to gas regulators, and gas regulators themselves, must also be drained of all traces of flammable gas. To ensure that these conditions are met, gas shut-off valves must be left open and connections of lines to gas regulators must be left disconnected upon delivery of the vehicle to the operator. Shut-off valves must be closed and lines reconnected at gas regulators before loading the vehicle aboard the aircraft; or alternatively;
(B) Flammable gas powered vehicles, machines or equipment, which have cylinders (fuel tanks) that are equipped with electrically operated valves, may be transported under the following conditions:
(
(
(
(
(3)
(4)
(i) For transportation by motor vehicle or rail car, the fuel tanks must be securely closed.
(ii) For transportation by vessel, the shipment must conform to § 176.905 of this subchapter.
(iii) For transportation by aircraft, when carried in aircraft designed or modified for vehicle ferry operations when all the following conditions must be met:
(A) Authorization for this type operation has been given by the appropriate authority in the government of the country in which the aircraft is registered;
(B) Each vehicle is secured in an upright position;
(C) Each fuel tank is filled in a manner and only to a degree that will preclude spillage of fuel during loading, unloading, and transportation; and
(D) Each area or compartment in which a self-propelled vehicle is being transported is suitably ventilated to prevent the accumulation of fuel vapors.
(c)
(d)
(e)
(f)
(2) Other hazardous materials must be packaged and transported in accordance with the requirements of this subchapter.
(g)
(h)
(1) Are not subject to any other requirements of this subchapter for transportation by motor vehicle or rail car; and
(2) Are not subject to the requirements of subparts D, E and F (marking, labeling and placarding, respectively) of part 172 of this subchapter or § 172.604 of this subchapter (emergency response telephone number) for transportation by vessel or aircraft. For transportation by aircraft, the provisions of § 173.159(b)(2) of this part as applicable, the provisions of § 173.230(f), as applicable, other applicable requirements of
(a) Non-bulk shipments of Polymeric beads (or granules), expandable,
(b) Bulk shipments of Polymeric beads (or granules), expandable,
Hazardous materials in machinery or apparatus are excepted from the specification packaging requirements of this subchapter when packaged according to this section. Hazardous materials in machinery or apparatus must be packaged in strong outer packagings, unless the receptacles containing the hazardous materials are afforded adequate protection by the construction of the machinery or apparatus. Each package must conform to the packaging requirements of subpart B of this part, except for the requirements in §§ 173.24(a)(1) and 173.27(e), and the following requirements:
(a) If the machinery or apparatus contains more than one hazardous material, the materials must not be capable of reacting dangerously together.
(b) The nature of the containment must be as follows—
(1) Damage to the receptacles containing the hazardous materials during transport is unlikely. However, in the event of damage to the receptacles containing the hazardous materials, no leakage of the hazardous materials from the machinery or apparatus is possible. A leakproof liner may be used to satisfy this requirement.
(2) Receptacles containing hazardous materials must be secured and cushioned so as to prevent their breakage or leakage and so as to control their movement within the machinery or apparatus during normal conditions of transportation. Cushioning material must not react dangerously with the content of the receptacles. Any leakage of the contents must not substantially impair the protective properties of the cushioning material.
(3) Receptacles for gases, their contents and filling densities must conform to the applicable requirements of this subchapter, unless otherwise approved by the Associate Administrator.
(c) The total net quantity of hazardous materials contained in one item of machinery or apparatus must not exceed the following:
(1) 1 kg (2.2 pounds) in the case of solids;
(2) 0.5 L (0.1 gallons) in the case of liquids;
(3) 0.5 kg (1.1 pounds) in the case of Division 2.2 gases. For transportation by aircraft, Division 2.2 gases with subsidiary risks and refrigerated liquefied gases are not authorized; and
(4) A total quantity of not more than the aggregate of that permitted in paragraphs (c)(1) through (c)(3) of this section, for each category of material in the package, when a package contains hazardous materials in two or
(d) Except for transportation by aircraft, when a package contains hazardous materials in two or more of the categories listed in paragraphs (c)(1) through (c)(3) of this section the total quantity required by § 172.202(c) of this subchapter to be entered on the shipping paper must be either the aggregate quantity, or the estimated quantity, of all hazardous materials, expressed as net mass.
(a) Packagings for “Musk xylene,” “5-tert-Butyl-2,4,6-trinitro-m-xylene,” “Azodicarbonamide,” or “Isosorbide-5-mononitrate,” when offered for transportation or transported by rail, highway, or vessel, must conform to the general packaging requirements of subpart B of part 173, and to the requirements of part 178 of this subchapter at the Packing Group III performance level and may only be transported in the following packagings:
(1) Fiberboard box (4G) with a single inner plastic bag, and a maximum net mass of not more than 50 kg (110 lbs).
(2) Fiberboard box (4G) or fiber drum (1G), with a plastic inner packaging not exceeding 5 kg (11 lbs), and a maximum net mass of not more than 25 kg (55 lbs).
(3) Fiber drum (1G), and a maximum net mass of not more than 50 kg (110 lbs), that may be fitted with a coating or lining.
(b) [Reserved]
(a)
(b)
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(c)
(2) Except as provided by an approval issued under § 173.124(a)(2)(iii), intermediate bulk and bulk packagings are not authorized.
(3)
(i) Data available to the person offering the material for transportation must indicate that the sample would pose a level of hazard no greater than that of a self-reactive material Type B and that the control temperature, if any, is sufficiently low to prevent any
(ii) The sample must be packaged in accordance with packing method OP2;
(iii) Packages of the self-reactive material may be offered for transportation and transported in a quantity not to exceed 10 kg (22 pounds) per transport vehicle; and
(iv) One of the following shipping descriptions must be assigned:
(A) Self-reactive, liquid, type C, 4.1, UN3223.
(B) Self-reactive, solid, type C, 4.1, UN3224.
(C) Self-reactive, liquid, type C, temperature controlled, 4.1, UN3233.
(D) Self-reactive, solid, type C, temperature controlled, 4.1, UN3234.
(a)
(b)
(2)
(i) Data available to the person offering the material for transportation must indicate that the sample would pose a level of hazard no greater than that of an organic peroxide Type B and that the control temperature, if any, is sufficiently low to prevent any dangerous decomposition and sufficiently high to prevent any dangerous phase separation;
(ii) The sample must be packaged in accordance with packing method OP2, for a liquid or solid, respectively;
(iii) Packages of the organic peroxide may be offered for transportation and transported in a quantity not to exceed 10 kg (22 pounds) per transport vehicle; and
(iv) One of the following shipping descriptions must be assigned:
(A) Organic peroxide Type C, liquid, 5.2, UN 3103;
(B) Organic peroxide Type C, solid, 5.2, UN 3104;
(C) Organic peroxide Type C, liquid, temperature controlled, 5.2, UN 3113; or
(D) Organic peroxide Type C, solid, temperature controlled, 5.2, UN 3114.
(3)
(c)
(1)
(2)
(3)
(4)
(i) The required mass percent of “Diluent type A” is specified in column 4a. A diluent type A is an organic liquid that does not detrimentally affect the thermal stability or increase the hazard of the organic peroxide and with a boiling point not less than 150 °C at atmospheric pressure. Type A diluents may be used for desensitizing all organic peroxides.
(ii) The required mass percent of “Diluent type B” is specified in column 4b. A diluent type B is an organic liquid which is compatible with the organic peroxide and which has a boiling point, at atmospheric pressure, of less than 150 °C (302 °F) but at least 60 °C (140 °F), and a flash point greater than 5 °C (41 °F). Type B diluents may be used for desensitizing all organic peroxides, when specified in the organic peroxide tables, provided that the boiling point is at least 60 °C (140 °F) above the SADT of the peroxide in a 50 kg (110 lbs) package. A type A diluent may be used to replace a type B diluent in equal concentration.
(iii) The required mass percent of “Inert solid” is specified in column 4c. An inert solid is a solid that does not detrimentally affect the thermal stability or hazard of the organic peroxide.
(5)
(6)
(7)
(8)
1. For domestic shipments, OP8 is authorized.
2. Available oxygen must be <4.7%.
3. For concentrations <80% OP5 is allowed. For concentrations of at least 80% but <85%, OP4 is allowed. For concentrations of at least 85%, maximum package size is OP2.
4. The diluent may be replaced by di-tert-butyl peroxide.
5. Available oxygen must be ≤9% with or without water.
6. For domestic shipments, OP5 is authorized.
7. Available oxygen must be ≤8.2% with or without water.
8. Only non-metallic packagings are authorized.
9. For domestic shipments this material maybe transported under the provisions of paragraph (h)(3)(xii) of this section.
10. [Reserved]
11. [Reserved]
12. Samples may only be offered for transportation under the provisions of paragraph (b)(2) of this section.
13. “Corrosive” subsidiary risk label is required.
14. [Reserved]
15. No “Corrosive” subsidiary risk label is required for concentrations below 80%.
16. With <6% di-tert-butyl peroxide.
17. With ≤8% 1-isopropylhydroperoxy-4-isopropylhydroxybenzene.
18. Addition of water to this organic peroxide will decrease its thermal stability.
19. [Reserved]
20. Mixtures with hydrogen peroxide, water and acid(s).
21. With diluent type A, with or without water.
22. With ≥36% diluent type A by mass, and in addition ethylbenzene.
23. With ≥19% diluent type A by mass, and in addition methyl isobutyl ketone.
24. Diluent type B with boiling point >100 C.
25. No “Corrosive” subsidiary risk label is required for concentrations below 56%.
26. Available oxygen must be ≤7.6%.
27. Formulations derived from distillation of peroxyacetic acid originating from peroxyacetic acid in a concentration of not more than 41% with water, total active oxygen less than or equal to 9.5% (peroxyacetic acid plus hydrogen peroxide).
28. For the purposes of this section, the names “Peroxyacetic acid” and “Peracetic acid” are synonymous.
29. Not subject to the requirements of this subchapter for Division 5.2.
30. Diluent type B with boiling point > 130 °C (266 °F).
31. Available oxygen ≤6.7%.
(d)
(1) The following types of packagings are authorized:
(i) Drums: 1A1, 1A2, 1B1, 1B2, 1D, 1G, 1H1, 1H2;
(ii) Jerricans: 3A1, 3A2, 3B1, 3B2, 3H1, 3H2;
(iii) Boxes: 4C1, 4C2, 4D, 4F, 4G, 4H1, 4H2, 4A, 4B; or
(iv) Composite packagings with a plastic inner receptacle: 6HA1, 6HA2, 6HB1, 6HB2, 6HC, 6HD1, 6HD2, 6HG1, 6HG2, 6HH1, 6HH2.
(2) Metal packaging (including inner packagings of combination packagings and outer packagings of combination or composite packagings) are used only for packing methods OP7 and OP8.
(3) In combination packagings, glass receptacles are used only as inner packagings with a maximum content of 0.5 kg for solids or 0.5 L for liquids.
(4) The maximum quantity per packaging or package for Packing Methods OP1-OP8 must be as follows:
(e)
(f)
(1) IBCs shall be provided with a device to allow venting during transportation. The inlet to the pressure relief device shall be sited in the vapor space of the IBC under maximum filling conditions during transportation.
(2) To prevent explosive rupture of metal IBCs or composite IBCs with a complete metal casing, the emergency-relief devices shall be designed to vent all the decomposition products and vapors evolved during self-accelerating decomposition or during a period of not less than one hour of complete fire-engulfment as calculated by the formula in paragraph (h)(3)(v) of this section. The control and emergency temperatures specified in the Organic Peroxide IBC Table are based on a non-insulated IBC.
(g) Organic Peroxide Portable Tank Table. The following Organic Peroxide Portable Tank Table provides certain portable tank requirements and identifies, by technical name, those organic peroxides that are authorized for transportation in the bulk packagings listed in paragraph (h). Organic peroxides listed in this table, provided they meet the specific packaging requirements found in paragraph (h), are not subject to the approval provisions of § 173.128 of this part.
(h)
(1)
(2)
(3)
(i) The portable tank must be designed for a test pressure of at least 0.4 MPa (4 bar).
(ii) The portable tank must be fitted with temperature-sensing devices.
(iii) The portable tank must be fitted with pressure relief devices and emergency-relief devices. Vacuum-relief devices may also be used. Pressure relief devices must operate at pressures determined according to both the properties of the hazardous material and the construction characteristics of the portable tank. Fusible elements are not allowed in the shell.
(iv) The pressure relief devices must consist of reclosing devices fitted to prevent significant build-up within the portable tank of the decomposition products and vapors released at a temperature of 50 °C (122 °F). The capacity and start-to-discharge pressure of the relief devices must be in accordance with the applicable requirements of this subchapter specified for the portable tank. The pressure relief devices must not allow liquid to escape in the event the portable tank is overturned in a loaded condition.
(v)(A) The emergency-relief devices may be of the reclosing or frangible types, or a combination of the two, designed to vent all the decomposition products and vapors evolved during a period of not less than one hour of complete fire engulfment as calculated by the following formula:
(B) Insulation factor (F) in the formula in paragraph (h)(3)(v)(A) of this section equals 1 for non-insulated vessels and for insulated vessels F is calculated using the following formula:
(vi) The start-to-discharge pressure of emergency-relief devices must be higher than that specified for the pressure relief devices in paragraph (h)(3)(iv) of this section. The emergency-relief devices must be sized and designed in such a way that the maximum pressure in the shell never exceeds the test pressure of the portable tank.
An example of a method to determine the size of emergency-relief devices is given in Appendix 5 of the UN Manual of Tests and Criteria (IBR, see § 171.7 of this subchapter). A second example of a test method for venting sizing is given in the American Institute of Chemical Engineers Process Safety Progress Journal,
(vii) For insulated portable tanks, the capacity and setting of emergency-relief devices must be determined assuming a loss of insulation from 1% of the surface area.
(viii) Vacuum-relief devices and reclosing devices on portable tanks used for flammable hazardous materials must be provided with flame arresters. Any reduction of the relief capacity caused by the flame arrester must be taken into account and the appropriate relief capacity must be provided.
(ix) Service equipment such as devices and external piping must be designed and constructed so that no hazardous material remains in them after filling the portable tank.
(x) Portable tanks may be either insulated or protected by a sun-shield. If the SADT of the hazardous material in the portable tank is 55 °C (131 °F) or less, the portable tank must be completely insulated. The outer surface must be finished in white or bright metal.
(xi) The degree of filling must not exceed 90% at 15 °C (59 °F).
(xii) DOT 57 metal portable tanks are authorized only for those materials or mixtures of two or more materials that are provided with a reference to Note 9 in Column 8 of the Organic Peroxide Table, found in paragraph (c) of this section. DOT 57 portable tanks must conform to the venting requirements of paragraph (f) of this section. These portable tanks are not subject to any other requirements of paragraph (h) of this section.
(4) For tertiary butyl hydroperoxide (TBHP), each tank car, cargo tank or portable tank must contain 7.6 cm (3.0 inches) low density polyethylene (PE) saddles having a melt index of at least 0.2 grams per 10 minutes (for example see, ASTM D1238, condition E) as part of the lading, with a ratio of PE to TBHP over a range of 0.008 to 0.012 by mass. Alternatively, plastic or metal containers equipped with fusible plugs having a melting point between 69 °C (156 °F) and 71 °C (160 °F) and filled with a sufficient quantity of water to dilute the TBHP to 65% or less by mass may be used. The PE saddles must be visually inspected after each trip and, at a minimum, once every 12 months, and replaced when discoloration, fracture, severe deformation, or other indication of change is noted.
Division 6.1, Packing Group I, Zone A poisonous by inhalation (see § 173.133) must be packed in non-bulk packagings in accordance with the following paragraphs:
(a) In seamless specification or UN cylinders conforming to the requirements of § 173.40.
(b) In 1A1, 1B1, 1H1, 1N1, or 6HA1 drums further packed in a 1A2 or 1H2 drum. Both inner and outer drums must conform to the performance test requirements of subpart M of part 178 of this subchapter at the Packing Group I performance level. The outer drums may be tested either as a package intended to contain inner packagings (combination package) or as a single packaging intended to contain solids or liquids at a mass corresponding to the mass of the assembled packaging system. All outer drums, even those tested to contain inner packaging or as single packagings for solids, must withstand a hydrostatic test pressure of 100 kPa (15 psig). The outer drum must have a minimum thickness of 1.35 mm (0.053 inch) for a 1A2 outer drum or 6.3 mm (0.248 inch) for a 1H2 outer drum. In addition, the inner drum must—
(1) Be capable of satisfactorily withstanding the hydrostatic pressure test in § 178.605 of this subchapter at a test pressure of 300 kPa (45 psig);
(2) Satisfactorily withstand the leakproofness test in § 178.604 of this subchapter using an internal air pressure of at least twice the vapor pressure at 55 °C (131 °F) of the material to be packaged;
(3) Have screw-type closures that are—
(i) Closed and tightened to a torque prescribed by the closure manufacturer, using a properly calibrated device that is capable of measuring torque;
(ii) Physically held in place by any means capable of preventing back-off or loosening of the closure by impact or vibration during transportation; and
(iii) Provided with a cap seal that is properly applied in accordance with the cap seal manufacturer's recommendations and is capable of withstanding an internal pressure of at least 100 kPa (15 psig).
(4) Have a minimum thickness as follows:
(i) For a 1A1 or 1N1 drum, 1.3 mm (0.051 inch);
(ii) For a 1B1 drum, 3.9 mm (0.154 inch);
(iii) For a 1H1 drum, 3.16 mm (0.124 inch); and
(iv) For a 6HA1 drum, the plastic inner container shall be 1.58 mm (0.0622 inch) and the outer steel drum shall be 0.96 mm (0.0378 inch).
(5) Be isolated from the outer drum by a shock-mitigating, non-reactive material, which completely surrounds the inner packaging on all sides.
(c) In combination packagings, consisting of an inner packaging system and an outer packaging, as follows:
(1) Outer packagings:
(2) Inner packaging system. The inner packaging system consists of two packagings:
(i) an impact-resistant receptacle of glass, earthenware, plastic or metal securely cushioned with a non-reactive, absorbent material, and
(A) Capacity of each inner receptacle may not exceed 4 L (1 gallon).
(B) An inner receptacle that has a closure must have a closure which is physically held in place by any means capable of preventing back-off or loosening of the closure by impact or vibration during transportation.
(ii) Packed within a leak-tight packaging of metal or plastic.
(iii) This combination packaging in turn is packed within the outer packaging.
(3) Additional requirements:
(i) The total amount of liquid contained in the outer packaging must not exceed 16 L (4 gallons).
(ii) The inner packaging system must conform to the performance test requirements of subpart M of part 178 of this subchapter, at the Packaging Group I performance level when subjected to the following tests:
(A) § 178.603—Drop Test
(B) § 178.604—Leakproofness Test
(C) § 178.605—Hydrostatic Pressure Test
(iii) The inner packaging system must meet the above tests without the benefit of the outer packaging.
(iv) The leakproofness and hydrostatic pressure test may be conducted on either the inner receptacle or the outer packaging of the inner packaging system.
(v) The outer package must conform to the performance test requirements of subpart M of part 178 of this subchapter, at the Packaging Group I performance level as applicable for the type of package being used.
(d) If approved by the Associate Administrator, 1A1, 1B1, 1H1, 1N1, 6HA1 or 6HH1 drums described in paragraph (b) of this section may be used without being further packed in a 1A2 or 1H2 drum if the shipper loads the material, palletizes the drums, blocks and braces the drums within the transport vehicle and seals the transport vehicle used. Drums may not be stacked (double decked) within the transport vehicle. Shipments must be from one origin to one destination only without any intermediate pickup or delivery.
(e) Prior to reuse, all authorized inner drums must be leakproofness tested and marked in accordance with § 173.28 using a minimum test pressure
(a) In packagings as authorized in § 173.226 and seamless and welded specification cylinders or UN seamless cylinders conforming to the requirements of § 173.40.
(b) 1A1, 1B1, 1H1, 1N1, 6HA1, or 6HH1 drums further packed in a 1A2 or 1H2 drum. Both the inner and outer drums must conform to the performance test requirements of subpart M of part 178 of this subchapter at the Packing Group I performance level. Both the inner and outer drums must conform to the performance test requirements of subpart M of part 178 of this subchapter at the Packing Group I performance level. The outer drums may be tested either as a package intended to contain inner packagings (combination package) or as a single packaging intended to contain solids or liquids at a mass corresponding to the mass of the assembled packaging system. The outer drum must have a minimum thickness of 1.35 mm (0.053 inches) for a 1A2 outer drum or 6.30 mm (0.248 inches) for a 1H2 outer drum. Outer 1A2 and 1H2 drums must withstand a hydrostatic test pressure of 100 kPa (15 psig). Capacity of the inner drum may not exceed 220 liters. In addition, the inner drum must conform to all of the following requirements:
(1) Satisfactorily withstand the leakproofness test in § 178.604 of this subchapter using an internal air pressure of at least two times the vapor pressure at 55 °C (131 °F) of the material to be packaged;
(2) Have screw closures that are—
(i) Closed and tightened to a torque prescribed by the closure manufacturer, using a properly calibrated device that is capable of measuring torque;
(ii) Physically held in place by any means capable of preventing back-off or loosening of the closure by impact or vibration during transportation; and
(iii) Provided with a cap seal that is properly applied in accordance with the cap seal manufacturer's recommendations and is capable of withstanding an internal pressure of at least 100 kPa (15 psig).
(3) Have a minimum thickness as follows:
(i) For a 1A1 drum, 0.69 mm (0.027 inch);
(ii) For a 1B1 drum, 2.79 mm (0.110 inch);
(iii) For a 1H1 drum, 1.14 mm (0.045 inch); or
(iv) For a 6HA1 drum, the plastic inner container shall be 1.58 mm (0.0625 inch), the outer steel drum shall be 0.70 mm (0.027 inch).
(4) Be isolated from the outer drum by a shock-mitigating, non-reactive material which completely surrounds the inner packaging on all sides.
(5) Prior to reuse, all authorized inner drums must be leakproofness tested and marked in accordance with § 173.28 using a minimum test pressure as indicated in paragraph (b)(1) of this section.
(c) 1A1, 1B1, 1H1, 1N1, 6HA1 or 6HH1 drums described in paragraph (b) of this section may be used without being further packed in a 1A2 or 1H2 drum if the shipper loads the material, blocks and braces the drums within the transport vehicle and seals the transport vehicle used. Drums may not be stacked (double decked) within the transport vehicle. Shipments must be from one origin to one destination only without any intermediate pickup or delivery.
(a) Bromine pentafluoride and bromine trifluoride are authorized in packagings as follows:
(1) Specification 3A150, 3AA150, 3B240, 3BN150, 4B240, 4BA240, 4BW240, and 3E1800 cylinders.
(2) UN cylinders as specified in part 178 of this subchapter, except acetylene cylinders and non-refillable cylinders, with a minimum test pressure of 10 bar and a minimum outage of 8 percent by volume. The use of UN tubes and MEGCs is not authorized.
(3) The use of a pressure relief device is not authorized.
(b) A material in Hazard Zone A must be transported in a seamless specification cylinder conforming to the requirements of § 173.40. However, a welded cylinder filled before October 1, 2002, in accordance with the requirements of this subchapter in effect at the time of filling, may be transported for reprocessing or disposal of the cylinder's contents until December 31, 2003. No cylinder may be equipped with a pressure relief device.
When the § 172.101 table specifies that a hazardous material be packaged in accordance with this section, only 4G fiberboard boxes, with inner packagings of polyethylene or other suitable material, are authorized. Fiberboard boxes must be reinforced and insulated and sufficient dry ice must be used to maintain the hydrate or acid in a frozen state during transportation. Each packaging must conform to the general packaging requirements of subpart B of part 173, and to the requirements of part 178 of this subchapter at the Packing Group I performance level. Transportation is authorized only by private or contract carrier by motor vehicle.
(a)
(b) A fuel cell cartridge designed to contain a Division 4.3 or a Class 8 material may contain an activator provided it is fitted with two independent means of preventing unintended mixing with the fuel during transport.
(c) Each fuel cell cartridge designed to contain a liquefied flammable gas must:
(1) Be capable of withstanding, without leakage or bursting, a pressure of at least two times the equilibrium pressure of the contents at 55 °C (131 °F);
(2) Contain no more than 200 mL of liquefied flammable gas with a vapor pressure not exceeding 1,000 kPa (150 psig) at 55 °C (131 °F); and
(3) Pass the hot water bath test prescribed in accordance with § 173.306(a)(3)(v).
(d) Each fuel cell cartridge designed to contain hydrogen in a metal hydride must conform to the following:
(1) Each fuel cell cartridge must have a water capacity less than or equal to 120 mL (4 fluid ounces).
(2) Each fuel cell cartridge must be a design type that has been subjected, without leakage or bursting, a pressure of at least two times the design pressure of the cartridge at 55 °C (131 °F) or 200 kPa (30 psig) more than the design pressure of the cartridge at 55 °C (131 °F), whichever is greater. The pressure at which the test is conducted is referred to as the “minimum shell burst pressure.” The pressure within the fuel cell cartridge must not exceed 5 MPa (725 psig) at 55 °C (131 °F).
(3) Each fuel cell cartridge must be filled in accordance with the procedure provided by the manufacturer. The manufacturer must provide the following information with each fuel cell cartridge:
(i) Inspection procedures to be carried out before initial filling and before refilling of the fuel cell cartridge;
(ii) Safety precautions and potential hazards to be aware of;
(iii) A method of determining when the rated capacity has been achieved;
(iv) Minimum and maximum pressure range;
(v) Minimum and maximum temperature range; and
(vi) Any other requirements to be met for initial filling and refilling including the type of equipment to be used.
(4) Each fuel cell cartridge must be permanently marked with the following information:
(i) The rated charging pressure in megapascals (MPa);
(ii) The manufacturer's serial number of the fuel cell cartridges or unique identification number; and
(iii) The expiration date based on the maximum service life (yyyy/mm).
(5)
(i)
(A) Vertically, on the end containing the shut-off valve assembly;
(B) Vertically, on the end opposite to the shut-off valve assembly;
(C) Horizontally, onto a steel apex with a diameter of 3.8 cm (9.7 in), with the steel apex in the upward position; and
(D) At a 45° angle on the end containing the shut-off valve assembly.
(ii)
(A) The internal pressure vents to zero gauge pressure without the rupture of the cartridge; or
(B) The cartridge withstands the fire for a minimum of 20 minutes without rupture.
(iii)
(6)
(e) The following packagings are authorized provided the general packaging requirements subpart B of part 173 of this subchapter are met:
(1) For fuel cell cartridges, rigid packagings conforming to the requirements of part 178 of this subchapter at the packing group II performance level; and
(2) Strong outer packagings for fuel cell cartridges contained in equipment or packed with equipment. Large equipment containing fuel cell cartridges may be transported unpackaged if the equipment provides an equivalent level of protection.
(i) Fuel cell cartridges packed with equipment must be packed with cushioning material or divider(s) or inner
(ii) Fuel cell cartridges contained in equipment must be protected against short circuits and the entire fuel cell system must be protected from unintentional activation. The equipment must be securely cushioned in the outer packaging.
(f) For transportation by aircraft, the following additional provisions apply:
(1) The package must comply with the applicable provisions of § 173.27 of this subchapter;
(2) For fuel cell cartridges contained in equipment, fuel cell systems must not charge batteries during transport;
(3) For transportation aboard passenger aircraft, for fuel cell cartridges contained in equipment, each fuel cell system and fuel cell cartridge must conform to IEC PAS 62282-6-1 Ed. 1 (IBR,
(4) When packed with equipment, fuel cell cartridges must be packed in an intermediate packaging along with the equipment they are capable of powering, and the intermediate packagings packed in a strong outer packaging. The maximum number of fuel cell cartridges in the intermediate packaging may not be more than the number required to power the equipment, plus two spares;
(5) Large robust articles containing fuel cells may be transported unpackaged when approved by the Associate Administrator; and
(6) The mass of a fuel cell cartridge containing a Division 4.3 or Class 8 materials must be not more than 1 kg (2.2 lbs).
(7) Fuel cell cartridges intended for transportation in carry-on baggage on board passenger aircraft must comply with paragraphs (a), (b), (c), (d) in this section and the applicable provisions prescribed in § 175.10 of this subchapter.
(g)
(1) For flammable liquids, in fuel cell cartridges containing not more than 1.0 L (0.3 gallon) per cartridge, packed in strong outer packaging.
(2) For water-reactive substances (Division 4.3 Dangerous when wet material), in fuel cell cartridges containing not more than 0.5 L (16.9 fluid ounces) for liquids or not over 0.5 kg (1.1 pound) for solids per cartridge, packed in strong outer packaging.
(3) For corrosive materials, in fuel cell cartridges containing not more than 1.0 L (0.3 gallon) for liquids or not more than 1.0 kg (2.2 pounds) for solids per cartridge, packed in strong outer packaging.
(4) For liquefied (compressed) flammable gas, in fuel cell cartridges not over 120 mL (4 fluid ounces) net capacity per cartridge, packed in strong outer packaging.
(5) For hydrogen in metal hydride, in fuel cell cartridges not over 120 mL (4 fluid ounces) net capacity per cartridge, packed in strong outer packaging.
(6) For transportation by aircraft, the following combination packagings are authorized:
(i) For flammable liquids, in fuel cell cartridges containing not more than 0.5 L (16.9 fluid ounces) per cartridge, packed in strong outer packaging. Additionally, each package may contain
(ii) For water-reactive substances (Division 4.3 Dangerous when wet material), in fuel cell cartridges containing not more than 200 g (0.4 pounds) of solid fuel per cartridge, packed in strong outer packaging. Additionally, each package may contain no more than 2.5 kg (net mass) of fuel cell cartridges.
(iii) For corrosive materials, in fuel cell cartridges containing not more than 200 mL (6.7 fluid ounces) for liquids or not more than 200 g (0.4 pounds) for solids per cartridge packed in strong outer packaging. Additionally, each package may contain no more than 2.5 kg (net mass) of fuel cell cartridges.
(iv) For liquefied (compressed) flammable gas, in fuel cell cartridges not over 120 mL (4 fluid ounces) net capacity per cartridge, packed in strong outer packaging. Additionally, each package may contain no more than 0.5 kg (net mass) of fuel cell cartridges.
(v) For hydrogen in metal hydride, in fuel cell cartridges not over 120 mL (4 fluid ounces) net capacity per cartridge, packed in strong outer packaging. Additionally, each package may contain no more than 0.5 kg (net mass) of fuel cell cartridges.
(h)
When § 172.101 of this subchapter specifies that a hazardous material be packaged under this section, only the following bulk packagings are authorized, subject to the requirements of subparts A and B of part 173 of this subchapter and the special provisions specified in column 7 of the § 172.101 table.
(a)
(b)
(c)
(d)
(1) IBCs may not be used for the following hazardous materials:
(i) Packing Group I liquids; and
(ii) Packing Group I solids that may become liquid during transportation.
(2) The following IBCs may not be used for Packing Group II and III solids that may become liquid during transportation:
(i) Wooden: 11C, 11D and 11F;
(ii) Fiberboard: 11G;
(iii) Flexible: 13H1, 13H2, 13H3, 13H4, 13H5, 13L1, 13L2, 13L3, 13L4, 13M1 and 13M2; and
(iv) Composite: 11HZ2 and 21HZ2.
(e)
(1) Except as specifically authorized in this subchapter, Large Packagings may not be used for Packing Group I or II hazardous materials.
(2) Large Packagings with paper or fiberboard inner receptacles may not be used for solids that may become liquid in transportation.
Amendments published at 66 FR 45380, Aug. 28, 2001, could not be incorporated because of inaccurate amendatory instruction.
When § 172.101 of this subchapter specifies that a hazardous material be packaged under this section, only the following bulk packagings are authorized, subject to the requirements of subparts A and B of part 173 of this subchapter and the special provisions specified in column 7 of the § 172.101 table.
(a)
(b)
(c)
(d)
(1) IBCs may not be used for the following hazardous materials:
(i) Packing Group I liquids; and
(ii) Packing Group I solids that may become liquid during transportation.
(2) The following IBCs may not be used for Packing Group II and III solids that may become liquid during transportation:
(i) Wooden: 11C, 11D and 11F;
(ii) Fiberboard: 11G;
(iii) Flexible: 13H1, 13H2, 13H3, 13H4, 13H5, 13L1, 13L2, 13L3, 13L4, 13M1 and 13M2; and
(iv) Composite: 11HZ2 and 21HZ2.
(e)
(1) Except as specifically authorized in this subchapter, Large Packagings may not be used for Packing Group I or II hazardous materials.
(2) Large Packagings with paper or fiberboard inner receptacles may not be used for solids that may become liquid in transportation.
Amendments published at 66 FR 45380, Aug. 28, 2001, could not be incorporated because of inaccurate amendatory instruction.
When § 172.101 of this subchapter specifies that a hazardous material be packaged under this section, only the following bulk packagings are authorized, subject to the requirements of subparts A and B of part 173 of this subchapter and the special provisions specified in column 7 of the § 172.101 table.
(a)
(b)
(1) Pressure relief system: Except as provided by § 173.33(d), each cargo tank must be equipped with a pressure relief system meeting the requirements of § 178.346-3 or § 178.347-4 of this subchapter. However, pressure relief devices on MC 310, MC 311 and MC 312 cargo tanks must meet the requirements for a Specification MC 307 cargo tank (except for Class 8, Packing Group I and II). Pressure relief devices on MC 330 and MC 331 cargo tanks must meet the requirement in § 178.337-9 of this subchapter.
(2) Bottom outlets: DOT 406, DOT 407 and DOT 412 must be equipped with stop-valves meeting the requirements of § 178.345-11 of this subchapter; MC 304, MC 307, MC 310, MC 311, and MC 312 cargo tanks must be equipped with stop-valves capable of being remotely closed within 30 seconds of actuation by manual or mechanic means and (except for Class 8, Packing Group I and II) by a closure activated at a temperature not over 121 °C (250 °F); MC 330 and MC 331 cargo tanks must be equipped with internal self-closing stop-valves meeting the requirements in § 178.337-11 of this subchapter.
(c)
(1)
(2)
(i) Each pressure relief device must communicate with the vapor space of the tank when the tank is in a normal transportation attitude. Shutoff valves may not be installed between the tank opening and any pressure relief device. Pressure relief devices must be mounted, shielded, or drained to prevent the accumulation of any material that could impair the operation or discharge capability of the device;
(ii) Frangible devices are not authorized;
(iii) No pressure relief device may open at less than 34.4 kPa (5 psig);
(iv) If a fusible device is used for relieving pressure, the device must have
(v) No relief device may be used which would release flammable vapors under normal conditions of transportation (temperature up to and including 54 °C. (130 °F.).); and
(3)
(4) Unless provided by § 173.32(h)(3), an IM 101, 102 or UN portable tank with a bottom outlet and used to transport a liquid hazardous material that is a Class 3, PG I or II, or PG III with a flash point of less than 38 °C (100 °F); Division 5.1 PG I or II; or Division 6.1, PG I or II, must have internal valves conforming to § 178.275(d)(3) of this subchapter.
(d)
(1) IBCs may not be used for the following hazardous materials:
(i) Packing Group I liquids; and
(ii) Packing Group I solids that may become liquid during transportation.
(2) The following IBCs may not be used for Packing Group II and III solids that may become liquid during transportation:
(i) Wooden: 11C, 11D and 11F;
(ii) Fiberboard: 11G;
(iii) Flexible: 13H1, 13H2, 13H3, 13H4, 13H5, 13L1, 13L2, 13L3, 13L4, 13M1 and 13M2; and
(iv) Composite: 11HZ2 and 21HZ2.
(e)
(1) Except as specifically authorized in this subchapter, Large Packagings may not be used for Packing Group I or II hazardous materials.
(2) Large Packagings with paper or fiberboard inner receptacles may not be used for solids that may become liquid in transportation.
Amendments published at 66 FR 45380, Aug. 28, 2001, could not be incorporated because of inaccurate amendatory instruction.
When § 172.101 of this subchapter specifies that a hazardous material be
(a)
(b)
(1) Pressure relief system: Except as provided by § 173.33(d), each cargo tank must be equipped with a pressure relief system meeting the requirements of § 178.346-3 or 178.347-4 of this subchapter. However, pressure relief devices on MC 310, MC 311 and MC 312 cargo tanks must meet the requirements for a Specification MC 307 cargo tank (except for Class 8, Packing Group I and II). Pressure relief devices on MC 330 and MC 331 cargo tanks must meet the requirement in § 178.337-9 of this subchapter.
(2) Bottom outlets: DOT 407 and DOT 412 cargo tanks must be equipped with stop-valves meeting the requirements of § 178.345-11 of this subchapter; MC 304, MC 307, MC 310, MC 311, and MC 312 cargo tanks must be equipped with stop-valves capable of being remotely closed within 30 seconds of actuation by manual or mechanic means and (except for Class 8, Packing Group I and II) by a closure activated at a temperature not over 121 °C (250 °F); MC 330 and MC 331 cargo tanks must be equipped with internal self-closing stop-valves meeting the requirements in § 178.337-11 of this subchapter.
(c)
(d)
(1) IBCs may not be used for the following hazardous materials:
(i) Packing Group I liquids; and
(ii) Packing Group I solids that may become liquid during transportation.
(2) The following IBCs may not be used for Packing Group II and III solids that may become liquid during transportation:
(i) Wooden: 11C, 11D and 11F;
(ii) Fiberboard: 11G;
(iii) Flexible: 13H1, 13H2, 13H3, 13H4, 13H5, 13L1, 13L2, 13L3, 13L4, 13M1 and 13M2; and
(iv) Composite: 11HZ2 and 21HZ2.
(e) A dual hazard material may be packaged in accordance with § 173.242 if:
(1) The subsidiary hazard is Class 3 with a flash point greater than 38 °C (100 °F); or
(2) The subsidiary hazard is Division 6.1, Packing Group III; or
(3) The subsidiary hazard is Class 8, Packaging Group, III.
Amendments published at 66 FR 45380, Aug. 28, 2001, could not be incorporated because of inaccurate amendatory instruction.
When § 172.101 of this subchapter specifies that a hazardous material be packaged under this section, only the following bulk packagings are authorized, subject to the requirements of subparts A and B of part 173 of this subchapter and the special provisions specified in column 7 of the § 172.101 table.
(a)
(i) Division 6.1 Hazard Zone A materials must be transported in tank cars having a test pressure of 34.47 Bar (500 psig) or greater and conform to Classes 105J, 106 or 110.
(ii) Division 6.1 Hazard Zone B materials must be transported in tank cars having a test pressure of 20.68 Bar (300 psig) or greater and conform to Classes 105S, 106, 110, 112J, 114J or 120S.
(iii) Hydrogen fluoride, anhydrous must be transported in tank cars having a test pressure of 20.68 Bar (300 psig) or greater and conform to Classes 105, 112, 114 or 120.
(2) For materials poisonous by inhalation, single unit tank cars tanks built prior to March 16, 2009 and approved by the Tank Car Committee for transportation of the specified material. Except as provided in § 173.244(a)(3), tank cars built on or after March 16, 2009 used for the transportation of the PIH materials listed below, must meet the applicable authorized tank car specification listed in the following table:
(3) As an alternative to the authorized tank car specification listed in the table in paragraph (a)(2) of this section, a car of the same authorized tank car specification but of the next lower test pressure, as prescribed in column 5 of the table at § 179.101-1 of this subchapter, may be used provided that both of the following conditions are met:
(i) The difference between the alternative and the required minimum plate thicknesses, based on the calculation prescribed in § 179.100-6 of this subchapter, must be added to the alternative tank car jacket and head shield. When the jacket and head shield are made from steel with a minimum tensile strength from 70,000 p.s.i. to 80,000 p.s.i., but the required minimum plate thickness calculation is based on steel with a minimum tensile strength of 81,000 p.s.i., the thickness to be added to the jacket and head shield must be increased by a factor of 1.157. Forming allowances for heads are not required to be considered when calculating thickness differences.
(ii) The tank car jacket and head shield are manufactured from carbon steel plate as prescribed in § 179.100-7(a) of this subchapter.
(b)
(c)
When § 172.101 of this subchapter specifies that a hazardous material be packaged under this section, only the following bulk packagings are authorized, subject to the requirements of subparts A and B of part 173 of this subchapter and the special provisions specified in column 7 of the § 172.101 table.
(a) Tank car tanks and multi-unit tank car tanks, when approved by the Associate Administrator.
(b) Cargo tank motor vehicles and portable tanks, when approved by the Associate Administrator.
When § 172.101 of this subchapter specifies that a hazardous material be packaged under this section, only the following bulk packagings are authorized, subject to the requirements of subparts A and B of part 173 of this subchapter and the special provisions in column 7 of the § 172.101 table. On or after October 1, 1993, authorized packagings must meet all requirements in paragraph (g) of this section, unless otherwise excepted.
(a)
(b)
(c)
(d)
(e)
(1)
(2)
(ii) Kettles with a total capacity of 2650 L (700 gallons) or more and a ratio of track-width to fully loaded CG height of 2.5 or more are excepted from the “substantially leak tight” requirements of paragraph (g)(2) of this section and the rollover protection requirements of paragraph (g)(6) of this section if closures meet the requirements of paragraph (e)(2)(iii) of this section.
(iii) Closures must be securely closed during transportation. Closures also must be designed to prevent opening and the expulsion of lading in a rollover accident.
(f)
(g)
(1)
(i) Pressure control equipment is not required if pressure in the packaging would increase less than 10 percent as a result of heating the lading from the lowest design operating temperature to a temperature likely to be encountered if the packaging were engulfed in a fire. When pressure control equipment is required, it must prevent rupture of the packaging from heating, including fire engulfment.
(ii) Vacuum control equipment is not required if the packaging is designed to withstand an external pressure of 100 kPa (14.5 psig) or if pressure in the packaging would decrease less than 10 percent as a result of the lading cooling from the highest design operating temperature to the lowest temperature incurred in transport. When vacuum control equipment is required, it must prevent collapse of the packaging from a cooling-induced pressure differential.
(iii) When the regulations require a reclosing pressure relief device, the lading must not render the devices inoperable (i.e. from clogging, freezing, or fouling). If the lading affects the proper operation of the device, the packaging must have:
(A) A safety relief device incorporating a frangible disc or a permanent opening, each having a maximum effective area of 22 cm
(B) For transportation of asphalt by highway, a safety relief device incorporating a frangible disc or a permanent opening, each having a maximum effective area of 48 cm
(C) For transportation by rail, a non-reclosing pressure relief device incorporating a rupture disc conforming to the requirements of § 179.15 of this subchapter.
(iv) Reclosing pressure relief devices, rupture discs or permanent openings must not allow the release of lading during normal transportation conditions (i.e., due to splashing or surging).
(2)
(3)
(4)
(5)
(6)
(7)
(h)
(2)
(i) Kettles with a total capacity of less than 2650 L (700 gallons), which are not in full compliance with the requirements of paragraph (g) of this section, may continue in elevated temperature material service if they meet the applicable requirements of subparts A and B of this part and if, after March 30, 1995, closures are secured during transport to resist opening in an overturn.
(ii) Kettles with a total capacity of 2650 L (700 gallons) or more, which are not in full compliance with the requirements of paragraph (g) of this section, may continue in elevated temperature material service if they meet the applicable requirements of subparts A and B of this part and if, after March 30, 1995, closures are secured during transport to resist opening in an overturn and no opening exceeds 46 cm
(3)
(4)
When § 172.101 of this subchapter specifies that a hazardous material be packaged under this section, only the following bulk packagings are authorized, subject to the requirements of subparts A and B of part 173 of this subchapter and the special provisions specified in column 7 of the § 172.101 table.
(a) Class DOT 105A300W or 105A500W tank cars. Class 105A500W tank cars may be equipped with manway cover plates, pressure relief valves, vent valves, and loading/unloading valves that are required on Class 105A-300W tank cars. Tank cars must conform to the requirements in paragraphs (a) through (g) of this section.
(b) Specification MC 310, MC 311, MC 312 or DOT 412 cargo tank motor vehicles conforming with paragraphs (d) through (f) of this section. Except when transported as a residue, the total quantity in one tank may not be less than 88 percent or more than 96 percent of the volume of the tank. Cargo tanks in bromine service built prior to August 31, 1991, may continue in service under the requirements contained in § 173.252(a)(4) of this part in effect on September 30, 1991.
(c) UN portable tanks conforming to tank code T22 (see § 172.102 of this subchapter) or specification IM 101 portable tanks conforming with paragraphs (d) through (f) of this section. Except when transported as a residue, the total quantity in one tank may not be less than 88% nor more than 92% of the volume of the tank.
(d) The tank must be made from nickel-clad or lead-lined steel plate. Nickel cladding or lead lining must be on the inside of the tank. Nickel cladding must comprise at least 20 percent of the required minimum total thickness. Nickel cladding must conform to ASTM B 162 (IBR, see § 171.7 of this subchapter). Lead lining must be at least 4.763 mm (0.188 inch) thick. All tank equipment and appurtenances in contact with the lading must be lined or made from metal not subject to deterioration by contact with lading.
(e) Maximum filling density is 300 percent of the tank's water capacity. Minimum filling density is 287 percent of the tank's water capacity. Maximum water capacity is 9,253 kg (20,400 pounds) for DOT 105A300W tank cars. Maximum quantity of lading in DOT 105A300W tank cars is 27,216 kg (60,000 pounds). Maximum water capacity is 16,964 kg (37,400 pounds) for DOT 105A500W tank cars and DOT 105A500W tank cars equipped as described in paragraph (a) of this section. Maximum quantity of lading in DOT 105A500W tank cars is 49,895 kg (110,000 pounds).
(f) Tank shell and head thickness for cargo tank motor vehicles and portable tanks must be at least 9.5 mm (0.375 inch) excluding lead lining.
(g) Except as provided in § 173.244(a)(3), tank cars built on or after March 16, 2009 and used for the transportation of bromine must meet the applicable authorized tank car specification listed in the table in § 173.244(a)(2).
(a)
(1) Compressed gases must be in UN pressure receptacles built in accordance with the UN standards or in metal cylinders and containers built in accordance with the DOT and ICC specifications and part 178 of this subchapter in effect at the time of manufacture, and requalified and marked as prescribed in subpart C in part 180 of this subchapter, if applicable. The DOT and ICC specifications authorized for use are as follows:
(2) A cylinder must be filled in accordance with this part. Before each filling of a cylinder, the person filling the cylinder must visually inspect the outside of the cylinder. A cylinder that has a crack or leak, is bulged, has a defective valve or a leaking or defective pressure relief device, or bears evidence of physical abuse, fire or heat damage, or detrimental rusting or corrosion, may not be filled and offered for transportation. A cylinder may be repaired and requalified only as prescribed in subpart C of part 180 of this subchapter.
(3) Pressure relief devices must be tested for leaks before a filled cylinder is shipped from the cylinder filling plant. It is expressly forbidden to repair a leaking fusible plug device where the leak is through the fusible metal or between the fusible metal and the opening in the plug body, except by removal and replacement of the pressure relief device.
(4) A cylinder that previously contained a Class 8 material must be requalified in accordance with § 180.205(e) of this subchapter.
(5) When a cylinder with a marked pressure limit is prescribed, another cylinder made under the same specification but with a higher marked pressure limit is authorized. For example, a cylinder marked “DOT-4B500” may be used when “DOT-4B300” is specified.
(6) No person may fill a cylinder overdue for periodic requalification with a hazardous material and then offer it for transportation. The prohibition against offering a cylinder for transportation that is overdue for periodic requalification does not apply to a cylinder filled prior to the requalification due date.
(7) A cylinder with an authorized service life may not be offered for transportation in commerce after its authorized service life has expired. However, a cylinder in transportation or a cylinder filled prior to the expiration of its authorized service life may be transported for reprocessing or disposal of the cylinder's contents. After emptying, the cylinder must be condemned in accordance with § 180.205 of this subchapter.
(8) The pressure of the hazardous material at 55 °C (131 °F) may not exceed 5/4 of the service pressure of the cylinder. Sufficient outage must be provided so the cylinder will not be liquid full at 55 °C (131 °F).
(9) Specification 2P, 2Q, 3E, 3HT, spherical 4BA, 4D, 4DA, 4DS, and 39 cylinders must be packed in strong non-bulk outer packagings. The outside of the combination packaging must be marked with an indication that the inner packagings conform to the prescribed specifications.
(10) Any person who installs a valve into an aluminum cylinder in oxygen service must verify the valve and the cylinder have the same thread type.
(b)
(c)
(d)
(e)
(f)
(2) A pressure relief device, when installed, must be in communication with the vapor space of a cylinder containing a Division 2.1 (flammable gas) material.
(3) For a specification 3, 3A, 3AA, 3AL, 3AX, 3AXX, 3B, 3BN, or 3T cylinder filled with gases in other than Division 2.2 (except oxygen and oxidizing gases transported by aircraft, see §§ 173.302(f) and 173.304(f)), beginning with the first requalification due after December 31, 2003, the burst pressure of a CG-1, CG-4, or CG-5 pressure relief device must be at test pressure with a tolerance of plus zero to minus 10%. An additional 5% tolerance is allowed when a combined rupture disk is placed inside a holder. This requirement does not apply if a CG-2, CG-3, or CG-9 thermally activated relief device or a CG-7 reclosing pressure valve is used on the cylinder.
(4) A pressure relief device is required on a DOT 39 cylinder regardless of cylinder size or filled pressure. A DOT 39 cylinder used for liquefied Division 2.1 materials must be equipped with a metal pressure relief device. Fusible pressure relief devices are not authorized on a DOT 39 cylinder containing a liquefied gas.
(5) A pressure relief device is not required on—
(i) A cylinder 305 mm (12 inches) or less in length, exclusive of neck, and 114 mm (4.5 inches) or less in outside diameter, except when the cylinder is filled with a liquefied gas for which this part requires a service pressure of 1800 psig or higher or a nonliquefied gas to a pressure of 1800 psig or higher at 21 °C (70 °F);
(ii) A cylinder with a water capacity of less than 454 kg (1000 lbs) filled with a nonliquefied gas to a pressure of 300 psig or less at 21 °C (70 °F), except for a DOT 39 cylinder or a cylinder used for acetylene in solution; or
(iii) A cylinder containing a Class 3 or a Class 8 material without pressurization, unless otherwise specified for the hazardous material.
(6) A pressure relief device is prohibited on a cylinder filled with a Division 2.3 or 6.1 material in Hazard Zone A.
(iv) A UN pressure receptacle transported in accordance with paragraph (k) or (l) or this section.
(g)
(i) Nonliquefied (permanent) compressed gases authorized by § 173.302.
(ii) Liquefied compressed gases authorized by § 173.304. Each manifolded cylinder containing a liquefied compressed gas must be separately filled and means must be provided to ensure no interchange of cylinder contents can occur during transportation.
(iii) Acetylene as authorized by § 173.303.
(2) For the checking of tare weights or replacing solvent, the cylinder must be removed from the manifold. This requirement is not intended to prohibit filling acetylene cylinders while manifolded.
(h)
(1) The following specification cylinders are not subject to the cylinder valve protection requirements in this paragraph (h):
(i) A cylinder containing only a Division 2.2 material without a Division 5.1 subsidiary hazard;
(ii) A cylinder containing a Class 8 liquid corrosive only to metal;
(iii) A cylinder with a water capacity of 4.8 liters (293 in
(iv) A cylinder containing oxygen, refrigerated liquid (cryogenic liquid);
(v) A Medical E cylinder with a water capacity of 4.9 liters (300 in
(vi) A fire extinguisher; or
(vii) A “B” style cylinder with a capacity of 40 ft
(2) For cylinders manufactured before October 1, 2007, a cylinder must have its valves protected by one of the following methods:
(i) By equipping the cylinder with securely attached metal caps of sufficient strength to protect valves from damage during transportation;
(ii) By boxing or crating the cylinders so as to protect valves from damage during transportation;
(iii) By constructing the cylinder so that the valve is recessed into the cylinder or otherwise protected to the extent that it will not be subjected to a blow when the container is dropped onto a flat surface; or
(iv) By loading the cylinders in an upright position and securely bracing the cylinders in rail cars or motor vehicles, when loaded by the consignor and unloaded by the consignee.
(3) For cylinders manufactured on or after October 1, 2007, each cylinder valve assembly must be of sufficient strength or protected such that no leakage occurs when a cylinder with the valve installed is dropped 1.8 m (6 ft.) or more onto a non-yielding surface, such as concrete or steel, impacting the valve assembly or protection device at an orientation most likely to cause damage. The cylinder valve assembly protection may be provided by any method meeting the performance requirement in this paragraph (h)(3). Examples include:
(i) Equipping the cylinder with a securely attached metal cap.
(ii) Packaging the cylinder in a box, crate, or other strong outer packaging conforming to the requirements of § 173.25.
(iii) Constructing the cylinder such that the valve is recessed into the cylinder or otherwise protected.
(i)
(2) Seamless DOT specification cylinders longer than 2 m (6.5 feet) are authorized for transportation only when horizontally mounted on a motor vehicle or in an ISO framework or other framework of equivalent structural integrity in accordance with CGA TB-25 (IBR, see § 171.7 of this subchapter). The pressure relief device must be arranged to discharge unobstructed to the open air. In addition, for Division 2.1 (flammable gas) material, the pressure relief devices must be arranged to discharge upward to prevent any escaping gas from contacting personnel or any adjacent cylinders.
(3) Cylinders may not be transported by rail in container on freight car (COFC) or trailer on flat car (TOFC) service except under conditions approved by the Associate Administrator for Safety, Federal Railroad Administration.
(j)
(k)
(l)
For
(a)
(b)
(c)
(d)
(1) For a cylinder filled with acetylene, liquefied nitrous oxide, or carbon dioxide.
(2) For a cylinder filled in accordance with § 173.302a(b), the pressure in the cylinder at 55 °C (131 °F) may not exceed 5/4 times the filling pressure.
(3) The pressure at 55 °C (131 °F) of Hazard Zone A and Hazard Zone B materials may not exceed the service pressure of the cylinder. Sufficient outage must be provided so that the cylinder will not be liquid full at 55 °C (131 °F).
(e)
(a)
(1) A UN pressure receptacle may not be filled and offered for transportation when damaged to such an extent that the integrity of the UN pressure receptacle or its service equipment may be affected. Prior to filling, the service equipment must be examined and found to be in good working condition (see § 178.70(d) of this subchapter). In addition, the required markings must be legible on the pressure receptacle.
(2) The gases or gas mixtures must be compatible with the UN pressure receptacle and valve materials as prescribed for metallic materials in ISO 11114-1 (IBR, see § 171.7 of this subchapter) and for non-metallic materials in ISO 11114-2 (IBR, see § 171.7 of this subchapter).
(3) A refillable UN pressure receptacle may not be filled with a gas or gas mixture different from that previously contained in the UN pressure receptacle unless the necessary operations for change of gas service have been performed in accordance with ISO 11621 (IBR, see § 171.7 of this subchapter).
(4) When a strong outer packaging is prescribed, for example as provided by paragraph (c)(2)(vi) or (d)(1) of this section, the UN pressure receptacles must be protected to prevent movement. Unless otherwise specified in this part, more than one UN pressure receptacle may be enclosed in the strong outer packaging.
(b)
(c)
(2) A UN pressure receptacle must have its valves protected from damage that could cause inadvertent release of the contents of the UN pressure receptacle by one of the following methods:
(i) By constructing the pressure receptacle so that the valves are recessed inside the neck of the UN pressure receptacle and protected by a threaded plug or cap;
(ii) By equipping the UN pressure receptacle with a valve cap conforming to the requirements in ISO 11117 (IBR, see § 171.7 of this subchapter). The cap must have vent-holes of sufficient cross-sectional area to evacuate the gas if leakage occurs at the valve;
(iii) By protecting the valves by shrouds or guards conforming to the requirements in ISO 11117 (IBR;
(iv) By using valves designed and constructed with sufficient inherent strength to withstand damage in accordance with Annex B of ISO 10297;
(v) By enclosing the UN pressure receptacles in frames, e.g., bundles of cylinders; or
(vi) By packing the UN pressure receptacles in a strong outer package, such as a box or crate, capable of meeting the drop test specified in § 178.603 of this subchapter at the Packing Group I performance level.
(d)
(1) The receptacles must be transported as an inner package of a combination package;
(2) The receptacle must have a water capacity not exceeding 1.25 L when used for a flammable or toxic gas; and
(3) The receptacle is prohibited for Hazard Zone A material.
(e)
(f)
(g)
(a)
(b)
(1) Metallic portions of a valve that may come into contact with the oxygen in the cylinder must be constructed of brass or stainless steel.
(2) Except for UN cylinders, each cylinder opening must be configured with straight threads only.
(3) Each UN pressure receptacle must be cleaned in accordance with the requirements of ISO 11621 (IBR, see § 171.7 or this subchapter). Each DOT cylinder must be cleaned in accordance with the requirements of GSA Federal Specification RR-C-901D, paragraphs 3.3.1 and 3.3.2 (IBR, see § 171.7 of this subchapter). Cleaning agents equivalent to those specified in Federal Specification RR-C-901D may be used provided they do not react with oxygen. One cylinder selected at random from a group of 200 or fewer and cleaned at the same time must be tested for oil contamination in accordance with Federal Specification RR-C-901D, paragraph 4.3.2, and meet the specified standard of cleanliness.
(4) The pressure in each cylinder may not exceed 3000 psig at 21 °C (70 °F).
(c) Notwithstanding the provisions of §§ 173.24(b)(1) and paragraph (f) of this section, an authorized cylinder containing oxygen continuously fed to tanks containing live fish may be offered for transportation and transported.
(d) Shipment of Division 2.1 materials in aluminum cylinders is authorized for transportation only by motor vehicle, rail car, or cargo-only aircraft.
(e)
(f)
(1) Only DOT specification 3A, 3AA, 3AL, 3E, 3HT, and 39 cylinders, and UN pressure receptacles ISO 9809-1, ISO 9809-2, ISO 9809-3 and ISO 7866 cylinders are authorized.
(2) Cylinders must be equipped with a pressure relief device in accordance with § 173.301(f) and, for DOT 39 cylinders offered for transportation after October 1, 2008, for the other DOT specification cylinders with the first requalification due after October 1, 2008, or for the UN pressure receptacles prior to initial use:
(i) The rated burst pressure of a rupture disc for DOT 3A, 3AA, 3AL, 3E, and 39 cylinders, and UN pressure receptacles ISO 9809-1, ISO 9809-2, ISO 9809-3 and ISO 7866 cylinders must be 100% of the cylinder minimum test pressure with a tolerance of plus zero to minus 10%; and
(ii) The rated burst pressure of a rupture disc for a DOT 3HT cylinder must be 90% of the cylinder minimum test pressure with a tolerance of plus zero to minus 10%.
(3) The cylinder must be placed in a rigid outer packaging that—
(i) Conforms to the requirements of either part 178, subparts L and M of this subchapter at the Packing Group I or II performance level or the performance criteria in Air Transport Association (ATA) Specification No. 300 for a Category I Shipping Container;
(ii) Is capable of passing, as demonstrated by design testing, the Flame Penetration Resistance Test in Appendix E to part 178 of this subchapter; and
(iii) Prior to each shipment, passes a visual inspection that verifies that all features of the packaging are in good condition, including all latches, hinges, seams, and other features, and that the packaging is free from perforations, cracks, dents, or other abrasions that may negatively affect the flame penetration resistance and thermal resistance characteristics of the packaging.
(4) The cylinder and the outer packaging must be capable of passing, as demonstrated by design testing, the Thermal Resistance Test specified in Appendix D to part 178 of this subchapter.
(5) The cylinder and the outer packaging must both be marked and labeled in accordance with part 172, subparts D and E of this subchapter. The additional marking “DOT31FP,” is allowed to indicate that the cylinder and the outer packaging are capable of passing, as demonstrated by design testing, the Thermal Resistance Test specified in Appendix D to part 178 of this subchapter.
(6) A cylinder of compressed oxygen that has been furnished by an aircraft operator to a passenger in accordance with 14 CFR §§ 121.574, 125.219, or 135.91 is excepted from the outer packaging requirements of paragraph (f)(3) of this section.
(a)
(1) DOT 3, 3A, 3AA, 3AL, 3B, 3E, 4B, 4BA and 4BW cylinders.
(2) DOT 3HT cylinders. These cylinders are authorized for aircraft use only and only for nonflammable gases. They have a maximum service life of 24 years from the date of manufacture. The cylinders must be equipped with frangible disc type pressure relief devices that meet the requirements of § 173.301(f). Each frangible disc must have a rated bursting pressure not exceeding 90 percent of the minimum required test pressure of the cylinder. Discs with fusible metal backing are
(3)
(4) DOT 3AX, 3AAX, and 3T cylinders are authorized for Division 2.1 and 2.2 materials and for carbon monoxide. DOT 3T cylinders are not authorized for hydrogen. When used in methane service, the methane must be a nonliquefied gas with a minimum purity of 98.0 percent methane and commercially free of corroding components.
(5) Aluminum cylinders manufactured in conformance with specifications DOT 39 and 3AL are authorized for oxygen only under the conditions specified in § 173.302(b).
(b)
(1) The cylinder is equipped with a frangible disc pressure relief device (without fusible metal backing) having a bursting pressure not exceeding the minimum prescribed test pressure.
(2) The cylinder's elastic expansion was determined at the time of the last test or retest by the water jacket method.
(3) Either the average wall stress or the maximum wall stress does not exceed the wall stress limitation shown in the following table:
(i)(A) The average wall stress must be computed from the elastic expansion data using the following formula:
(B) The formula in paragraph (b)(3)(i)(A) of this section is derived from the formula in paragraph (b)(3)(ii) of this section and the following:
(ii) The maximum wall stress must be computed from the formula:
(iii) Compliance with average wall stress limitation may be determined by computing the elastic expansion rejection limit in accordance with CGA C-5, by reference to data tabulated in CGA C-5, or by the manufacturer's marked elastic expansion rejection limit (REE) on the cylinder.
(4) An external and internal visual examination made at the time of test or retest shows the cylinder to be free from excessive corrosion, pitting, or dangerous defects.
(5) A plus sign (+) is added following the test date marking on the cylinder to indicate compliance with paragraphs (b) (2), (b)(3), and (b)(4) of this section.
(c)
(d)
(e)
(a)
(b)
(c)
(d)
(e)
(a)
(b)
(c)
(d)
(e)
(f)
(2) UN cylinders equipped with pressure relief devices or that are manifolded together must be transported upright.
For
(a)
(1) A DOT 3AL cylinder may not be used for any material with a primary or subsidiary hazard of Class 8.
(2) Shipments of Division 2.1 materials in aluminum cylinders are authorized only when transported by motor vehicle, rail car, or cargo-only aircraft.
(b)
(c)
(d) Refrigerant and dispersant gases. Nontoxic and nonflammable refrigerant or dispersant gases must be offered for transportation in cylinders prescribed in § 173.304a, or in DOT 2P and 2Q containers (§§ 178.33, 178.33a of this subchapter). DOT 2P and 2Q containers must be packaged in a strong wooden or fiberboard box of such design as to protect valves from damage or accidental functioning under conditions incident to transportation. Pressure in the inside metal containers may not exceed 87 psia at 21 °C (70 °F). Each completed metal container filled for shipment must be heated until its
(e)
(1) Inside non-refillable metal containers having a capacity not greater than 500 mL (32 in
(2) [Reserved]
(f)
(1) Only DOT specification 3A, 3AA, 3AL, 3E, 3HT, and 39 cylinders, and UN pressure receptacles ISO 9809-1, ISO 9809-2, ISO 9809-3 and ISO 7866 cylinders are authorized.
(2) Cylinders must be equipped with a pressure relief device in accordance with § 173.301(f) and, for DOT 39 cylinders offered for transportation after October 1, 2008, for the other DOT specification cylinders with the first requalification due after October 1, 2008, or for the UN pressure receptacles prior to initial use:
(i) The rated burst pressure of a rupture disc for DOT 3A, 3AA, 3AL, 3E and 39 cylinders, and UN pressure receptacles ISO 9809-1, ISO 9809-2, ISO 9809-3 and ISO 7866 cylinders must be 100% of the cylinder minimum test pressure with a tolerance of plus zero to minus 10%; and
(ii) The rated burst pressure of a rupture disc for a DOT 3HT cylinder must be 90% of the cylinder minimum test pressure with a tolerance of plus zero to minus 10%.
(3) The cylinder must be placed in a rigid outer packaging that—
(i) Conforms to the requirements of either part 178, subparts L and M, of this subchapter at the Packing Group I or II performance level, or the performance criteria in Air Transport Association (ATA) Specification No. 300 for a Category I Shipping Container;
(ii) Is capable of passing, as demonstrated by design testing, the Flame Penetration Resistance Test in Appendix E to part 178 of this subchapter; and
(iii) Prior to each shipment, passes a visual inspection that verifies that all features of the packaging are in good condition, including all latches, hinges, seams, and other features, and the packaging is free from perforations, cracks, dents, or other abrasions that may negatively affect the flame penetration resistance and thermal resistance characteristics of the container.
(4) The cylinder and the outer packaging must be capable of passing, as demonstrated by design testing, the Thermal Resistance Test specified in Appendix D to part 178 of this subchapter.
(5) The cylinder and the outer packaging must both be marked and labeled in accordance with part 172, subparts D and E of this subchapter. The additional marking “DOT31FP,” is allowed to indicate that the cylinder and the outer packaging are capable of passing, as demonstrated by design testing, the Thermal Resistance Test specified in Appendix D to part 178 of this subchapter.
(6) A cylinder of compressed oxygen that has been furnished by an aircraft operator to a passenger in accordance with 14 CFR 121.574, 125.219, or 135.91 is
(a)
(1) DOT 3, 3A, 3AA, 3AL, 3B, 3BN, 3E, 4B, 4BA, 4B240ET, 4BW, 4E, 39, except that no DOT 4E or 39 packaging may be filled and shipped with a mixture containing a pyrophoric liquid, carbon bisulfide (disulfide), ethyl chloride, ethylene oxide, nickel carbonyl, spirits of nitroglycerin, or toxic material (Division 6.1 or 2.3), unless specifically authorized in this part.
(2) For the gases named, the following requirements apply (for cryogenic liquids, see § 173.316):
(b) [Reserved]
(c)
(d) Requirements for liquefied petroleum gas. (1) Filling density limits are as follows:
(2) Subject to § 173.301a(d), any filling density percentage prescribed in this section is authorized to be increased by
(3) Liquefied petroleum gas must be shipped in specification cylinders as follows:
(i) DOT 3, 3A, 3AA, 3B, 3E, 3AL, 4B, 4BA, 4B240ET, 4BW, 4E, or 39 cylinders. Shipments of flammable gases in DOT 3AL cylinders are authorized only when transported by motor vehicle, rail car, or cargo-only aircraft.
(ii) Additional containers may be used within the limits of quantity and pressure as follows:
(4)
(e)
(i) DOT 4L cylinders conforming to the provisions of this paragraph are authorized.
(ii) Each cylinder must be protected with at least one pressure relief device and at least one frangible disc conforming to § 173.301(f) and paragraph (a)(2) of this section. The relieving capacity of the pressure relief device system must be equal to or greater than that calculated by the applicable formula in paragraph 5.8.3 of CGA S-1.1 (IBR, see § 171.7 of this subchapter).
(iii) The temperature and pressure of the gas at the time the shipment is offered for transportation may not exceed −18 °C (0 °F) and 290 psig for carbon dioxide and −15.6 °C (+4 °F) and 290
(2) The following pressure relief device settings, design service temperatures and filling densities apply:
At 70 FR 34076, June 13, 2005, § 173.304a was amended in the table in paragraph (a)(2) by removing the phrase “DOT-4A480” from the entry “Hydrogen sulfide”; however, the amendment could not be incorporated because that phrase does not exist in the entry.
(a)
(b)
(1) For high pressure liquefied gases, in no case may the filling ratio of the settled pressure at 65 °C (149 °F) exceed the test pressure of the UN pressure receptacle.
(2) For low pressure liquefied gases, the filling factor (maximum mass of contents per liter of water capacity) must be less than or equal to 95 percent of the liquid phase at 50 °C. In addition, the UN pressure receptacle may not be liquid full at 60 °C. The test pressure of the pressure receptacle must be equal to or greater than the vapor pressure of the liquid at 65 °C.
(3) For high pressure liquefied gases or gas mixtures, the maximum filling ratio may be determined using the formulas in (3)(b) of P200 of the UN Recommendations.
(4) For low pressure liquefied gases or gas mixtures, the maximum filling ratio may be determined using the formulas in (3)(c) of P200 of the UN Recommendations.
(c) Tetraflouroethylene, stabilized, UN1081 must be packaged in a pressure receptacle with a minimum test pressure of 200 bar and a working pressure not exceeding 5 bar.
(d) Fertilizer ammoniating solution with free ammonia, UN1043 is not authorized in UN tubes or MEGCs.
(a)
(b)
(c)
(1) Specification 2P (§ 178.33 of this subchapter). Inside metal containers equipped with safety relief devices of a type examined by the Bureau of Explosives and approved by the Associate Administrator, and packed in strong wooden or fiber boxes of such design as to protect valves from damage or accidental functioning under conditions incident to transportation. Pressure in the container may not exceed 85 psia at 70 °F. Each completed metal container filled for shipment must be heated until content reaches a minimum temperature of 130 °F., without evidence of leakage, distortion or other defect. Each outside shipping container must be plainly marked “INSIDE CONTAINERS COMPLY WITH PRESCRIBED SPECIFICATIONS.”
(2) [Reserved]
(d)
(a) Limited quantities of compressed gases for which exceptions are permitted as noted by reference to this section in § 172.101 of this subchapter are excepted from labeling, except when offered for transportation or transported by air, and, unless required as a condition of the exception, specification packaging requirements of this subchapter when packaged in accordance with the following paragraphs. For transportation by aircraft, the package must also comply with the applicable requirements of § 173.27 of this subchapter and only hazardous materials authorized aboard passenger-carrying aircraft may be transported as a limited quantity. In addition, shipments are not subject to subpart F (Placarding) of part 172 of this subchapter, to part 174 of this subchapter except § 174.24, and to part 177 of this subchapter except § 177.817. Each package may not exceed 30 kg (66 pounds) gross weight.
(1) When in containers of not more than 4 fluid ounces capacity (7.22 cubic inches or less) except cigarette lighters. Special exceptions for shipment of certain compressed gases in the ORM-D class are provided in paragraph (i) of this section.
(2) When in metal containers filled with a material that is not classed as a hazardous material to not more than 90 percent of capacity at 70 °F. and then charged with nonflammable, nonliquefied gas. Each container must be tested to three times the pressure at 70 °F. and, when refilled, be retested to three times the pressure of the gas at 70 °F. Also, one of the following conditions must be met:
(i) Container is not over 0.95 L (1 quart) capacity and charged to not more than 11.17 bar (482.63 kPa, 170 psig) at 21 °C (70 °F), and must be packed in a strong outer packaging, or
(ii) Container is not over 30 gallons capacity and charged to not more than 75 psig at 70 °F.
(3) When in a metal container for the sole purpose of expelling a nonpoisonous (other than a Division 6.1 Packing Group III material) liquid, paste or powder, provided all of the following conditions are met. Special exceptions
(i) Capacity must not exceed 1 L(61.0 cubic inches).
(ii) Pressure in the container must not exceed 180 psig at 130 °F. If the pressure exceeds 140 psig at 130 °F., but does not exceed 160 psig at 130 °F., a specification DOT 2P (§ 178.33 of this subchapter) inside metal container must be used; if the pressure exceeds 160 psig at 130 °F., a specification DOT 2Q (§ 178.33a of this subchapter) inside metal container must be used. In any event, the metal container must be capable of withstanding without bursting a pressure of one and one-half times the equilibrium pressure of the content at 130 °F.
(iii) Liquid content of the material and gas must not completely fill the container at 130 °F.
(iv) The container must be packed in strong outside packagings.
(v) Each container, after it is filled, must be subjected to a test performed in a hot water bath; the temperature of the bath and the duration of the test must be such that the internal pressure reaches that which would be reached at 55 °C (131 °F) (50 °C (122 °F) if the liquid phase does not exceed 95% of the capacity of the container at 50 °C (122 °F)). If the contents are sensitive to heat, the temperature of the bath must be set at between 20 °C (68 °F) and 30 °C (86 °F) but, in addition, one container in 2,000 must be tested at the higher temperature. No leakage or permanent deformation of a container may occur.
(vi) Each outside packaging must be marked “INSIDE CONTAINERS COMPLY WITH PRESCRIBED REGULATIONS.”
(4) Gas samples must be transported under the following conditions:
(i) A gas sample may only be transported as non-pressurized gas when its pressure corresponding to ambient atmospheric pressure in the container is not more than 105 kPa absolute (15.22 psia).
(ii) Non-pressurized gases, toxic (or toxic and flammable) must be packed in hermetically sealed glass or metal inner packagings of not more than one L (0.3 gallons) overpacked in a strong outer packaging.
(iii) Non-pressurized gases, flammable must be packed in hermetically sealed glass or metal inner packagings of not more than 5 L (1.3 gallons) and overpacked in a strong outer packaging.
(5) For limited quantities of Division 2.2 gases with no subsidiary risk, when in a plastic container for the sole purpose of expelling a liquid, paste or powder, provided all of the following conditions are met. Special exceptions for shipment of aerosols in the ORM-D class are provided in paragraph (i) of this section.
(i) Capacity must not exceed 1 L (61.0 cubic inches).
(ii) Pressure in the container must not exceed 160 psig at 130 °F. If the pressure in the container is less than 140 psig at 130 °F, a non-DOT specification container may be used. If the pressure in the container exceeds 140 psig at 130 °F but does not exceed 160 psig at 130 °F, the container must conform to specification DOT 2S. All non-DOT specification and specification DOT 2S containers must be capable of withstanding, without bursting, a pressure of one and one-half times the equilibrium pressure of the contents at 130 °F.
(iii) Liquid content of the material and gas must not completely fill the container at 130 °F.
(iv) The container must be packed in strong outside packagings.
(v) Except as provided in paragraph (a)(5)(vi) of this section, each container must be subjected to a test performed in a hot water bath; the temperature of the bath and the duration of the test must be such that the internal pressure reaches that which would be reached at 55 °C (131 °F) or 50 °C (122 °F) if the liquid phase does not exceed 95% of the capacity of the container at 50 °C (122 °F). If the contents are sensitive to heat, or if the container is made of plastic material which softens at this test temperature, the temperature of the bath must be set at between 20 °C (68 °F) and 30 °C (86 °F) but, in addition, one container in 2,000 must be tested at the higher temperature. No leakage or permanent deformation of a container may occur except that a plastic container may be deformed through softening provided that it does not leak.
(vi) As an alternative to the hot water bath test in paragraph (a)(5)(v) of this section, testing may be performed as follows:
(A)
(B)
(vi) Each outside packaging must be marked “INSIDE CONTAINERS COMPLY WITH PRESCRIBED REGULATIONS.”
(b)
(1) Foodstuffs or soaps in a nonrefillable metal or plastic container not exceeding 1 L (61.0 cubic inches), with soluble or emulsified compressed gas, provided the pressure in the container does not exceed 140 psig at 130 °F. Plastic containers must only contain Division 2.2 non-flammable soluble or emulsified compressed gas. The metal or plastic container must be capable of withstanding, without bursting, a pressure of one and one-half times the equilibrium pressure of the contents at 130 °F.
(i) Containers must be packed in strong outside packagings.
(ii) Liquid content of the material and the gas must not completely fill the container at 130 °F.
(iii) Each outside packaging must be marked “INSIDE CONTAINERS COMPLY WITH PRESCRIBED REGULATIONS.”
(2) Cream in refillable metal or plastic containers with soluble or emulsified compressed gas. Plastic containers must only contain Division 2.2 non-flammable soluble or emulsified compressed gas. Containers must be of such design that they will hold pressure without permanent deformation up to 375 psig and must be equipped with a device designed so as to release pressure without bursting of the container or dangerous projection of its parts at higher pressures. This exception applies to shipments offered for transportation by refrigerated motor vehicles only.
(3) Nonrefillable metal or plastic containers charged with a Division 6.1 Packing Group III or nonflammable solution containing biological products or a medical preparation which could be deteriorated by heat, and compressed gas or gases. Plastic containers must only contain 2.2 non-flammable soluble or emulsified compressed gas. The capacity of each container may
(4) Electronic tubes, each having a volume of not more than 30 cubic inches and charged with gas to a pressure of not more than 35 psig and packed in strong outside packagings.
(5) Audible fire alarm systems powered by a compressed gas contained in an inside metal container when shipped under the following conditions:
(i) Each inside container must have contents which are not flammable, poisonous, or corrosive as defined under this part,
(ii) Each inside container may not have a capacity exceeding 35 cubic inches (19.3 fluid ounces),
(iii) Each inside container may not have a pressure exceeding 70 psig at 70 °F. and the liquid portion of the gas may not completely fill the inside container at 130 °F., and
(iv) Each nonrefillable inside container must be designed and fabricated with a burst pressure of not less than four times its charged pressure at 130 °F. Each refillable inside container must be designed and fabricated with a burst pressure of not less than five times its charged pressure at 130 °F.
(c)-(d) [Reserved]
(e)
(i) Each pressure vessel may not contain more than 5,000 pounds of Group A1 refrigerant as classified in ANSI/ASHRAE Standard 15 or not more than 50 pounds of refrigerant other than Group A1.
(ii) Machines or components having two or more charged vessels may not contain an aggregate of more than 2,000 pounds of Group I refrigerant or more than 100 pounds of refrigerant other than Group I.
(iii) Each pressure vessel must be equipped with a safety device meeting the requirements of ANSI/ASHRAE 15 (IBR, see § 171.7 of this subchapter).
(iv) Each pressure vessel must be equipped with a shut-off valve at each opening except openings used for safety devices and with no other connection. These valves must be closed prior to and during transportation.
(v) Pressure vessels must be manufactured, inspected and tested in accordance with ANSI/ASHRAE 15, or when over 6 inches internal diameter, in accordance with Section VIII of the ASME Code (IBR, see § 171.7 of this subchapter).
(vi) All parts subject to refrigerant pressure during shipment must be tested in accordance with ANSI/ASHRAE 15.
(vii) The liquid portion of the refrigerant, if any, may not completely fill any pressure vessel at 130 °F.
(viii) The amount of refrigerant, if liquefied, may not exceed the filling density prescribed in § 173.304.
(f)
(1) Accumulators installed in motor vehicles, construction equipment, and assembled machinery and designed and fabricated with a burst pressure of not less than five times their charged pressure at 70 °F., when shipped, are not subject to the requirements of this subchapter.
(2) Accumulators charged with limited quantities of compressed gas to not more than 200 p.s.i.g. at 70 °F. are excepted from labeling (except when offered for transportation by air) and the specification packaging requirements
(i) Each accumulator must be shipped as an inside packaging,
(ii) Each accumulator may not have a gas space exceeding 2,500 cubic inches under stored pressure, and
(iii) Each accumulator must be tested, without evidence of failure or damage, to at least three times its charged pressure of 70 °F., but not less than 120 p.s.i. before initial shipment and before each refilling and reshipment.
(3) Accumulators with a charging pressure exceeding 200 p.s.i.g. at 70 °F. are excepted from labeling (except when offered for transportation by air) and the specification packaging requirements of this subchapter when shipped under the following conditions:
(i) Each accumulator must be in compliance with the requirements stated in paragraph (f)(2), (i), (ii), and (iii) of this section, and
(ii) Each accumulator must be designed and fabricated with a burst pressure of not less than five times its charged pressure at 70 °F. when shipped.
(4) Accumulators intended to function as shock absorbers, struts, gas springs, pneumatic springs or other impact or energy-absorbing devices are not subject to the requirements of this subchapter provided each:
(i) Has a gas space capacity not exceeding 1.6 L and a charge pressure not exceeding 280 bar, where the product of the capacity expressed in liters and charge pressure expressed in bars does not exceed 80 (for example, 0.5 L gas space and 160 bar charge pressure);
(ii) Has a minimum burst pressure of 4 times the charge pressure at 20°C for products not exceeding 0.5 L gas space capacity and 5 times the charge pressure for products greater than 0.5 L gas space capacity;
(iii) Design type has been subjected to a fire test demonstrating that the article relieves its pressure by means of a fire degradable seal or other pressure relief device, such that the article will not fragment and that the article does not rocket; and
(iv) Accumulators must be manufactured under a written quality assurance program which monitors parameters controlling burst strength, burst mode and performance in a fire situation as specified in paragraphs (f)(4)(i) through (f)(4)(iii) of this section. A copy of the quality assurance program must be maintained at each facility at which the accumulators are manufactured.
(5) Accumulators not conforming to the provisions of paragraphs (f)(1) through (f) (4) of this section, may only be transported subject to the approval of the Associate Administrator.
(g)
(1) The tank must be of steel, welded with heads concave to pressure, having a rated water capacity not exceeding 120 gallons and with outside diameter not exceeding 24 inches. Safety relief devices not required.
(2) The tank must be pneumatically tested to 100 psig. Test pressure must be permanently marked on the tank.
(3) The stress at prescribed pressure must not exceed 20,000 psi using formula:
(4) The burst pressure must be at least 6 times the charge pressure at 70 °F.
(5) Each tank must be overpacked in a strong outer packaging in accordance with § 173.301(h).
(h)
(2)
(ii) For highway transportation, when no more than 1,500 lighter refills covered by this paragraph are transported in one motor vehicle, the requirements of subparts C through H of part 172, and Part 177 of this subchapter do not apply. Lighter refills covered under this paragraph must be packaged in rigid, strong outer packagings meeting the general packaging requirements of subpart B of this part. Outer packagings must be plainly and durably marked on two opposing sides or ends with the words “LIGHTER REFILLS” and the number of devices contained therein in letters measuring at least 20 mm (0.79 in) in height. No person may offer for transportation or transport the lighter refills or prepare the lighter refills for shipment unless that person has been specifically informed of the requirements of this section.
(i)
(2) Until December 31, 2013, a limited quantity package containing a “consumer commodity” as defined in § 171.8 of this subchapter may be renamed “Consumer commodity” and reclassed as ORM-D or ORM-D-AIR material and offered for transportation and transported in accordance with the applicable provisions of this subchapter in effect on October 1, 2010.
(j)
(k)
(1) The strong outer packaging and its contents must not exceed a gross weight of 500 kg (1,100 pounds);
(2) Each aerosol container must be secured with a cap to protect the valve stem or the valve stem must be removed; and
(3) The packaging must be offered for transportation or transported by—
(i) Private or contract motor carrier; or
(ii) Common carrier in a motor vehicle under exclusive use for such service.
(l) For additional exceptions,
For
(a) The following materials are not subject to the requirements of this subchapter:
(1) Carbonated beverages.
(2) Tires when inflated to pressures not greater than their rated inflation pressures. For transportation by air, tires and tire assemblies must meet the conditions in § 175.8(b)(4) of this subchapter.
(3) Balls used for sports.
(4) Refrigerating machines, including dehumidifiers and air conditioners, and components thereof, such as precharged tubing containing:
(i) 12 kg (25 pounds) or less of a non-flammable, non-toxic gas;
(ii) 12 L (3 gallons) or less of ammonia solution (UN2672);
(iii) Except when offered or transported by air, 12 kg (25 pounds) or less of a flammable, non-toxic gas;
(iv) Except when offered or transported by air or vessel, 20 kg (44 pounds) or less of a Group A1 refrigerant specified in ANSI/ASHRAE Standard 15 (IBR, see § 171.7 of this subchapter); or
(v) 100 g (4 ounces) or less of a flammable, non-toxic liquefied gas.
(5) Manufactured articles or apparatuses, each containing not more than 100 mg (0.0035 ounce) of inert gas and packaged so that the quantity of inert gas per package does not exceed 1 g (0.35 ounce).
(6) Light bulbs, provided they are packaged so that the projectile effects of any rupture of the bulb will be contained within the package.
(b) [Reserved]
(a)
(1) The lighter must contain a fuel reservoir not exceeding 4 fluid ounces capacity (7.22 cubic inches), and must contain not more than 10 grams (0.35 ounce) of flammable gas.
(2) The maximum filling density may not exceed 85 percent of the volumetric capacity of each fluid reservoir at 15 °C (59 °F).
(3) Each lighter design, including closures, must be capable of withstanding, without leakage or rupture, an internal pressure of at least two times the pressure of the flammable gas at 55 °C (131 °F).
(4) Each appropriate lighter design must be examined and successfully tested by a person or agency (authorized testing agency) who is authorized by the Associate Administrator to perform such examination and testing under the provisions of subpart E of part 107 of this chapter and who—
(i) Has the equipment necessary to perform the testing required to the level of accuracy required;
(ii) Is able to demonstrate, upon request, the knowledge of the testing procedures and requirements of the HMR relative to lighters;
(iii) Does not manufacture or market lighters, is not financially dependent or owned in whole or in part, by any entity that manufactures or markets lighters;
(iv) Is a resident of the United States; and
(v) Performs all examination and testing in accordance with the requirements of paragraph (b)(3) and (4) of this section.
(5) The Associate Administrator will assign an identification code to each person who is authorized to examine and test lighters. This identification code must be incorporated into a unique test report identifier for each successfully tested lighter design.
(b)
(2)
(i) The samples must be transported only to an authorized testing agency;
(ii) No more than 12 lighters may be packaged in a single outer packaging;
(iii) Inner packagings must conform to the requirements of paragraph (c)(1) of this section. For transportation by aircraft, intermediate or outer packagings must meet the pressure differential requirements of § 173.27(c) of this part;
(iv) The outer packaging must conform to the requirements of Subpart M of Part 178 of this subchapter at the Packing Group I performance level and to the requirements of § 173.24 of this subpart;
(v) The word “sample” must appear on the shipping paper as part of the proper shipping name or in association with the basic description; and
(vi) In addition to other required markings and labels, the package must be marked “SAMPLE FOR EXAMINATION AND TESTING.”
(vii) All other applicable requirements of this subchapter must be met.
(3)
(i) A minimum of six lighters must be examined and tested at one time. Store the lighters in a desiccator for 24 hours. After drying, weigh each lighter on an analytical balance capable of accurately measuring to within
(ii) After weighing, place the lighters together in an explosion-proof, controlled-temperature laboratory oven capable of maintaining 38 ± 1 °C (100 ± 2 °F) for 96 continuous hours (4 days). At the end of 96 hours, remove the lighters from the oven and place them in the same desiccator and allow the lighters to cool to ambient temperature.
(iii) After cooling, weigh each lighter and determine the net weight differences for each lighter tested (subtract the mass after oven exposure from the original mass before oven exposure).
(iv) Weight losses must be assessed to determine the quantity of gas that leaked from the lighters and from the weight change as a result of absorbed moisture. If the net weight has increased, the test facility must run the required test using six empty lighters in parallel with the six filled lighters. The parallel tests are conducted to determine the weight of moisture absorbed in the plastic in order to determine the weight loss of the lighters from gas leakage.
(v) If the net weight loss for any one of the six lighters exceeds 20 milligrams (0.020 grams), the design must be rejected.
(vi) Lighters manufactured to a rejected lighter design may not be offered for transportation or transported in commerce unless approved in writing by the Associate Administrator.
(4)
(A) Name and address of test facility;
(B) Name and address of applicant;
(C) A test report identifier, that is, the authorized person or agency identifier code immediately followed by an alpha/numeric identifier of four or more characters assigned to the specific lighter design by the authorized person or agency (e.g., “LAA****,” where, “LAA” is the identification code assigned to the authorized person or agency by the Associate Administrator and “****” is replaced with the unique test report identifier assigned to the specific lighter design by the authorized person or agency);
(D) Manufacturer of the lighter. For a foreign manufacturer, the U.S. agent or importer must be identified;
(E) Description of the lighter design type (e.g., model, dimensions, ignition mechanism, reservoir capacity, lot/batch number) in sufficient detail to ensure conformance with paragraph (b)(4)(iii) of this section; and
(F) A certification by the authorized testing agency that the lighter design conforms to paragraph (a) of this section and passes or does not pass the required leakage test in paragraph (b) of this section.
(ii) For as long as any lighter design is in production and for at least three years thereafter, a copy of each lighter's test report must be maintained by the authorized testing agency that performed the examination and testing and the manufacturer of the design. For a foreign manufacturer, each test report must be maintained in accordance with this paragraph by the foreign manufacturer's U.S. agent or importer.
(iii) Test reports must be traceable to a specific lighter design and must be made available to a representative of the Department upon request.
(5)
(c)
(2)
(d)
(2) In addition to the requirements of subpart D of part 172, a lighter design test report identifier (see paragraph (b)(4)(i)(C) of this section) or, if applicable, the previously issued approval number (
(3) For transportation by vessel in a closed transport vehicle or a closed freight container, the following warning must be affixed to the access doors:
The warning must be on a contrasting background and must be in letters measuring at least 12.7 mm (0.5 inch) in height.
(e)
(2)
(i) No person may offer for transportation or transport the lighters or prepare the lighters for shipment unless that person has been specifically informed of the requirements of this section;
(ii) Lighters must be placed in an inner packaging that is designed to prevent accidental activation of the ignition device or valve, release of gas, and movement of the lighters (
(iii) Inner packagings must be placed in a securely closed rigid outer packaging that limits movement of the inner packagings and protects them from damage;
(iv) The outer package may contain not more than 300 lighters;
(v) A transport vehicle may carry not more than 1,500 lighters at any one time;
(vi) The lighters may not be placed in an outer packaging with other hazardous materials; and
(vii) Outer packagings must be plainly and durably marked with the words “LIGHTERS, excepted quantity.”
(a) Fire extinguishers charged with a limited quantity of compressed gas to not more than 1660 kPa (241 psig) at 21 °C (70 °F) are excepted from labeling (except when offered for transportation by air) and the specification packaging requirements of this subchapter when shipped under the following conditions. In addition, shipments are not subject to subpart F of part 172 of this subchapter, to part 174 of this subchapter except § 174.24 or to part 177 of this subchapter except § 177.817.
(1) Each fire extinguisher must have contents which are nonflammable, non-poisonous, and noncorrosive as defined under this subchapter.
(2) Each fire extinguisher must be shipped as an inner packaging.
(3) Nonspecification cylinders are authorized subject to the following conditions:
(i) The internal volume of each cylinder may not exceed 18 L (1,100 cubic inches). For fire extinguishers not exceeding 900 mL (55 cubic inches) capacity, the liquid portion of the gas plus
(ii) Each fire extinguisher manufactured on and after January 1, 1976, must be designed and fabricated with a burst pressure of not less than six times its charged pressure at 21 °C -(70 °F) when shipped;
(iii) Each fire extinguisher must be tested, without evidence of failure or damage, to at least three times its charged pressure at 21 °C (70 °F) but not less than 825 kPa (120 psig) before initial shipment, and must be marked to indicate the year of the test (within 90 days of the actual date of the original test) and with the words “MEETS DOT REQUIREMENTS.” This marking is considered a certification that the fire extinguisher is manufactured in accordance with the requirements of this section. The words “This extinguisher meets all requirements of 49 CFR 173.306” may be displayed on fire extinguishers manufactured prior to January 1, 1976; and
(iv) For any subsequent shipment, each fire extinguisher must be in compliance with the retest requirements of the Occupational Safety and Health Administration Regulations of the Department of Labor, 29 CFR 1910.157.
(4) Specification 2P or 2Q (§§ 178.33 and 178.33a of this subchapter) inner nonrefillable metal packagings are authorized for use as fire extinguishers subject to the following conditions:
(i) The liquid portion of the gas plus any additional liquid or solid may not completely fill the packaging at 55 °C (130 °F);
(ii) Pressure in the packaging shall not exceed 1250 kPa (181 psig) at 55 °C (130 °F). If the pressure exceeds 920 kPa (141 psig) at 55 °C (130 °F), but does not exceed 1100 kPa (160 psig) at 55 °C (130 °F), a specification DOT 2P inner metal packaging must be used; if the pressure exceeds 1100 kPa (160 psig) at 55 °C (130 °F), a specification DOT 2Q inner metal packaging must be used. The metal packaging must be capable of withstanding, without bursting, a pressure of one and one-half times the equilibrium pressure of the contents at 55 °C (130 °F); and
(iii) Each completed inner packaging filled for shipment must have been heated until the pressure in the container is equivalent to the equilibrium pressure of the contents at 55 °C (130 °F) without evidence of leakage, distortion, or other defect.
(b) Specification 3A, 3AA, 3E, 3AL, 4B, 4BA, 4B240ET or 4BW (§§ 178.36, 178.37, 178.42, 178.46, 178.50, 178.51, 178.55 and 178.61 of this subchapter) cylinders are authorized for use as fire extinguishers.
Radiation detectors, radiation sensors, electron tube devices, or ionization chambers, herein referred to as “radiation detectors,” that contain only Division 2.2 gases, are excepted from the specification packaging in this subchapter and, except when transported by air, from labeling and placarding requirements of this subchapter when designed, packaged, and transported as follows:
(a) Radiation detectors must be single-trip, hermetically sealed, welded metal inside containers that will not fragment upon impact.
(b) Radiation detectors must not have a design pressure exceeding 4.83 MPa (700 psig) and a capacity exceeding 355 fluid ounces (641 cubic inches). They must be designed and fabricated with a burst pressure of not less than three times the design pressure if the radiation detector is equipped with a pressure relief device, and not less than four times the design pressure if the detector is not equipped with a pressure relief device.
(c) Radiation detectors must be shipped in a strong outer packaging capable of withstanding a drop test of at least 1.2 meters (4 feet) without breakage of the radiation detector or rupture of the outer packaging. If the radiation detector is shipped as part of other equipment, the equipment must be packaged in strong outer packaging or
(d) Emergency response information accompanying each shipment and available from each emergency response telephone number for radiation detectors must identify those receptacles that are not fitted with a pressure relief device and provide appropriate guidance for exposure to fire.
The following packing instruction is applicable to transportable UN Metal hydride storage systems (UN3468) with pressure receptacles not exceeding 150 liters (40 gallons) in water capacity and having a maximum developed pressure not exceeding 25 MPa. Metal hydride storage systems must be designed, constructed, initially inspected and tested in accordance with ISO 16111 (IBR,
(a)
(2) The MEGC must conform to the design, construction, inspection and testing requirements prescribed in § 178.75 of this subchapter.
(3) No person may offer or accept a hazardous material for transportation in a MEGC that is damaged to such an extent that the integrity of the pressure receptacles or the MEGC's structural or service equipment may be affected.
(4) No person may fill or offer for transportation a pressure receptacle in a MEGC if the pressure receptacle or the MEGC is due for periodic requalification, as prescribed in subpart C to part 180 of this subchapter. However, this restriction does not preclude transportation of pressure receptacles filled and offered for transportation prior to the requalification due date.
(5) Prior to filling and offering a MEGC for transportation, the MEGC's structural and service equipment must be visually inspected. Any unsafe condition must be corrected before the MEGC is offered for transportation. All required markings must be legible.
(6) Except for Division 2.2 permanent gases, each pressure receptacle must be equipped with an individual shutoff valve that must be tightly closed while in transit. For Division 2.1, Division 2.2 liquefied gases and 2.3 gases, the manifold must be designed so that each pressure receptacle can be filled separately and be kept isolated by a valve capable of being closed during transit. For Division 2.1 gases, the pressure receptacles must be isolated by a valve into assemblies of not more than 3,000 L.
(b)
(2) After each filling, the shipper must verify the leakproofness of the closures and equipment. Each fill opening must be closed by a cap or plug.
(c)
The UN Portable Tank Table for Liquefied Compressed Gases is referenced in § 172.102(c)(7)(iii) of this subchapter
(a)
(b)
(2) Tank car tanks must not contain gases capable of combining chemically and must not be loaded with any gas which combines chemically with the gas previously loaded therein, until all residue has been removed and interior of tank thoroughly cleaned.
(3) For tanks of the DOT-106A and 110A class, the tanks must be placed in position and attached to car structure by the shipper.
(4) Wherever the word “approved” is used in this part of the regulations, it means approval by the Association of American Railroads Committee on Tank Cars as prescribed in § 179.3 of this subchapter.
(5) Each tank car used for the transportation of anhydrous ammonia or any material that meets the criteria of Division 2.1 or 2.3 must have gaskets for manway cover plates and for mounting of fittings designed (for temperature, application, media, pressure, and size) to create a positive seal so that, under conditions normally incident to transportation, there will not be an identifiable release of the material to the environment. The use of sealants to install gaskets is prohibited.
(c)
(d)
(i) The difference between the alternative and the required minimum plate thicknesses, based on the calculation prescribed in § 179.100-6 of this subchapter, is added to the alternative tank car jacket and head shield. When the jacket and head shield are made from any authorized steel with a minimum tensile strength from 70,000 p.s.i. to 80,000 p.s.i., but the required minimum plate thickness calculation is based on steel with a minimum tensile strength of 81,000 p.s.i., the thickness to be added to the jacket and head shield must be increased by a factor of 1.157. Forming allowances for heads are not required to be considered when calculating thickness differences as prescribed in this paragraph.
(ii) The tank car jacket and head shield must be manufactured from carbon steel plate as prescribed in § 179.100-7(a) of this subchapter.
(e)
(f) [Reserved]
(g) Special requirements for hydrogen chloride, refrigerated liquid, and vinyl fluoride,stabilized.
(1) The shipper shall notify the Federal Railroad Administration whenever a tank car is not received by the consignee within 20 days from the date of shipment. Notification to the Federal Railroad Administration may be made by e-mail to
(2) A tank car containing hydrogen chloride, refrigerated liquid must have the auxiliary valve on the pressure relief device closed during transportation.
(3) See § 179.102-17 of this subchapter for additional requirements.
(4) Tank cars containing hydrogen chloride, refrigerated liquid, must be unloaded to such an extent that any residue remaining in the tank at a reference temperature of 32 °C (90 °F) will not actuate the reclosing pressure relief device.
(h)-(i) [Reserved]
(j)
(k)
(l)
(m)
(n)
(o)
For
(a) Liquefied compressed gases that are transported in UN portable tanks, DOT specification portable tanks, or cargo tanks must be prepared in accordance with this section, § 173.32, § 173.33 and subpart E or subpart G of part 180 of this subchapter, as applicable. For cryogenic liquid in cargo tanks, see § 173.318. For marking requirements for portable tanks and cargo tanks, see § 172.326 and § 172.328 of this subchapter, as applicable.
(1)
(2)
(b) Maximum permitted filling densities for cargo and portable tank containers for transportation of butadiene, stabilized, and liquefied petroleum gas are as follows:
(1)
The lower limits of combustibility of the more commonly used liquefied petroleum gases are: Propane, 2.15 percent; butane, 1.55 percent. These figures represent volumetric percentages of gas-air mixtures in each case.
The use of 1.0 pound of ethyl mercaptan, 1.0 pound of thiophane, or 1.4 pounds of amyl mercaptan per 10,000 gallons of liquefied petroleum gas shall be considered sufficient to meet the requirements of § 173.315(b)(1). This note does not exclude the use of any other odorant in sufficient quantity to meet the requirements of § 173.315(b)(1).
(c) Except as otherwise provided, the loading of a liquefied gas into a cargo tank or portable tank shall be determined by weight or by a suitable liquid level gauging device. The vapor pressure (psig) at 115 °F. must not exceed the design pressure of the cargo tank or portable tank container. The outage and filling limits for liquefied gases must be as prescribed in § 173.24b of this part, except that this requirement does not apply to:
(1)
(2)
(d) If the loading of cargo tanks and portable tank containers with liquefied gases is to be determined by weight, the gross weight shall be checked after the filling line is disconnected in each instance. The gross weight shall be calculated from the tank capacity and tare weight set forth on the metal plate required by the specification, and the maximum filling density permitted for the material being loaded into the tank as set forth in the table, paragraph (a) of this section.
(e) If the loading of cargo tanks and portable tank containers with liquefied gases is to be determined by adjustable liquid level device, each tank and each compartment thereof shall have a thermometer well, so that the internal liquid temperature can easily be determined, and the amount of liquid in the tank shall be corrected to a 60 °F. basis. Liquid levels shall not exceed a level corresponding to the maximum filling density permitted for the material being loaded into the tank as set forth in the table in paragraph (a) of this section.
(f) When the loading of cargo tanks and portable tank containers with liquefied gases is determined only by fixed length dip tube or other fixed maximum liquid level indicator, the device shall be arranged to function at a level not to exceed the maximum permitted volume prescribed by the table, paragraph (a) of this section. Loading shall be stopped when the device functions.
(g) Containers, the liquid level of which has been determined by means of a fixed length dip tube gauging device, shall not be acceptable for stowage as cargo on vessels in commerce subject to the jurisdiction of the United States Coast Guard. Nothing contained in this section shall be so construed as to prohibit the transportation on car floats or car ferries of motor vehicles laden with containers nor cargo tanks the liquid level of either of which has been determined by means of fixed length dip tube devices.
(h) Each cargo tank and portable tank, except a tank filled by weight, must be equipped with one or more of the gauging devices described in the following table which indicate accurately the maximum permitted liquid level. Additional gauging devices may be installed but may not be used as primary controls for filling of cargo tanks and portable tanks. Gauge glasses are not permitted on any cargo tank or portable tank. Primary gauging devices used on cargo tanks of less than 3500 gallons water capacity are exempt from the longitudinal location requirements specified in paragraphs (h)(2) and (3) of this section provided: The tank length does not exceed three times the tank diameter; and the cargo tank is unloaded within 24 hours after each filling of the tank.
(1) The design pressure of the liquid level gauging devices shall be at least equal to the design pressure of the tank.
(2) If the primary gauging device is adjustable, it must be capable of adjustment so that the end of the tube will be in the location specified in paragraph (h)(3) of this section for at least one of the ladings to be transported, at the filling level corresponding to an average loading temperature. Exterior means must be provided to indicate this adjustment. The gauging device must be legibly and permanently marked in increments not exceeding 20 Fahrenheit degrees (or not exceeding 25 p.s.i.g. on tanks for carbon dioxide, refrigerated liquid or nitrous oxide, refrigerated liquid), to indicate the maximum levels to which the tank may be filled with liquid at temperatures above 20 °F. However, if it is not practicable to so mark the gauging device, this information must be legibly and permanently marked on a plate affixed to the tank adjacent to the gauging device.
(3) A dip tube gauging device consists of a pipe or tube with a valve at its outer end with its intake limited by an orifice not larger than 0.060 inch in diameter. If a fixed length dip tube is
(4) Except on a tank used exclusively for the transportation of carbon dioxide, refrigerated liquid or nitrous oxide, refrigerated liquid, each opening for a pressure gauge must be restricted at or inside the tank by an orifice no larger than 0.060 inch in diameter. For carbon dioxide, refrigerated liquid or nitrous oxide, refrigerated liquid service, the pressure gauge need only be used during the filling operation.
(i) Each tank must be provided with one or more pressure relief devices which, unless otherwise specified in this part, must be of the spring-loaded type. Each valve must be arranged to discharge upward and unobstructed to the outside of the protective housing to prevent any impingement of escaping gas upon the tank. For each chlorine tank the protective housing must be in compliance with the requirements set forth in the applicable specification.
(1) The safety relief valves on each tank must meet the following conditions:
(i) The total relieving capacity, as determined by the flow formulas contained in Section 5 of CGA S-1.2 (IBR, see § 171.7 of this subchapter), must be sufficient to prevent a maximum pressure in the tank of more than 120 percent of the design pressure;
(ii) The flow capacity rating, testing and marking must be in accordance with Sections 5, 6 and 7 of CGA Pamphlet S-1.2.
(iii) For an insulated tank, the required relieving capacity of the relief devices must be the same as for an uninsulated tank, unless the insulation will remain in place and will be effective under fire conditions. In this case, except for UN portable tanks, each insulated tank must be covered by a sheet metal jacket of not less than 16 gauge thickness. For UN portable tanks where the relieving capacity of the valves has been reduced on the basis of the insulation system, the insulation system must remain effective at all temperatures less than 649 °C (1200.2 °F) and be jacketed with a material having a melting point of 700 °C (1292.0 °F) or greater.
(iv) An MC 330 cargo tank that has relief valves sized by Fetterly's formula dated November 27, 1928, may be continued in service.
(2) Each safety relief valve must be arranged to minimize the possibility of tampering. If the pressure setting or adjustment is external to the valve, the safety relief valve must be provided with means for sealing the adjustment and it must be sealed.
(3) Each safety relief valve on a portable tank, other than a UN portable tank, must be set to start-to-discharge at pressure no higher than 110% of the tank design pressure and no lower than the design pressure specified in paragraph (a) of this section for the gas transported. For UN portable tanks used for liquefied compressed gases and constructed in accordance with the requirements of § 178.276 of this subchapter, the pressure relief device(s) must conform to § 178.276(e) of this subchapter.
(4) Except for UN portable tanks, each safety relief valve must be plainly and permanently marked with the pressure in p.s.i.g. at which it is set to discharge, with the actual rate of discharge of the device in cubic feet per minute of the gas or of air at 60 °F (15.6 °C) and 14.7 p.s.i.a., and with the manufacturer's name or trade name and catalog number. The start-to-discharge valve marking must be visible after the valve is installed. The rated discharge capacity of the device must be determined at a pressure of 120% of the design pressure of the tank. For UN portable tanks, each pressure relief device must be clearly and permanently marked as specified in § 178.274(f)(1) of this subchapter.
(5) Each safety relief valve must have direct communication with the vapor space in the tank.
(6) Each connection to a safety relief valve must be of sufficient size to provide the required rate of discharge through the safety relief valve.
(7) [Reserved]
(8) Each pressure relief valve outlet must be provided with a protective device to prevent the entrance and accumulation of dirt and water. This device must not impede flow through the valve. Pressure relief devices must be designed to prevent the entry of foreign matter, the leakage of liquid and the development of any dangerous excess pressure.
(9) On tanks for carbon dioxide, refrigerated liquid or nitrous oxide, refrigerated liquid each safety relief device must be installed and located so that the cooling effect of the contents will not prevent the effective operation of the device. In addition to the required safety relief valves, these tanks may be equipped with one or more pressure controlling devices.
(10) Each tank for carbon dioxide, refrigerated liquid also may be equipped with one or more non-reclosing pressure relief devices set to function at a pressure not over two times nor less than 1.5 times the design pressure of the tank.
(11) Each portion of connected liquid piping or hose that can be closed at both ends must be provided with a safety relief valve without an intervening shut-off valve to prevent excessive hydrostatic pressure that could burst the piping or hose.
(12) Subject to conditions of paragraph (a) of this section for the methyl chloride and sulfur dioxide optional portable tanks, one or more fusible plugs examined by the Bureau of Explosives and approved by the Associate Administrator may be used on these tanks in place of safety relief valves of the spring-loaded type. The fusible plug or plugs must be in accordance with CGA Pamphlet S-1.2, to prevent a pressure rise in the tank of more than 120 percent of the design pressure. If the tank is over 30 inches long, each end must have the total specified safety discharge area.
(13) A safety relief valve on a chlorine cargo tank must conform to one of the following standards of The Chlorine Institute, Inc.: Type 1
(j)
(i) Each container must be constructed in compliance with the requirements in Section VIII of the ASME Code (IBR, see § 171.7 of this subchapter) and must be marked to indicate compliance in the manner specified by the respective Code. Containers built in compliance with earlier editions starting with 1943 are authorized.
(ii) Each container must be equipped with safety devices in compliance with the requirements for safety devices on containers as specified in NFPA 58, Liquefied Petroleum Gas Code (IBR, see § 171.7 of this subchapter).
(iii) The containers must be braced or otherwise secured on the vehicle to prevent relative motion while in transit. Valves or other fittings must be adequately protected against damage during transportation. (See § 177.834(a) of this subchapter).
(2) Storage containers with a water capacity not exceeding 500 gallons charged with liquefied petroleum gas to more than five percent of their capacity and intended for permanent installation on consumer premises may be transported by private motor carrier one-way only from the consumer's premises to the container owner's nearest facility under the following conditions:
(i) Each container must be constructed in compliance with the requirements in Section VIII of the ASME Code and must be marked to indicate compliance in the manner specified by the respective Code.
(ii) Maximum permitted filling density may not exceed that specified in paragraph (b) of this section.
(iii) Prior to loading on a motor vehicle, the container must be inspected by a trained and qualified person for leaks, corroded or abraded areas, dents, distortions, weld defects, or other condition that may render the container unsafe for transportation. A record of the inspection must be legibly signed and dated by the person performing the
(iv) Only one storage container may be transported on a motor vehicle.
(v) For loading on a motor vehicle, the container must be lifted by slings, which must be completely wrapped around the container. Lifting lugs may not be used. The slings must be rated to a weight sufficient to accommodate the container and its lading and shall comply with ASME B30.9 on slings used for lifting purposes, and must be visually inspected prior to each use. A sling showing evidence of tears, fraying, or other signs of excessive wear may not be used.
(vi) The storage container must be secured on a motor vehicle so that the container is completely within the envelope of the vehicle and does not extend beyond the vehicle frame.
(vii) The storage container must be placed on the vehicle in a manner, such as in a cradle, which ensures that no weight is placed on the supporting legs during transportation.
(viii) The storage container must be secured against movement during transportation. Bracing must conform with the requirements of paragraph (j)(1)(iii) of this section and § 177.834(a) of this subchapter and with Section 6-5.2 of NFPA 58, Liquefied Petroleum Gas Code. Straps or chains used as tie-downs must be rated to exceed the maximum load to be transported and conform to the requirements in §§ 393.100 through 393.106 of this title.
(ix) Tow trailers used to transport storage containers in accordance with this paragraph (j)(2) must provide rear end protection that conforms to requirements in § 393.86 of this title.
(3) Storage containers of less than 1,042 pounds water capacity (125 gallons) may be shipped when charged with liquefied petroleum gas in compliance with DOT filling density.
(k) A nonspecification cargo tank meeting, and marked in conformance with, the edition of Section VIII of the ASME Code in effect when it was fabricated may be used for the transportation of liquefied petroleum gas provided it meets all of the following conditions:
(1) It must have a minimum design pressure no lower than 250 psig.
(2) It must have a capacity of 13,247.5 L (3,500 water gallons) or less.
(3) It must have been manufactured in conformance with Section VIII of the ASME Code prior to January 1, 1981, according to its ASME name plate and manufacturer's data report.
(4) It must conform to the applicable provisions of NFPA 58, except to the extent that provisions in NFPA 58 are inconsistent with requirements in parts 178 and 180 of this subchapter.
(5) It must be inspected, tested, and equipped in accordance with subpart E of part 180 of this subchapter as specified for MC 331 cargo tank motor vehicles.
(6) Except as provided in this paragraph (k), it must be operated exclusively in intrastate commerce, including its operation by a motor carrier otherwise engaged in interstate commerce, in a state where its operation was permitted by law (not including the incorporation of this subchapter) prior to January 1, 1981. A cargo tank motor vehicle operating under authority of this section may cross state lines to travel to and from a qualified assembly, repair, maintenance, or requalification facility. The cargo tank need not be cleaned and purged, but it may not contain liquefied petroleum gas in excess of five percent of the water capacity of the cargo tank. If the vehicle engine is supplied fuel from the cargo tank, enough fuel in excess of five percent of the cargo tank's water capacity may be carried for the trip to or from the facility.
(7) It must have been used to transport liquefied petroleum gas prior to January 1, 1981.
(8) It must be operated in conformance with all other requirements of this subchapter.
(l) Anhydrous ammonia must not be offered for transportation or transported in specification MC 330 and MC 331 cargo tanks constructed of quenched and tempered (“QT”) steel except as provided in this paragraph.
(1) The ammonia must have a minimum water content of 0.2 percent by weight. Any addition of water must be made using steam condensate, deionized, or distilled water.
(2) Except as otherwise provided in this paragraph, each person offering for transportation or transporting anhydrous ammonia shall perform a periodic analysis for prescribed water content in the ammonia. The analysis must be performed:
(i) From a sample of the ammonia in storage taken at least once every 7 days, or each time ammonia is added to the storage tanks, whichever is less frequent; or
(ii) At the time the cargo tanks are loaded, then a sample of the ammonia taken from at least one loaded cargo tank out of each 10 loads, or from one cargo tank every 24 hours, whichever is less frequent; or
(iii) At the same frequency as described in paragraph (l)(2)(ii) of this section, from a sample taken from the loading line to the cargo tank.
(3) If water is added at the time of loading:
(i) The sample for analysis must be taken from a point in the loading line between the water injection equipment and the cargo tank; and
(ii) Positive provisions must be made to assure water injection equipment is operating.
(4) If water injection equipment becomes inoperative, suitable corrective maintenance must be performed after which a sample from the first loaded cargo tank must be analyzed for prescribed water content.
(5) The analysis method for water content must be as prescribed in CGA G-2.2, “Tentative Standard Method for Determining Minimum of 0.2 percent water in Anhydrous Ammonia,” (IBR, see § 171.7 of this subchapter).
(6) Records indicating the results of the analysis taken, as required by this paragraph, must be retained for 2 years and must be open to inspection by a representative of the Department.
(7) Each person receiving anhydrous ammonia containing 0.2 per cent water by weight may offer for transportation or transport that ammonia without performing the prescribed analysis for water content provided:
(i) The ammonia received was certified as containing 0.2 percent water as prescribed in §§ 172.203(h)(l)(i) and 177.817(a) of this subchapter; and
(ii) The amount of water in the ammonia has not been reduced by any means.
(m)
(i) Has a minimum design pressure of 250 psig, meets the requirements of the edition of Section VIII of the ASME Code in effect at the time it was manufactured, and is marked with a valid ASME plate.
(ii) Is equipped with pressure relief valves meeting the requirements of CGA Standard S-1.2 (IBR, see § 171.7 of this subchapter);
(iii) Is painted white or aluminum;
(iv) Has a capacity of 3,000 gallons or less;
(v) Is loaded to a filling density no greater than 56 percent;
(vi) Is securely mounted on a farm wagon or meets paragraph (m)(3) of this section; and
(vii) Is in conformance with the requirements of part 172 of this subchapter except that shipping papers are not required; and it need not be marked or placarded on one end if that end contains valves, fittings, regulators or gauges when those appurtenances prevent the markings and placard from being properly placed and visible.
(2)
(i) Each nurse tank must undergo an external visual inspection and testing in accordance with § 180.407(d) of this subchapter.
(ii) Each nurse tank must be thickness tested in accordance with § 180.407(i) of this subchapter. A nurse tank with a capacity of less than 1,500 gallons must have a minimum head thickness of 0.203 inch and a minimum shell thickness of 0.239 inch. A nurse tank with a capacity of 1,500 gallons or more must have a minimum thickness of 0.250 inch. Any nurse tank with a thickness test reading of less than that specified in this paragraph at any point must be removed from hazardous materials service.
(iii) Each nurse tank must be pressure tested in accordance with § 180.407(g) of this subchapter. The minimum test pressure is 375 psig. Pneumatic testing is not authorized.
(iv) Each nurse tank must be inspected and tested by a person meeting the requirements of § 180.409(d) of this subchapter. Furthermore, each nurse tank must have the tests performed at least once every five years after the completion of the initial tests.
(v) After each nurse tank has successfully passed the visual, thickness, and pressure tests, welded repairs on the tank are prohibited.
(vi) After the nurse tank has successfully passed the visual, thickness, and pressure tests, it must be marked in accordance with § 180.415(b), and permanently marked near the test and inspection markings with a unique owner's identification number in letters and numbers at least
(vii) Each nurse tank owner must maintain a copy of the test inspection report prepared by the inspector. The test report must contain the results of the test and meet the requirements in § 180.417(b) and be made available to a DOT representative upon request.
(3)
(i) The tank is in conformance with all the requirements of paragraph (m)(1) of this section, except that the requirement in paragraph (m)(1)(vi) does not apply;
(ii) The tank is inspected and tested in accordance with subpart E of part 180 of this subchapter as specified for an MC 331 cargo tank;
(iii) The tank is restricted to rural roads in areas within 50 miles of the fertilizer distribution point where the nurse tank is loaded; and
(iv) For the purposes of this section, a field truck means a vehicle on which a nurse tank is mounted that is designed to withstand off-road driving on hilly terrain. Specifically, the vehicle must be outfitted with stiffer suspension (for example, additional springs or airbags) than would be necessary for a comparable on-road vehicle, a rear axle ratio that provides greater low end torque, and a braking system and tires designed to ensure stability in hilly terrain. The field truck must have low annual over-the-road mileage and be used exclusively for agricultural purposes.
(n)
(2)
(i) Designed flow of product through a bypass in the valve is acceptable when authorized by this subchapter.
(ii) The design for the means to automatically shut off product flow must be certified by a Design Certifying Engineer. The certification must consider any specifications of the original component manufacturer and must explain how the passive means to shut off the flow of product operates. It must also outline the parameters (e.g., temperature, pressure, types of product) within which the passive means to shut off the flow of product is designed to operate. All components of the discharge system that are integral to the design must be included in the certification. A copy of the design certification must be provided to the owner of the cargo tank motor vehicle on which the equipment will be installed.
(iii) Installation must be performed under the supervision of a Registered Inspector unless the equipment is installed and removed as part of regular operation (e.g., a hose). The Registered Inspector must certify that the equipment is installed and tested, if it is possible to do so without damaging the equipment, in accordance with the Design Certifying Engineer's certification. The Registered Inspector must provide the certification to the owner of the cargo tank motor vehicle.
(3)
(i) The emergency discharge control equipment must be installed under the supervision of a Registered Inspector. Each wireless transmitter/receiver must be tested to demonstrate that it will close the internal self-closing stop valve and shut off all motive and auxiliary power equipment at a distance of 91.44 m (300 feet) under optimum conditions. Emergency discharge control equipment that does not employ a
(ii) The Registered Inspector must certify that the remote control equipment is installed in accordance with the original component manufacturer's specifications and is tested in accordance with paragraph (n)(3)(i) of this section. The Registered Inspector must provide the owner of the cargo tank motor vehicle with this certification.
(4)
(5)
(ii) No MC 330, MC 331, or nonspecification cargo tank motor vehicle authorized under paragraph (k) of this section may be operated unless it has an appropriate emergency discharge control capability as specified in this paragraph (n) no later than the date of its first scheduled pressure retest required after July 1, 2001. No MC 330, MC 331 or nonspecification cargo tank motor vehicle authorized under paragraph (k) of this section may be operated after July 1, 2006, unless it has been equipped with emergency discharge control equipment as specified in this paragraph (n).
(iii) No MC 330 or MC 331 cargo tank motor vehicle with a capacity over 13,247 L (3,500 gallons) used in metered delivery service may be operated unless it has an appropriate discharge control capability as specified in this paragraph (n) no later than July 1, 2003, or the date of its first scheduled pressure retest required after July 1, 2001, whichever is earlier.
(o)
(1) Any hose, piping, or tubing used for loading or unloading that is mounted or carried on the motor vehicle may not be attached to any valve and must be capped at all ends to prevent the entry of moisture, except at the time of loading or unloading. Except at the time of loading and unloading, the pipe connection of each angle valve must be closed with a screw plug which is chained or otherwise fastened to prevent misplacement.
(2) Each chlorine cargo tank motor vehicle angle valve must be tested to be leak free at not less than 225 psig using dry air or inert gas before installation and thereafter every 2 years when performing the required periodic retest in § 180.407(c) of this subchapter. Prior to each loading, the cargo tank motor vehicle must be inspected and the angle valves and gasketed joints must be examined and tested at a pressure of not less than 50 psig to determine that they are not leaking and are in proper condition for transportation. Any leaks must be corrected before the cargo tank motor vehicle is offered for transportation.
(3) Excess flow valves on the cargo tank motor vehicle must meet the requirements of paragraph (n) of this section.
(p)
(q) Manifolding is authorized for cargo tanks containing anhydrous ammonia provided each individual cargo tank is equipped with a pressure relief device or valves and gauging devices as required by paragraphs (h) and (i) of this section. Each valve must be tightly closed while the cargo tank is in transit. Each cargo tank must be filled separately.
For
(a)
(2) A cylinder may not be loaded with any material which may combine chemically with any residue in the packaging to produce an unsafe condition.
(3) The jacket covering the insulation on a cylinder used to transport any flammable cryogenic liquid must be made of steel.
(4) A valve or fitting made of aluminum with internal rubbing or abrading aluminum parts that may come in contact with oxygen in the cryogenic liquid form may not be installed on any cylinder used to transport oxygen, cryogenic liquid unless the parts are anodized in accordance with ASTM Standard B 580 (IBR, see § 171.7 of this subchapter).
(5) An aluminum valve, pipe or fitting may not be installed on any cylinder used to transport any flammable cryogenic liquid.
(6) Each cylinder must be provided with one or more pressure relief devices, which must be installed and maintained in compliance with the requirements of this subchapter.
(7) Each pressure relief device must be installed and located so that the cooling effect of the contents during venting will not prevent effective operation of the device.
(8) The maximum weight of the contents in a cylinder with a design service temperature colder than −320 °F. may not exceed the design weight marked on the cylinder (see § 178.35 of this subchapter).
(b)
(c)
(1) For purposes of this section, “filling density,” except for hydrogen, is defined as the percent ratio of the weight of lading in the packaging to the weight of water that the packaging will hold at 60 °F. (1 lb. of water = 27.737 cubic inches at 60 °F.).
(2) The cryogenic liquids of argon, nitrogen, oxygen, helium and neon must be loaded and shipped in accordance with the following table:
(3) Hydrogen (minimum 95 percent parahydrogen) must be loaded and shipped as follows:
The filling density for hydrogen, cryogenic liquid is defined as the percent ratio of the weight of lading in a packaging to the weight of water that the packaging will hold at minus 423 °F. The volume of the packaging at minus 423 °F is determined in cubic inches. The volume is converted to pounds of water (1 lb. of water = 27.737 cubic inches).
(i) Each cylinder must be constructed, insulated and maintained so that during transportation the total rate of venting shall not exceed 30 SCF of hydrogen per hour.
(ii) In addition to the marking requirements in § 178.35 of this subchapter, the total rate of venting in SCF per hour (SCFH) shall be marked on the top head or valve protection band in letters at least one-half inch high as follows: “VENT RATE**SCFH” (with the asterisks replaced by the number representing the total rate of venting, in SCF per hour).
(iii) Carriage by highway is subject to the conditions specified in § 177.840(a) of this subchapter.
(d)
(a)
(2) A cargo tank may not be loaded with any material that may combine chemically with any residue in the packaging to produce an unsafe condition (see § 178.338-15).
(3) The jacket covering the insulation on a tank used to transport a cryogenic liquid must be made of steel if the cryogenic liquid:
(i) Is to be transported by vessel (see § 176.76(g) of this subchapter); or
(ii) Is oxygen or a flammable material.
(4) A valve or fitting made of aluminum with internal rubbing or abrading aluminum parts that may come in contact with oxygen in the cryogenic liquid form may not be installed on any cargo tank used to transport oxygen, cryogenic liquid unless the parts are anodized in accordance with ASTM Standard B 580 (IBR, see § 171.7 of this subchapter).
(5) An aluminum valve, pipe or fitting, external to the jacket that retains lading during transportation may not be installed on any cargo tank used to transport oxygen, cryogenic liquid or any flammable cryogenic liquid.
(6) A cargo tank used to transport oxygen, cryogenic liquid must be provided with a manhole (see § 178.338-6 of this subchapter).
(b)
(A) A primary system of one or more pressure relief valves; and
(B) A secondary system of one of more frangible discs or pressure relief valves. For a tank in carbon monoxide service, the secondary system must be pressure relief valves only.
(ii)
(A) One or more pressure relief valves; or
(B) A combination of one or more pressure relief valves and one or more frangible discs.
(2)
(A) The primary pressure relief system must have a total flow capacity at a pressure not exceeding 120 percent of the tank's design pressure.
(B) The secondary pressure relief system must have a total flow capacity at a pressure not exceeding 150 percent of the tank's design pressure.
(C) The flow capacity and rating must be verified and marked by the manufacturer of the device in accordance with CGA Pamphlet S-1.2.
(ii)
(3)
(ii) Pressure relief devices must be either spring-loaded pressure relief valves or frangible discs. Pressure relief valves must be of a type that automatically open and close at predetermined pressures.
(4)
(A) Each pressure relief valve in the primary relief system must be set-to-discharge at a pressure no higher than 110 percent of the tank's design pressure.
(B) Each pressure relief device in the secondary pressure relief system must be designed to commence functioning at a pressure no lower than 130 percent and no higher than 150 percent of the tank's design pressure.
(ii) On a tank used in helium and atmospheric gas (except oxygen) cryogenic liquid service, the pressure relief devices in the pressure relief system must be designed to commence functioning at no higher than 150 percent of the tank's design pressure.
(5)
(i) One or more pressure control valves set at a pressure below the tank's design pressure.
(ii) One or more frangible discs set to function at a pressure not less than one and one-half times or more than two times the tank's design pressure.
(6)
(ii) On a tank used in helium and atmospheric gas (except oxygen) cryogenic liquid service, the maximum rate at which the tank is filled must not exceed the liquid flow capacity of the pressure relief valves rated at 150 percent of the tank's design pressure.
(7)
(ii) Each pressure relief valve must be arranged or protected to prevent the accumulation of foreign material between the relief valve and the atmospheric discharge opening in any relief piping. The arrangement must not impede flow through the device.
(iii) Each pressure relief valve must be designed and located to minimize the possibility of tampering. If the pressure setting or adjustment is external to the valve, the valve adjustment must be sealed.
(iv) Each pressure relief device must have direct communication with the vapor space of the tank at the midlength of the top centerline.
(v) Each pressure relief device must be installed and located so that the cooling effect of the contents during venting will not prevent the effective operation of the device.
(8)
(ii) A shut-off valve may be installed in a pressure relief system only when the required relief capacity is provided at all times.
(9)
(ii) On a vacuum-insulated cargo tank the jacket must be protected by a suitable relief device to release internal pressure. The discharge area of this device must be at least 0.00024 square inch per pound of water capacity of the tank. This relief device must function at a pressure not exceeding the internal design pressure of the jacket, calculated in accordance with Section VIII of the ASME Code (IBR, see § 171.7 of this subchapter), or 25 psig, whichever is less.
(10)
(ii) Each pressure relief valve must be plainly and permanently marked with the pressure, in psig, at which it is set-to-discharge, the discharge rate of the device in SCF per minute (SCFM) of free air, and the manufacturer's name or trade name and catalog number. The marked set-to-discharge pressure valve must be visible with the valve in its installed position. The rated discharge capacity of the device must be determined at a pressure of 120 percent of the design pressure of the tank.
(iii) Each pressure control valve must be plainly and permanently marked with the pressure, in psig, at which it is set-to-discharge.
(c)
(1) The weight of lading in the tank, based on the water capacity stamped on the nameplate (§ 178.338-18(a)(4) of this subchapter) and the appropriate maximum permitted filling density specified in paragraph (f) of this section; or
(2) The maximum weight of lading for which the cargo tank was designed, as marked on the specification plate (see § 178.338-18(b) of this subchapter).
(d)
(e)
(f)
(1) For purposes of this section, “filling density” is defined as the percent ratio of the weight of lading in the tank to the weight of water that the tank will hold at the design service temperature (one pound of water=27.737 cubic inches at 60 °F., or one gallon of water = 231 cubic inches at 60 °F. and weighs 8.32828 pounds).
(2)
(3)
(4)
(g)
(1) OWTT is based on the marked rated holding time (MRHT) of the cargo tank for the cryogenic liquid to be transported in the cargo tank. If the MRHT for the flammable cryogenic liquid is not displayed on or adjacent to the specification plate, this MRHT may be derived.
(2) The MRHT is converted to OWTT, in hours, as follows:
(i) For a tank with an MRHT of 72 hours or less,
(ii) For a tank with an MRHT greater than 72 hours,
(3) Each cargo tank motor vehicle used to transport a flammable cryogenic liquid must be examined after each shipment to determine its actual holding time. The record required by § 177.840(h) of this subchapter may be used for this determination. If the examination indicates that the actual holding time of the cargo tank, after adjustment to reflect an average ambient temperature of 85 °F, is less than 90 percent of the marked rated holding time (MRHT) for the cryogenic liquid marked on the specification plate or adjacent thereto (see § 178.338-18(b) of this subchapter), the tank may not be refilled with any flammable cryogenic liquid until it is restored to its marked rated holding time value or it is re-marked with the actual marked rated holding time determined by this examination. If the name of the flammable cryogenic liquid that was transported and its marked rated holding time is not displayed on or adjacent to the specification plate, this requirement may be met by deriving the MRHT of the cargo tank for that flammable cryogenic liquid and comparing that derived MRHT with the actual holding time after adjustment.
For
(a)
(2) The amount of flammable cryogenic liquid loaded into a tank car must be determined, either by direct measurement or by calculation based on weight, to verify that the tank has not been filled to a level in excess of the limits specified in paragraph (d)(2) of this section. The weight of any flammable cryogenic liquid loaded, except hydrogen, must be checked by use of scales after disconnecting the loading line.
(3) The shipper shall notify the Federal Railroad Administration whenever a tank car containing any flammable cryogenic liquid is not received by the consignee within 20 days from the date of shipment. Notification to the Federal Railroad Administration may be made by e-mail to
(4) A tank car may not be loaded with any flammable cryogenic liquid:
(i) That may combine chemically with any residue in the tank to produce an unsafe condition,
(ii) That is colder than the design service temperature of the tank,
(iii) If the average daily pressure rise in the tank exceeded 3 psig during the prior shipment,
(iv) Unless it is marked with the name of contents, in accordance with § 172.330 of this subchapter.
(b) When a tank car containing a flammable cryogenic liquid is offered for transportation:
(1) At least 0.5 percent outage must be provided below the inlet of the pressure relief or pressure control valve at the start-to-discharge pressure setting of the valve, with the tank car in a level attitude, and
(2) The absolute pressure in the annular space must be less than 75 microns of mercury.
(c)
(d) A Class DOT-113 tank car is authorized for the shipment of the following cryogenic liquids subject to the following additional requirements:
(1) For purposes of this section, “filling density” is defined as the percent ratio of the weight of lading in the tank to the weight of water that the tank will hold at the design service temperature (one pound of water = 27.737 cubic inches at 60 °F., or one gallon of water = 231 cubic inches at 60 °F. and weighs 8.32828 pounds).
(2)
(e)
(2)
(i)
(ii)
(A) 120 percent of the appropriate standard heat transfer rate specified in § 179.401-1 of this subchapter, for DOT-113A60W and DOT-113C120W tank cars;
(B) 122.808 joules (0.1164 Btu/day/lb.) of inner tank car water capacity, for DOT-113A175W tank cars;
(C) 345.215 joules (0.3272 Btu/day/lb.) of inner tank car water capacity, for DOT-113C60W and 113D60W tank cars; or
(D) 500.09 joules (0.4740 Btu/day/lb.) of inner tank car water capacity, for DOT-113D120W tank cars.
(3) A tank car that fails a test prescribed in paragraph (e)(2) of this section must be removed from hazardous materials service. A tank car removed from hazardous materials service because it failed a test prescribed in paragraph (e)(2) of this section may not be used to transport a hazardous material unless the tank car conforms to all applicable requirements of this subchapter.
(4) Each rupture disc must be replaced every 12 months, and the replacement date must be marked on the car near the pressure relief valve information.
(5) Pressure relief valves and alternate pressure relief valves must be tested every five years. The start-to-discharge pressure and vapor tight pressure requirements for the pressure relief valves must be as specified in § 179.401-1 of this subchapter. The alternate pressure relief device values specified in § 179.401-1 of this subchapter for a DOT-113C120W tank car apply to a DOT-113D120W tank car.
(a) Atmospheric gases and helium, cryogenic liquids, in Dewar flasks, insulated cylinders, insulated portable tanks, insulated cargo tanks, and insulated tank cars, designed and constructed so that the pressure in such packagings will not exceed 25.3 psig under ambient temperature conditions during transportation are not subject to the requirements of this subchapter when transported by motor vehicle or railcar except as specified in paragraphs (a)(1), (a)(2), and (a)(3) of this section.
(1) Sections 171.15 and 171.16 of this subchapter pertaining to the reporting of incidents, not including a release that is the result of venting through a pressure control valve, or the neck of the Dewar flask.
(2) Subparts A, B, C, D, G and H of part 172, (§§ 174.24 for rail and 177.817 for highway) and in addition, part 172 in its entirety for oxygen.
(3) Subparts A and B of part 173, and §§ 174.1 and 177.800, 177.804, and 177.823 of this subchapter.
(b) The requirements of this subchapter do not apply to atmospheric gases and helium:
(1) During loading and unloading operations (pressure rises may exceed 25.3 psig); or
(2) When used in operation of a process system; such as a refrigeration system (pressure may exceed 25.3 psig).
(c) For transportation aboard aircraft, see the ICAO Technical Instructions (IBR, see § 171.7 of this subchapter), Packing Instruction 202 and the packaging specifications in part 6, chapter 5.
Ethylamine must be packaged as follows:
(a) In 1A1 drums which meet Packing Group I performance level requirements.
(b) In specification cylinders as prescribed for any compressed gas except acetylene.
Ethyl chloride must be packaged in any of the following single or combination non-bulk packagings which meet Packing Group I performance level requirements:
(a) In 4C1, 4C2, 4D or 4F wooden boxes with glass, earthenware, or metal inner receptacles not over 500 g (17.6 ounces) capacity each;
(b) In 4G fiberboard boxes with glass, earthenware, or metal inner receptacles not over 500 g (17.6 ounces) capacity each. Outer packagings may not exceed 30 kg (66 pounds) gross weight;
(c) In 1A1 drums of not over 100 L (26 gallons) capacity each; or
(d) In specification cylinders as prescribed for any compressed gas except acetylene. Cylinders made of aluminum alloy are not authorized.
(e) In capsules under the following conditions:
(1) The mass of gas must not exceed 150 g (5.30 ounces) per capsule;
(2) The capsule must be free of faults liable to impair its strength;
(3) The leakproofness integrity of the closure must be maintained by a secondary means (
(4) The capsules must be placed in a strong outer packaging suitable for the contents and may not exceed a gross mass of 75 kg (165 pounds).
(a) For packaging ethylene oxide in non-bulk packagings, silver mercury or any of its alloys or copper may not be used in any part of a packaging, valve, or other packaging appurtenance if that part, during normal conditions of transportation, may come in contact with ethylene oxide liquid or vapor. Copper alloys may be used only where gas mixtures do not contain free acetylene at any concentration that will form copper acetylene. All packaging and gaskets must be constructed of materials which are compatible with ethylene oxide and do not lower the auto-ignition temperature of ethylene oxide.
(b) Ethylene oxide must be packaged in one of the following:
(1) In hermetically sealed glass or metal inner packagings suitably cushioned in an outer package authorized by § 173.201(b). The maximum quantity permitted in any glass inner packaging is 100 g (3.5 ounces), and the maximum quantity permitted in any metal inner packaging is 340 g (12 ounces). After filling, each inner packaging shall be determined to be leak-tight by placing the inner packaging in a hot water bath at a temperature, and for a period of time, sufficient to ensure that an internal pressure equal to the vapor pressure of ethylene oxide at 55 °C is achieved. The total quantity in any outer packaging shall not exceed 100 g (3.5 ounces), and the total quantity in any outer packaging containing only metal inner packagings shall not exceed 2.5 kg (5.5 pounds). Each completed package must be capable of passing all Packing Group I performance tests.
(2) In specification cylinders or UN pressure receptacles, as authorized for any compressed gas except acetylene. Pressurizing valves and insulation are required for cylinders over 4 L (1 gallon) capacity. Eductor tubes must be provided for cylinders over 19 L (5 gallons) capacity. Cylinders must be seamless or welded steel (not brazed) with a nominal capacity of no more than 115 L (30 gallons) and may not be liquid full below 82 °C (180 °F). Before each refilling, each cylinder must be tested for leakage at no less than 103.4 kPa (15 psig) pressure. In addition, each cylinder must be equipped with a fusible type relief device with yield temperature of 69 °C to 77 °C (157 °F to
(3) In 1A1 steel drums of no more than 231 L (61 gallons) and meeting Packing Group I performance standards. The drum must be lagged of all welded construction with the inner shell having a minimum thickness of 1.7 mm (0.068 inches) and the outer shell having a minimum thickness of 2.4 mm (0.095 inches). Drums must be capable of withstanding a hydrostatic test pressure of 690 kPa (100 psig). Lagging must be of sufficient thickness so that the drum, when filled with ethylene oxide and equipped with the required pressure relief device, will not rupture when exposed to fire. The drum may not be liquid full below 85 °C (185 °F), and must be marked “THIS END UP” on the top head. Before each refilling, each drum must be tested for leakage at no less than 103 kPa (15 psig) pressure. Each drum must be equipped with a fusible type relief device with yield temperature of 69 °C to 77 °C (157 °F to 170 °F), and the capacity of the relief device must be such that the filled drum is capable of passing, without rupture, the test method described in CGA Pamphlet C-14 or other equivalent method.
(c) When § 172.101 of this subchapter specifies that a hazardous material be packaged under this section, only the following bulk packagings are authorized, subject to the requirements of subparts A and B of this part, the special provisions specified in column 7 of the § 172.101 table, and paragraphs (d) through (j) of this section:
(1)
(i) Each tank car built before March 16, 2009 must have a tank test pressure of at least 20.7 Bar (300 psig); and
(ii) Except as provided in § 173.314(d), tank cars built on or after March 16, 2009 used for the transportation of ethylene oxide must meet the applicable authorized tank car specification listed in the table in § 173.314(c).
(2)
(3)
(d) The pressure relief devices must be set to function at 517 kPa (75 psig). Portable tanks fitted with non-reclosing devices made and in use prior to December 31, 1987, may continue to be used in ethylene oxide service.
(e) In determining outage, consideration must be given to the lading temperature and solubility of inert gas padding in ethylene oxide as well as the partial pressure exerted by the gas padding.
(f) Each tank, loaded or empty, must be padded with dry nitrogen or other suitable inert gas of sufficient quantity to render the vapor space of the tank nonflammable up to 41 °C (105 °F). The gas used for padding must be free of impurities which may cause the ethylene oxide to polymerize, decompose or undergo other violent chemical reaction.
(g) Copper, silver, mercury, magnesium or their alloys may not be used in any part of the tank or appurtenances that are normally in contact with the lading.
(h) Neoprene, natural rubber and asbestos gaskets are prohibited. All packing and gaskets must be made of materials which do not react with or lower the autoignition temperature of the lading.
(i) Each tank must be insulated with cork (at least 10 cm (4 inches) thick), or mineral wool, fiberglass or other suitable insulation material of sufficient thickness so that the thermal conductance at 16 °C (60 °F) is not more than 0.075 Btu per hour per square foot per degree F. temperature differential. Portable tanks made and in use prior to December 31, 1987 equipped with fusible plugs instead of a pressure relief valve or rupture disc, must have sufficient insulation so that the tank as filled for shipment will not rupture in a fire. The insulation on portable tanks or cargo tank motor vehicles must be protected with a steel jacket at least 2.54 mm (0.100 inch) thick, or as required by the specification.
(j) Tank car tanks built after December 30, 1971 must be equipped with a thermometer well.
Hexaethyl tetraphosphate, parathion, tetraethyl dithio pyrophosphate, tetraethyl pyrophosphate, or other Division 6.1 organic phosphates (including a compound or mixture), may be mixed with a non-flammable compressed gas. This mixture may not contain more than 20 percent by weight of organic phosphate and must be packaged in DOT 3A240, 3AA240, 3B240, 4B240, 4BA240, 4BW240 or UN cylinders meeting all of the following requirements:
(a) Each cylinder may be filled with not more than 5 kg (11.0 lb) of the mixture, to a maximum filling density of not more than 80 percent of the water capacity.
(b) No cylinder may be equipped with an education tube or a fusible plug.
(c) No cylinder may be equipped with any valve unless the valve is a type approved by the Associate Administrator.
(d) Cylinders must be overpacked in a box, crate, or other strong outer packaging conforming to the requirements of § 173.25 and arranged to protect each valve or other closing device from damage. Except as provided in paragraph (e) of this section, no more than four cylinders may be packed in a strong outer packaging. Each strong outer packaging with its closing device protection must be sufficiently strong to protect all parts of each cylinder from deformation or leakage if the completed package is dropped 1.8 m (6 feet) onto a non-yielding surface, such as concrete or steel, impacting at the packaging's weakest point.
(e) Cylinders may be packed in strong wooden boxes with valves or other closing devices protected from damage, with not more than twelve cylinders in one outside wooden box. An outer fiberboard box may be used when not more than four such cylinders are to be shipped in one packaging. Valves must be adequately protected. Box and valve protection must be of sufficient strength to protect all parts of inner packagings and valves from deformation or breakage resulting from a drop of at least 1.8 m (6 feet) onto a non-yielding surface, such as concrete or steel, impacting at the weakest point.
At 67 FR 61014, Sept. 27, 2002, § 173.334(f) was amended, however, paragraph (f) does not exist in this section.
(a) Nitrogen dioxide, liquefied, or dinitrogen tetroxide, liquefied, must be packaged in specification or UN cylinders as prescribed in § 173.192, except valves are not authorized. UN tubes and MEGCs are not authorized for use. Cylinders must be equipped with a stainless steel valve and valve seat that will not deteriorate in contact with nitrogen dioxide. Each valve opening must be closed by a solid metal plug with tapered thread properly luted to prevent leakage. Transportation in DOT 3AL cylinders is authorized only by highway and rail.
(b) Each UN pressure receptacle must be cleaned in accordance with the requirements of ISO 11621 (IBR, see § 171.7 of this subchapter). Each DOT specification cylinder must be cleaned according to the requirements of GSA Federal Specification RR-C-901D, paragraphs 3.3.1 and 3.3.2 (IBR, see § 171.7 of this subchapter). Cleaning agents equivalent to those specified in RR-C-901D may be used; however, any cleaning agent must not be capable of reacting with oxygen. One cylinder selected at random from a group of 200 or fewer and cleaned at the same time must be tested for oil contamination in accordance with Specification RR-C-901D, paragraph 4.3.2 (IBR, see § 171.7 of this subchapter) and meet the standard of cleanliness specified therein.
(a) Nitric oxide must be packaged in cylinders conforming to the requirements of § 173.40 and as follows:
(1)
(2)
(3)
(b) Each UN cylinder must be cleaned in accordance with the requirements of ISO 11621 (IBR, see § 171.7 of this subchapter). Each DOT specification cylinder must be cleaned in compliance with the requirements of GSA Federal Specification RR-C-901D, paragraphs 3.3.1 and 3.3.2 (IBR, see § 171.7 of this subchapter). Cleaning agents equivalent to those specified in Federal Specification RR-C-901D may be used; however, any cleaning agent must not be capable of reacting with oxygen. One cylinder selected at random from a group of 200 or fewer and cleaned at the same time must be tested for oil contamination in accordance with Federal Specification RR-C-901D paragraph 4.3.2 and meet the standard of cleanliness specified therein.
(a) Tungsten hexafluoride must be packaged in specification 3A, 3AA, 3BN, or 3E (§§ 178.36, 178.37, 178.39, 178.42 of this subchapter) cylinders. Cylinders must be equipped with a valve protection cap or be packed in a strong outer packaging meeting the provisions of § 173.40. Outlets of any valves must be capped or plugged. As an alternative, the cylinder opening may be closed by the use of a metal plug. Specification 3E cylinders must be shipped in an overpack that meets the provisions of § 173.40.
(b) In place of the volumetric expansion test, DOT 3BN cylinders used in exclusive service may be given a complete external visual inspection in conformance with part 180, subpart C, of this subchapter, at the time such periodic requalification becomes due. Cylinders that undergo a complete external visual inspection, in place of the volumetric expansion test, must be condemned if removed from tungsten hexafluoride service.
(a) Packagings for tear gas devices must be approved prior to initial transportation by the Associate Administrator.
(b) Tear gas devices may not be assembled with, or packed in the same packaging with, mechanically- or manually-operated firing, igniting, bursting, or other functioning elements unless of a type and design which has been approved by the Associate Administrator.
(c) Tear gas grenades, tear gas candles, and similar devices must be packaged in one of the following packagings conforming to the requirements of part 178 of this subchapter at the Packing Group II performance level:
(1) In UN 4C1, 4C2, 4D, or 4F metal-strapped wooden boxes. Functioning elements not assembled in grenades or devices must be in a separate compartment of these boxes, or in inner or separate outer boxes, UN 4C1, 4C2, 4D, or 4F, and must be so packed and cushioned that they may not come in contact with each other or with the walls of the box during transportation. Not more than 50 tear gas devices and 50 functioning elements must be packed in one box, and the gross weight of the outer box may not exceed 35 kg (77 pounds).
(2) In a UN 1A2 metal drum. Functioning elements must be packed in a separate inner packaging or compartment. Not more than 24 tear gas devices and 24 functioning elements must
(3) In a UN 4G fiberboard box with inside tear gas devices meeting Specifications 2P or 2Q. Each inside packaging must be placed in fiberboard tubes fitted with metal ends or a fiber box with suitable padding. Not more than 30 inner packagings must be packed in one outer box, and the gross weight of the outer box may not exceed 16 kg (35 pounds).
(4) In other packagings of a type or design which has been approved by the Associate Administrator.
(d) Tear gas devices may be shipped completely assembled when offered by or consigned to the U.S. Department of Defense, provided the functioning elements are so packed that they cannot accidentally function. Outer packagings must be UN 4C1, 4C2, 4D, or 4F metal-strapped wooden boxes.
(a) This subpart sets forth requirements for the packaging and transportation of Class 7 (radioactive) materials by offerors and carriers subject to this subchapter. The requirements prescribed in this subpart are in addition to, not in place of, other requirements set forth in this subchapter for Class 7 (radioactive) materials and those of the Nuclear Regulatory Commission in 10 CFR part 71.
(b) This subpart does not apply to:
(1) Class 7 (radioactive) materials produced, used, transported, or stored within an establishment other than during the course of transportation, including storage in transportation.
(2) Class 7 (radioactive) materials that have been implanted or incorporated into, and are still in, a person or live animal for diagnosis or treatment.
(3) Class 7 (radioactive) material that is an integral part of the means of transport.
(4) Natural material and ores containing naturally occurring radionuclides which are not intended to be processed for use of these radionuclides, provided the activity concentration of the material does not exceed 10 times the values specified in § 173.436.
For purposes of this subpart—
(1)
(2)
(1) For transport by public highway or rail: any transport vehicle or large freight container;
(2) For transport by water: any vessel, or any hold, compartment, or defined deck area of a vessel including any transport vehicle on board the vessel; and
(3) For transport by aircraft, any aircraft.
(1) 3,000 times the A
(2) 3,000 times the A
(3) 1,000 TBq (27,000 Ci), whichever is least.
(1) LSA-I:
(i) Uranium and thorium ores, concentrates of uranium and thorium ores, and other ores containing naturally occurring radionuclides which are intended to be processed for the use of these radionuclides; or
(ii) Solid unirradiated natural uranium or depleted uranium or natural thorium or their solid or liquid compounds or mixtures; or
(iii) Radioactive material other than fissile material, for which the A
(iv) Other radioactive material, excluding fissile material in quantities not excepted under § 173.453, in which the activity is distributed throughout and the estimated average specific activity does not exceed 30 times the values for activity concentration specified in § 173.436, or 30 times the default values listed in Table 8 of § 173.433.
(2) LSA-II:
(i) Water with tritium concentration up to 0.8 TBq/L (20.0 Ci/L); or
(ii) Other radioactive material in which the activity is distributed throughout and the average specific activity does not exceed 10
(3) LSA-III. Solids (
(i) The radioactive material is distributed throughout a solid or a collection of solid objects, or is essentially uniformly distributed in a solid compact binding agent (such as concrete, bitumen, ceramic, etc.);
(ii) The radioactive material is relatively insoluble, or it is intrinsically contained in a relatively insoluble material, so that, even under loss of packaging, the loss of Class 7 (radioactive) material per package by leaching when placed in water for seven days would not exceed 0.1 A
(iii) The estimated average specific activity of the solid, excluding any shielding material, does not exceed 2 × 10
(1) “Excepted package” means a packaging together with its excepted Class 7 (radioactive) materials as specified in §§ 173.421-173.426 and 173.428.
(2) “Industrial package” means a packaging that, together with its low specific activity (LSA) material or surface contaminated object (SCO) contents, meets the requirements of §§ 173.410 and 173.411. Industrial packages are categorized in § 173.411 as either:
(i) “Industrial package Type 1 (IP-1)”;
(ii) “Industrial package Type 2 (IP-2)”; or
(iii) “Industrial package Type 3 (IP-3)”.
(3) “Type A package” means a packaging that, together with its radioactive contents limited to A
(4) “Type B package” means a packaging designed to transport greater than an A
(i) “Type B(U) package” means a Type B packaging that, together with its radioactive contents, for international shipments requires unilateral approval only of the package design and of any stowage provisions that may be necessary for heat dissipation.
(ii) “Type B(M) package” means a Type B packaging, together with its radioactive contents, that for international shipments requires multilateral approval of the package design, and may require approval of the conditions of shipment. Type B(M) packages are those Type B package designs which have a maximum normal operating pressure of more than 700 kPa/cm
(5) “Fissile material package” means a packaging, together with its fissile material contents, which meets the requirements for fissile material packages described in subpart E of 10 CFR 71. A fissile material package may be a Type AF package, a Type B(U)F package, or a Type B(M)F package.
(1) It is either a single solid piece or a sealed capsule containing radioactive material that can be opened only by destroying the capsule;
(2) The piece or capsule has at least one dimension not less than 5 mm (0.2 in); and
(3) It satisfies the test requirements of § 173.469. Special form encapsulations designed in accordance with the requirements of § 173.389(g) in effect on June 30, 1983 (see 49 CFR part 173, revised as of October 1, 1982), and constructed prior to July 1, 1985 and special form encapsulations designed in accordance with the requirements of § 173.403 in effect on March 31, 1996 (see 49 CFR part 173, revised as of October 1, 1995), and constructed prior to April 1, 1997, may continue to be used. Any other special form encapsulation must meet the requirements of this paragraph (3).
(1) SCO-I: A solid object on which:
(i) The non-fixed contamination on the accessible surface averaged over 300 cm
(ii) The fixed contamination on the accessible surface averaged over 300 cm
(iii) The non-fixed contamination plus the fixed contamination on the inaccessible surface averaged over 300 cm
(2) SCO-II: A solid object on which the limits for SCO-I are exceeded and on which:
(i) The non-fixed contamination on the accessible surface averaged over 300 cm
(ii) The fixed contamination on the accessible surface averaged over 300 cm
(iii) The non-fixed contamination plus the fixed contamination on the inaccessible surface averaged over 300 cm
(1)(i) “Natural uranium” means chemically separated uranium containing the naturally occurring distribution of uranium isotopes (approximately 99.28% uranium-238 and 0.72% uranium-235 by mass).
(ii) “Depleted uranium” means uranium containing a lesser mass percentage of uranium-235 than in natural uranium.
(iii) “Enriched uranium” means uranium containing a greater mass percentage of uranium-235 than 0.72%.
(2) In all cases listed in this definition, a very small mass percentage of uranium-234 is present.
In addition to the requirements of subparts A and B of this part, each package used for the shipment of Class 7 (radioactive) materials must be designed so that—
(a) The package can be easily handled and properly secured in or on a conveyance during transport.
(b) Each lifting attachment that is a structural part of the package must be designed with a minimum safety factor of three against yielding when used to lift the package in the intended manner, and it must be designed so that failure of any lifting attachment under excessive load would not impair the ability of the package to meet other requirements of this subpart. Any other structural part of the package which could be used to lift the package must be capable of being rendered inoperable for lifting the package during transport or must be designed with strength equivalent to that required for lifting attachments.
(c) The external surface, as far as practicable, will be free from protruding features and will be easily decontaminated.
(d) The outer layer of packaging will avoid, as far as practicable, pockets or crevices where water might collect.
(e) Each feature that is added to the package will not reduce the safety of the package.
(f) The package will be capable of withstanding the effects of any acceleration, vibration or vibration resonance that may arise under normal conditions of transport without any deterioration in the effectiveness of the closing devices on the various receptacles or in the integrity of the package as a whole and without loosening or unintentionally releasing the nuts, bolts, or other securing devices even after repeated use (see §§ 173.24, 173.24a, and 173.24b).
(g) The materials of construction of the packaging and any components or
(h) All valves through which the package contents could escape will be protected against unauthorized operation.
(i) For transport by air—
(1) The temperature of the accessible surfaces of the package will not exceed 50 °C (122 °F) at an ambient temperature of 38 °C (100 °F) with no account taken for insulation;
(2) The integrity of containment will not be impaired if the package is exposed to ambient temperatures ranging from −40 °C (−40 °F) to +55 °C (131 °F); and
(3) Packages containing liquid contents will be capable of withstanding, without leakage, an internal pressure that produces a pressure differential of not less than 95 kPa (13.8 lb/in
(a)
(b)
(2) Each IP-2 must meet the general design requirements prescribed in § 173.410 and when subjected to the tests specified in § 173.465(c) and (d) or evaluated against these tests by any of the methods authorized by § 173.461(a), must prevent:
(i) Loss or dispersal of the radioactive contents; and
(ii) A significant increase in the radiation levels recorded or calculated at the external surfaces for the condition before the test.
(3) Each IP-3 packaging must meet the requirements for an IP-1 and an IP-2, and must meet the requirements specified in § 173.412(a) through (j).
(4) Tank containers may be used as Industrial package Types 2 or 3 (Type IP-2 or Type IP-3) provided that:
(i) They satisfy the requirements for Type IP-1 specified in paragraph (b)(1);
(ii) They are designed to conform to the standards prescribed in Chapter 6.7, of the United Nations Recommendations on the Transport of Dangerous Goods, (IBR,
(iii) They are capable of withstanding a test pressure of 265 kPa (37.1 psig); and
(iv) They are designed so that any additional shielding which is provided shall be capable of withstanding the static and dynamic stresses resulting from handling and routine conditions of transport and of preventing a loss of shielding integrity which would result in more than a 20% increase in the radiation level at any external surface of the tank containers.
(5) Tanks, other than tank containers, including DOT Specification IM 101 or IM 102 steel portable tanks, may be used as Industrial package Types 2 or 3 (Type IP-2) or (Type IP-3) for transporting LSA-I and LSA-II liquids and gases as prescribed in Table 6, provided that they conform to standards at least equivalent to those prescribed in paragraph (b)(4) of this section.
(6) Freight containers may be used as Industrial packages Types 2 or 3 (Type IP-2) or (Type IP-3) provided that:
(i) The radioactive contents are restricted to solid materials;
(ii) They satisfy the requirements for Type IP-1 specified in paragraph (b)(1); and
(iii) They are designed to conform to the standards prescribed in the International Organization for Standardization document ISO 1496-1: “Series 1 Freight Containers—Specifications and Testing—Part 1: General Cargo Containers; excluding dimensions and ratings (IBR,
(A) Loss or dispersal of the radioactive contents; and
(B) Loss of shielding integrity which would result in more than a 20% increase in the radiation level at any external surface of the freight containers.
(7) Metal intermediate bulk containers may also be used as Industrial package Type 2 or 3 (Type IP-2 or Type IP-3), provided that:
(i) They satisfy the requirements for Type IP-1 specified in paragraph (b)(1); and
(ii) They are designed to conform to the standards prescribed in Chapter 6.5 of the United Nations Recommendations on the Transport of Dangerous Goods, (IBR, see § 171.7 of this subchapter), “Requirements for the Construction and Testing of Intermediate Bulk Containers,” for Packing Group I or II, and if they were subjected to the tests prescribed in that document, but with the drop test conducted in the most damaging orientation, they would prevent:
(A) Loss or dispersal of the radioactive contents; and
(B) Loss of shielding integrity which would result in more than a 20% increase in the radiation level at any external surface of the intermediate bulk containers.
(c) Except for IP-1 packagings, each offeror of an industrial package must maintain on file for at least one year after the latest shipment, and shall provide to the Associate Administrator on request, complete documentation of tests and an engineering evaluation or comparative data showing that the construction methods, packaging design, and materials of construction comply with that specification.
In addition to meeting the general design requirements prescribed in § 173.410, each Type A packaging must be designed so that—
(a) The outside of the packaging incorporates a feature, such as a seal, that is not readily breakable, and that, while intact, is evidence that the package has not been opened. In the case of packages shipped in closed transport vehicles in exclusive use, the cargo compartment, instead of the individual packages, may be sealed.
(b) The smallest external dimension of the package is not less than 10 cm (4 inches).
(c) Containment and shielding is maintained during transportation and storage in a temperature range of −40 °C (−40 °F) to 70 °C (158 °F). Special attention shall be given to liquid contents and to the potential degradation of the packaging materials within the temperature range.
(d) The packaging must include a containment system securely closed by a positive fastening device that cannot be opened unintentionally or by pressure that may arise within the package during normal transport. Special form Class 7 (radioactive) material, as demonstrated in accordance with § 173.469, may be considered as a component of the containment system. If the containment system forms a separate unit of the package, it must be securely closed by a positive fastening device that is independent of any other part of the package.
(e) For each component of the containment system account is taken, where applicable, of radiolytic decomposition of materials and the generation of gas by chemical reaction and radiolysis.
(f) The containment system will retain its radioactive contents under the reduction of ambient pressure to 25 kPa (3.6 psi).
(g) Each valve, other than a pressure relief device, is provided with an enclosure to retain any leakage.
(h) Any radiation shield that encloses a component of the packaging specified as part of the containment system will prevent the unintentional escape of that component from the shield.
(i) Failure of any tie-down attachment that is a structural part of the packaging, under both normal and accident conditions, must not impair the ability of the package to meet other requirements of this subpart.
(j) When evaluated against the performance requirements of this section and the tests specified in § 173.465 or using any of the methods authorized by § 173.461(a), the packaging will prevent—
(1) Loss or dispersal of the radioactive contents; and
(2) A significant increase in the radiation levels recorded or calculated at the external surfaces for the condition before the test.
(k) Each packaging designed for liquids will—
(1) Be designed to provide for ullage to accommodate variations in temperature of the contents, dynamic effects and filling dynamics;
(2) Meet the conditions prescribed in paragraph (j) of this section when subjected to the tests specified in § 173.466 or evaluated against these tests by any of the methods authorized by § 173.461(a); and
(3) Either—
(i) Have sufficient suitable absorbent material to absorb twice the volume of the liquid contents. The absorbent material must be compatible with the package contents and suitably positioned to contact the liquid in the event of leakage; or
(ii) Have a containment system composed of primary inner and secondary outer containment components designed to assure retention of the liquid contents within the secondary outer component in the event that the primary inner component leaks.
(l) Each package designed for gases, other than tritium not exceeding 40 TBq (1080Ci) or noble gases not exceeding the A
Except as provided in § 173.416, each Type B(U) or Type B(M) package must be designed and constructed to meet the applicable requirements specified in 10 CFR part 71.
The following packages are authorized for shipment if they do not contain quantities exceeding A
(a) DOT Specification 7A (see § 178.350 of this subchapter) Type A general packaging. Each offeror of a Specification 7A package must maintain on file for at least one year after the latest shipment, and shall provide to DOT on request, complete documentation of tests and an engineering evaluation or comparative data showing that the construction methods, packaging design, and materials of construction comply with that specification.
(b) Any other Type A packaging that also meets the applicable standards for fissile materials in 10 CFR part 71 and is used in accordance with § 173.471.
(c) Any Type B(U) or Type B(M) packaging authorized pursuant to § 173.416.
(d) Any foreign-made packaging that meets the standards in “IAEA Regulations for the Safe Transport of Radioactive Material No. TS-R-1” (IBR, see § 171.7 of this subchapter) and bears the marking “Type A”. Such packagings may be used for domestic and export shipments of Class 7 (radioactive) materials provided the offeror obtains the applicable documentation of tests and engineering evaluations and maintains the documentation on file in accordance with paragraph (a) of this section. These packagings must conform with requirements of the country of origin (as indicated by the packaging marking) and the IAEA regulations applicable to Type A packagings.
Each of the following packages is authorized for shipment of quantities exceeding A
(a) Any Type B(U) or Type B(M) packaging that meets the applicable requirements of 10 CFR part 71 and that has been approved by the U.S. Nuclear Regulatory Commission may be shipped pursuant to § 173.471.
(b) Any Type B(U) or B(M) packaging that meets the applicable requirements in “IAEA Regulations for the Safe Transport of Radioactive Material, No. TS-R-1” (IBR, see § 171.7 of this subchapter) and for which the foreign Competent Authority Certificate has been revalidated by DOT pursuant to § 173.473. These packagings are authorized only for export and import shipments.
(c) Continued use of an existing Type B packaging constructed to DOT Specification 6M, 20WC, or 21WC is authorized until October 1, 2008 if it conforms in all aspects to the requirements of this subchapter in effect on October 1, 2003.
(a) Except as provided in § 173.453, fissile materials containing not more than A
(1)(i) Any packaging listed in § 173.415, limited to the Class 7 (radioactive) materials specified in 10 CFR part 71, subpart C;
(ii) Any Type AF, Type B(U)F, or Type B(M)F packaging that meets the applicable standards for fissile material packages in 10 CFR part 71; or
(iii) Any Type AF, Type B(U)F, or Type B(M)F packaging that meets the applicable requirements for fissile material packages in Section VI of the International Atomic Energy Agency “Regulations for the Safe Transport of Radioactive Material, No. TS-R-1 (IBR, see § 171.7 of this subchapter),” and for which the foreign Competent Authority certificate has been revalidated by the U.S. Competent Authority, in accordance with § 173.473. These packages are authorized only for export and import shipments.
(2) A residual “heel” of enriched solid uranium hexafluoride may be transported without a protective overpack in any metal cylinder that meets both the requirements of § 173.415 and § 178.350 of this subchapter for Specification 7A Type A packaging, and the requirements of § 173.420 for packagings containing greater than 0.1 kg of uranium hexafluoride. Any such shipment must be made in accordance with Table 2, as follows:
(3) DOT Specification 20PF-1, 20PF-2, or 20PF-3 (see § 178.356 of this subchapter), or Specification 21PF-1A, 21PF-1B, or 21PF-2 (see § 178.358 of this subchapter) phenolic-foam insulated overpack with snug fittings inner metal cylinders, meeting all requirements of §§ 173.24, 173.410, 173.412, and 173.420 and the following:
(i) Handling procedures and packaging criteria must be in accordance with United States Enrichment Corporation Report No. USEC-651 or ANSI N14.1 (IBR, see § 171.7 of this subchapter); and
(ii) Quantities of uranium hexafluoride are authorized as shown in Table 3 of this section, with each
(b) Fissile Class 7 (radioactive) materials with radioactive content exceeding A
(1) Type B(U), or Type B(M) packaging that meets the standards for packaging of fissile materials in 10 CFR part 71, and is approved by the U.S. Nuclear Regulatory Commission and used in accordance with § 173.471;
(2) Type B(U) or Type B(M) packaging that also meets the applicable requirements for fissile material packaging in Section VI of the International Atomic Energy Agency “Regulations for the Safe Transport of Radioactive Material, No. TS-R-1,” and for which the foreign Competent Authority certificate has been revalidated by the U.S. Competent Authority in accordance with § 173.473. These packagings are authorized only for import and export shipments; or
(3) DOT Specifications 20PF-1, 20PF-2, or 20PF-3 (see § 178.356 of this subchapter), for DOT Specifications 21PF-1A or 21PF-1B (see § 178.356 of this subchapter) phenolic-foam insulated overpack with snug fitting inner metal cylinders, meeting all requirements of §§ 173.24, 173.410, and 173.412, and the following:
(i) Handling procedures and packaging criteria must be in accordance with United States Enrichment Corporation Report No. USEC-651 or ANSI N14.1; and
(ii) Quantities of uranium hexafluoride are authorized as shown in Table 3, with each package assigned a minimum criticality safety index as also shown:
(c) Continued use of an existing fissile material packaging constructed to DOT Specification 6L, 6M, or 1A2, is authorized until October 1, 2008 if it conforms in all respects to the requirements of this subchapter in effect on October 1, 2003.
Pyrophoric Class 7 (radioactive) materials, as referenced in the § 172.101 table of this subchapter, in quantities not exceeding A
(a) In solid form and must not be fissile unless excepted by § 173.453;
(b) Contained in sealed and corrosion resistant receptacles with positive closures (friction or slip-fit covers or stoppers are not authorized);
(c) Free of water and contaminants that would increase the reactivity of the material; and
(d) Inerted to prevent self-ignition during transport by either—
(1) Mixing with large volumes of inerting materials, such as graphite, dry sand, or other suitable inerting material, or blended into a matrix of hardened concrete; or
(2) Filling the innermost receptacle with an appropriate inert gas or liquid.
(e) Pyrophoric Class 7 (radioactive) materials transported by aircraft must be packaged in Type B packages.
(a) An oxidizing Class 7 (radioactive) material, as referenced in the § 172.101 table of this subchapter, is authorized in quantities not exceeding an A
(1) The contents are:
(i) Not fissile;
(ii) Packed in inside packagings of glass, metal or compatible plastic; and
(iii) Cushioned with a material that will not react with the contents; and
(2) The outside packaging is made of wood, metal, or plastic.
(b) The package must be capable of meeting the applicable test requirements of § 173.465 without leakage of contents.
(c) For shipment by air, the maximum quantity in any package may not exceed 11.3 kg (25 pounds).
(a) In addition to any other applicable requirements of this subchapter, quantities greater than 0.1 kg of fissile, fissile excepted or non-fissile uranium hexafluoride must be offered for transportation as follows:
(1) Before initial filling and during periodic inspection and test, packagings must be cleaned in accordance with American National Standard N14.1 (IBR, see § 171.7 of this subchapter).
(2) Packagings must be designed, fabricated, inspected, tested and marked in accordance with—
(i) American National Standard N14.1 in effect at the time the packaging was manufactured;
(ii) Specifications for Class DOT-106A multi-unit tank car tanks (see §§ 179.300 and 179.301 of this subchapter); or
(iii) Section VIII of the ASME Code (IBR, see § 171.7 of this subchapter), provided the packaging—
(A) Was manufactured on or before June 30, 1987;
(B) Conforms to the edition of the ASME Code in effect at the time the packaging was manufactured;
(C) Is used within its original design limitations; and
(D) Has shell and head thicknesses that have not decreased below the minimum value specified in the following table:
(3) Each package shall be designed so that it will:
(i) withstand a hydraulic test at an internal pressure of at least 1.4 MPa (200 psi) without leakage;
(ii) withstand the test specified in § 173.465(c) without loss or dispersal of the uranium hexafluoride; and
(iii) withstand the test specified in 10 CFR 71.73(c)(4) without rupture of the containment system.
(4) Uranium hexafluoride must be in solid form.
(5) The volume of solid uranium hexafluoride, except solid depleted uranium hexafluoride, at 20 °C (68 °F) may not exceed 61% of the certified volumetric capacity of the packaging. The volume of solid depleted uranium hexafluoride at 20 °C (68 °F) may not exceed 62% of the certified volumetric capacity of the packaging.
(6) The pressure in the package at 20 °C (68 °F) must be less than 101.3 kPa (14.8 psig).
(b) Each packaging for uranium hexafluoride must be periodically inspected, tested, marked and otherwise conform with the American National Standard N14.1.
(c) Each repair to a packaging for uranium hexafluoride must be performed in accordance with the American National Standard N14.1.
(d) Non-fissile uranium hexafluoride, in quantities of less than 0.1 kg, may
(a) A Class 7 (radioactive) material with an activity per package which does not exceed the limited quantity package limits specified in Table 4 in § 173.425, and its packaging, are excepted from requirements in this subchapter for specification packaging, labeling, marking (except for the UN identification number marking requirement described in § 173.422(a)), and if not a hazardous substance or hazardous waste, shipping papers, and the requirements of this subpart if:
(1) Each package meets the general design requirements of § 173.410;
(2) The radiation level at any point on the external surface of the package does not exceed 0.005 mSv/hour (0.5 mrem/ hour);
(3) The nonfixed (removable) radioactive surface contamination on the external surface of the package does not exceed the limits specified in § 173.443(a);
(4) The outside of the inner packaging or, if there is no inner packaging, the outside of the packaging itself bears the marking “Radioactive”;
(5) The package does not contain fissile material unless excepted by § 173.453.
(6) The material is otherwise prepared for shipment as specified in accordance with § 173.422.
(b) A limited quantity of Class 7 (radioactive) material that is a hazardous substance or a hazardous waste, is not subject to the provisions in § 172.203(d) or § 172.204(c)(4) of this subchapter.
An excepted package of Class 7 (radioactive) material that is prepared for shipment under the provisions of § 173.421, § 173.424, § 173.426, or § 173.428 is not subject to any additional requirements of this subchapter, except for the following:
(a) The outside of each package must be marked with the four digit UN identification number for the material preceded by the letters UN, as shown in column (4) of the Hazardous Materials Table in § 172.101 of this subchapter;
(b) Sections 171.15 and 171.16 of this subchapter, pertaining to the reporting of incidents;
(c) Sections 174.750, 175.700(b), and 176.710 of this subchapter (depending on the mode of transportation), pertaining to the reporting of decontamination;
(d) The training requirements of subpart H of part 172 of this subchapter; and
(e) For materials that meet the definition of a hazardous substance or a hazardous waste, the shipping paper requirements of subpart C of part 172 of this subchapter.
(a) Except as provided in § 173.4, when a limited quantity radioactive material meets the definition of another hazard class or division, it must be—
(1) Classed for the additional hazard;
(2) Packaged to conform with the requirements specified in § 173.421(a)(1) through (a)(5) or § 173.424(a) through (g), as appropriate; and
(3) Offered for transportation in accordance with the requirements applicable to the hazard for which it is classed.
(b) A limited quantity Class 7 (radioactive) material which is classed other than Class 7 in accordance with this subchapter is excepted from the requirements of §§ 173.422(a), 172.203(d), and 172.204(c)(4) of this subchapter if the entry “Limited quantity radioactive material” appears on the shipping paper in association with the basic description.
A radioactive instrument or article and its packaging are excepted from requirements in this subchapter for specification packaging, labeling, marking
(a) Each package meets the general design requirements of § 173.410;
(b) The activity of the instrument or article does not exceed the relevant limit listed in Table 4 in § 173.425;
(c) The total activity per package does not exceed the relevant limit listed in Table 4 in § 173.425;
(d) The radiation level at 10 cm (4 in) from any point on the external surface of any unpackaged instrument or article does not exceed 0.1 mSv/hour (10 mrem/hour);
(e) The active material is completely enclosed by non-active components (a device performing the sole function of containing radioactive material shall not be considered to be an instrument or manufactured article);
(f) The radiation level at any point on the external surface of a package bearing the article or instrument does not exceed 0.005 mSv/hour (0.5 mrem/hour), or, for exclusive use domestic shipments, 0.02 mSv/hour (2 mrem/hour);
(g) The nonfixed (removable) radioactive surface contamination on the external surface of the package does not exceed the limits specified in § 173.443(a);
(h) Except as provided in § 173.426, the package does not contain more than 15 g of uranium-235; and
(i) The package is otherwise prepared for shipment as specified in § 173.422.
The limits applicable to instruments, articles, and limited quantities subject to exceptions under §§ 173.421 and 173.424 are set forth in table 4 as follows:
A manufactured article in which the sole Class 7 (radioactive) material content is natural uranium, unirradiated depleted uranium or natural thorium, and its packaging, are excepted from the requirements in this subchapter for specification packaging, labeling, marking (except for the UN identification number marking requirement described in § 173.422(a)), and if not a hazardous substance or hazardous waste, shipping papers and the requirements of this subpart if:
(a) Each package meets the general design requirements of § 173.410;
(b) The outer surface of the uranium or thorium is enclosed in an inactive sheath made of metal or other durable protective material;
(c) The conditions specified in § 173.421(a) (2), (3) and (4) are met; and
(d) The article is otherwise prepared for shipment as specified in § 173.422.
(a) In addition to other applicable requirements specified in this subchapter, LSA materials and SCO, unless excepted by paragraph (c) or (d) of this section, must be packaged in accordance with paragraph (b) of this section and must be transported in accordance with the following conditions:
(1) The external dose rate may not exceed an external radiation level of 10 mSv/h (1 rem/h) at 3 m from the unshielded material;
(2) The quantity of LSA and SCO material in any single conveyance may not exceed the limits specified in Table 5;
(3) LSA material and SCO that are or contain fissile material must conform to the applicable requirements of § 173.453;
(4) Packaged and unpackaged Class 7 (radioactive) materials must conform to the contamination control limits specified in § 173.443;
(5) External radiation levels may not exceed those specified in § 173.441; and
(6) For LSA material and SCO consigned as exclusive use:
(i) Shipments shall be loaded by the consignor and unloaded by the consignee from the conveyance or freight container in which originally loaded;
(ii) There may be no loose radioactive material in the conveyance; however, when the conveyance is the packaging, there may not be any leakage of radioactive material from the conveyance;
(iii) Packaged and unpackaged Class 7 (radioactive) materials must be braced so as to prevent shifting of lading under conditions normally incident to transportation;
(iv) Specific instructions for maintenance of exclusive use shipment controls shall be provided by the offeror to the carrier. Such instructions must be included with the shipping paper information;
(v) Except for shipments of unconcentrated uranium or thorium ores, the transport vehicle must be placarded in accordance with subpart F of part 172 of this subchapter;
(vi) For domestic transportation only, packaged and unpackaged Class 7 (radioactive) materials containing less than an A
(vii) Transportation by aircraft is prohibited except when transported in an industrial package in accordance with Table 6 of this section, or in an authorized Type A or Type B package.
(b) Except as provided in paragraph (c) of this section, LSA material and SCO must be packaged as follows:
(1) In an industrial package (IP-1, IP-2 or IP-3; § 173.411), subject to the limitations of Table 6;
(2) In a DOT Specification 7A (§ 178.350 of this subchapter) Type A package;
(3) In any Type B(U) or B(M) packaging authorized pursuant to § 173.416;
(4) In a packaging which meets the requirements of §§ 173.24, 173.24a, and 173.410, but only for domestic transportation of an exclusive use shipment that is less than an A
(5) For exclusive use transport of liquid LSA-I only, in either:
(i) Specification 103CW, 111A60W7 (§§ 173.31, and 179.201-1 to 179.201-11 of this subchapter) tank cars. Bottom openings in tanks are prohibited; or
(ii) Specification MC 310, MC 311, MC 312, MC 331 or DOT 412 (§ 178.348 or § 178.337 of this subchapter) cargo tank motor vehicles. Bottom outlets are not
(c) LSA material and SCO in groups LSA-I and SCO-I may be transported unpackaged under the following conditions:
(1) All unpackaged material, other than ores containing only naturally occurring radionuclides, shall be transported in such a manner that under normal conditions of transport there will be no escape of the radioactive contents from the conveyance nor will there be any loss of shielding;
(2) Each conveyance must be under exclusive use, except when only transporting SCO-I on which the contamination on the accessible and the inaccessible surfaces is not greater than 4.0 Bq/cm
(3) For SCO-I where it is suspected that non-fixed contamination exists on inaccessible surfaces in excess of the values specified in paragraph (c)(2) of this section, measures shall be taken to ensure that the radioactive material is not released into the conveyance or to the environment.
(d) LSA and SCO that exceed the packaging limits in this section must be packaged in accordance with 10 CFR part 71.
(e) Tables 5 and 6 are as follows:
A packaging which previously contained Class 7 (radioactive) materials and has been emptied of contents as far as practical, is excepted from the shipping paper and marking (except for the UN identification number marking requirement described in § 173.422(a)) requirements of this subchapter, provided that—
(a) The packaging meets the requirements of § 173.421(a) (2), (3), and (5) of this subpart;
(b) The packaging is in unimpaired condition and is securely closed so that there will be no leakage of Class 7 (radioactive) material under conditions normally incident to transportation;
(c) The outer surface of any uranium or thorium in its structure is covered with an inactive sheath made of metal or some other substantial material;
(d) Internal contamination does not exceed 100 times the limits in § 173.443(a);
(e) Any labels previously applied in conformance with subpart E of part 172 of this subchapter are removed, obliterated, or covered and the “Empty” label prescribed in § 172.450 of this subchapter is affixed to the packaging; and
(f) The packaging is prepared for shipment as specified in § 173.422.
(a) Except for LSA material and SCO, a Type A package may not contain a quantity of Class 7 (radioactive) materials greater than A
(b) The limits on activity contained in a Type B(U) or Type B(M) package are those prescribed in §§ 173.416 and 173.417, or in the applicable approval certificate under §§ 173.471, 173.472 or 173.473.
(a) For individual radionuclides listed in the table in § 173.435 and § 173.436:
(1) A
(2) Activity concentration exemption values and consignment activity exemption values are given in the table in § 173.436.
(b) For individual radionuclides which are not listed in the tables in § 173.435 or § 173.436:
(1) the radionuclide values in Tables 7 or 8 of this section may be used; or
(2) other basic radionuclide values may be used provided they are first approved by the Associate Administrator or, for international transport, multilateral approval is obtained from the pertinent Competent Authorities.
(c) In calculating A
(1) Where the chemical form of each radionuclide is known, it is permissible to use the A
(2) A single radioactive decay chain in which the radionuclides are present in their naturally-occurring proportions, and in which no daughter nuclide has a half life either longer than 10 days or longer than that of the parent nuclide, will be considered as a single radionuclide, and the activity to be taken into account and the A
(d) Mixtures of radionuclides whose identities and respective activities are known must conform to the following conditions:
(1) For special form Class 7 (radioactive) material, the activity which may be transported in a Type A package must satisfy:
(2) For normal form Class 7 (radioactive) material, the activity which may be transported in a Type A package must satisfy:
(3) If the package contains both special and normal form Class 7 (radioactive) material, the activity which may be transported in a Type A package must satisfy:
(4) Alternatively, the A
(5) Alternatively, the A
(6) The exempt activity concentration for mixtures of nuclides may be determined as follows:
(7) The activity limit for an exempt consignment for mixtures of nuclides may be determined as follows:
(e) When the identity of each nuclide is known but the individual activities of some of the radionuclides are not known, the radionuclides may be grouped and the lowest A
(f) When the identity of each nuclide is known but the individual activities of some of the radionuclides are not known, the radionuclides may be grouped and the lowest [A] (activity concentration for exempt material) or A (activity limit for exempt consignment) value, as appropriate, for the radionuclides in each group may be used in applying the formulas in paragraphs (d)(6) and (d)(7) of this section. Groups may be based on the total alpha activity and the total beta/gamma activity when these are known, using the lowest [A] or A values for the alpha emitters or beta/gamma emitters, respectively.
(g)
(h) Tables 7 and 8 are as follows:
The table of activity-mass relationships for uranium and natural thorium are as follows:
The table of A
The Table of Exempt material activity concentrations and exempt consignment activity limits for radionuclides is as follows:
(a) Except as provided in paragraph (b) of this section, each package of Class 7 (radioactive) materials offered for transportation must be designed and prepared for shipment, so that under conditions normally incident to transportation, the radiation level does not exceed 2 mSv/hour (200 mrem/hour) at any point on the external surface of
(b) A package which exceeds the radiation level limits specified in paragraph (a) of this section must be transported by exclusive use shipment, and the radiation levels for such shipment may not exceed the following during transportation:
(1) 2 mSv/h (200 mrem/h) on the external surface of the package unless the following conditions are met, in which case the limit is 10 mSv/h (1000 mrem/h):
(i) The shipment is made in a closed transport vehicle;
(ii) The package is secured within the vehicle so that its position remains fixed during transportation; and
(iii) There are no loading or unloading operations between the beginning and end of the transportation;
(2) 2 mSv/h (200 mrem/h) at any point on the outer surfaces of the vehicle, including the top and underside of the vehicle; or in the case of a flat-bed style vehicle, at any point on the vertical planes projected from the outer edges of the vehicle, on the upper surface of the load or enclosure if used, and on the lower external surface of the vehicle;
(3) 0.1 mSv/h (10 mrem/h) at any point 2 m (6.6 feet) from the outer lateral surfaces of the vehicle (excluding the top and underside of the vehicle); or in the case of a flat-bed style vehicle, at any point 2 m (6.6 feet) from the vertical planes projected by the outer edges of the vehicle (excluding the top and underside of the vehicle); and
(4) 0.02 mSv/h (2mrem/h) in any normally occupied space, except that this provision does not apply to carriers if they operate under the provisions of a State or federally regulated radiation protection program and if personnel under their control who are in such an occupied space wear radiation dosimetry devices.
(c) For shipments made under the provisions of paragraph (b) of this section, the offeror shall provide specific written instructions for maintenance of the exclusive use shipment controls to the carrier. The instructions must be included with the shipping paper information. The instructions must be sufficient so that, when followed, they will cause the carrier to avoid actions that will unnecessarily delay delivery or unnecessarily result in increased radiation levels or radiation exposures to transport workers or members of the general public.
(d) Conveyance limits on the sum of package transport indices are as follows:
(1) Except for shipments by cargo aircraft only or by seagoing vessel, the sum of transport indices for a non-exclusive use shipment may not exceed 50.
(2) Where a consignment is transported under exclusive use, there is no limit on the sum of the transport indices aboard a single conveyance. The conditions of paragraphs (b)(2), (b)(3), (b)(4) and (c) must be met.
(3) Provisions for shipments of Class 7 (radioactive) materials by air are described in §§ 175.700-175.705 of this subchapter.
(4) Provisions for shipment of Class 7 (radioactive) materials by vessel are described in §§ 176.700-176.720 of this subchapter.
(e) A package exceeding the maximum surface radiation level or maximum transport index prescribed in paragraph (a) of this section may not be transported by aircraft.
A package of Class 7 (radioactive) material must be designed, constructed, and loaded so that—
(a) The heat generated within the package by the radioactive contents will not, during conditions normally incident to transport, affect the integrity of the package; and
(b) The temperature of the accessible external surfaces of the loaded package will not, assuming still air in the shade at an ambient temperature of 38 °C (100 °F), exceed either—
(1) 50 °C (122 °F) in other than an exclusive use shipment; or
(2) 85 °C (185 °F) in an exclusive use shipment.
(a) The level of non-fixed (removable) radioactive contamination on the external surfaces of each package offered for transport must be kept as low as reasonable achievable. The level of non-fixed radioactive contamination may not exceed the limits set forth in Table 9 and must be determined by either:
(1) Wiping an area of 300 cm
(2) Alternatively, the level of non-fixed radioactive contamination may be determined by using other methods of equal or greater efficiency.
Table 9 is as follows:
(b) Except as provided in paragraph (d) of this section, in the case of packages transported as exclusive use shipments by rail or public highway only, the removable (non-fixed) radioactive contamination on any package at any time during transport may not exceed ten times the levels prescribed in paragraph (a) of this section. The levels at the beginning of transport may not exceed the levels prescribed in paragraph (a) of this section.
(c) Except as provided in paragraph (d) of this section, each transport vehicle used for transporting Class 7 (radioactive) materials as an exclusive use shipment that utilizes the provisions of paragraph (b) of this section must be surveyed with appropriate radiation detection instruments after each use. A vehicle may not be returned to service until the radiation dose rate at each accessible surface is 0.005 mSv per hour (0.5 mrem per hour) or less, and there is no significant removable (non-fixed) radioactive surface contamination as specified in paragraph (a) of this section.
(d) Paragraphs (b) and (c) of this section do not apply to any closed transport vehicle used solely for the transportation by highway or rail of Class 7 (radioactive) material packages with contamination levels that do not exceed 10 times the levels prescribed in paragraph (a) of this section if—
(1) A survey of the interior surfaces of the empty vehicle shows that the radiation dose rate at any point does not exceed 0.1 mSv per hour (10 mrem per hour) at the surface or 0.02 mSv per hour (2 mrem per hour) at 1 m (3.3 feet) from the surface;
(2) Each vehicle is stenciled with the words “For Radioactive Materials Use Only” in letters at least 76 millimeters (3 inches) high in a conspicuous place on both sides of the exterior of the vehicle; and
(3) Each vehicle is kept closed except for loading or unloading.
The following requirements apply to temporary storage during the course of transportation but not to Nuclear Regulatory Commission or Agreement State-licensed facilities or U.S. Government-owned or contracted facilities.
(a) The number of packages and overpacks bearing FISSILE labels stored in any one storage area, such as a transit
(b) Storage requirements for Class 7 (radioactive) material transported in vessels are described in subpart M of part 176 of this subchapter.
(a) Each shipment of Class 7 (radioactive) materials must be secured to prevent shifting during normal transportation conditions.
(b) Except as provided in §§ 174.81, 176.83, and 177.848 of this subchapter, or as otherwise required by the Competent Authority in the applicable certificate, a package or overpack of Class 7 (radioactive) materials may be carried among packaged general cargo without special stowage provisions, if—
(1) The heat output in watts does not exceed 0.1 times the minimum package dimension in centimeters; or
(2) The average surface heat flux of the package or overpack does not exceed 15 watts per square meter and the immediately surrounding cargo is not in sacks or bags or otherwise in a form that would seriously impede air circulation for heat removal.
(c) Packages or overpacks bearing labels prescribed in § 172.403 of this subchapter may not be carried in compartments occupied by passengers, except in those compartments exclusively reserved for couriers accompanying those packages.
(d) Mixing of different kinds of packages that include fissile packages is authorized only in accordance with § 173.459.
(e) No person shall offer for transportation or transport aboard a passenger-carrying aircraft any single package or overpack with a transport index greater than 3.0.
(f) No person shall offer for transportation or transport aboard a passenger-carrying aircraft any Class 7 (radioactive) material unless that material is intended for use in, or incident to, research, medical diagnosis or treatment.
(g) If an overpack is used to consolidate individual packages or to enclose a single package of Class 7 (radioactive) materials, the package(s) must comply with the packaging, marking, and labeling requirements of this subchapter, and:
(1) The overpack must be labeled as prescribed in § 172.403(h) of this subchapter;
(2) The overpack must be marked as prescribed in subpart D of part 172 of this subchapter and § 173.25(a); and
(3) The transport index of the overpack may not exceed 3.0 for passenger-carrying aircraft shipments, or 10.0 for cargo-aircraft shipments.
Fissile materials meeting the requirements of at least one of the paragraphs (a) through (f) of this section are excepted from the requirements of this subpart for fissile materials, including the requirements of §§ 173.457 and 173.459, but are subject to all other requirements of this subpart, except as noted.
(a) An individual package containing 2 grams or less of fissile material.
(b) An individual or bulk packaging containing 15 grams or less of fissile material provided the package has at least 200 grams of solid nonfissile material for every gram of fissile material. Lead, beryllium, graphite, and hydrogenous material enriched in deuterium may be present in the package but must not be included in determining the required mass for solid nonfissile material.
(c) Low concentrations of solid fissile material commingled with solid nonfissile material, provide that:
(1) There is at least 2000 grams of nonfissile material for every gram of fissile material, and
(2) There is no more than 180 grams of fissile material distributed within
(d) Uranium enriched in uranium-235 to a maximum of 1 percent by weight, and with total plutonium and uranium-233 content of up to 1 percent of the mass of uranium-235, provided that the mass of any beryllium, graphite, and hydrogenous material enriched in deuterium constitute less than 5 percent of the uranium mass.
(e) Liquid solutions of uranyl nitrate enriched in uranium-235 to a maximum of 2 percent by mass, with a total plutonium and uranium-233 content not exceeding 0.002 percent of the mass of uranium, and with a minimum nitrogen to uranium atomic ratio (N/U) of 2. The material must be contained in at least a DOT Type A package.
(f) Packages containing, individually, a total plutonium mass of not more than 1000 grams, of which not more than 20 percent by mass may consist of plutonium-239, plutonium-241, or any combination of these radionuclides.
(a) Packages containing fissile radioactive material which are not excepted under § 173.453 must be assigned by the offeror, in accordance with their definitions in § 173.403, a criticality safety index (CSI) and a transport index (TI).
(b) Fissile material packages and conveyances transporting fissile material packages must satisfy the radiation level restrictions of § 173.441.
(c) Except for consignments under exclusive use, the CSI of any package or overpack may not exceed 50. A fissile material package with CSI greater than 50 must be transported by exclusive use.
(d) For non-exclusive use shipments of fissile material packages, except on vessels, the total sum of CSI's in a freight container or on a conveyance may not exceed 50.
(e) For exclusive use shipments of fissile material packages, except on vessels, the total sum of CSI's in a freight container or on a conveyance may not exceed 100.
(f) Exclusive use shipments of fissile material packages must satisfy the radiation level and administrative requirements of § 173.441(b).
(g) The number of packages, overpacks and freight containers containing fissile material stored in transit in any one storage area must be so limited that the total sum of the CSI's in any group of packages, overpacks or freight containers does not exceed 50. Groups of packages shall be stored so as to maintain a spacing of a least 6 m (20 ft) between the closest surfaces of any two groups.
(h) Provisions for shipment by vessel of Class 7 (radioactive) material packages, including fissile material packages by vessel are described in §§ 176.700-176.720 of this subchapter.
Mixing of fissile material packages with other types of Class 7 (radioactive) materials in any conveyance or storage location is authorized only if the TI of any single package does not exceed 10, the CSI of any single package does not exceed 50, and the provisions of §§ 173.441 and 173.457 are satisfied.
(a) Compliance with the design requirements in § 173.412 and the test requirements in §§ 173.465 through 173.469 must be shown by any of the methods prescribed in this paragraph, or by a combination of these methods appropriate for the particular feature being evaluated:
(1) Performance of tests with prototypes or samples of the specimens representing LSA-III, special form Class 7 (radioactive) material, or packaging, in which case the contents of the packaging for the test must simulate as closely as practicable the expected range of physical properties of the radioactive contents or packaging to be
(2) Reference to a previous, satisfactory demonstration of compliance of a sufficiently similar nature;
(3) Performance of tests with models of appropriate scale incorporating those features that are significant with respect to the item under investigation, when engineering experience has shown results of those tests to be suitable for design purposes. When a scale model is used, the need for adjusting certain test parameters, such as the penetrator diameter or the compressive load, must be taken into account; or
(4) Calculations or reasoned evaluation, using reliable and conservative procedures and parameters.
(b) With respect to the initial conditions for the tests under §§ 173.465 through 173.469, except for the water immersion tests, compliance must be based upon the assumption that the package is in equilibrium at an ambient temperature of 38 °C (100 °F).
(a) Each specimen (i.e., sample, prototype or scale model) must be examined before testing to identify and record faults or damage, including:
(1) Divergence from the specifications or drawings;
(2) Defects in construction;
(3) Corrosion or other deterioration; and
(4) Distortion of features.
(b) Any deviation found under paragraph (a) of this section from the specified design must be corrected or appropriately taken into account in the subsequent evaluation.
(c) The containment system of the packaging must be clearly specified.
(d) The external features of the specimen must be clearly identified so that reference may be made to any part of it.
(a) The packaging, with contents, must be capable of withstanding the water spray, free drop, stacking and penetration tests prescribed in this section. One prototype may be used for all tests if the requirements of paragraph (b) of this section are met.
(b)
(c)
(1) The height of the drop measured from the lowest point of the specimen to the upper surface of the target may not be less than the distance specified in table 10, for the applicable package mass. The target must be as specified in § 173.465(c)(5). Table 10 is as follows:
(2) For packages containing fissile material, the free drop test specified in paragraph (c)(1) of this section must be preceded by a free drop from a height of 0.3 m (1 foot) on each corner, or in the case of cylindrical packages, onto each of the quarters of each rim.
(3) For fiberboard or wood rectangular packages with a mass of 50 kg (110 pounds) or less, a separate specimen must be subjected to a free drop onto each corner from a height of 0.3 m (1 foot).
(4) For cylindrical fiberboard packages with a mass of 100 kg (220 pounds) or less, a separate specimen must be subjected to a free drop onto each of the quarters of each rim from a height of 0.3 m (1 foot).
(5) The target for the free drop test must be a flat, horizontal surface of such mass and rigidity that any increase in its resistance to displacement or deformation upon impact by the specimen would not significantly increase the damage to the specimen.
(d)
(i) Five times the mass of the actual package; or
(ii) The equivalent of 13 kilopascals (1.9 psi) multiplied by the vertically projected area of the package.
(2) The compressive load must be applied uniformly to two opposite sides of the specimen, one of which must be the base on which the package would normally rest.
(e)
(1) A bar of 3.2 cm (1.25 inches) in diameter with a hemispherical end and a mass of 6 kg (13.2 pounds) must be dropped and directed to fall with its longitudinal axis vertical, onto the center of the weakest part of the specimen, so that, if it penetrates far enough, it will hit the containment system. The bar may not be significantly deformed by the test; and
(2) The height of the drop of the bar measured from its lower end to the intended point of impact on the upper surface of the specimen must be 1 m (3.3 feet) or greater.
(a) In addition to the tests prescribed in § 173.465, Type A packagings designed for liquids and gases must be capable of withstanding the following tests:
(1)
(2)
(b) [Reserved]
Each Type B packaging or packaging for fissile material must meet the test requirements prescribed in 10 CFR part 71 for ability to withstand accident conditions in transportation.
(a) LSA-III Class 7 (radioactive) material must meet the test requirement of paragraph (b) of this section. Any differences between the material to be transported and the test material must be taken into account in determining whether the test requirements have been met.
(b)
(2) The volume of water to be used in the test must be sufficient to ensure that at the end of the test period the free volume of the unabsorbed and unreacted water remaining will be at least 10% of the volume of the specimen itself.
(3) The water must have an initial pH of 6-8 and a maximum conductivity of 10 micromho/cm at 20 °C (68 °F).
(4) The total activity of the free volume of water must be measured following the 7 day immersion test and must not exceed 0.1 A
(a) Special form Class 7 (radioactive) materials must meet the test requirements of paragraph (b) of this section. Each solid Class 7 (radioactive) material or capsule specimen to be tested must be manufactured or fabricated so that it is representative of the actual solid material or capsule that will be transported with the proposed radioactive content duplicated as closely as practicable. Any differences between the material to be transported and the test material, such as the use of non-radioactive contents, must be taken into account in determining whether the test requirements have been met. The following additional conditions apply:
(1) A different specimen may be used for each of the tests;
(2) The specimen may not break or shatter when subjected to the impact, percussion, or bending tests;
(3) The specimen may not melt or disperse when subjected to the heat test; and
(4) After each test, leaktightness or indispersibility of the specimen must be determined by—
(i) A method no less sensitive than the leaching assessment prescribed in paragraph (c) of this section. For a capsule resistant to corrosion by water, and which has an internal void volume greater than 0.1 milliliter, an alternative to the leaching assessment is a demonstration of leaktightness of 10
(ii) A specimen that comprises or simulates Class 7 (radioactive) material contained in a sealed capsule need not be subjected to the leaching assessment specified in paragraph (c) of this section provided it is alternatively subjected to any of the volumetric leakage assessment tests prescribed in the International Organization for Standardization document ISO 9978-1992(E): “Radiation protection—Sealed radioactive sources—Leakage test methods” (IBR, see § 171.7 of this subchapter).
(b)
(2)
(ii) The flat face of the billet must be 2.5 cm (1 inch) in diameter with the edges rounded off to a radius of 3 mm ±0.3 mm (0.12 inch ±0.012 inch).
(iii) The lead must be of hardness number 3.5 to 4.5 on the Vickers scale and thickness 2.5 cm (1 inch) or greater, and must cover an area greater than that covered by the specimen.
(iv) A fresh surface of lead must be used for each impact.
(v) The billet must strike the specimen so as to cause maximum damage.
(3)
(ii) The specimen must be rigidly clamped in a horizontal position so that one half of its length protrudes from the face of the clamp.
(iii) The orientation of the specimen must be such that the specimen will suffer maximum damage when its free end is struck by the flat face of a steel billet.
(iv) The billet must strike the specimen so as to produce an impact equivalent to that resulting from a free vertical drop of 1.4 kg (3 pounds) through 1 m (3.3 feet).
(v) The flat face of the billet must be 2.5 cm (1 inch) in diameter with the edges rounded off to a radius of 3 mm ±0.3 mm (.12 inch ±0.012 inch).
(4)
(c)
(i) The specimen shall be immersed for seven days in water at ambient temperature. The volume of water to be used in the test shall be sufficient to ensure that at the end of the seven day test period the free volume of the unabsorbed and unreacted water remaining shall be at least 10% of the volume of the solid test sample itself. The water shall have an initial pH of 6-8 and a maximum conductivity of 1 mS/m (10 micromho/cm) at 20 °C (68 °F).
(ii) The water with specimen must then be heated to a temperature of 50 °C ±5° (122 °F ±9°) and maintained at this temperature for four hours.
(iii) The activity of the water must then be determined.
(iv) The specimen shall then be kept for at least seven days in still air at not less than 30 °C (86 °F) and relative humidity not less than 90%.
(v) The specimen must then be immersed in water under the same conditions as in paragraph (c)(1)(i) of this section, and the water with specimen must be heated to 50 C ±5° (122 °F ±9°) and maintained at that temperature for four hours.
(vi) The activity of the water must then be determined. The activities determined in paragraph (c)(1)(iii) of this section and this paragraph, (c)(1)(vi), may not exceed 2 kilobecquerels (0.05 microcurie).
(2) For encapsulated material—
(i) The specimen shall be immersed in water at ambient temperature. The water shall have an initial pH of 6-8 and a maximum conductivity of 1 mS/m (10 micromho/cm) at 20 °C (68 °F).
(ii) The water and specimen must be heated to a temperature of 50 °C ±5° (122 °F ±9°) and maintained at this temperature for four hours.
(iii) The activity of the water must then be determined.
(iv) The specimen shall then be kept for at least seven days in still air at not less than 30 °C (86 °F) and relative humidity not less than 90%.
(v) The process in paragraphs (c)(2)(i), (c)(2)(ii), and (c)(2)(iii) of this section must be repeated.
(vi) The activity determined in paragraph (c)(2)(iii) of this section may not exceed 2 kilobecquerels (0.05 microcurie).
(d) A specimen that comprises or simulates Class 7 (radioactive) material contained in a sealed capsule need not be subjected to—
(1) The impact test and the percussion test of this section provided that the mass of the special form radioactive material is less than 200 g and it is alternatively subjected to the Class 4 impact test prescribed in ISO 2919, “Sealed Radioactive Sources—Classification” (IBR, see § 171.7 of this subchapter); and
(2) The heat test of this section, provided the specimen is alternatively subjected to the Class 6 temperature test specified in the International Organization for Standardization document ISO 2919-1980(e), “Sealed Radioactive Sources-Classification.” (see § 171.7 of this subchapter)
In addition to the applicable requirements of the U.S. Nuclear Regulatory Commission (NRC) and other requirements of this subchapter, any offeror of a Type B(U), Type B(M), or fissile material package that has been approved by the NRC in accordance with 10 CFR part 71 must also comply with the following requirements:
(a) The offeror shall be registered with the USNRC as a party to the packaging approval, and make the shipment in compliance with the terms of the packaging approval;
(b) The outside of each package must be durably and legibly marked with the package identification marking indicated in the USNRC packaging approval;
(c) Each shipping paper related to the shipment of the package must bear the package identification marking indicated in the USNRC packaging approval;
(d) Before export shipment of the package, the offeror shall obtain a U.S. Competent Authority Certificate for
(e) Each request for a U.S. Competent Authority Certificate as required by the IAEA regulations must be submitted in writing to the Associate Administrator. The request must be in triplicate and include copies of the applicable USNRC packaging approval, USNRC Quality Assurance Program approval number, and a reproducible 22 cm × 30 cm (8.5″×11″) drawing showing the make-up of the package. The request and accompanying documentation must be sent to the Associate Administrator for Hazardous Materials Safety (PHH-23), Department of Transportation, East Building, 1200 New Jersey Avenue, SE., Washington DC 20590-0001. Alternatively, the application with any attached supporting documentation in an appropriate format may be submitted by facsimile (fax) to (202) 366-3753 or (202) 366-3650, or by electronic mail (e-mail) to “
(a) Any offeror who exports a DOT Specification Type B or fissile material package authorized by § 173.416 or § 173.417 shall comply with paragraphs (b) through (f) of this section.
(b) The shipment must be made in accordance with the conditions of the U.S. Certificate of Competent Authority.
(c) The outside of each package must be durably and legibly marked with the package identification marking indicated in the U.S. Competent Authority Certificate.
(d) Each shipping paper related to the shipment of the package must bear the package identification marking indicated in the U.S. Competent Authority Certificate.
(e) Before export of the package, the offeror shall obtain a U.S. Competent Authority Certificate for that package design, or if one has already been issued, the offeror shall register in writing (including a description of the quality assurance program required by 10 CFR part 71, subpart H, or 49 CFR 173.474 and 173.475) with the U.S. Competent Authority as a user of the certificate. Upon registration, the offeror will be furnished with a copy of the certificate. The offeror shall then submit a copy of the U.S. Competent Authority Certificate applying to that package design to the national competent authority of each country into or through which the package will be transported, unless the offeror has documentary evidence that a copy has already been furnished.
(f) Each request for a U.S. Competent Authority Certificate as required by the IAEA regulations must be submitted in writing to the Associate Administrator. The request must be in triplicate and must include a description of the quality assurance program required by 10 CFR part 71, subpart H,
In addition to other applicable requirements of this subchapter, each offeror of a foreign-made Type B(U), Type B(M), Type C, Type CF, Type H(U), Type H(M), or fissile material package for which a Competent Authority Certificate is required by IAEA's “Regulations for the Safe Transport of Radioactive Material, No. TS-R-1, ” (IBR, see § 171.7 of this subchapter) shall also comply with the following requirements:
(a) Prior to the shipment of such a package of Class 7 (radioactive) materials into or from the U.S., the offeror shall—
(1) Have the foreign competent authority certificate revalidated by the U.S. Competent Authority, unless this has been done previously. Each request for revalidation must be submitted to the Associate Administrator. The request must be in triplicate, contain all the information required by Section VII of the IAEA regulations in Safety Series No. 6, and include a copy in English of the foreign competent authority certificate. Alternatively, the request with any attached supporting documentation submitted in an appropriate format may be sent by facsimile (fax) to (202) 366-3753 or (202) 366-3650, or by electronic mail to “
To allow sufficient time for consideration, requests must be received at least 90 days before the requested effective date;
(2) Register in writing with the U.S. Competent Authority as a user of the package covered by the foreign competent authority certificate and its U.S. revalidation. Alternatively, the registration request with any attached supporting documentation submitted in an appropriate format may be sent by facsimile (fax) to (202) 366-3753 or (202) 366-3650, or by electronic mail (e-mail) to “
(3) Supply to the carrier, upon request, the applicable competent authority certificates. However, the competent authority certificates are not required to accompany the packages to which they apply.
(b) The outside of each package must be durably and legibly marked with the competent authority identification marking indicated on the Competent Authority Certificate and revalidation.
(c) Each shipping paper for a shipment of Class 7 (radioactive) materials must bear a notation of the package identification marking indicated on the competent authority certificate or revalidation.
(d) All requirements of the foreign competent authority certificate and the U.S. Competent Authority revalidation must be fulfilled.
Prior to the first use of any packaging for the shipment of Class 7 (radioactive) material, the offeror shall determine that—
(a) The packaging meets the quality of design and construction requirements as specified in this subchapter; and
(b) The effectiveness of the shielding, containment and, when required, the
Before each shipment of any Class 7 (radioactive) materials package, the offeror must ensure, by examination or appropriate tests, that—
(a) The packaging is proper for the contents to be shipped;
(b) The packaging is in unimpaired physical condition, except for superficial marks;
(c) Each closure device of the packaging, including any required gasket, is properly installed, secured, and free of defects;
(d) For fissile material, each moderator and neutron absorber, if required, is present and in proper condition;
(e) Each special instruction for filling, closing, and preparation of the packaging for shipment has been followed;
(f) Each closure, valve, or other opening of the containment system through which the radioactive content might escape is properly closed and sealed;
(g) Each packaging containing liquid in excess of an A
(h) The internal pressure of the containment system will not exceed the design pressure during transportation; and
(i) External radiation and contamination levels are within the allowable limits specified in this subchapter.
(a) Each offeror of special form Class 7 (radioactive) materials must maintain on file for at least one year after the latest shipment, and provide to the Associate Administrator on request, a complete safety analysis, including documentation of any tests, demonstrating that the special form material meets the requirements of § 173.469. An IAEA Certificate of Competent Authority issued for the special form material may be used to satisfy this requirement.
(b) Prior to the first export shipment of a special form Class 7 (radioactive) material from the United States, each offeror shall obtain a U.S. Competent Authority Certificate for the specific material. For special form material manufactured outside the United States, an IAEA Certificate of Competent Authority from the country of origin may be used to meet this requirement.
(c) Each request for a U.S. Competent Authority Certificate as required by the IAEA regulations must be submitted in writing, in triplicate, by mail or other delivery service to the Associate Administrator. Alternatively, the request with any attached supporting documentation submitted in an appropriate format may be sent by facsimile (fax) to (202) 366-3753 or (202) 366-3650, or by electronic mail (e-mail) to “
(1) A detailed description of the material, or if a capsule, a detailed description of the contents. Particular reference must be made to both physical and chemical states;
(2) A detailed statement of the capsule design and dimensions, including complete engineering drawings [22cm × 30cm (8
(3) A statement of the tests that have been made and their results; or evidence based on calculative methods to show that the material is able to pass the tests; or other evidence that the special form Class 7 (radioactive) material complies with § 173.469;
(4) For the original request for a Competent Authority Certificate, evidence of a quality assurance program based on international, national or
(5) A description of any proposed pre-shipment actions, such as leak testing, for use in the consignment of special form radioactive material for transport.
(d) Paragraphs (a) and (b) of this section do not apply in those cases where A
(a) Each offeror of a package containing more than 0.1 kg of uranium hexafluoride must maintain on file for at least one year after the latest shipment, and provide to the Associate Administrator on request, a complete safety analysis, including documentation of any tests, demonstrating that the package meets the requirements of § 173.420. An IAEA Certificate of Competent Authority issued for the design of the packaging containing greater than 0.1 kg of non-fissile or fissile-excepted uranium hexafluoride may be used to satisfy this requirement.
(b) Prior to the first export shipment of a package containing greater than 0.1 kg of uranium hexafluoride from the United States, each offeror shall obtain a U.S. Competent Authority Certificate for the packaging design. For packagings manufactured outside the United States, each offeror shall comply with § 173.473.
(c) Each request for a U.S. Competent Authority Certificate as required by the IAEA regulations must be submitted in writing, in triplicate, by mail or other delivery service to the Associate Administrator. Alternatively, the request with any attached supporting documentation submitted in an appropriate format may be sent by facsimile (fax) to (202) 366-3753 or (202) 366-3650, or by electronic mail (e-mail) to
(1) A safety analysis report which, at a minimum, provides a detailed description of the packaging and contents; a description of the manufacturing process used for the packaging; and details of the tests conducted and copy of their results, evidence based on calculative methods to show that the package is able to pass the tests, or other evidence that the package complies with § 173.420; and
(2) For the original request for a Competent Authority Certificate, evidence of a quality assurance program.
1. The purpose of this procedure is to determine the chemical compatibility and permeability of liquid hazardous materials packaged in plastic packaging and receptacles. Alternatives for this procedure are permitted as specified in § 173.24(e)(3)(iii) of this subchapter.
2. Compatibility and rate of permeation are determined by subjecting full size plastic containers (or smaller containers as permitted in paragraph 4 of this appendix) and hazardous material lading to one of the following combinations of time and temperature:
a. Test Method 1: 180 days at a temperature no lower than 18 °C. (64 °F.)
b. Test Method 2: 28 days at a temperature no lower than 50 °C. (122 °F.)
c. Test Method 3: 14 days at a temperature no lower than 60 °C. (140 °F.)
3. Regardless of which test method is used, at least three sample containers shall be tested for each combination of hazardous material and size and design of container. Fill containers to rated capacity with the
4. For testing under Test Method 2 or 3 in those instances where it is not practicable to use full size containers, smaller containers may be used. The small container shall be manufactured by the same process as the larger container (for example, using the same method of molding and processing temperatures) and be made of identical resins, pigments and additives.
5. Determine filled container weight or net weight of contents both before and after storage under the selected test method. Rate of permeation is determined from loss of hazardous materials contents, during the conduct of the test, expressed as a percentage of the original weight.
6. After storage under the selected test method, the container shall be drained, rinsed, filled to rated capacity with water and, with filled container at ambient temperature, dropped from a height determined in accordance with § 178.603(e) of this subchapter onto a rigid non-resilient, flat and horizontal surface.
7. Each of the following constitute test failure:
a. Visible evidence of permanent deformation due to vapor pressure build-up or collapse of walls, deterioration, swelling, crazing, cracking, excessive corrosion, oxidization, embrittlement, leakage, rupture or other defects likely to cause premature failure or a hazardous condition.
b. For materials meeting the definition of a poison according to this subchapter, a rate of permeation in excess of 0.5% determined over the test period. For all other hazardous materials, a rate of permeation in excess of 2.0% determined over the test period.
Base-level vibration testing shall be conducted as follows:
1. Three sample packagings, selected at random, must be filled and closed as for shipment. A non-hazardous material may be used in place of the hazardous material if it has essentially the same physical characteristics.
2. The three packages must be placed on a vibrating platform that has a vertical double-amplitude (peak-to-peak displacement) of one inch. The packages should be constrained horizontally to prevent them from falling off the platform, but must be left free to move vertically, bounce and rotate.
3. The test must be performed continuously for one hour at a frequency that causes each package to be raised from the vibrating platform to such a degree that a piece of material of approximately 1.6 mm (0.063 inch) thickness (such as steel strapping or paperboard) can be passed between the bottom of any package and the platform.
4. Immediately following the period of vibration, each package shall be removed from the platform, turned on its side and observed for any evidence of leakage.
5. Rupture or leakage from any of the packages constitutes failure of the test.
A wooden stick, 114 mm (4.5 inches) long and 4.8 mm (0.2 inch) inch in diameter, with a sharpened end is used to punch 5 holes in one end of the wrapper of a dynamite cartridge. A cork stopper is placed on the bottom of a glass volumetric cylinder. The dynamite cartridge is placed, perforated end down, resting on the cork stopper in the cylinder. The entire assembly is placed in an oven at 38 °C (100 °F) for 48 hours and then examined visually for evidence of leakage.
The test apparatus consists of a glass tube, 135 mm (5.3 inches) long and one inch in diameter, with both ends open, and is assembled in the following manner:
(a) Close the bottom with a plastic plug of diameter equal to the inner diameter of the glass tube;
(b) Place a small amount of absorbent cotton on top of the plug;
(c) Place a plastic disk that matches the inner diameter to the glass tube and has seven small perforations on top of the cotton; and
(d) Place 10 g (0.35 ounce) of the dynamite sample on top of the disk.
The entire apparatus for this test is shown in Figure 1 of this appendix. The test is conducted using the following procedures:
(a) A glass tube, 135 mm (5.3 inches) long and one inch in diameter, is held on a wooden base;
(b) A small amount of absorbent cotton is placed into the bottom of the glass tube;
(c) Ten g (0.35 ounce) of dynamite sample are placed on top of the cotton in the glass tube;
(d) A small amount of absorbent cotton is placed on top of the dynamite sample;
(e) A plastic disk that matches the inner diameter of the glass tube and has seven small perforations is placed on top of the cotton;
(f) A plastic plug matching the inner diameter of the glass tube is then placed on top of the disk;
(g) The glass tube assembly is placed under the compression rod, and compression is applied by means of the weight on the metal lever rod. The sample is compressed for one minute; and
(h) The dynamite sample is then removed from the glass tube and weighed to determine the percent of weight loss.
The method describes a procedure for determining if the material when heated under the test conditions and exposed to an external source of flame applied in a standard manner sustains combustion.
A metal block with a concave depression (test portion well) is heated to a specified temperature. A specified volume of the material under test is transferred to the well, and its ability to sustain combustion is noted after application and subsequent removal of a standard flame under specified conditions.
A combustibility tester consisting of a block of aluminum alloy or other corrosion-resistant metal of high thermal conductivity is used. The block has a concave well and a
(a)
(b)
(c)
(d)
(e)
(f)
The sample must be representative of the material to be tested and must be supplied and kept in a tightly closed container prior to test. Because of the possibility of loss of volatile constituents, the sample must receive only the minimum treatment necessary to ensure its homogeneity. After removing each test portion, the sample container must be immediately closed tightly to ensure that no volatile components escape from the container; if this closure is incomplete, an entirely new sample must be taken.
Carry out the determination in triplicate.
(a) It is essential that the apparatus be set up in a completely draft-free area (see warning) and in the absence of strong light to facilitate observation of flash, flame, etc.
(b) Place the metal block on the hotplate or heat the metal block by other suitable means so that its temperature, as indicated by the thermometer placed in the metal block, is maintained at the specified temperature within a tolerance of ±1 °C. For the appropriate test temperature, see paragraph 5.(h) of this appendix. Correct this temperature for the difference in barometric pressure from the standard atmospheric pressure (101.3 kPa) by raising the test temperature for a higher pressure or lowering the test temperature for a lower pressure by 1.0 °C for each 4 kPa difference. Ensure that the top of the metal block is exactly horizontal. Use the gauge to check that the jet is 2.2 mm above the top of the well when in the test position.
(c) Light the butane test fuel with the jet away from the test position (i.e. in the “off” position, away from the well). Adjust the size of the flame so that it is 8 mm to 9 mm high and approximately 5 mm wide.
(d) Using the syringe, take from the sample container at least 2 mL of the sample and rapidly transfer a test portion of 2 mL ±0.1 mL to the well of the combustibility tester and immediately start the timing device.
(e) After a heating time of 60 seconds (s), by which time the test portion is deemed to have reached its equilibrium temperature, and if the test fluid has not ignited, swing the test flame into the test position over the edge of the pool of liquid. Maintain it in this position for 15 s and then return it to the “off” position while observing the behavior of the test portion. The test flame must remain lighted throughout the test.
(f) For each test observe and record:
(i) whether there is ignition and sustained combustion or flashing, or neither, of the test portion before the test flame is moved into the test position;
(ii) whether the test portion ignites while the test flame is in the test position, and, if so, how long combustion is sustained after the test flame is returned to the “off” position.
(g) If sustained combustion interpreted in accordance with paragraph 6. of this appendix is not found, repeat the complete procedure with new test portions, but with a heating time of 30 s.
(h) If sustained combustion interpreted in accordance with paragraph 6. of this appendix is not found at a test temperature of 60 °C (140 °F), repeat the complete procedure with new test portions, but at a test temperature of 75 °C (167 °F). In the case of a material which has a flash point above 60 °C (140 °F) and below 93 °C (200 °F), if sustained combustion interpreted in accordance with paragraph 6. of this appendix is not found at a test temperature of 5 °C (9 °F) above its flash point, repeat the complete procedure with new test portions, but at a test temperature of 20 °C (36 °F) above its flash point.
The material must be assessed either as not sustaining combustion or as sustaining combustion. Sustained combustion must be reported at either of the heating times if one of the following occurs with either of the test portions:
(a) When the test flame is in the “off” position, the test portion ignites and sustains combustion;
(b) The test portion ignites while the test flame is in the test position for 15 s, and sustains combustion for more than 15 s after the test flame has been returned to the “off” position.
Intermittent flashing may not be interpreted as sustained combustion. Normally, at the end of 15 s, the combustion has either clearly ceased or continues. In cases of doubt, the material must be deemed to sustain combustion.
49 U.S.C. 5101-5128; 49 CFR 1.53.
This part prescribes requirements in addition to those contained in parts 171, 172, 173, and 179 of this subchapter, to be observed with respect to the transportation of hazardous materials in or on rail cars.
Sections 5125 and 20106 of Title 49, United States Code, limit the authority of states, political subdivisions of states, and Indian tribes to impose requirements on the transportation of hazardous materials in commerce. A state, local, or Indian tribe requirement on the transportation of hazardous materials by rail may be preempted under either 49 U.S.C. 5125 or 20106, or both.
(a) Section 171.1(f) of this subchapter describes the circumstances under which 49 U.S.C. 5125 preempts a requirement of a state, political subdivision of a state, or Indian tribe.
(b) Under the Federal Railroad Safety Act (49 U.S.C. 20106), administered by the Federal Railroad Administration (
No person may accept for transportation or transport by rail any shipment of hazardous material that is not in conformance with the requirements of this subchapter.
This subchapter applies to the transportation of a carrier's materials and supplies moving by rail, except that the shipper's certification is not required when these materials and supplies are being transported by the carrier who owns them. The requirements of this subchapter do not apply to railway torpedoes or fusees when carried in engines or rail cars. Railway torpedoes must be in closed metal boxes when not in use.
(a) At each location where a hazardous material is accepted for transportation or placed in a train, the carrier must inspect each rail car containing the hazardous material, at ground level, for required markings, labels, placards, securement of closures, and leakage. These inspections may be performed in conjunction with inspections required under parts 215 and 232 of this title.
(b) For each rail car containing an amount of hazardous material requiring placarding in accordance with § 172.504 of this subchapter, the carrier must visually inspect the rail car at ground level for signs of tampering, including closures and seals, for suspicious items or items that do not belong, and for other signs that the security of the car may have been compromised, including the presence of an improvised explosive device. As used in
(c) If a rail car does not conform to the safety and security requirements of this subchapter, the carrier may not forward or transport the rail car until the deficiencies are corrected or the car is approved for movement in accordance with § 174.50.
(d) Where an indication of tampering or suspicious item is found, a carrier must take appropriate action to ensure the security of the rail car and its contents have not been compromised before accepting the rail car for further movement. If the carrier determines that the security of the rail car has been compromised, the carrier must take action, in conformance with its existing security plan (see subpart I of part 172 of this subchapter) to address the security issues before forwarding the rail car for further movement.
(a) A carrier must forward each shipment of hazardous materials promptly and within 48 hours (Saturdays, Sundays, and holidays excluded), after acceptance at the originating point or receipt at any yard, transfer station, or interchange point, except that where biweekly or weekly service only is performed, a shipment of hazardous materials must be forwarded on the first available train.
(b) A tank car loaded with any Division 2.1 (flammable gas), Division 2.3 (poisonous gas) or Class 3 (flammable liquid) material, may not be received and held at any point, subject to forwarding orders, so as to defeat the purpose of this section or of § 174.204 of this subchapter.
(a)
(b)
(1)
(2)
(3)
(a) When local conditions make the acceptance, transportation, or delivery of hazardous materials unusually hazardous, local restrictions may be imposed by the carrier.
(b) Each carrier must report to the Bureau of Explosives for publication the full information as to any restrictions which it imposes against the acceptance, delivery, or transportation of hazardous materials, over any portion of its lines under this section.
(a) A person may not accept a hazardous material for transportation or transport a hazardous material by rail unless that person receives a shipping paper prepared in accordance with part 172 of this subchapter, unless the material is excepted from shipping paper requirements under this subchapter. Only an initial carrier within the United States must receive and retain a copy of the shipper's certification as required by § 172.204 of this subchapter. This section does not apply to a material that is excepted from shipping paper requirements by this subchapter.
(b) Each person receiving a shipping paper required by this section must retain a copy or an electronic image thereof, that is accessible at or through its principal place of business and must make the shipping paper available, upon request, to an authorized official of a Federal, State, or local government agency at reasonable times and locations. For a hazardous waste, each shipping paper copy must be retained for three years after the material is accepted by the initial carrier. For all other hazardous materials, each shipping paper copy must be retained for one year after the material is accepted by the initial carrier. Each shipping paper copy must include the date of acceptance by the initial carrier. The date on the shipping paper may be the date a shipper notifies the rail carrier that a shipment is ready for transportation, as indicated on the waybill or bill of lading, as an alternative to the date the shipment is picked up, or accepted, by the carrier.
(a) The train crew must have a document that reflects the current position in the train of each rail car containing a hazardous material. The train crew must update the document to indicate changes in the placement of a rail car within the train. For example, the train crew may update the document by handwriting on it or by appending or attaching another document to it.
(b) A member of the crew of a train transporting a hazardous material must have a copy of a document for the hazardous material being transported showing the information required by part 172 of this subchapter, including the requirements in § 172.604(b) applicable to emergency response information.
A leaking non-bulk package may not be forwarded until repaired, reconditioned, or overpacked in accordance with § 173.3 of this subchapter. Except as otherwise provided in this section, a bulk packaging that no longer conforms to this subchapter may not be forwarded by rail unless repaired or approved for movement by the Associate Administrator for Safety, Federal Railroad Administration. Notification and approval must be in writing, or through telephonic or electronic means, with subsequent written confirmation provided within two weeks.
(a) Each package containing a hazardous material being transported by rail in a freight container or transport vehicle must be loaded so that it cannot fall or slide and must be safeguarded in such a manner that other freight cannot fall onto or slide into it under conditions normally incident to transportation. When this protection cannot be provided by using other freight, it must be provided by blocking and bracing. For examples of blocking and bracing in freight containers and transport vehicles, see Bureau of Explosives Pamphlet No. 6 and the Intermodal Loading Guide for Products in Closed Trailers and Containers (IBR, see § 171.7 of this subchapter).
(b) Each package containing a hazardous material bearing package orientation markings prescribed in § 172.312 of this subchapter must be loaded within a transport vehicle or freight container to remain in the correct position indicated by those markings during transportation.
(c) The doors of a freight container or transport vehicle may not be used to secure a load that includes a package containing a hazardous material unless the doors meet the design strength requirements of Specification M-930 (for freight containers) and M-931 (for trailers) in the AAR's specification for “Specially Equipped Freight Car and Intermodal Equipment” (IBR, see § 171.7 of this subchapter) and the load is also within the limits of the design strength requirements for the doors.
All hazardous material which has leaked from a package in any rail car or on other railroad property must be carefully removed.
No person may transport a rail car carrying hazardous materials unless it is marked and placarded as required by this subchapter. Placards and car certificates lost in transit must be replaced at the next inspection point, and those not required must be removed at the next terminal where the train is classified. For Canadian shipments, required placards lost in transit, must be replaced either by those required by part 172 of this subchapter or by those authorized under § 171.12.
(a) A transport vehicle, freight container, or package containing a hazardous material must be designed and loaded so that it will not become damaged to an extent that would affect its integrity under conditions normally incident to transportation. Each unit must be secured on a flatcar so that it cannot permanently change position during transit. Packages of hazardous materials contained therein must be loaded and braced as provided by §§ 174.101, 174.112, 174.115 and 174.55. Placards must be applied when prescribed by part 172 of this subchapter and part 174.
(b) Except as specified in § 173.21, a truck body, trailer, or freight container equipped with heating or refrigerating equipment which has fuel or any article classed as a hazardous material may be loaded and transported on a flat car as part of a joint rail highway movement. The heating or refrigerating equipment is considered to be a part of the truck body or trailer and is not subject to any other requirements
(a) A carrier may not transport a bulk packaging (
(b) A bulk packaging containing a hazardous material (including IM 101 and IM 102 when appropriate according to dimensions and weight distribution) may be transported inside a fully closed transport vehicle or fully closed freight container provided it is properly secured with a restraint system that will prevent it from changing position, sliding into other packages, or contacting the side or end walls (including doors) under conditions normally incident to transportation.
(c) When not transported in conformance with and subject to paragraph (b) of this section, a bulk packaging may be transported in COFC service or TOFC service subject to the following conditions as applicable:
(1) The bulk packaging contains a material packaged in accordance with § 173.240, 173.241, 173.242, or 173.243 of this subchapter;
(2) The tank and flatcar conform to requirements in AAR 600 of the AAR Specifications for Tank Cars, “Specifications for Acceptability of Tank Containers” (IBR, see § 171.7 of this subchapter);
(3) For TOFC service, the trailer chassis conforms to requirements in paragraphs 3, 4, 5, and 6 of AAR Specification M-943, “Container Chassis For TOFC Service” of the AAR specification for “Specially Equipped Freight Car and Intermodal Equipment” (IBR, see § 171.7 of this subchapter);
(4) For COFC service, the container support and securement systems conform to requirements in Specification M-952, “Intermodal Container Support and Securement Systems for Freight Cars”, of the AAR specification for “Specially Equipped Freight Car and Intermodal Equipment” (IBR, see § 171.7 of this subchapter);
(5) If transported in a well car—
(i) The tank is not in a double-stacked configuration (i.e., no freight container or portable tank is placed above or below the tank); and
(ii) The tank is transported in the well with its outlet valve facing outward towards the end of the well and away from any adjacent tank or container; and
(6) All securement fittings shall be fully engaged and in the locked position, provided; however, if the tank is transported in a well car, it must be loaded into a well appropriate for the length of the container and any void filling device present must be secured in its designed appropriate position.
(d) An approval in effect on February 28, 1991 for the transportation of portable tanks or IM portable tanks in TOFC or COFC service expires on the date stated in the approval letter or June 15, 1995, whichever is later.
(e) A carrier may not transport a cargo tank or multi-unit tank car tank containing a hazardous material in TOFC or COFC service unless approved for such service by the Associate Administrator for Safety, FRA. However, in the event of an accident or incident, no such approval is necessary for the transportation of a cargo tank containing a hazardous material in TOFC service under the following condition(s):
(1) There is an emergency need for the cargo tank in order to mitigate the consequences of an incident; and
(2) Movement of the cargo tank is limited to transportation necessary for emergency purposes.
For transloading operations, the following rules must be observed:
(a)
(2) Each hazmat employee who is responsible for unloading must apply the handbrake and block at least one wheel to prevent movement in any direction. If multiple tank cars are coupled together, sufficient hand brakes must be set and wheels blocked to prevent movement in both directions.
(3) Each hazmat employee who is responsible for unloading must secure access to the track to prevent entry by other rail equipment, including motorized service vehicles. This requirement may be satisfied by lining each switch providing access to the unloading area against movement and securing each switch with an effective locking device, or by using derails, portable bumper blocks, or other equipment that provides and equivalent level of safety.
(4) Each hazmat employee who is responsible for unloading must display caution signs on the track or on the tank cars to warn persons approaching the cars from the open end of the track and must be left up until after all closures are secured and the cars are in proper condition for transportation. The caution signs must be of metal or other durable material, rectangular, at 30.48 cm (12 inches) high by 38.10 cm (15 inches) wide, and bear the word “STOP.” The word “STOP” must appear in letters at least 10.16 cm (4 inches) high. The letters must be white on a blue background. Additional words, such as “Tank Car Connected” or “Crew at Work,” may also appear in white letters under the word “STOP.”
(5) The transloading facility operator must maintain written safety procedures (such as those it may already be required to maintain pursuant to the Department of Labor's Occupational Safety and Health Administration requirements in 29 CFR 1910.119 and 1910.120) in a location where they are immediately available to hazmat employees responsible for the transloading operation.
(6) Before a manhole cover or outlet valve cap is removed from a tank car, the car must be relieved of all interior pressure by cooling the tank with water or by venting the tank by raising the safety valve or opening the dome vent at short intervals. However, if venting to relieve pressure will cause a dangerous amount of vapor to collect outside the car, venting and unloading must be deferred until the pressure is reduced by allowing the car to stand overnight, otherwise cooling the contents, or venting to a closed collection system. These precautions are not necessary when the car is equipped with a manhole cover which hinges inward or with an inner manhole cover which does not have to be removed to unload the car, and when pressure is relieved by piping vapor into a condenser or storage tank.
(b) After the pressure is released, for unloading processes that require the removal of the manhole cover, the seal must be broken and the manhole cover removed as follows:
(1)
(2)
(3)
(c) When the car is unloaded through a bottom outlet valve, for unloading processes that require the removal of the manhole cover, the manhole cover must be adjusted as follows:
(1)
(2)
(3)
(d) When unloading through the bottom outlet of a car equipped with an interior manhole type cover, and in each case where unloading is done through the manhole (unless a special cover with a safety vent opening and a tight connection for the discharge outlet is used), the manhole must be protected by asbestos or metal covers against the entrance of sparks or other sources of ignition of vapor, or by being covered and surrounded with wet burlap or similar cloth material. The burlap or other cloth must be kept damp by the replacement or the application of water as needed.
(e) Seals or other substances must not be thrown into the tank and the contents may not be spilled over the car or tank.
(f) The valve rod handle or control in the dome must be operated several times to see that outlet valve in bottom of tank is on its seat before valve cap is removed.
(g) The valve cap, or the reducer when a large outlet is to be used, must be removed with a suitable wrench after the set screws are loosened and a pail must be placed in position to catch any liquid that may be in the outlet chamber. If the valve cap or reducer does not unscrew easily, it may be tapped lightly with a mallet or wooden block in an upward direction. If leakage shows upon starting the removal, the cap or reducer may not be entirely unscrewed. Sufficient threads must be left engaged and sufficient time allowed to permit controlled escape of any accumulation of liquid in the outlet chamber. If the leakage stops or the rate of leakage diminishes materially, the cap or reducer may be entirely removed. If the initial rate of leakage continues, further efforts must be made to seat the outlet valve (see paragraph (f) of this section). If this fails, the cap or reducer must be screwed up tight and the tank must be unloaded through the dome. If upon removal of the outlet cap the outlet chamber is found to be blocked with frozen liquid or any other matter, the cap must be replaced immediately and a careful examination must be made to determine whether the outlet casting has been cracked. If the obstruction is not frozen liquid, the car must be unloaded through the dome. If the obstruction is frozen liquid and no crack has been found in the outlet casting, the car may, if circumstances require it, be unloaded from the bottom by removing the cap and attaching unloading connections immediately. Before opening the valve inside the tank car, steam must be applied to the outside of the outlet casting or wrap casting with burlap or other rags and hot water must be applied to melt the frozen liquid.
(h) Unloading connections must be securely attached to unloading pipes on the dome or to the bottom discharge outlets before any discharge valves are opened.
(i) Throughout the entire period of unloading and while a tank car has unloading equipment attached, the facility operator must assure that the tank car is:
(1) Attended by a designated hazmat employee who is physically present and who has an unobstructed view of the unloading operation; or
(2) Monitored by a signaling system (
(i) Provide a level of surveillance equivalent to that provided in subparagraph (1) of this paragraph (i); and
(ii) Provide immediate notification to a designated hazmat employee of any system malfunction or other emergency so that, if warranted, responsive actions may be initiated immediately.
(j) Attendance is not required when piping is attached to a top outlet of a tank car, equipped with a protective housing required under § 179.100-12 of this subchapter, for discharge of lading under the following conditions:
(1) All valves are tightly closed.
(2) The piping is not connected to hose or other unloading equipment and is fitted with a cap or plug of appropriate material and construction.
(3) The piping extends no more than 15.24 centimeters (6 inches) from the outer edge of the protective housing.
(k) In the absence of the unloader, a tank car may stand with unloading connections attached when no product is being transferred under the following conditions:
(1) The facility operator must designate a hazmat employee responsible for on-site monitoring of the transfer facility. The designated hazmat employee must be made familiar with the nature and properties of the product contained in the tank car; procedures to be followed in the event of an emergency; and, in the event of an emergency, have the ability and authority to take responsible actions.
(2) When a signaling system is used in accordance with paragraph (i) of this section, the system must be capable of alerting the designated hazmat employee in the event of an emergency and providing immediate notification of any monitoring system malfunction. If the monitoring system does not have self-monitoring capability, the designated hazmat employee must check the monitoring system hourly for proper operation.
(3) The tank car and facility shutoff valves must be secured in the closed position.
(4) Brakes must be set and wheels locked in accordance with paragraph (a)(2) of this section.
(5) Access to the track must be secured in accordance with paragraph (a)(3) of this section.
(l) As soon as a tank car is completely unloaded, all valves must be made tight by the use of a bar, wrench or other suitable tool, the unloading connections must be removed and all other closures made tight.
(m) Railroad defect cards may not be removed.
(n) If oil or gasoline has been spilled on the ground around connections, it must be covered with fresh, dry sand or dirt.
(o) All tools and implements used in connection with unloading must be kept free of oil, dirt, and grit.
(a) This section applies to materials which meet one or more of the hazard classes defined in this subchapter and are in packages which are required to be labeled or placarded under the provisions of part 172 of this subchapter.
(b) When a rail car is to be transported by vessel, other than a ferry vessel, hazardous materials on or within that rail car must be stowed and segregated in accordance with § 176.83(b) of this subchapter.
(c) Except as provided in § 173.12(e) of this subchapter, cyanides, cyanide mixtures or solutions may not be stored, loaded and transported with acids; Division 4.2 materials may not be stored, loaded and transported with Class 8 liquids; and Division 6.1 Packing Group I, Hazard Zone A material may not be stored, loaded and transported with Class 3 material, Class 8 liquids, and Division 4.1, 4.2, 4.3, 5.1 or 5.2 material.
(d) Except as otherwise provided in this subchapter, hazardous materials must be stored, loaded or transported in accordance with the following table and other provisions of this section:
(e) Instructions for using the segregation table for hazardous materials in paragraph (d) of this section are as follows:
(1) The absence of any hazard class or division, or a blank space in the table indicates that no restrictions apply.
(2) The letter “X” in the table indicates that these materials may not be loaded, transported, or stored together in the same rail car or storage facility during the course of transportation.
(3) The letter “O” in the table indicates that these materials may not be loaded, transported, or stored together in the same rail car or storage facility during the course of transportation unless separated in a manner that, in the event of leakage from packages under conditions normally incident to transportation, commingling of hazardous materials would not occur. Notwithstanding the methods of separation employed, Class 8 (corrosive) liquids may not be loaded above or adjacent to Class 4 (flammable) or Class 5 (oxidizing) materials; except that shippers may load carload shipments of such materials together when it is known that the mixture of contents would not cause a fire or a dangerous evolution of heat or gas.
(4) The “*” in the table indicates that segregation among different Class 1 (explosive) materials is governed by the compatibility table in paragraph (f) of this section.
(5) The note “A” in the second column of the table means that, notwithstanding the requirements of the letter “X”, ammonium nitrate fertilizer may be loaded or stored with Division 1.1 (explosive) or Division 1.5 materials.
(6) When the § 172.101 table or § 172.402 of this subchapter requires a package to bear a subsidiary hazard label, segregation appropriate to the subsidiary hazard must be applied when that segregation is more restrictive than that required by the primary hazard. However, hazardous materials of the same class may be loaded and transported together without regard to segregation required by any secondary hazard if the materials are not capable of reacting dangerously with each other and causing combustion or dangerous evolution of heat, evolution of flammable, poisonous, or asphyxiant gases, or formation of corrosive or unstable materials.
(f) Class 1 (explosive) materials may not be loaded, transported, or stored together, except as provided in this section, and in accordance with the following table:
(g) Instructions for using the compatibility table for Class 1 (explosive) materials in paragraph (f) of this section are as follows:
(1) A blank space in the table indicates that no restrictions apply.
(2) The letter “X” in the table indicates that explosives of different compatibility groups may not be carried on the same rail car, unless packed in separate freight containers (e.g., two or more freight containers mounted upon the same rail car).
(3) The numbers in the table mean the following:
(i) “1” means explosives from compatibility group L may only be carried
(ii) “2” means any combination of explosives from compatibility group C, D, or E is assigned to compatibility group E.
(iii) “3” means any combination of explosives from compatibility group C, D, or E with those in compatibility group N is assigned to compatibility group D.
(iv) “4” means detonators and detonating primers, Division 1.4S (explosives), may not be loaded in the same car with Division 1.1 and 1.2 (explosive) materials.
(v) “5” means Division 1.4S fireworks may not be loaded in the same car with Division 1.1 or 1.2 (explosive) materials.
(vi) “6” means explosive articles in compatibility group G, other than fireworks and those requiring special stowage, may be loaded and transported with articles of compatibility groups C, D and E, provided no explosive substances are carried in the same rail car.
(h) Except as provided in paragraph (i) of this section, explosives of the same compatibility group but of different divisions may be transported together provided that the whole shipment is transported as though its entire contents were of the lower numerical division (i.e., Division 1.1 being lower than Division 1.2). For example, a mixed shipment of Division 1.2 (explosive) materials and Division 1.4 (explosive) materials, compatibility group D, must be transported as Division 1.2 (explosive) materials.
(i) When Division 1.5 materials, compatibility group D are transported in the same freight container as Division 1.2 (explosive) materials, compatibility group D, the shipment must be transported as Division 1.1 (explosive) materials, compatibility group D.
(a) Unless otherwise specified, this subpart does not apply to the handling of rail cars, transport vehicles, freight containers, or bulk packagings, which contain Division 1.6, combustible liquids, Division 6.1 PG III materials, Class 9 materials, or ORM-D materials.
(b) A placarded rail car, transport vehicle, freight container, or bulk package may not be transported in a passenger train.
(a) In switching operations where the use of hand brakes is necessary—
(1) It must be determined by trial whether a loaded, placarded car, or a car occupied by a rider in a draft containing a placarded car, has its hand brakes in proper working condition before it is cut off;
(2) A loaded, placarded tank car or a draft which includes a loaded placarded tank car may not be cut off until the preceeding rail car clears the ladder track; and
(3) A loaded, placarded tank car or a draft which includes a loaded placarded tank car must clear the ladder track before another rail car is allowed to follow.
(b) Any loaded rail car placarded for a Division 1.1 or Division 1.2 explosive, a Division 2.3 Hazard Zone A gas or a Division 6.1 PG I Hazard Zone A material, or a Class DOT 113 tank car displaying a Division 2.1 (flammable gas) placard, including a Class DOT 113 tank car containing only a residue of a Division 2.1 material, may not be:
(1) Cut off while in motion;
(2) Coupled into with more force than is necessary to complete the coupling; or
(3) Struck by any car moving under its own momentum.
(c) A placarded flatcar, or a flatcar carrying a placarded transport vehicle, freight container, or bulk packaging under this subchapter may not be cut off while in motion.
(d) No rail car moving under its own momentum may be permitted to strike any placarded flatcar or any flatcar carrying a placarded transport vehicle, freight container, or bulk packaging.
(e) No placarded flatcar or any flatcar carrying a placarded transport vehicle, freight container, or bulk packaging may be coupled into with more force than is necessary to complete the coupling.
(f) When transporting a rail car, transport vehicle, or freight container placarded for Division 1.1 or 1.2 (explosive) materials in a terminal, yard, or on a side track or siding, the placarded rail car must be separated from the engine by at least one non-placarded rail car and must be placed in a location so that it will be safe from danger of fire. A rail car, transport vehicle, or freight container placarded for Division 1.1 or 1.2 (explosive) materials may not be placed under a bridge or overhead crossing, or in or alongside a passenger shed or station, except during transfer operations.
A rail car placarded in Division 1.1 or 1.2 (explosive); Division 2.3 (Hazard Zone A; poisonous gas); or Division 6.1 (PG I, Hazard Zone A; poisonous liquid) in a moving or standing train must be next to and ahead of any car occupied by the guards or technical escorts accompanying the placarded rail car. However, if a rail car occupied by the guards or technical escorts has temperature control equipment in operation, it must be the fourth car behind any car requiring Division 1.1 or 1.2 (explosive) placards.
(a) Except as provided in paragraphs (b) and (c) of this section, the position in a train of each loaded placarded car, transport vehicle, freight container, and bulk packaging must conform to the provisions of this section.
(b) A car placarded “RADIOACTIVE” must comply with train positioning requirements of paragraph (d) of this section and must be separated from a locomotive, occupied caboose, or carload of undeveloped film by at least one non-placarded car.
(c) A tank car containing the residue of a hazardous material must be separated from a locomotive or occupied caboose by at least one rail car other than a placarded tank car.
(d) Position of rail cars in a train. In the following table:
(1) Where an “X” appears at the intersection of a Placard Group column and a Restriction row, the corresponding restriction applies.
(2) “Rail Car” means a car other than a tank car.
(3) For purposes of this subpart, each unit of an articulated intermodal rail car shall be considered as one car.
(a) For molten metals and molten glass shipped in packagings other than those prescribed in § 173.247 of this subchapter, the maximum allowable operating speed may not exceed 24 km/hour (15 mph) for shipments by rail.
(b) For trains transporting any loaded, placarded tank cars containing a material poisonous by inhalation, the maximum allowable operating speed may not exceed 80.5 km/hour (50 mph) for shipments by rail.
(a) Boxes containing Division 1.1 or 1.2 (explosive) materials must be loaded so that the ends of wooden boxes will not bear against sides of any fiberboard boxes and so that the ends of any box will not cause a pressure point on a small area of another box.
(b) Explosive bombs, unfuzed projectiles, rocket ammunition and rocket motors, Division 1.1, 1.2, or 1.3 (explosive) materials, which are not packed in wooden boxes, or large metal packages of incendiary bombs, each weighing 226 kg (500 pounds) or more, may be loaded in stock cars or in flat bottom gondola cars only if they are adequately braced. Boxed bombs, rocket ammunition and rocket motors, Division 1.1, 1.2, or 1.3 (explosive) materials, which due to their size cannot be loaded in closed cars, may be loaded in open-top cars or on flatcars, provided they are protected from the weather and accidental ignition.
(c) Boxes of Division 1.1 or 1.2 (explosive) materials packed in long cartridges, bags, or sift-proof liners, and containing no liquid explosive ingredient, may be loaded on their sides or ends.
(d) Division 1.1 or 1.2 (explosive) materials may not be loaded higher than any permanent car lining unless additional lining is provided as high as the lading.
(e) When the lading of a car includes any Class 1 (explosive) materials, the weight of the lading must be distributed insofar as possible to equalize the weight on each side of the car and over the trucks.
(f) Except when boxed, metal kegs containing Class 1 (explosive) materials must be loaded on their sides with their ends toward the ends of the car. Packages of Class 1 (explosive) materials may not be placed in the space opposite the doors unless the doorways are boarded on the inside as high as the lading. This paragraph does not apply to palletized packages if they are braced so they cannot fall or slide into the doorways during transportation.
(g) Wooden kegs, fiber kegs, barrels, and drums must be loaded on their sides or ends, to best suit the conditions.
(h) Packages containing any Division 1.1 or 1.2 (explosive) materials for (see § 174.104), detonators, detonator assemblies, or boosters with detonators must be securely blocked and braced to prevent the packages from changing position, falling to the floor, or sliding into each other, under conditions normally incident to transportation. Class 1 (explosive) materials must be loaded so as to avoid transfer at stations. For recommended methods of blocking and bracing, see Bureau of Explosives Pamphlets No. 6 and 6A. Heavy packages or containers must be trucked, rolled, or moved by skids, fork trucks, or other handling devices and may not be dropped from trucks, platforms, or cars. Planks for rolling trucks from platforms to cars must have beveled ends. Loading platforms and the shoes of each workman must be free from grit. All possible precautions must be taken against fire. Class 1 (explosive) materials must be kept in a safe place and inaccessible to unauthorized persons while being held by a carrier for loading or delivery.
(i) To prevent delays of local freight trains, when there are shipments of Class 1 (explosive) materials for different destinations loaded in a “peddler car” or “way car” the shipment for each destination must be stayed separately.
(j) Forwarding and transfer stations for Class 1 (explosive) materials must be provided with the necessary materials for staying.
(k) Shippers must furnish the material for staying packages of Class 1 (explosive) materials loaded by them.
(l) Division 1.1 or 1.2 (explosive) materials may not be loaded, transported, or stored in a rail car equipped with any type of lighted heater or open-flame device, or electric devices having exposed heating coils, or in a rail car equipped with any apparatus or mechanism utilizing an internal combustion engine in its operation.
(m) [Reserved]
(n) A container car or freight container on a flatcar or a gondola car other than a drop-bottom car, when properly loaded, blocked, and braced to prevent change of position under conditions normally incident to transportation, may be used to transport any Division 1.1 or 1.2 (explosive) material except black powder packed in metal containers. A freight container must be designed, constructed, and maintained so as to be weather tight and capable of preventing the entrance of sparks. In addition:
(1) A freight container must be of such design and so braced as to show no evidence of failure of the container or the bracing when subjected to impact from each end of at least 13 km (8.1 miles) per hour. Its efficiency shall be determined by actual test, using dummy loads equal in weight and general character to material to be shipped.
(2) A container car or car which is loaded with freight containers must be placarded with the Class 1 (explosive) materials placards as required by subpart F of part 172 of this subchapter and with properly executed car certificates as required by § 174.104.
(3) Lading must be so loaded, blocked, and braced within the freight container that it will not change position under impact from each end of at least 13 km (8.1 miles) per hour.
(o) Division 1.1, 1.2, or 1.3 (explosive) materials may be loaded and transported in a tight closed truck body or
(1) Each truck body or trailer must meet the requirements of part 177 of this subchapter, applicable to shipments of Class 1 (explosive) materials by motor vehicle.
(2) Each truck body or trailer must be secured on the rail car so that it will not permanently change position or show evidence of failure or impending failure of the method of securing the truck body or trailer under impact from each end of at least 13 km (8.1 miles) per hour. Its efficiency must be determined by actual test, using dummy loads equal in weight and general character to the material to be shipped. For recommended methods of blocking and bracing, see the Intermodal Loading Guide for Products in Closed Trailers and Containers (IBR,
(3) Lading must be loaded, blocked, and braced within or on the truck body or trailer so that the lading will not change position under impact from each end of at least 13 km (8.1 miles) per hour. For recommended methods of blocking and bracing, see the Intermodal Loading Guide for Products in Closed Trailers and Containers (IBR,
(4) Each rail car containing Class 1 (explosive) materials and each rail car loaded with truck bodies, trailers or containers containing Class 1 (explosive) materials must be placarded with Class 1 (explosive) materials placards as required by subpart F of part 172 of this subchapter and with properly executed car certificates as required by § 174.104.
(5) Each fuel tank of a heater or refrigerating machinery on the truck bodies or trailers must be drained and all automatic heating or refrigerating machinery must be made inoperative by disconnection of the automatic controls or the source of power for their operations.
(a) Division 1.1 or 1.2 (explosive) materials and initiating or priming explosives may not be transported together in the same rail car. Additionally, they may not be transported or loaded in the same rail car or stored on carrier property with charged electric storage batteries or with any hazardous material for which a NONFLAMMABLE GAS, FLAMMABLE GAS, FLAMMABLE LIQUID, FLAMMABLE SOLID, OXIDIZER, ORGANIC PEROXIDE, RADIOACTIVE or CORROSIVE label is required.
(b) Class 1 (explosive) materials may not be loaded together or with other hazardous materials, except as provided in § 174.81. See § 174.104 for loading shipments of Class 1 (explosive) materials or any other material in a placarded and certified car containing a shipment of Division 1.1 or 1.2 (explosive) materials.
(a) Packages of Class 1 (explosive) materials found damaged or broken in transit may be repaired when practicable and not dangerous. A broken box of Division 1.1 or 1.2 (explosive) materials that cannot be repaired must be reinforced by stout wrapping paper and twine, placed in another strong box and surrounded by dry, fine sawdust or dry and clean cotton waste or elastic wads made from dry newspapers. A ruptured can or keg must be sealed and enclosed in a strong cloth bag of good quality and boxed. Damaged packages thus protected and properly marked may be forwarded. The box and waybill
(b) Care must be exercised in repacking damaged containers so that no spark is produced by contact of metal or other hard surfaces which could ignite loose particles of explosive compositions that may be strewn on car floors or freight. In addition, the car floors must be thoroughly swept, and washed with a plentiful supply of water. Iron-wheel trucks, metal hammers, or other metal tools that may produce sparks may not be used. Metal tools must be limited to those made of brass, bronze, or copper.
(c) Each package of Class 1 (explosive) materials showing evidence of leakage of liquid ingredients must:
(1) Be refused if leakage is discovered before acceptance;
(2) Be disposed of to a person who is competent and willing to remove them from the carrier's property, if the leakage is discovered while the shipment is in transit; or
(3) Be removed immediately by consignee, if the leakage is discovered at the shipment's destination.
(d) When the disposition required by paragraph (c) of this section cannot be made, the leaking package must be packed in other boxes large enough to permit enclosure and the leaking boxes must be surrounded by at least 5 cm (2 inches) of dry, fine sawdust or dry and clean cotton waste, and be stored in a station magazine or other safe place until the arrival of an inspector of the Bureau of Explosives, or other authorized person, to superintend the destruction or disposition of the condemned material.
(e) If careful inspection shows that an astray shipment of Class 1 (explosive) materials is in proper condition for safe transportation, it must be forwarded immediately to its destination if known, or returned to the shipper by the most practicable route.
(f) When a package in an astray shipment is not in proper condition for safe transportation (see paragraphs (a), (c), and (d) of this section), or when the name and address of the consignee and the shipper are unknown, disposition must be made as prescribed by paragraphs (c) and (d) of this section.
(a) Except as provided in § 174.101 (b), (n), and (o), Division 1.1 or 1.2 (explosive) materials being transported by rail may be transported only in a certified and properly placarded closed car of not less than 36,300 kg (80,028 pounds) capacity, with steel underframes and friction draft gear or cushioned underframe, except that on a narrow-gauge railroad they may be transported in a car of less capacity as long as the car of greatest capacity and strength available is used.
(b) Each rail car used for transporting Division 1.1 or 1.2 (explosive) materials must meet the following requirements as applicable:
(1) The car must be equipped with air brakes, hand brakes, and roller bearings which are in condition for service.
(2) The car may not have any holes or cracks in the roof, sides, ends, or doors through which sparks may enter, or unprotected decayed spots which may hold sparks and start a fire.
(3) The roof of the car must be carefully inspected from the outside for decayed spots, especially under or near the running board, and such spots must be covered or repaired to prevent their holding fire from sparks. A car with a roof generally decayed, even if tight, may not be used.
(4) The doors must close tightly so that sparks cannot get in at the joints, and, if necessary to achieve this degree of tightness, the doors must be stripped. The stripping should be placed on the inside and fastened to the door frames where it will form a shoulder against which the closed doors are pressed by means of wedges or cleats in door shoes or keepers. The openings under the doors should be similarly closed. The hasp fastenings must be examined with the doors closed and fastened, and the doors must be cleated when necessary to prevent them from shifting. When the car is opened for any reason, the wedges or cleats must
(5) The roller bearings and the trucks must be carefully examined and put in such condition as to reduce to a minimum the danger of hotboxes or other failure necessitating the setting out of the car before reaching its destination.
(6) The car must be carefully swept out before it is loaded. For less-than-carload shipments the space in which the packages are to be loaded must be carefully swept. If evidence of a potential hazardous residue is apparent after the floor has been swept, the carrier must either decontaminate the car or provide a suitable substitute car.
(7) Any holes in the floor or lining must be repaired and special care taken that there are no projecting nails or bolts or exposed pieces of metal which may work loose or produce holes in packages of Class 1 (explosive) materials during transit. Protruding nails in the floor or lining which have worked loose must be drawn, and if necessary for the purpose of fastening the floor or lining, new nails must be driven through other parts thereof.
(8) Metal floor plates must be completely covered with wood, plywood, or fiber or composition sheets of adequate thickness and strength to prevent contact of the floor plates with the packages of Class 1 (explosive) materials under conditions incident to transportation, except that the covering of metal floor plates is not necessary for carload shipments loaded by the Department of Defense provided the Class 1 (explosive) materials are of such nature that they are not liable to leakage of dust, powder, or vapor which might become the cause of an explosion.
(9) If the car is equipped with automobile loading devices, it may not be used unless the loading device is securely attached to the roof of the car with fastenings supplementing those already provided and so fixed that it cannot fall.
(10) The car must be equipped with high-friction composition brake shoes (except metal deck flat cars used for COFC/TOFC service may be equipped with high phosphorus cast iron brakeshoes) and brake rigging designed for this type of brake shoe. Each brake shoe on the car must be at least 1 cm (0.4 inch) thick, and in safe and suitable condition for service.
(11) The car must have either a metal subfloor with no combustible material exposed beneath the car, or metal spark shields extending from center sill to side sills and from end sills to at least 30 cm (12 inches) beyond the extreme treads of the inside wheels of each truck, which are tightly fitted against the subfloor so that there is no vacant space or combustible material exposed. The metal subfloor or spark shields may not have an accumulation of oil, grease, or other debris which could support combustion.
(c) Before Division 1.1 or 1.2 (explosive) materials may be loaded into a rail car, the car must have been inspected and certified to be in compliance with the requirements of paragraph (b) of this section by a qualified person designated under § 215.11 of this title. The certification shall be made in Car Certificate No. 1 on the form prescribed in paragraph (f) of this section.
(d) If the carrier furnishes the car to a shipper for loading Division 1.1 or 1.2 (explosive) materials, the shipper or his authorized employee shall, before commencing the loading of the car, inspect the interior thereof, and after loading certify to the proper condition of the car and the loading. This certification shall be made on the first signature line in Car Certificate No. 2 on the form prescribed in paragraph (f) of this section. In addition, the finished load must be inspected and certified to be in compliance with the requirements of this part by a qualified person designated under § 215.11 of this title before the car goes forward. This certification shall be made on the second signature line in Car Certificate No. 2 on the form prescribed in paragraph (f) of this section. If the loading is performed by the carrier, Car Certificate No. 2 may only be signed by a qualified person designated under § 215.11 of this title.
(e) If a trailer or container containing Division 1.1 or 1.2 (explosive) materials is loaded on a flatcar, the loading and securing of the load on the
(f) Each car certificate for use in connection with the inspection of rail cars for the carriage of Division 1.1 or 1.2 (explosive) materials shall be printed on strong tag board measuring 18 by 18 cm (7.1 by 7.1 inches) or 15 by 20 cm (5.9 by 7.9 inches). It must be duly executed in triplicate by the carrier, and by the shipper if he loads the shipments. The original must be filed by the carrier at the forwarding station in a separate file and the other two must be attached to the car, one to each outer side on a fixed placard board or as otherwise provided.
I hereby certify that I have this day personally examined Car Number ___ and that the car is in condition for service and complies with the FRA Freight Car Safety Standards (49 CFR part 215) and with the requirements for freight cars used to transport explosives prescribed by the DOT Hazardous Materials Regulation (49 CFR part 174).
I have this day personally examined the above car and hereby certify that the explosives in or on this car, or in or on vehicles or in containers have been loaded and braced; that placards have been applied, according to the regulations prescribed by the Department of Transportation; and that the doors of cars so equipped fit or have been stripped so that sparks cannot enter.
I hereby certify that I have this day personally supervised the loading of the vehicles or containers on and their securement to the above car.
A shipper must decline to use a car not in proper condition.
All certificates, where applicable, must be signed.
For
Before a shipment of Division 1.1 or 1.2 (explosive) materials destined to a point beyond the lines of the initial carrier is accepted from the shipper, the initial carrier shall ascertain that the shipment can go forward by the route designated. To avoid delays en route, the initial carrier must be in possession of full rate information before forwarding the shipment.
(a) A carrier may not accept for transportation Division 1.1 or 1.2 (explosive) materials, detonators, or detonating primers in any quantity when consigned to “order-notify” or “C.O.D.”, except on a through bill of lading to a place outside the United States.
(b) A carrier may not accept for transportation Division 1.1 or 1.2 (explosive) materials, detonators, or detonating primers which the shipper consigns to himself unless the shipper has a resident representative to receive them at the delivery point.
(c) A carrier may not accept Division 1.1 or 1.2 (explosive) materials for transportation subject to “stop-off privileges en route for partial loading or unloading.”
When specially authorized by the carrier, Division 1.1 or 1.2 (explosive) materials in quantity not exceeding 68 kg (150 pounds) may be carried in construction or repair cars if the packages of Class 1 (explosive) materials are placed in a “magazine” box made of sound lumber not less than 2.5 cm (0.98 inch) thick, covered on the exterior with metal, and provided with strong handles. The box must be plainly stenciled on the top, sides, and ends, in letters not less than 5 cm (2 inches) high, “EXPLOSIVES—DANGEROUS—HANDLE CAREFULLY”. The box must be provided with strong hinges and with a lock for keeping it securely closed. Vacant space in the box must be filled with a cushioning material such as sawdust or excelsior, and the box must be properly stayed to prevent shifting within the car. The car must be placarded with EXPLOSIVES 1.1 or 1.2 (EXPLOSIVES A) placards when the magazine contains Division 1.1 or 1.2 (explosive) materials.
(a) Division 1.3 materials and Division 1.2 (explosive) materials may not be loaded, transported or stored in a rail car equipped with any type of lighted heater or open-flame device, or in a rail car equipped with any apparatus or mechanism utilizing an internal combustion engine in its operation.
(b) Except as provided in § 174.101(b), (n), or (o) Division 1.3 materials and Division 1.2 (explosive) materials must be transported in a closed car or container car which is in good condition, and into which sparks cannot enter. The car does not require the car certificates prescribed in § 174.104(c) through (f). If the doors are not tight, they must be stripped to prevent the entrance of sparks. Wood floored cars must be equipped with spark shields (see § 174.104). Packages of Division 1.3 materials and Division 1.2 (explosive) materials must be blocked and braced to prevent their shifting and possible damage due to shifting of other freight during transportation. For recommended methods of blocking and bracing see Bureau of Explosives Pamphlet No. 6.
(c) Division 1.3 materials and Division 1.2 (explosive) materials may not be transported in a truck body, trailer, or container on a flatcar unless:
(1) The truck body, trailer, or container is closed and tight;
(2) All automatic heating or refrigerating machinery with which the truck body, trailer, or container is equipped is inoperative; and
(3) Packages of Division 1.2 materials and Division 1.3 (explosive) materials are blocked and braced within the truck body, trailer, or container to prevent their shifting and possible damage due to shifting of other freight during transportation (ends, sidewalls, or doors of the truck body, trailer, or container may not be relied on to prevent the shifting of heavy loads). For recommended methods of blocking and bracing see the Intermodal Loading Guide for Products in Closed Trailers and Containers (IBR,
When a car seal is changed on a car requiring “EXPLOSIVES 1.1 or EXPLOSIVES 1.2 (EXPLOSIVES A) placards” while en route or before delivery to a consignee, a record of the change showing the following information must be made on or attached to the waybill or other form of memorandum which must accompany the car to its destination:
(a) Division 1.4 (explosive) materials may be loaded into any closed car in good condition, or into any container car in good condition. Car certificates are not required. Packages of Division 1.4 (explosive) materials must be blocked and braced to prevent their shifting and possible damage due to shifting of other freight during transportation. For methods of recommended loading and bracing see Bureau of Explosives Pamphlet No. 6.
(b) Division 1.4 (explosive) materials may not be transported in a truck body, trailer, or container on a flatcar unless:
(1) The truck body, trailer, or container is closed and tight;
(2) All automatic heating or refrigerating machinery with which the truck body, trailer, or container is equipped is inoperative; and
(3) Packages of Division 1.4 (explosive) materials are blocked and braced within the truck body, trailer, or container to prevent their shifting and possible damage due to shifting of other freight during transportation. Ends, side walls, or doors of the truck body, trailer, or container may not be relied on to prevent shifting of heavy loads. For recommended methods of blocking and bracing see the Intermodal Loading Guide for Products in Closed Trailers and Containers (IBR,
(a) Division 2.1 (flammable gas) materials may not be loaded, transported, or stored in a rail car equipped with any type of lighted heater or open-flame device, or in a rail car equipped with any apparatus or mechanism utilizing an internal combustion engine in its operation.
(b) Division 2.1 (flammable gas) materials may not be loaded in a truck body or trailer equipped with any type of lighted heater or any automatic heating or refrigerating apparatus when such truck bodies or trailers are loaded on flatcars except as provided in paragraph (c) of this section.
(c) Heating or refrigeration apparatus may be operated on a motor vehicle loaded on a flatcar when the motor vehicle is loaded with Division 2.1 (flammable gas) materials only if:
(1) The lading space is not equipped with any electrical apparatus that is not non-sparking or explosion-proof;
(2) There is no combustion apparatus in the lading space;
(3) There is no connection for the return of air from the lading space to any combustion apparatus; and
(4) The heating system conforms to § 393.77 of this title and does not heat any part of the lading over 54 °C (129 °F).
(a) Except as provided in paragraphs (b) and (c) of this section, cylinders containing Class 2 (gases) materials being transported in a rail car must be:
(1) Securely lashed in an upright position so as to prevent their overturning;
(2) Loaded into racks securely attached to the car;
(3) Packed in boxes or crates of such dimensions as to prevent their overturning; or
(4) Loaded in a horizontal position.
(b) Specification DOT-4L (§ 178.57 of this subchapter) cylinders being transported in a rail car must be loaded in an upright position and be securely braced.
(c) Cylinders containing Class 2 (gases) materials may be transported in stock cars, gondola cars and flat cars. However, they may not be transported in hopper bottom cars.
(a) A tank car containing Class 2 (gases) material may not be unloaded unless it is consigned for delivery and unloaded on a private track (see § 171.8 of this subchapter). However, if a private track is not available, it may be delivered and unloaded on carrier tracks subject to the following conditions:
(1) A tank car of DOT-106A or 110A type (§ 179.300 or § 179.301 of this subchapter) may not be delivered and the loaded unit tanks may not be removed from the car frame on carrier tracks. However, a carrier may give permission for the unloading of these containers on carrier tracks only if a private siding is not available within a reasonable trucking distance of the final destination. In addition, before the car is accepted for transportation, the shipper must obtain from the delivering carrier and file with the originating carrier, written permission for the removal and the consignee must furnish an adequately strong mechanical hoist by which the tanks can be lifted from the car and deposited directly upon vehicles furnished by the consignee for immediate removal from carrier property.
(2) The following tank cars may not be delivered and unloaded on carrier tracks unless the lading is piped directly from the car to permanent storage tanks of sufficient capacity to receive the entire contents of the car; however, such cars may be stored on a private track (see § 171.8 of this subchapter) or on carrier tracks designated by the carrier for such storage:
(i) A tank car containing Division 2.1 (flammable gas) material that is a cryogenic liquid; or
(ii) A tank car, except for a DOT-106A or 110A multi-unit tank car tank (§ 179.300 or § 179.301 of this subchapter), containing anhydrous ammonia; hydrogen chloride, refrigerated liquid; hydrocarbon gas, liquefied; or liquefied petroleum gas; and having interior pipes for liquid and gas discharge valves equipped with check valves.
(b) [Reserved]
(a) General. The provisions of this section apply only to materials extremely poisonous by inhalation which are Division 2.3 materials in Hazard Zone A and Division 6.1 materials in Hazard Zone A, as defined in § 173.133(a)(2) of this subchapter. Such materials when shipped by, for, or to the Department of Defense may be transported by rail only if loaded and handled in accordance with the requirements of this section.
(b) A Division 2.3 Hazard Zone A or a Division 6.1 Hazard Zone A material extremely poisonous by inhalation may be transported in:
(1) UN 1N1 or UN 1N2 metal drums or equivalent military specification metal drums, by boxcar, gondola car (flat bottom), or stock car in carload lots. See §§ 174.55 and 174.600 for blocking, bracing, and stowage requirements;
(2) Tanks which are authorized under this subchapter for a Hazard Zone A material extremely poisonous by inhalation, Specification DOT 106A (§§ 179.300 and 179.301 of this subchapter), mounted on or secured to a multi-unit car or gondola car (flat bottom) in carload lots only;
(3) Bombs, by boxcar, or gondola car (flat bottom) in carload lots only; or
(4) Projectiles or ammunition for cannon with gas filled projectiles, by boxcar in carload or less-than-carload lots.
(c) Each shipment of one or more carloads of a material extremely poisonous by inhalation, as described in paragraph (b) of this section, must be accompanied by a Department of Defense qualified escort supplied with equipment to handle leaks and other packaging failures which could result in escape of the material. The escort shall remain with the shipment during the entire time that it is in the custody of the carrier and in the event of leakage or escape of material, shall make repairs and perform decontamination as necessary.
(d) When a material extremely poisonous by inhalation is transported in a tank, the tank must be securely mounted on a rail car especially provided for it or on a gondola car prepared with substantial wooden frames and blocks.
(e) Bombs, projectiles, and cannon ammunition being transported by rail must be loaded, blocked and braced as shown in Bureau of Explosives Pamphlet No. 6A, or Department of Defense specifications. When a shipment is loaded in a gondola car it must be securely blocked and braced and not loaded higher than the sides of the car.
(f) When a material extremely poisonous by inhalation is transported in drums with filling holes in the heads, they must be loaded on their bottoms. They may be loaded in rows, lengthwise of the car and any space between the sides of the car and the nearest row of drums must be “filled in” with wooden boards or lumber nailed to sides of the car sufficient in length and width to contact both hoops of drums, or they may be loaded across the car in staggered stacks of which the number of drums in alternate stacks is reduced by one drum. All drums in stacks following the first stack loaded in the end of the car must be placed tightly into the angle of the space formed by the sidewalls of the drum in the preceding stack. Any space between the sides of the car and the drums in stacks having the greater number of drums must be filled in with wooden boards or lumber nailed to sides of the car sufficient in length and width to contact both hoops of the drums.
(g) When a material extremely poisonous by inhalation is transported in drums with filling holes in the sides, they must be loaded on their sides with the filling holes up. They must be loaded lengthwise of the car in rows and any space between the sides of the car and the nearest row of drums must be filled in with wooden boards or lumber nailed to sides of the car sufficient in length and width to contact both hoops of the drums.
(h) When a material extremely poisonous by inhalation is transported in drums in a boxcar, they must be loaded from ends of the car toward the space between the car doors, and there braced by center gates and wedges. See Sketch 1, Bureau of Explosives Pamphlet No. 6.
(i) The doorways of a boxcar in which a material poisonous by inhalation is being transported must be protected by one of the methods prescribed in Sketch 1, Bureau of Explosives Pamphlet No. 6A.
(a) Class 3 (flammable liquid) materials may not be loaded, transported, or stored in a rail car equipped with any type of lighted heater or open-flame device, or in a rail car equipped with any apparatus or mechanism utilizing an internal combustion engine in its operation.
(b) A truck body or trailer which is loaded with a Class 3 (flammable liquid) materials and equipped with a lighted heater or any automatic heating or refrigerating apparatus may not be loaded on a flatcar except as provided in paragraph (c) of this section.
(c) Heating or refrigeration apparatus on a motor vehicle loaded with Class 3 (flammable liquid) materials may be operated while the motor vehicle is loaded on a flatcar only if:
(1) The lading space is not equipped with any electrical apparatus that is not non-sparking or explosion-proof;
(2) There is no combustion apparatus in the lading space;
(3) There is no connection for the return of air from the lading space to any combustion apparatus; and
(4) The heating system conforms to § 393.77 of this title and does not heat any part of the lading over 54 °C (129 °F).
(d) Metal barrels or drums containing Class 3 (flammable liquid) materials may be transported in a steel gondola or flatcar or in a stock car. However, they may not be transported in a hopper bottom car.
A tank car containing a Class 3 (flammable liquid) material, other than liquid road asphalt or tar, may not be transported by rail unless it is originally consigned or subsequently reconsigned to a party having a private track on which it is to be delivered and unloaded (see § 171.8 of this subchapter) or to a party using railroad siding facilities which are equipped for piping the liquid from the tank car to permanent storage tanks of sufficient capacity to receive the entire contents of the car.
A tank car containing a material extremely poisonous by inhalation which is a Division 2.3 material in Hazard Zone A or a Division 6.1 material in Hazard Zone A, as defined in § 173.133(a)(2) of this subchapter, may not be transported by rail unless it is originally consigned or subsequently reconsigned to a party having a private track on which it is to be delivered and unloaded (see § 171.8 of this subchapter) or to a party using railroad siding facilities which are equipped for piping the liquid or gas from the tank car to permanent storage tanks or sufficient capacity to receive the entire contents of the car. See the requirements in § 174.290 for materials extremely poisonous by inhalation which are shipped by, for, or to the Department of Defense.
(a) [Reserved]
(b) After Division 6.1 (poisonous) materials are unloaded from a rail car, that car must be thoroughly cleaned unless the car is used exclusively in the carriage of Division 6.1 (poisonous) materials.
(a) Except as provided in paragraph (b) of this section, a carrier may not transport any package bearing a POISON or POISON INHALATION HAZARD label in the same car with any material marked as, or known to be, a foodstuff, feed or any other edible material intended for consumption by humans or animals.
(b) A carrier must separate any package bearing a POISON label displaying the text “PG III,” or bearing a “PG III” mark adjacent to the POISON label, from materials marked as or known to be foodstuffs, feed or any other edible materials intended for consumption by humans or animals, as required in § 174.81(e)(3) for classes identified with the letter “O” in the Segregation Table for Hazardous Materials.
(a) Each rail shipment of low specific activity materials or surface contaminated objects as defined in § 173.403 of this subchapter must be loaded so as to avoid spillage and scattering of loose material. Loading restrictions are prescribed in § 173.427 of this subchapter.
(b) The number of packages of Class 7 (radioactive) materials that may be transported by rail car or stored at any single location is limited to a total transport index and a total criticality safety index (as defined in § 173.403 of this subchapter) of not more than 50 each. This provision does not apply to exclusive use shipments as described in §§ 173.403, 173.427, 173.441, and 173.457 of this subchapter.
(c) Each package of Class 7 (radioactive) material bearing RADIOACTIVE YELLOW-II or RADIOACTIVE YELLOW-III labels may not be placed closer than 0.9 m (3 feet) to an area (or dividing partition between areas) which may be continuously occupied by any passenger, rail employee, or shipment of one or more animals, nor closer than 4.5 m (15 feet) to any package containing undeveloped film (if so marked). If more than one package of Class 7 (radioactive) materials is present, the distance must be computed from the table below on the basis of the total transport index number (determined by adding together the transport index numbers on the labels of the individual packages) of packages in the rail car or storage area:
(d) Each shipment of fissile material packages must conform to requirements of §§ 173.457 and 173.459.
(e) Each fissile material, controlled shipment must be transported in accordance with one of the methods prescribed in § 173.457 of this subchapter. The transport controls must be adequate to assure that no fissile material, controlled shipment is transported in the same transport vehicle with any other fissile Class 7 (radioactive) material shipment. In loading and storage areas, each fissile material, controlled shipment must be segregated by a distance of at least 6 m (20 feet) from other packages required to bear one of the “radioactive” labels described in part 172 of this subchapter.
(f) A person shall not remain unnecessarily in, on or near a transport vehicle containing Class 7 (radioactive) materials.
(g) In the case of packages shipped under the exclusive use provisions of § 173.441(b) of this subchapter for packages with external radiation levels in excess of 2 mSv per hour (200 mrem per hour) at the package surface—
(1) The transport vehicle must meet the requirements for a closed transport vehicle (§ 173.403 of this subchapter);
(2) Each package must be secured so that its position within the transport vehicle remains fixed under conditions normally incident to transportation; and
(3) The radiation level may not exceed 0.02 mSv per hour (2 mrem per hour) in any normally occupied position in the transport vehicle or adjacent rail car.
(a) Each transport vehicle used for transporting Class 7 (radioactive) materials as exclusive use, as defined in § 173.403 of this subchapter, must be surveyed with appropriate radiation detection instruments after each use. A transport vehicle may not be returned to service until the radiation dose rate at any accessible surface is 0.005 mSv per hour (0.5 mrem per hour) or less,
(b) This section does not apply to any transport vehicle used solely for transporting Class 7 (radioactive) materials if a survey of the interior surface shows that the radiation dose rate does not exceed 0.1 mSv per hour (10 mrem per hour) at the interior surface or 0.02 mSv per hour (2 mrem per hour) at 1 m (3.3 feet) from any interior surface. The transport vehicle must be stenciled with the words “FOR RADIOACTIVE MATERIALS USE ONLY” in lettering at least 7.6 cm (3 inches) high in a conspicuous place on both sides of the exterior of the transport vehicle, and it must be kept closed at all times other than during loading and unloading.
(a) In addition to the incident reporting requirements of §§ 171.15 and 171.16 of this subchapter, the carrier shall also notify the offeror at the earliest practicable moment following any incident in which there has been breakage, spillage, or suspected radioactive contamination involving Class 7 (radioactive) materials shipments. Transport vehicles, buildings, areas, or equipment in which Class 7 (radioactive) materials have been spilled may not be again placed in service or routinely occupied until the radiation dose rate at every accessible surface is less than 0.005 mSv per hour (0.5 mrem per hour) and there is no significant removable radioactive surface contamination (see § 173.443 of this subchapter).
(b) The package or materials should be segregated as far as practicable from personnel contact. If radiological advice or assistance is needed, the U.S. Department of Energy (DOE) should also be notified. In case of obvious leakage, or if it appears likely that the inside container may have been damaged, care should be taken to avoid inhalation, ingestion, or contact with the Class 7 (radioactive) material. Any loose Class 7 (radioactive) materials should be left in a segregated area and held pending disposal instructions, from qualified persons.
49 U.S.C. 5101-5128, 44701; 49 CFR 1.45 and 1.53.
(a) This part prescribes requirements that apply to the transportation of hazardous materials in commerce aboard (including attached to or suspended from) aircraft. The requirements in this part are in addition to other requirements contained in parts 171, 172, 173, 178, and 180 of this subchapter.
(b) This part applies to the offering, acceptance, and transportation of hazardous materials in commerce by aircraft to, from, or within the United States, and to any aircraft of United States registry anywhere in air commerce. This subchapter applies to any person who performs, attempts to perform, or is required to perform any function subject to this subchapter, including—(1) Air carriers, indirect air carriers, and freight forwarders and their flight and non-flight employees, agents, subsidiary and contract personnel (including cargo, passenger and baggage acceptance, handling, loading and unloading personnel); and
(2) Air passengers that carry any hazardous material on their person or in their carry-on or checked baggage.
(c) This part does not apply to aircraft of United States registry under lease to and operated by foreign nationals outside the United States if:
(1) Hazardous materials forbidden aboard aircraft by § 172.101 of this subchapter are not carried on the aircraft; and
(2) Other hazardous materials are carried in accordance with the regulations of the State (nation) of the aircraft operator.
A hazardous material that is not prepared for shipment in accordance with this subchapter may not be offered or accepted for transportation or transported aboard an aircraft.
(a)
(1) Aviation fuel and oil in tanks that are in compliance with the installation provisions of 14 CFR, chapter 1.
(2) Hazardous materials required aboard an aircraft in accordance with the applicable airworthiness requirements and operating regulations. Items of replacement for such materials must be transported in accordance with paragraph (a)(3) of this section.
(3) Items of replacement (company material (COMAT)) for hazardous materials described in paragraph (a)(2) of this section must be transported in accordance with this subchapter. When an operator transports its own replacement items described in paragraph (a)(2), the following exceptions apply:
(i) In place of required packagings, packagings specifically designed for the items of replacement may be used, provided such packagings provide at least an equivalent level of protection to those that would be required by this subchapter.
(ii) Aircraft batteries are not subject to quantity limitations such as those provided in § 172.101 or § 175.75(c) of this subchapter.
(b)
(1) Oxygen, or any hazardous material used for the generation of oxygen, for medical use by a passenger, which is furnished by the aircraft operator in accordance with 14 CFR 121.574 or 135.91. For the purposes of this paragraph, an aircraft operator that does not hold a certificate under 14 CFR parts 121 or 135 may apply this exception in conformance with 14 CFR 121.574 or 135.91 in the same manner as required for a certificate holder. See
(2) Dry ice (carbon dioxide, solid) intended for use by the operator in food and beverage service aboard the aircraft.
(3) Aerosols of Division 2.2 only (for dispensing of food products), alcoholic beverages, colognes, liquefied gas lighters, and perfumes carried aboard a passenger-carrying aircraft by the operator for use or sale on that specific aircraft. Liquefied gas lighters must be examined by the Bureau of Explosives and approved by the Associate Administrator.
(4) A tire assembly with a serviceable tire, provided the tire is not inflated to a gauge pressure exceeding the maximum rated pressure for that tire, and the tire (including valve assemblies) is protected from damage during transport. A tire or tire assembly which is unserviceable or damaged is forbidden from air transport; however, a damaged tire is not subject to the requirements of this subchapter if it contains no material meeting the definition of a hazardous material (e.g., Division 2.2).
(a) This subchapter applies to rotorcraft external load operations transporting hazardous material on board, attached to, or suspended from an aircraft. Operators must have all applicable requirements prescribed in 14 CFR Part 133 approved by the FAA Administrator prior to accepting or transporting hazardous material. In addition, rotorcraft external load operations must be approved by the Associate Administrator prior to the initiation of such operations.
(b)
(1) Hazardous materials loaded and carried in hoppers or tanks of aircraft certificated for use in aerial seeding, dusting spraying, fertilizing, crop improvement, or pest control, to be dispensed during such an operation.
(2) Parachute activation devices, lighting equipment, oxygen cylinders, flotation devices, smoke grenades, flares, or similar devices carried during a parachute operation.
(3) Smoke grenades, flares, and pyrotechnic devices affixed to aircraft during any flight conducted as part of a scheduled air show or exhibition of aeronautical skill. The aircraft may not carry any persons other than required flight crewmembers. The affixed installation accommodating the smoke grenades, flares, or pyrotechnic devices on the aircraft must be approved for its intended use by the FAA Flight Standards District Office having responsibility for that aircraft.
(4) Hazardous materials are carried and used during dedicated air ambulance, fire fighting, or search and rescue operations.
(5) A transport incubator unit necessary to protect life or an organ preservation unit necessary to protect human organs, carried in the aircraft cabin, provided:
(i) The compressed gas used to operate the unit is in an authorized DOT specification cylinder and is marked, labeled, filled, and maintained as prescribed by this subchapter;
(ii) Each battery used is of the nonspillable type;
(iii) The unit is constructed so that valves, fittings, and gauges are protected from damage;
(iv) The pilot-in-command is advised when the unit is on board, and when it is intended for use;
(v) The unit is accompanied by a person qualified to operate it;
(vi) The unit is secured in the aircraft in a manner that does not restrict access to or use of any required emergency or regular exit or of the aisle in the passenger compartment; and,
(vii) Smoking within 3 m (10 feet) of the unit is prohibited.
(6) Hazardous materials that are loaded and carried on or in cargo only aircraft, and that are to be dispensed or expended during flight for weather control, environmental restoration or protection, forest preservation and protection, fire fighting and prevention,
(i) Operations may not be conducted over densely populated areas, in a congested airway, or near any airport where carrier passenger operations are conducted.
(ii) Each operator must prepare and keep current a manual containing operational guidelines and handling procedures, for the use and guidance of flight, maintenance, and ground personnel concerned in the dispensing or expending of hazardous materials. The manual must be approved by the FAA Principal Operations Inspector assigned to the operator.
(iii) No person other than a required flight crewmember, FAA inspector, or person necessary for handling or dispensing the hazardous material may be carried on the aircraft.
(iv) The operator of the aircraft must have advance permission from the owner of any airport to be used for the dispensing or expending operation.
(v) When Division 1.1, 1.2, and 1.3 materials (except detonators and detonator assemblies) and detonators or detonator assemblies are carried for avalanche control flights, the explosives must be handled by, and at all times be under the control of, a qualified blaster. When required by a State or local authority, the blaster must be licensed and the State or local authority must be identified in writing to the FAA Principal Operations Inspector assigned to the operator.
(a) This subchapter does not apply to the following hazardous materials when carried by aircraft passengers or crewmembers provided the requirements of §§ 171.15 and 171.16 (see paragraph (c) of this section) and the requirements of this section are met:
(1) (i) Non-radioactive medicinal and toilet articles for personal use (including aerosols) carried in carry-on and checked baggage. Release devices on aerosols must be protected by a cap or other suitable means to prevent inadvertent release;
(ii) Other aerosols in Div. 2.2 (nonflammable gas) with no subsidiary risk carried in checked baggage only. Release devices on aerosols must be protected by a cap or other suitable means to prevent inadvertent release; and
(iii) The aggregate quantity of these hazardous materials carried by each person may not exceed 2 kg (70 ounces) by mass or 2 L (68 fluid ounces) by volume and the capacity of each container may not exceed 0.5 kg (18 ounces) by mass or 500 ml (17 fluid ounces) by volume.
(2) One packet of safety matches or a lighter intended for use by an individual when carried on one's person or in carry-on baggage only. Lighter fuel, lighter refills, and lighters containing unabsorbed liquid fuel (other than liquefied gas) are not permitted on one's person or in carry-on or checked baggage.
(3) Implanted medical devices in humans or animals that contain hazardous materials, such as a heart pacemaker containing Class 7 (radioactive) material or lithium batteries; and radiopharmaceuticals that have been injected or ingested.
(4) Alcoholic beverages containing:
(i) Not more than 24% alcohol by volume; or
(ii) More than 24% and not more than 70% alcohol by volume when in unopened retail packagings not exceeding 5 liters (1.3 gallons) carried in carry-on or checked baggage, with a total net quantity per person of 5 liters (1.3) gallons for such beverages.
(5) Perfumes and colognes purchased through duty-free sales and carried on one's person or in carry-on baggage.
(6) Hair curlers (curling irons) containing a hydrocarbon gas such as butane, no more than one per person, in carry-on or checked baggage. The safety cover must be securely fitted over the heating element. Gas refills for such curlers are not permitted in carry-on or checked baggage.
(7) A small medical or clinical mercury thermometer for personal use, when carried in a protective case in carry-on or checked baggage.
(8) Small arms ammunition for personal use carried by a crewmember or passenger in checked baggage only, if
(9) One self-defense spray (see § 171.8 of this subchapter), not exceeding 118 mL (4 fluid ounces) by volume, that incorporates a positive means to prevent accidental discharge may be carried in checked baggage only.
(10) Dry ice (carbon dioxide, solid), with the approval of the operator:
(i) Quantities may not exceed 2.5 kg (5.5 pounds) per person when used to pack perishables not subject to the HMR. The package must permit the release of carbon dioxide gas; and
(ii) When carried in checked baggage, each package is marked “DRY ICE” or “CARBON DIOXIDE, SOLID,” and marked with the net weight of dry ice or an indication the net weight is 2.5 kg (5.5 pounds) or less.
(11) A self-inflating life jacket fitted with no more than two small gas cartridges (containing no hazardous material other than a Div. 2.2 gas) for inflation purposes plus no more than two spare cartridges. The lifejacket and spare cartridges may be carried in carry-on or checked baggage, with the approval of the aircraft operator.
(12) Small compressed gas cylinders of Division 2.2 (containing no hazardous material other than a Division 2.2 gas) worn by the passenger for the operation of mechanical limbs and, in carry-on and checked baggage, spare cylinders of a similar size for the same purpose in sufficient quantities to ensure an adequate supply for the duration of the journey.
(13) A mercury barometer or thermometer carried as carry-on baggage, by a representative of a government weather bureau or similar official agency, provided that individual advises the operator of the presence of the barometer or thermometer in his baggage. The barometer or thermometer must be packaged in a strong packaging having a sealed inner liner or bag of strong, leak proof and puncture-resistant material impervious to mercury, which will prevent the escape of mercury from the package in any position.
(14) Electrically powered heat-producing articles (e.g., battery-operated equipment such as diving lamps and soldering equipment) as carry-on baggage only and with the approval of the operator of the aircraft. The heat-producing component, or the energy source, must be removed to prevent unintentional functioning during transport.
(15) A wheelchair or other battery-powered mobility aid equipped with a nonspillable battery, when carried as checked baggage, provided—
(i) The battery meets the requirements of § 173.159a(d) of this subchapter for non-spillable batteries;
(ii) Visual inspection including removal of the battery, where necessary, reveals no obvious defects (removal of the battery from the housing should be performed by qualified airline personnel only);
(iii) The battery is disconnected and the battery terminals are protected to prevent short circuits, unless the wheelchair or mobility aid design provides an effective means of preventing unintentional activation, and
(iv) The battery is—
(A) Securely attached to the wheelchair or mobility aid;
(B) Is removed and placed in a strong, rigid packaging marked “NONSPILLABLE BATTERY” (unless fully enclosed in a rigid housing that is properly marked); or
(C) Is handled in accordance with paragraph (a)(16)(iv) of this section.
(16) A wheelchair or other battery-powered mobility aid equipped with a spillable battery, when carried as checked baggage, provided—
(i) Visual inspection including removal of the battery, where necessary, reveals no obvious defects (however, removal of the battery from the housing should be performed by qualified airline personnel only);
(ii) The battery is disconnected and terminals are insulated to prevent short circuits;
(iii) The pilot-in-command is advised, either orally or in writing, prior to departure, as to the location of the battery aboard the aircraft; and
(iv) The wheelchair or mobility aid is loaded, stowed, secured and unloaded in an upright position, or the battery is removed, and carried in a strong, rigid packaging under the following conditions:
(A) The packaging must be leak-tight and impervious to battery fluid. An inner liner may be used to satisfy this requirement if there is absorbent material placed inside of the liner and the liner has a leakproof closure;
(B) The battery must be protected against short circuits, secured upright in the packaging, and be packaged with enough compatible absorbent material to completely absorb liquid contents in the event of rupture of the battery; and
(C) The packaging must be labeled with a CORROSIVE label, marked to indicate proper orientation, and marked with the words “Battery, wet, with wheelchair.”
(17) A lithium ion battery-powered wheelchair or other mobility aid as follows:
(i) A wheelchair or other mobility aid equipped with a lithium ion battery, when carried as checked baggage, provided—
(A) The lithium ion battery must be of a type that successfully passed each test in the UN Manual of Tests and Criteria as specified in § 173.185 of this subchapter, unless approved by the Associate Administrator;
(B) Visual inspection of the wheelchair or mobility aid reveals no obvious defects;
(C) Battery terminals must be protected from short circuits (
(D) The pilot-in-command is advised, either orally or in writing, prior to departure, as to the location of the wheelchair or mobility aid aboard the aircraft; and
(E) The wheelchair or mobility aid is loaded, stowed, secured and unloaded in an upright position and in a manner that prevents unintentional activation and protects it from damage.
(F) A lithium metal battery is forbidden aboard a passenger-carrying aircraft.
(ii) A wheelchair or other mobility aid when carried as checked or carry-on baggage, provided—
(A) The wheelchair or other mobility aid is designed and constructed in a manner to allow for stowage in either a cargo compartment or in the passenger cabin;
(B) The lithium ion battery and any spare batteries are carried in the same manner as spare batteries in paragraph (a)(18) of this section.
(C) The lithium ion battery and any spare batteries are carried in the same manner as spare batteries in paragraph (a)(18) of this section.
(18) Except as provided in § 173.21 of this subchapter, portable electronic devices (for example, watches, calculating machines, cameras, cellular phones, lap-top and notebook computers, camcorders, etc.) containing cells or batteries (including lithium cells or batteries) and spare batteries and cells for these devices, when carried by passengers or crew members for personal use. Each spare battery must be individually protected so as to prevent short circuits (by placement in original retail packaging or by otherwise insulating terminals,
(i) For a lithium metal battery, a lithium content of not more than 2 grams per battery; or
(ii) For a lithium-ion battery, an aggregate equivalent lithium content of not more than 8 grams per battery, except that up to two batteries with an aggregate equivalent lithium content of more than 8 grams but not more than 25 grams may be carried.
(19) Portable electronic devices (
(i) Fuel cell cartridges may contain only Division 2.1 liquefied flammable gas, or hydrogen in a metal hydride, Class 3 flammable liquids (including
(ii) The maximum water capacity of a fuel cell cartridge for hydrogen in a metal hydride may not exceed 120 mL (4 fluid ounces). The maximum quantity of fuel in all other fuel cell cartridge types may not exceed:
(A) 200 mL (6.76 ounces) for liquids;
(B) 120 mL (4 fluid ounces) for liquefied gases in non-metallic fuel cell cartridges, or 200 mL (6.76 ounces) for liquefied gases in metal fuel cell cartridges; or
(C) 200 g (7 ounces) for solids.
(iii) No more than two spare fuel cell cartridges may be carried by a passenger;
(iv) Fuel cells containing fuel are permitted in carry-on baggage only;
(v) Fuel cell cartridges containing hydrogen in a metal hydride must meet the requirements in § 173.230(d);
(vi) Fuel cell cartridges may not be refillable by the user. Refueling of fuel cell systems is not permitted except that the installation of a spare cartridge is allowed. Fuel cell cartridges that are used to refill fuel cell systems but that are not designed or intended to remain installed (fuel cell refills) in a portable electronic device are not permitted;
(vii) Fuel cell systems and fuel cell cartridges must conform to IEC/PAS 62282-6-1 (IBR;
(viii) Interaction between fuel cells and integrated batteries in a device must conform to IEC/PAS 62282-6-1 (IBR,
(ix) Fuel cell systems must be of a type that will not charge batteries when the consumer electronic device is not in use; and
(x) Each fuel cell cartridge and system that conforms to the requirements in this paragraph (a)(18) must be durably marked by the manufacturer with the wording: “APPROVED FOR CARRIAGE IN AIRCRAFT CABIN ONLY” to certify that the fuel cell cartridge or system meets the specifications in IEC/PAS 62282-6-1 (IBR,
(xi) Spare fuel cell cartridges containing a flammable liquid (Class 3) or corrosive material (Class 8) may be transported in checked baggage.
(xii) Spare fuel cell cartridges containing liquefied flammable gas (Division 2.1), hydrogen in a metal hydride (Division 2.1) or water reactive material (Division 4.3) may only be transported in carry-on baggage.
(b) The exceptions provided in paragraph (a) of this section also apply to aircraft operators when transporting passenger or crewmember baggage that has been separated from the passenger or crewmember, including transfer to another carrier for transport to its final destination.
(c) The requirements to submit incident reports as required under §§ 171.15 and 171.16 of this subchapter apply to the air carrier.
An air carrier may not transport a hazardous material by aircraft unless each of its hazmat employees involved in that transportation is trained as required by subpart H of part 172 of this subchapter. In addition, air carriers must comply with all applicable hazardous materials training requirements in 14 CFR Part 121 and 135.
(a) Each person who engages in for-hire air transportation of passengers must display notices of the requirements applicable to the carriage of hazardous materials aboard aircraft, and the penalties for failure to comply with those requirements in accordance with this section. Each notice must be legible, and be prominently displayed so it can be seen by passengers in locations where the aircraft operator issues tickets, checks baggage, and maintains aircraft boarding areas. At a minimum,
(1) Federal law forbids the carriage of hazardous materials aboard aircraft in your luggage or on your person. A violation can result in five years' imprisonment and penalties of $250,000 or more (49 U.S.C. 5124). Hazardous materials include explosives, compressed gases, flammable liquids and solids, oxidizers, poisons, corrosives and radioactive materials. Examples: Paints, lighter fluid, fireworks, tear gases, oxygen bottles, and radio-pharmaceuticals.
(2) There are special exceptions for small quantities (up to 70 ounces total) of medicinal and toilet articles carried in your luggage and certain smoking materials carried on your person. For further information contact your airline representative.
(b)
(c)
(1) Effective January 1, 2013, when the flight check-in process is conducted remotely (
(2) When the check in process is not conducted remotely (
(a) Each person who engages in the acceptance or transport of cargo for transportation by aircraft shall display notices to persons offering such cargo of the requirements applicable to the carriage of hazardous materials aboard aircraft, and the penalties for failure to comply with those requirements, at each facility where cargo is accepted. Each notice must be legible, and be prominently displayed so it can be seen. At a minimum, each notice must communicate the following information:
(1) Cargo containing hazardous materials (dangerous goods) for transportation by aircraft must be offered in accordance with the Federal Hazardous Materials Regulations (49 CFR parts 171 through 180).
(2) A violation can result in five years' imprisonment and penalties of $250,000 or more (49 U.S.C. 5124).
(3) Hazardous materials (dangerous goods) include explosives, compressed gases, flammable liquids and solids, oxidizers, poisons, corrosives and radioactive materials.
(b) The information contained in paragraph (a) of this section must be printed:
(1) Legibly in English, and, where cargo is accepted outside of the United States, in the language of the host country; and
(2) On a background of contrasting color.
(c) Size and color of the notice are optional. Additional information, examples, or illustrations, if not inconsistent with required information, may be included.
(d)
(1) An unattended location (e.g., a drop box) provided a general notice advising customers of a prohibition on shipments of hazardous materials through that location is prominently displayed; or
(2) A customer's facility where hazardous materials packages are accepted by a carrier.
(a) No person may accept a hazardous material for transportation aboard an aircraft unless the aircraft operator ensures the hazardous material is:
(1) Authorized, and is within the quantity limitations specified for carriage aboard aircraft according to § 172.101 of this subchapter or as otherwise specifically provided by this subchapter.
(2) Described and certified on a shipping paper prepared in duplicate in accordance with part 172 of this subchapter or as authorized by subpart C of part 171 of this subchapter. See § 175.33 for shipping paper retention requirements;
(3) Marked and labeled in accordance with subparts D and E of part 172 or as authorized by subpart C of part 171 of this subchapter, and placarded (when required) in accordance with subpart F of part 172 of this subchapter; and
(4) Labeled with a “CARGO AIRCRAFT ONLY” label (see § 172.448 of this subchapter) if the material as presented is not permitted aboard passenger-carrying aircraft.
(b) Except as provided in paragraph (d) of this section, no person may carry a hazardous material in a package, outside container, or overpack aboard an aircraft unless the package, outside container, or overpack is inspected by the operator of the aircraft immediately before placing it:
(1) Aboard the aircraft; or
(2) In a unit load device or on a pallet prior to loading aboard the aircraft.
(c) A hazardous material may be carried aboard an aircraft only if, based on the inspection by the operator, the package, outside container, or overpack containing the hazardous material:
(1) Has no holes, leakage or other indication that its integrity has been compromised; and
(2) For Class 7 (radioactive) materials, does not have a broken seal, except packages contained in overpacks need not be inspected for seal integrity.
(d) The requirements of paragraphs (b) and (c) of this section do not apply to Dry ice (carbon dioxide, solid).
(e) An overpack containing packages of hazardous materials may be accepted only if the operator has taken all reasonable steps to establish that:
(1) The overpack does not contain a package bearing the “CARGO AIRCRAFT ONLY” label unless—
(i) The overpack affords clear visibility of and easy access to the package;
(ii) The package contains a material which may be carried inaccessibly under the provisions of § 175.75(e); or
(iii) Not more than one package is overpacked.
(2) The proper shipping names, identification numbers, labels and special handling instructions appearing on the inside packages are clearly visible or reproduced on the outside of the overpack, and
(3) The word “OVERPACK” appears on the outside of the overpack when specification packagings are required.
(a) Each person who discovers a discrepancy, as defined in paragraph (b) of this section, relative to the shipment of a hazardous material following its acceptance for transportation aboard
(1) Name and telephone number of the person reporting the discrepancy.
(2) Name of the aircraft operator.
(3) Specific location of the shipment concerned.
(4) Name of the shipper.
(5) Nature of discrepancy.
(6) Address of the shipper or person responsible for the discrepancy, if known, by the air carrier.
(b) Discrepancies which must be reported under paragraph (a) of this section are those involving hazardous materials which are improperly described, certified, labeled, marked, or packaged, in a manner not ascertainable when accepted under the provisions of § 175.30(a) of this subchapter including packages or baggage which are found to contain hazardous materials subsequent to their being offered and accepted as other than hazardous materials.
(a) When a hazardous material subject to the provisions of this subchapter is carried in an aircraft, a copy of the shipping paper required by § 175.30(a)(2) must accompany the shipment it covers during transportation aboard the aircraft, and the operator of the aircraft must provide the pilot-in-command with accurate and legible written information as early as practicable before departure of the aircraft, which specifies at least the following:
(1) The proper shipping name, hazard class and identification number of the material, including any remaining aboard from prior stops, as specified in § 172.101 of this subchapter or the ICAO Technical Instructions. In the case of Class 1 materials, the compatibility group letter also must be shown. If a hazardous material is described by the proper shipping name, hazard class, and identification number appearing in:
(i) Section 172.101 of this subchapter. Except for the requirement to indicate the type of package, any additional description requirements provided in §§ 172.202, and 172.203 of this subchapter must also be shown on the notification.
(ii) The ICAO Technical Instructions (IBR, see § 171.7 of this subchapter), any additional information required to be shown on shipping papers by subpart C of part 171 of this subchapter must also be shown in the notification.
(2) The total number of packages;
(3) The net quantity or gross weight, as applicable, for each package except those containing Class 7 (radioactive) materials. For a shipment consisting of multiple packages containing hazardous materials bearing the same proper shipping name and identification number, only the total quantity and an indication of the quantity of the largest and smallest package at each loading location need to be provided;
(4) The location of the packages aboard the aircraft;
(5) Confirmation that no damaged or leaking packages have been loaded on the aircraft;
(6) For Class 7 (radioactive) materials, the number of packages, overpacks or freight containers, their category, transport index (if applicable), and their location aboard the aircraft;
(7) The date of the flight;
(8) The telephone number of a person not aboard the aircraft from whom the information contained in the notification of pilot-in-command can be obtained. The aircraft operator must ensure the telephone number is monitored at all times the aircraft is in flight. The telephone number is not required to be placed on the notification of pilot-in-command if the phone number is in a location in the cockpit available and known to the flight crew.
(9) Confirmation that the package must be carried only on cargo aircraft if its transportation aboard passenger-carrying aircraft is forbidden; and
(10) An indication, when applicable, that a hazardous material is being carried under terms of a special permit.
(11) For UN1845, Carbon dioxide, solid (dry ice), only the UN number, proper shipping name, hazard class, total quantity in each hold aboard the aircraft, and the airport at which the package(s) is to be unloaded must be provided.
(b) A copy of the written notification to pilot-in-command shall be readily available to the pilot-in-command during flight. Emergency response information required by subpart G of part 172 of this subchapter must be maintained in the same manner as the written notification to pilot-in-command during transport of the hazardous material aboard the aircraft.
(c) The aircraft operator must—
(1) Retain a copy of the shipping paper required by § 175.30(a)(2) or an electronic image thereof, that is accessible at or through its principal place of business and must make the shipping paper available, upon request, to an authorized official of a federal, state, or local government agency at reasonable times and locations. For a hazardous waste, each shipping paper copy must be retained for three years after the material is accepted by the initial carrier. For all other hazardous materials, each shipping paper copy must be retained by the operator for one year after the material is accepted by the initial carrier. Each shipping paper copy must include the date of acceptance by the carrier. The date on the shipping paper may be the date a shipper notifies the air carrier that a shipment is ready for transportation, as indicated on the air bill or bill of lading, as an alternative to the date the shipment is picked up or accepted by the carrier. Only an initial carrier must receive and retain a copy of the shipper's certification, as required by § 172.204 of this subchapter.
(2) Retain a copy of each notification of pilot-in-command, an electronic image thereof, or the information contained therein for 90 days at the airport of departure or the operator's principal place of business.
(3) Have the information required to be retained under this paragraph readily accessible at the airport of departure and the intended airport of arrival for the duration of the flight leg.
(4) Make available, upon request, to an authorized official of a Federal, State, or local government agency (including an emergency responder(s)) at reasonable times and locations, the documents or information required to be retained by this paragraph. In the event of a reportable incident, as defined in § 171.15 of this subchapter, make immediately available to an authorized official of a Federal, State, or local government agency (including an emergency responders), the documents or information required to be retained by this paragraph.
(d) The documents required by paragraphs (a) and (b) this section may be combined into one document if it is given to the pilot-in-command before departure of the aircraft.
(a) No person may carry on an aircraft a hazardous material except as permitted by this subchapter.
(b) Except as otherwise provided in this subchapter, no person may carry a hazardous material in the cabin of a passenger-carrying aircraft or on the flight deck of any aircraft, and the hazardous material must be located in a place that is inaccessible to persons other than crew members. Hazardous materials may be carried in a main deck cargo compartment of a passenger aircraft provided that the compartment is inaccessible to passengers and that it meets all certification requirements for a Class B aircraft cargo compartment in 14 CFR 25.857(b) or for a Class C aircraft cargo compartment in 14 CFR 25.857(c). A package bearing a “KEEP AWAY FROM HEAT” handling marking must be protected from direct sunshine and stored in a cool and ventilated place, away from sources of heat.
(c) For each package containing a hazardous material acceptable for carriage aboard passenger-carrying aircraft, no more than 25 kg (55 pounds) net weight of hazardous material may be loaded in an inaccessible manner. In addition to the 25 kg limitation, an additional 75 kg (165 pounds) net weight of Division 2.2 (non-flammable compressed gas) may be loaded in an inaccessible manner. The requirements of this paragraph do not apply to Class 9,
(d) For the purposes of this section—
(1)
(i) In a cargo compartment certified by FAA as a Class C aircraft cargo compartment as defined in 14 CFR 25.857(c); or
(ii) In an FAA-certified freight container that has an approved fire or smoke detection system and fire suppression system equivalent to that required by the certification requirements for a Class C aircraft cargo compartment.
(2)
(e) For transport aboard cargo-only aircraft, the requirements of paragraphs (c) and (d) of this section do not apply to the following hazardous materials:
(1) Class 3, Packing Group III (that does not meet the definition of another hazard class except CORROSIVE), Division 6.1 ((primary) except those also labeled FLAMMABLE LIQUID), Division 6.2, Class 7, Class 9, and those marked as ORM-D-AIR, Limited Quantity or Excepted Quantity material.
(2) Packages of hazardous materials transported aboard a cargo aircraft, when other means of transportation are impracticable or not available, in accordance with procedures approved in writing by the FAA Regional or Field Security Office in the region where the operator is located.
(3) Packages of hazardous materials carried on small, single pilot, cargo aircraft if:
(i) No person is carried on the aircraft other than the pilot, an FAA inspector, the shipper or consignee of the material, a representative of the shipper or consignee so designated in writing, or a person necessary for handling the material;
(ii) The pilot is provided with written instructions on the characteristics and proper handling of the materials; and
(iii) Whenever a change of pilots occurs while the material is on board, the new pilot is briefed under a hand-to-hand signature service provided by the operator of the aircraft.
(f) At a minimum, quantity limits and loading instructions in the following quantity and loading table must be followed to maintain acceptable quantity and loading between packages containing hazardous materials. The quantity and loading table is as follows:
(a) For stowage on an aircraft, in a cargo facility, or in any other area at an airport designated for the stowage of hazardous materials, packages containing hazardous materials which might react dangerously with one another may not be placed next to each other or in a position that would allow a dangerous interaction in the event of leakage.
(b) At a minimum, the segregation instructions prescribed in the following Segregation Table must be followed to maintain acceptable segregation between packages containing hazardous materials with different hazards. The Segregation Table instructions apply whether or not the class or division is the primary or subsidiary risk. The Segregation Table follows:
(c) Instructions for using the Segregation Table are as follows:
(1) Hazard labels, classes or divisions not shown in the table are not subject to segregation requirements.
(2) Dots at the intersection of a row and column indicate that no restrictions apply.
(3) The letter “X” at the intersection of a row and column indicates that packages containing these classes of hazardous materials may not be stowed next to or in contact with each other, or in a position which would allow interaction in the event of leakage of the contents.
(4) Note 1. “Note 1” at the intersection of a row and column means the following:
(i) Only Division 1.4, Compatibility Group S, explosives are permitted to be transported aboard a passenger aircraft. Only certain Division 1.3, Compatibility Groups C and G, and Division 1.4, Compatibility Groups B, C, D, E, G and S, explosives may be transported aboard a cargo aircraft.
(ii) Division 1.4 explosives in Compatibility Group S may be stowed with Division 1.3 and 1.4 explosives in compatibility groups as permitted aboard aircraft under paragraph (c)(4)(i) above.
(iii) Except for Division 1.4B explosives and as otherwise provided in this Note, explosives of different compatibility groups may be stowed together whether or not they belong to the same division. Division 1.4B explosives must not be stowed together with any other explosive permitted aboard aircraft except Division 1.4S, unless segregated as prescribed in paragraph (c)(4)(iv) of this section (“Note 1”).
(iv) Division 1.4B and Division 1.3 explosives may not be stowed together. Division 1.4B explosives must be loaded into separate unit load devices and, when stowed aboard the aircraft, the unit load devices must be separated by other cargo with a minimum separation of 2 m (6.5 feet). When not loaded in unit load devices, Division 1.4B and Division 1.3 explosives must be loaded into different, non-adjacent loading positions and separated by other cargo with a minimum separation of 2 m (6.5 feet).
(5) Note 2. “Note 2” at the intersection of a row and column means that other than explosives of Division 1.4, Compatibility Group S, explosives may not be stowed together with that class.
(6) Packages containing hazardous materials with multiple hazards in the class or divisions, which require segregation in accordance with the Segregation Table, need not be segregated from other packages bearing the same UN number.
(7) A package labeled “BLASTING AGENT” may not be stowed next to or in a position that will allow contact with a package of special fireworks or railway torpedoes.
(a) A unit load device may not be loaded on an aircraft unless the device has been inspected and found to be free from any evidence of leakage from, or damage to, any package containing hazardous materials.
(b) A package containing hazardous materials marked “THIS SIDE UP” or “THIS END UP”, or with arrows to indicate the proper orientation of the package, must be stored and loaded aboard an aircraft in accordance with such markings. A package without orientation markings containing liquid hazardous materials must be stored and loaded with top closure facing upward.
(c) Packages containing hazardous materials must be secured in an aircraft in a manner that will prevent any shifting or any change in the orientation of the packages. Packages containing Class 7 (radioactive) materials must be secured in a manner that ensures that the separation requirements of §§ 175.701 and 175.702 will be maintained at all times during flight.
(a) Packages or overpacks containing hazardous materials must be inspected for damage or leakage after being unloaded from an aircraft. When packages or overpacks containing hazardous materials have been transported in a unit load device, the area where the unit load device was stowed must be inspected for evidence of leakage or contamination immediately upon removal of the unit load device from the aircraft, and the packages or overpacks must be inspected for evidence of damage or leakage when the unit load device is unloaded. In the event of leakage or suspected leakage, the compartment in which the package, overpack, or unit load device was carried must be inspected for contamination and decontaminated, if applicable.
(b) Except as provided in § 175.700, the operator of an aircraft must remove from the aircraft any package, baggage or cargo that appears to be leaking or contaminated by a hazardous material. In the case of a package, baggage or cargo that appears to be leaking, the operator must ensure that other packages, baggage or cargo in the same shipment are in proper condition for transport aboard the aircraft and that no other package, baggage or cargo has been contaminated or is leaking. If an operator becomes aware that a package, baggage or cargo not identified as containing a hazardous material has been contaminated, or the operator has cause to believe that a hazardous material may be the cause of the contamination, the operator must take reasonable steps to identify the nature and source of contamination before proceeding with the loading of the contaminated baggage or cargo. If the contaminating substance is found or suspected to be hazardous material, the operator must isolate the package, baggage or cargo and take appropriate steps to eliminate any identified hazard before continuing the transportation of the item by aircraft.
(c) No person may place aboard an aircraft a package, baggage or cargo that is contaminated with a hazardous material or appears to be leaking.
(d) If a package containing a material in Division 6.2 (infectious substance) is found to be damaged or leaking, the person finding the package must:
(1) Avoid handling the package or keep handling to a minimum;
(2) Inspect packages adjacent to the leaking package for contamination and withhold from further transportation any contaminated packages until it is ascertained that they can be safely transported;
(3) Comply with the reporting requirement of §§ 171.15 and 175.31 of this subchapter; and
(4) Notify the consignor or consignee.
(a) When other means of transportation are impracticable, flammable liquid fuels may be carried on certain passenger and cargo aircraft as provided in this section, without regard to the packaging references and quantity limits listed in Columns 7, 8 and 9 of the § 172.101 Hazardous Materials Table. All requirements of this subchapter that are not specifically covered in this section continue to apply to shipments made under the provisions of this section. For purposes of this section “impracticable” means transportation is not physically possible or cannot be performed by routine and frequent means of other transportation, due to extenuating circumstances. Extenuating circumstances include: conditions precluding highway or water transportation, such as a frozen vessel route; road closures due to catastrophic weather or volcanic activity; or a declared state of emergency. The desire for expedience of a shipper, carrier, or consignor, is not relevant in determining whether other means of transportation are impracticable. The stowage requirements of § 175.75(a) do not apply to a person operating an aircraft under the provisions of this section which, because of its size and configuration, makes it impossible to comply.
(b) A small passenger-carrying aircraft operated entirely within the State of Alaska or into a remote area, in other than scheduled passenger operations, may carry up to 76 L (20 gallons) of flammable liquid fuel (in Packing Group II or Packing Group III), when:
(1) The flight is necessary to meet the needs of a passenger; and
(2) The fuel is carried in one of the following types of containers:
(i) Strong tight metal containers of not more than 20 L (5.3 gallons) capacity, each packed inside a UN 4G fiberboard box, at the Packing Group II performance level, or each packed inside a UN 4C1 wooden box, at the Packing Group II performance level;
(ii) Airtight, leakproof, inside containers of not more than 40 L (11 gallons) capacity and of at least 28-gauge metal, each packed inside a UN 4C1 wooden box, at the Packing Group II performance level;
(iii) UN 1A1 steel drums, at the Packing Group I or II performance level, of not more than 20 L (5.3 gallons) capacity; or
(iv) In fuel tanks attached to flammable liquid fuel powered equipment under the following conditions:
(A) Each piece of equipment is secured in an upright position;
(B) Each fuel tank is filled in a manner that will preclude spillage of fuel during loading, unloading, and transportation; and
(C) Fueling and refueling of the equipment is prohibited in or on the aircraft.
(3) In the case of a passenger-carrying helicopter, the fuel or fueled equipment must be carried on external cargo racks or slings.
(c) Flammable liquid fuels may be carried on a cargo aircraft, subject to the following conditions:
(1)(i) The flammable liquid fuel is in Packing Group II or Packing Group III except as indicated in paragraph (c)(1)(iv) of this section;
(ii) The fuel is carried in packagings authorized in paragraph (b) of this section;
(iii) The fuel is carried in metal drums (UN 1A1, 1B1, 1N1) authorized for Packing Group I or Packing Group II liquid hazardous materials and having rated capacities of 220 L (58 gallons) or less. These single packagings may not be transported in the same aircraft with Class 1, Class 5, or Class 8 materials.
(iv) Combustible and flammable liquid fuels (including those in Packing Group I) may be carried in installed aircraft tanks each having a capacity of more than 450 L (118.9 gallons), subject to the following additional conditions:
(A) The tanks and their associated piping and equipment and the installation thereof must have been approved for the material to be transported by the appropriate FAA Flight Standards District Office.
(B) In the case of an aircraft being operated by a certificate holder, the operator shall list the aircraft and the approval information in its operating specifications. If the aircraft is being operated by other than a certificate holder, a copy of the FAA Flight Standards District Office approval required by this section must be carried on the aircraft.
(C) The crew of the aircraft must be thoroughly briefed on the operation of the particular bulk tank system being used.
(D) During loading and unloading and thereafter until any remaining fumes within the aircraft are dissipated:
(
(
(
(2) [Reserved]
(d) The following restrictions apply to loading, handling, or carrying fuel under the provisions of this section:
(1) During loading and unloading, no person may smoke, carry a lighted cigarette, cigar, or pipe, or operate any device capable of causing an open flame or spark within 15 m (50 feet) of the aircraft.
(2) No person may fill a container, other than an approved bulk tank, with a Class 3 material or combustible liquid or discharge a Class 3 material or combustible liquid from a container, other than an approved bulk tank, while that container is inside or within 15 m (50 feet) of the aircraft.
(3) When filling an approved bulk tank by hose from inside the aircraft, the doors and hatches of the aircraft must be fully open to insure proper ventilation.
(4) Each area or compartment in which the fuel is loaded is suitably ventilated to prevent the accumulation of fuel vapors.
(5) Fuel is transferred to the aircraft fuel tanks only while the aircraft is on the ground.
(6) Before each flight, the pilot-in-command:
(i) Prohibits smoking, lighting matches, the carrying of any lighted cigar, pipe, cigarette or flame, and the use of anything that might cause an open flame or spark, while in flight; and
(ii) For passenger aircraft, informs each passenger of the location of the fuel and the hazards involved.
(e) Operators must comply with the following:
(1) If the aircraft is being operated by a holder of a certificate issued under 14 CFR part 121 or part 135, operations must be conducted in accordance with conditions and limitations specified in the certificate holder's operations specifications or operations manual accepted by the FAA. If the aircraft is being operated under 14 CFR part 91, operations must be conducted in accordance with an operations plan accepted and acknowledged in writing by the FAA Principal Operations Inspector assigned to the operator.
(2) The aircraft and the loading arrangement to be used must be approved for the safe carriage of the particular materials concerned by the FAA Principal Operations Inspector assigned to the operator.
(a) Compressed oxygen, when properly labeled Oxidizer or Oxygen, may be loaded and transported as provided
(b) In addition to the quantity limitations prescribed in § 175.75, no more than a combined total of six cylinders of compressed oxygen may be stowed on an aircraft in the inaccessible aircraft cargo compartment(s) that do not have fire or smoke detection systems and fire suppression systems.
(c) When loaded into a passenger-carrying aircraft or in an inaccessible cargo location on a cargo-only aircraft, cylinders of compressed oxygen must be stowed horizontally on the floor or as close as practicable to the floor of the cargo compartment or unit load device. This provision does not apply to cylinders stowed in the cabin of the aircraft in accordance with paragraph (e) of this section.
(d) When transported in a Class B aircraft cargo compartment (see 14 CFR 25.857(b)) or its equivalent (i.e., an accessible cargo compartment equipped with a fire or smoke detection system, but not a fire suppression system), cylinders of compressed oxygen must be loaded in a manner that a crew member can see, handle and, when size and weight permit, separate the cylinders from other cargo during flight. No more than six cylinders of compressed oxygen and, in addition, one cylinder of medical-use compressed oxygen per passenger needing oxygen at destination—with a rated capacity of 1000 L (34 cubic feet) or less of oxygen—may be carried in a Class B aircraft cargo compartment or its equivalent.
(e) A cylinder containing medical-use compressed oxygen, owned or leased by an aircraft operator or offered for transportation by a passenger needing it for personal medical use at destination, may be carried in the cabin of a passenger-carrying aircraft in accordance with the following provisions:
(1) No more than six cylinders belonging to the aircraft operator and, in addition, no more than one cylinder per passenger needing the oxygen at destination, may be transported in the cabin of the aircraft under the provisions of this paragraph (e);
(2) The rated capacity of each cylinder may not exceed 1,000 L (34 cubic feet);
(3) Each cylinder must conform to the provisions of this subchapter and be placed in:
(i) An outer packaging that conforms to the performance criteria of Air Transport Association (ATA) Specification 300 for a Category I Shipping Container; or
(ii) A metal, plastic or wood outer packaging that conforms to a UN standard at the Packing Group I or II performance level.
(4) The aircraft operator shall securely stow the cylinder in its overpack or outer packaging in the cabin of the aircraft and shall notify the pilot-in-command as specified in § 175.33 of this part; and
(5) Shipments under this paragraph (e) are not subject to—
(i) Sections 173.302(f) and 173.304(f) of this subchapter, subpart C of part 172 of this subchapter, and, for passengers only, subpart H of part 172 of this subchapter;
(ii) Section 173.25(a)(4) of this subchapter; and
(iii) Paragraph (b) of this section.
(a) A package required to bear a POISON, POISON INHALATION HAZARD, or INFECTIOUS SUBSTANCE label may not be carried in the same compartment of an aircraft with material which is marked as or known to be a foodstuff, feed, or any other edible material intended for consumption by humans or animals unless:
(1) The Division 6.1 or Division 6.2 material and the foodstuff, feed, or other edible material are loaded in separate unit load devices which, when stowed on the aircraft, are not adjacent to each other; or
(2) The Division 6.1 or Division 6.2 material are loaded in one closed unit load device and the foodstuff, feed or
(b) No person may operate an aircraft that has been used to transport any package required to bear a POISON or POISON INHALATION HAZARD label unless, upon removal of such package, the area in the aircraft in which it was carried is visually inspected for evidence of leakage, spillage, or other contamination. All contamination discovered must be either isolated or removed from the aircraft. The operation of an aircraft contaminated with such Division 6.1 materials is considered to be the carriage of poisonous materials under paragraph (a) of this section.
(c) When unloaded from the aircraft, each package, overpack, pallet, or unit load device containing a Division 6.2 material must be inspected for signs of leakage. If evidence of leakage is found, the cargo compartment in which the package, overpack, or unit load device was transported must be disinfected. Disinfection may be by any means that will make the material released ineffective at transmitting disease.
(a) Except as provided in §§ 173.4a, 173.422 and 173.423 of this subchapter, no person may carry any Class 7 materials aboard a passenger-carrying aircraft unless that material is intended for use in, or incident to research (See § 171.8 of this subchapter), medical diagnosis or treatment. Regardless of its intended use, no person may carry a Type B(M) package aboard a passenger-carrying aircraft, a vented Type B(M) package aboard any aircraft, or a liquid pyrophoric Class 7 material aboard any aircraft.
(b)
(1) On a passenger-carrying aircraft—
(i) Each single package on the aircraft has a transport index no greater than 3.0;
(ii) The combined transport index and the combined criticality index of all the packages on the aircraft are each no greater than 50.
(2) On a cargo aircraft—
(i) Each single package on the aircraft has a transport index no greater than 10.0.
(ii) The combined transport index of all the packages on the aircraft is no greater than 200, and the combined criticality index of all the packages on the aircraft is no greater than—
(A) 50 on a non-exclusive use cargo aircraft, or
(B) 100 on an aircraft assigned for the exclusive use of the shipper [offeror] for the specific shipment of fissile Class 7 material. Instructions for the exclusive use must be developed by the shipper [offeror] and carrier, and the instructions must accompany the shipping papers.
(3) The combined transport index and combined criticality index are determined by adding together the transport index and criticality index numbers, respectively, shown on the labels of the individual packages.
(c) No person may carry in a passenger-carrying aircraft any package required to be labeled RADIOACTIVE YELLOW-II or RADIOACTIVE YELLOW-III label unless the package is carried on the floor of the cargo compartment or freight container.
(a) The following table prescribes the minimum separation distances that must be maintained in a passenger-carrying aircraft between Class 7 (radioactive) materials labeled RADIOACTIVE YELLOW-II or RADIOACTIVE YELLOW-III and passengers and crew:
(b) When transported aboard passenger-carrying aircraft packages, overpacks or freight containers labeled Radioactive Yellow-II or Radioactive Yellow-III must be separated from live animals by a distance of at least 0.5 m (20 inches) for journeys not exceeding 24 hours, and by a distance of at least 1.0 m (39 inches) for journeys longer than 24 hours.
(c) Except as provided in paragraph (d) of this section, the minimum separation distances prescribed in paragraphs (a) and (b) of this section are determined by measuring the shortest distance between the surfaces of the Class 7 (radioactive) materials package and the surfaces bounding the space occupied by passengers or animals. If more than one package of Class 7 (radioactive) materials is placed in a passenger-carrying aircraft, the minimum separation distance for these packages shall be determined in accordance with paragraphs (a) and (b) of this section on the basis of the sum of the transport index numbers of the individual packages or overpacks.
(d)
(1) The packages can be placed in each predesignated area in accordance with the minimum separation distances prescribed in paragraph (a) of this section; and
(2) The predesignated areas are separated from each other by minimum distance equal to at least four times the distances required by paragraphs (a) and (b) of this section for the predesignated area containing packages with the largest sum of transport indexes.
(a) No person may carry in a cargo aircraft any package required by § 172.403 of this subchapter to be labeled Radioactive Yellow-II or Radioactive Yellow-III unless:
(1) The total transport index for all packages does not exceed 50.0 and the packages are carried in accordance with § 175.701(a); or
(2) The total transport index for all packages exceeds 50.0; and
(i) The separation distance between the surfaces of the radioactive materials packages, overpacks or freight containers and any space occupied by live animals is at least 0.5 m (20 inches) for journeys not exceeding 24 hours and at least 1.0 m (39 inches) for journeys longer than 24 hours; and
(ii) The minimum separation distances between the radioactive material and any areas occupied by persons that are specified in the following table are maintained:
(b) The criticality safety index of any single group of packages must not exceed 50.0 (as used in this section, the term “group of packages” means packages that are separated from each other in an aircraft by a distance of 6 m (20 feet) or less); and
(c) Each group of packages must be separated from every other group in the aircraft by not less than 6 m (20 feet), measured from the outer surface of each group.
(a) No person may accept for carriage in an aircraft packages of Class 7 materials, other than limited quantities, contained in a rigid or non-rigid overpack, including a fiberboard box or plastic bag, unless they have been prepared for shipment in accordance with § 172.403(h) of this subchapter.
(b) Each shipment of fissile material packages must conform to the requirements of §§ 173.457 and 173.459 of this subchapter.
(c) No person shall offer or accept for transportation, or transport, by air—
(1) Vented Type B(M) packages, packages which require external cooling by an ancillary cooling system or packages subject to operational controls during transport; or
(2) Liquid pyrophoric Class 7 (radioactive) materials.
(d) Packages with radiation levels at the package surface or a transport index in excess of the limits specified in § 173.441(a) of this subchapter may not be transported by aircraft except under special arrangements approved by the Associate Administrator.
Shipments of plutonium which are subject to 10 CFR 71.88(a)(4) must comply with the following:
(a) Each package containing plutonium must be secured and restrained to prevent shifting under normal conditions.
(b) A package of plutonium having a gross mass less than 40 kg (88 pounds) and both its height and diameter less than 50 cm (19.7 inches)—
(1) May not be transported aboard an aircraft carrying other cargo required to bear a Division 1.1 label; and
(2) Must be stowed aboard the aircraft on the main deck or the lower cargo compartment in the aft-most location that is possible for cargo of its size and weight, and no other cargo may be stowed aft of packages containing plutonium.
(c) A package of plutonium exceeding the size and weight limitations in paragraph (b) of this section—
(1) May not be transported aboard an aircraft carrying other cargo required to bear any of the following labels: Class 1 (all Divisions), Class 2 (all Divisions), Class 3, Class 4 (all Divisions), Class 5 (all Divisions), or Class 8; and
(2) Must be securely cradled and tied down to the main deck of the aircraft in a manner that restrains the package against the following internal forces acting separately relative to the deck of the aircraft; Upward, 2g; Forward, 9g; Sideward, 1.5g; Downward, 4.5g.
(a) A carrier shall take care to avoid possible inhalation, ingestion, or contact by any person with Class 7 (radioactive) materials that may have been released from their packagings.
(b) When contamination is present or suspected, the package containing a Class 7 material, any loose Class 7 material, associated packaging material, and any other materials that have been contaminated must be segregated as far as practicable from personnel contact until radiological advice or assistance is obtained from the U.S. Department of Energy or appropriate State or local radiological authorities.
(c) An aircraft in which Class 7 material has been released must be taken out of service and may not be returned to service or routinely occupied until the aircraft is checked for radioactive contamination and it is determined in accordance with § 173.443 of this subchapter that the dose rate at every accessible surface is less than 0.005 mSv per hour (0.5 mrem per hour) and there is no significant removable surface contamination.
(d) Each aircraft used routinely for transporting Class 7 materials shall be periodically checked for radioactive contamination, and an aircraft must be taken out of service if contamination exceeds the level specified in paragraph (c). The frequency of these checks shall be related to the likelihood of contamination and the extent to which Class 7 materials are transported.
(e) In addition to the reporting requirements of (§§ 171.15 and 171.16 of this subchapter and § 175.31 of this part, an aircraft operator shall notify the offeror at the earliest practicable moment following any incident in which there has been breakage, spillage, or suspected radioactive contamination involving Class 7 (radioactive) materials shipments.
No person may carry in an aircraft any package of Class 7 (radioactive) materials required by § 172.403 of this subchapter to be labeled Radioactive Yellow-II or Radioactive Yellow-III closer than the distances shown in the table below to any package marked as containing underdeveloped film.
Carbon dioxide, solid (dry ice) when shipped by itself or when used as a refrigerant for other commodities, may be carried only if the operator has made suitable arrangements based on the aircraft type, the aircraft ventilation rates, the method of packing and stowing, whether animals will be carried on the same flight and other factors. The operator must ensure that the ground staff is informed that the dry ice is being loaded or is on board the aircraft. For arrangements between the shipper and operator, see § 173.217 of this subchapter. Where dry ice is contained in a unit load device (ULD) or other type of pallet prepared by a single shipper in accordance with § 173.217 and the operator after the acceptance adds additional dry ice, the operator must ensure that the information provided to the Pilot-in-Command and the marking on the ULD when used as a packaging reflects that revised quantity of dry ice.
49 U.S.C. 5101-5128; 49 CFR 1.53.
This part prescribes requirements in addition to those contained in parts 171, 172, and 173 of this subchapter to be observed with respect to the transportation of hazardous materials by vessel.
As used in this part—
(1) A “designated waterfront facility” designated under 33 CFR part 126 when loading, handling, and unloading Class 1 (explosives) materials; or
(2) A facility for loading, unloading, and handling military Class 1 (explosives) materials which is operated or controlled by an agency of the Department of Defense.
(1) Internal combustion machinery used for main propulsion:
(2) Internal combustion machinery used for purposes other than main propulsion where such machinery has in the aggregate a total power output of not less than 375 kw; or
(3) any oil-fired boiler or fuel unit.
(a) A carrier may not transport by vessel any shipment of a hazardous material that is not prepared for transportation in accordance with parts 172 and 173 of this subchapter, or as authorized by subpart C of part 171 of this subchapter.
(b) A carrier may not transport by vessel any explosive or explosive composition described in § 173.54 of this subchapter.
(a) Each carrier, master, agent, and charterer of a vessel and all other persons engaged in handling hazardous materials on board vessels shall comply with the applicable provisions of 33 CFR parts 6, 109, 110, 125, 126, and 160.
(b) Division 1.1 and 1.2 (explosive) materials may only be loaded on and unloaded from a vessel at—
(1) A facility of particular hazard as defined in 33 CFR 126.05(b);
(2) An explosives anchorage listed in 33 CFR part 110; or
(3) A facility operated or controlled by the Department of Defense.
(c) With the concurrence of the COTP, Division 1.1 and 1.2 (explosive) materials may be loaded on or unloaded from a vessel in any location acceptable to the COTP.
(a) Except as provided in paragraph (b) of this section, this subchapter applies to each domestic or foreign vessel when in the navigable waters of the United States, regardless of its character, tonnage, size, or service, and whether self-propelled or not, whether arriving or departing, underway, moored, anchored, aground, or while in dry dock.
(b) This subchapter does not apply to:
(1) A public vessel not engaged in commercial service;
(2) A vessel constructed or converted for the principal purpose of carrying flammable or combustible liquid cargo in bulk in its own tanks, when only carrying these liquid cargoes;
(3) A vessel of 15 gross tons or smaller when not engaged in carrying passengers for hire;
(4) A vessel used exclusively for pleasure;
(5) A vessel of 500 gross tons or smaller when engaged in fisheries;
(6) A tug or towing vessel, except when towing another vessel having Class 1 (explosive) materials, Class 3 (flammable liquids), or Division 2.1 (flammable gas) materials, in which case the owner/operator of the tug or towing vessel shall make such provisions to guard against and extinguish fire as the Coast Guard may prescribe;
(7) A cable vessel, dredge, elevator vessel, fireboat, icebreaker, pile driver, pilot boat, welding vessel, salvage vessel, or wrecking vessel; or
(8) A foreign vessel transiting the territorial sea of the United States without entering the internal waters of the United States, if all hazardous materials being carried on board are being carried in accordance with the requirements of the IMDG Code (IBR, see § 171.7 of this subchapter).
(c) [Reserved]
(d) Except for transportation in bulk packagings (as defined in § 171.8 of this subchapter), the bulk carriage of hazardous materials by water is governed
Each owner, operator, master, agent, person in charge, and charterer must ensure that vessel personnel required to have a license, certificate of registry, or merchant mariner's document by 46 CFR parts 10 and 12 possess a license, certificate or document, as appropriate.
A carrier may not transport Division 1.1 or 1.2 (explosive) materials, detonators, or boosters with detonators which are:
(a) Consigned to “order-notify” or “C.O.D.”, except on a through bill of lading to a place outside the United States; or
(b) Consigned by the shipper to himself unless he has a resident representative to receive the shipment at the port of discharge.
(a) A hazardous material may be offered and accepted for transport by vessel when in conformance with the IMDG Code (IBR, see § 171.7 of this subchapter), subject to the conditions and limitations set forth in subpart C of part 171 of this subchapter.The requirements of §§ 176.83, 176.84, and 176.112 through 176.174 are not applicable to shipments of Class 1 (explosive) materials made in accordance with the IMDG Code. A hazardous material which conforms to the provisions of this paragraph (a) is not subject to the requirement specified in § 172.201(d) of this subchapter for an emergency response telephone number, when transportation of the hazardous material originates and terminates outside the United States and the hazardous material—
(1) Is not offloaded from the vessel; or
(2) Is offloaded between ocean vessels at a U.S. port facility without being transported by public highway.
(b) Canadian shipments and packages may be transported by vessel if they are transported in accordance with this subchapter. (See subparts B and C of part 171 of this subchapter.)
(c) The requirements of this subchapter governing the transportation of combustible liquids do not apply to the transportation of combustible liquids in non-bulk (see definitions in § 171.8 of this subchapter) packages on board vessels.
(d) Transport vehicles, containing hazardous materials loaded in accordance with specific requirements of this subchapter applicable to such vehicles, may be transported on board a ferry vessel or carfloat, subject to the applicable requirements specified in §§ 176.76, 176.100, and subpart E of this part.
(e) Hazardous materials classed and shipped as ORM-D are not subject to the requirements of this part unless they are offered for transporation as hazardous wastes.
(f) Paragraph (a) of this section does not apply to hazardous materials, including certain hazardous wastes and hazardous substances as defined in § 171.8 of this subchapter, which are not subject to the requirements of the IMDG Code.
(g) The requirements of this subchapter do not apply to atmospheric gases used in a refrigeration system.
For
(a) Unless this subchapter specifically provides that another person shall perform a particular duty, each
(b) A carrier may not transport a hazardous material by vessel unless each of its hazmat employees involved in that transportation is trained as required by subpart H of part 172 of this subchapter.
(c) The record of training required by § 172.704(d) of this subchapter for a crewmember who is a hazmat employee subject to the training requirements of this subchapter must be kept on board the vessel while the crewmember is in service on board the vessel.
(a) An enforcement officer of the U.S. Coast Guard may at any time and at any place, within the jurisdiction of the United States, board any vessel for the purpose of enforcement of this subchapter and inspect any shipment of hazardous materials as defined in this subchapter.
(b) [Reserved]
(a) The National Cargo Bureau, Inc., is authorized to assist the Coast Guard in administering this subchapter with respect to the following:
(1) Inspection of vessels for suitability for loading hazardous materials;
(2) Examination of stowage of hazardous materials;
(3) Making recommendations for stowage requirements of hazardous materials cargo; and
(4) Issuance of certificates of loading setting forth that the stowage of hazardous materials is in accordance with the requirements of this subchapter.
(b) A certificate of loading issued by the National Cargo Bureau, Inc., may be accepted by the Coast Guard as prima facie evidence that the cargo is stowed in conformity with the requirements of this subchapter.
(a) A person may not accept a hazardous material for transportation or transport a hazardous material by vessel unless that person has received a shipping paper prepared in accordance with part 172 of this subchapter, or as authorized by subpart C of part 171 of this subchapter, unless the material is excepted from shipping paper requirements under this subchapter.
(b) Each person receiving a shipping paper required by this section must retain a copy or an electronic image thereof, that is accessible at or through its principal place of business and must make the shipping paper available, upon request, to an authorized official of a Federal, State, or local government agency at reasonable times and locations. For a hazardous waste, each shipping paper copy must be retained for three years after the material is accepted by the initial carrier. For all other hazardous materials, each shipping paper copy must be retained for one year after the material is accepted by the carrier. Each shipping paper copy must include the date of acceptance by the carrier. The date on the shipping paper may be the date a shipper presents a booking for carriage with the carrier as an alternative to the date the shipment is picked up, accepted, or loaded on the vessel by the carrier.
(a) A carrier may not transport a hazardous material by vessel unless a certificate prepared in accordance with § 172.204 of this subchapter has been received.
(b) In the case of an import or export shipment of a hazardous material that
(c)(1) A person responsible for packing or loading a freight container or transport vehicle with packages of hazardous materials for transportation by a manned vessel in ocean or coastwise service, must provide the vessel operator, at the time the shipment is offered for transportation by vessel, with a signed container packing certificate stating, at a minimum, that—
(i) The freight container or transport vehicle is serviceable for the materials loaded therein, contains no incompatible goods, and is properly marked, labeled or placarded, as applicable; and
(ii) When the freight container or transport vehicle contains packages, those packages have been inspected prior to loading, are properly marked, labeled or placarded, as applicable; are not damaged; and are properly secured.
(2) The certification may appear on a shipping paper or on a separate document as a statement, such as “It is declared that the packing of the container has been carried out in accordance with the applicable provisions [of 49 CFR], [of the IMDG Code], or [of 49 CFR and the IMDG Code].”
(a) The carrier, its agents, and any person designated for this purpose by the carrier or agents shall prepare a dangerous cargo manifest, list, or stowage plan. This document may not include a material which is not subject to the requirements of 49 CFR or the IMDG Code (IBR, see § 171.7 of this subchapter). This document must be kept in a designated holder on or near the vessel's bridge. It must contain the following information:
(1) Name of vessel and official number. (If the vessel has no official number, the international radio call sign must be substituted.);
(2) Nationality of vessel;
(3) Shipping name and identification number of each hazardous material on board as listed in § 172.101 of this subchapter or as listed in the IMDG Code and an emergency response telephone number as prescribed in subpart G of part 172 of this subchapter.
(4) The number and description of packages (barrels, drums, cylinders, boxes, etc.) and gross weight for each type of packaging;
(5) Classification of the hazardous material in accordance with either:
(i) The Hazardous Materials Table, the § 172.101 table; or
(ii) The IMDG Code.
(6) Any additional description required by § 172.203 of this subchapter.
(7) Stowage location of the hazardous material on board the vessel.
(8) In the case of a vessel used for the storage of explosives or other hazardous materials, the following additional information is required:
(i) Name and address of vessel's owner;
(ii) Location of vessel's mooring;
(iii) Name of person in charge of vessel;
(iv) Name and address of the owner of the cargo; and
(v) A complete record, by time intervals of one week, of all receipts and disbursements of hazardous materials. The name and address of the consignor must be shown against all receipts and the name and address of the consignee against all deliveries.
(b) The hazardous material information on the dangerous cargo manifest must be the same as the information furnished by the shipper on the shipping order or other shipping paper, except that the IMO “correct technical name” and the IMO class may be indicated on the manifest as provided in paragraphs (a)(3) and (a)(5) of this section. The person who supervises the preparation of the manifest, list, or stowage plan shall ensure that the information is correctly transcribed, and shall certify to the truth and accuracy of this information to the best of his knowledge and belief by his signature and notation of the date prepared.
(c) The carrier and its agents shall insure that the master, or a licensed deck officer designated by the master and attached to the vessel, or in the case of a barge, the person in charge of the barge, acknowledges the correctness of the dangerous cargo manifest, list or stowage plan by his signature.
(d) For barges, manned or unmanned, the requirements of this section apply except for the following:
(1) In the case of a manned barge, the person in charge of the barge shall prepare the dangerous cargo manifest.
(2) In the case of an unmanned barge, the person responsible for loading the barge is responsible for the preparation of a dangerous cargo manifest, list, or stowage plan and must designate an individual for that purpose.
(3) For all barges, manned or unmanned, the dangerous cargo manifest must be on board the barge in a readily accessible location and a copy must be furnished to the person in charge of the towing vessel.
(e) Each carrier who transports or stores hazardous materials on a vessel shall retain a copy of the dangerous cargo manifest, list, or stowage plan for at least one year, and shall make that document available for inspection in accordance with § 176.36(b) of this subchapter.
For
If a hazardous material is being transported by vessel under the authority of an exemption or special permit and a copy of the exemption or special permit is required to be on board the vessel, it must be kept with the dangerous cargo manifest.
(a) When this part requires shipping orders, manifest, cargo lists, stowage plans, reports, or any other papers, documents or similar records to be prepared, the carrier shall preserve them or copies of them in his place of business or office in the United States for a period of one year after their preparation.
(b) Any record required to be preserved must be made available upon request to an authorized representative of the Department.
(a)
(b)
(c) The carrier, its agents, and any person designated for this purpose by the carrier or agents of each ocean-going vessel carrying hazardous material shall, immediately prior to entering a port in the United States, cause an inspection of that cargo to be made.
(d) When inspecting a cargo of hazardous materials capable of evolving flammable vapors, any artificial means of illumination must be of an explosion-proof type.
(a) When an accident occurs on board a vessel involving hazardous materials, and the safety of the vessel, its passengers or crew are endangered, the master shall adopt such procedures as will, in his judgment, provide maximum safety for the vessel, its passengers, and its crew. When the accident results in damaged packages or the emergency use of unauthorized packagings, these packages may not be offered to any forwarding carrier for transportation. The master shall notify the nearest Captain of the Port, U.S. Coast Guard, and request instructions for disposition of the packages.
(b) Hazardous materials may be jettisoned only if the master believes this action necessary to prevent or substantially reduce a hazard to human life or reduce a substantial hazard to property.
(a) When a fire or other hazardous condition exists on a vessel transporting hazardous materials, the master shall notify the nearest Captain of the Port as soon as possible and shall comply with any instructions given by the Captain of the Port.
(b) When an incident occurs during transportation in which a hazardous material is involved, a report may be required (see §§ 171.15 and 171.16 of this subchapter).
(c) If a package, portable tank, freight container, highway or railroad vehicle containing hazardous materials is jettisoned or lost, the master shall notify the nearest Captain of the Port as soon as possible of the location, quantity, and type of the material.
A carrier may not transport by vessel any package that is so damaged as to permit the escape of its contents, that appears to have leaked, or that gives evidence of failure to properly contain the contents unless it is restored or repaired to the satisfaction of the master of the vessel. A package containing radioactive materials (other than low specific activity materials) may not be repaired or restored.
(a) A carrier may not knowingly transport by vessel any hazardous material offered under a false or deceptive name, marking, invoice, shipping paper or other declaration, or without the shipper furnishing written information about the true nature of the material at the time of delivery.
(b) If a shipment in violation is found in transit, the master of the vessel shall adopt procedures which in his judgment provide maximum safety to the vessel, its passengers and its crew and which are in compliance with § 176.45. If the vessel is in port, the material may not be delivered to any party, and the master shall immediately notify the nearest Captain of the Port and request instructions for disposition of the material.
(a) Except as provided in paragraph (b) of this section, repairs or work involving welding or burning, or the use of power-actuated tools or appliances which may produce intense heat may
(b) Paragraph (a) of this section does not apply if:
(1) The repairs or work are approved by the COTP under 33 CFR 126.30; or
(2) Emergency repairs to the vessel's main propelling or boiler plant or auxiliaries are necessary for the safety of the vessel. If such repairs are performed, the master of the vessel must immediately notify the nearest COTP.
(a) Hazardous materials may be handled or stowed on board a vessel only under the direction and observation of a responsible person assigned this duty.
(b) For a vessel engaged in coastwise voyages, or on rivers, bays, sounds or lakes, including the Great Lakes when the voyage is not foreign-going, the responsible person may be an employee of the carrier and assigned this duty by the carrier, or a licensed officer attached to the vessel and assigned by the master of the vessel.
(c) For a domestic vessel engaged in a foreign-going or intercoastal voyage, the responsible person must be an officer possessing an unexpired license issued by the USCG and assigned this duty by the master of the vessel.
(d) For a foreign vessel, the responsible person must be an officer of the vessel assigned this duty by the master of the vessel.
(a) Each hold or compartment in which hazardous materials are to be stowed must be free of all debris before the hazardous materials are stowed. Bilges must be examined and all residue of previous cargo removed.
(b) All decks, gangways, hatches, and cargo ports over or through which hazardous materials must be passed or handled in loading or unloading must be free of all loose materials before cargo handling operations begin.
(c) No debris that creates a fire hazard or a hazardous condition for persons engaged in handling hazardous materials may be on the weather deck of a vessel during loading or unloading operations.
(d) Hatch beams and hatch covers may not be stowed in a location that would interfere with cargo handling.
When smoking is prohibited during the loading, stowing, storing, transportation, or unloading of hazardous materials by this part, the carrier and the master of the vessel are jointly responsible for posting “NO SMOKING” signs in conspicuous locations.
(a) The table in § 172.101 of this subchapter specifies generally the locations authorized for stowage of the various hazardous materials on board vessels. This part prescribes additional requirements with respect to the stowage of specific hazardous materials in addition to those authorized in § 172.101 of this subchapter. This section sets forth the basic physical requirements for the authorized locations.
(b) To qualify as “on deck” stowage, the location must be on the weather deck. If it is in a house on the weather deck, it must have a permanent structural opening to the atmosphere, such as a door, hatch, companionway or manhole, and must be vented to the atmosphere. It may not have any structural opening to any living quarters, cargo, or other compartment unless the opening has means for being closed off and secured. Any deck house containing living quarters, a steering engine, a refrigerating unit, a refrigerated stowage box, or a heating unit may not be used unless that area is isolated from the cargo stowage area by a permanent, and tight metallic bulkhead. Stowage in a shelter or 'tween deck is not considered to be “on deck”. A barge which is vented to the atmosphere and is stowed on deck on a barge-carrying ship is considered to be “on deck”. When an entry in § 172.101 of this subchapter requires “on-deck” stowage
(c) To qualify as “under deck” stowage, the location must be in a hold or compartment below the weather deck capable of being ventilated and allotted entirely to the carriage of cargo. It must be bounded by permanent steel decks and bulkheads or the shell of the vessel. The deck openings must have means for effectively closing the hold or compartment against the weather, and in the case of superimposed holds, for effectively closing off each hold. A hold or compartment containing a crew passage formed by battens or by mesh or wire screen bulkhead may not be used for the stowage of any hazardous material unless a watchman is provided for this area.
(d) To qualify as “under deck away from heat”, the location must be under deck and have built-in means for ventilation. If it is subject to heat from any artificial source, it only qualifies for the stowage of those hazardous materials for which “under deck” stowage is authorized.
(e)
(f)
(1) All hazardous materials are permitted for
(2) The hatchless container hold is in full compliance with the provisions of SOLAS, Chapter II-2/Regulation 19 (IBR;
When a hazardous material is to be loaded on board a vessel and it is shown to the satisfaction of the Coast Guard Captain of the Port for the place where the vessel is being loaded that it is impracticable to comply with a stowage location requirement specified in the § 172.101 table of this subchapter or a segregation, handling or stowage requirement specified in this part, the Captain of the Port may authorize in writing the use of an alternative stowage location or method of segregation, handling or stowage subject to such conditions as he finds will insure a level of safety at least equal to that afforded by the regulatory requirement concerned.
(a) Hazardous materials (except as provided in paragraph (c) of this section and Class 9 (miscellaneous hazardous) materials) must be stowed in a manner that will facilitate inspection during the voyage, their removal from a potentially dangerous situation, and the removal of packages in case of fire.
(b) Each package marked in accordance with § 172.312(a)(2) of this subchapter must be stowed as to remain in the position indicated during transportation.
(c) If a vessel designed for and carrying hazardous materials in freight containers or a vessel designed for and carrying hazardous materials in barges is equipped with a fixed fire extinguishing and fire detection system, the freight containers or barges need not be stowed in the manner required by paragraph (a) of this section. When freight containers or barges containing hazardous materials are stowed on deck, they need not be stowed in the manner required by paragraph (a) of this section if fire fighting equipment capable of reaching and piercing the freight container or barge is on board the vessel.
(d) Packages of hazardous materials must be secured and dunnaged to prevent shifting in any direction. Vertical restraints are not required if the shape of the package and the stuffing pattern preclude shifting of the load.
(e) Packages of hazardous materials must be braced and dunnaged so that they are not likely to be pierced by the dunnage or crushed by a superimposed load.
(a) Marine pollutants must be properly stowed and secured to minimize the hazards to the marine environment without impairing the safety of the ship and the persons on board.
(b) Where stowage is permitted “on deck or under deck”, under deck stowage is preferred except when a weather deck provides equivalent protection.
(c) Where stowage “on deck only” is required, preference should be given to stowage on well-protected decks or to stowage inboard in sheltered areas of exposed decks.
(a) A metal bale hook may not be used for handling any package of hazardous materials.
(b) The use of equipment designed to lift or move cargo by means of pressure exerted on the packages may not be used for handling any package of hazardous materials if the device can damage the package or the package is not designed to be moved in that manner.
(c) Pallets, slings, cargo nets and other related equipment used in loading packages of hazardous materials must give adequate support to the packages. The packages must be contained so that they are not able to fall during loading.
(a) Packages containing hazardous materials must be secured by enclosing in boxes, cribs or cradles and proper lashing by use of wire rope, strapping or other means, including shoring and bracing, or both. Lashing of deck cargo is permitted if eye pads are used to attach the lashings. Lashings may not be secured to guard rails. Bulky articles must be shored.
(b) A packaging susceptible to weather or water damage must be protected so that it will not be exposed to the weather or to sea water.
(c) Not more than fifty percent of the total open deck area should be used for stowage of hazardous materials (except Class 9 (miscellaneous hazardous material).
(d) Fireplugs, hoses, sounding pipes, and access to these must be free and clear of all cargo.
(e) Crew and passenger spaces and areas set aside for the crew's use may not be used to stow any hazardous material.
(f) A hazardous material may not be stowed within a horizontal distance of 25 feet of an operating or embarkation point of a lifeboat.
(g) Hazardous materials must be stowed to permit safe access to the crew's quarters and to all parts of the deck required in navigation and necessary working of the vessel.
(h) When runways for use of the crew are built over stowed hazardous materials, they must be constructed and fitted with rails and lifelines so as to
(a) Except as provided in paragraphs (b) through (f) of this section, hazardous materials authorized to be transported by vessel may be carried on board a vessel in a transport vehicle or freight container, subject to the following conditions (see additional requirements concerning the transport of Class 1 (explosive) materials in §§ 176.168 through 176.172 of this subchapter):
(1) The material must be in proper condition for transportation according to the requirements of this subchapter;
(2) All packages in the transport vehicle or freight container must be secured to prevent shifting in any direction. Vertical restraint is not required if the shape of the packages, loading pattern, and horizontal restraint preclude vertical shifting of the load within the freight container or transport vehicle;
(3) Bulkheads made of dunnage which extend to the level of the cargo must be provided unless the packages are stowed flush with the sides or ends;
(4) Dunnage must be secured to the floor when the cargo consists of dense materials or heavy packages;
(5) Each package marked in accordance with § 172.312(a)(2) of this subchapter must be stowed as marked;
(6) Any slack spaces between packages must be filled with dunnage;
(7) The weight in a container must be distributed throughout as evenly as possible and the maximum permissible weight must not be exceeded;
(8) Adjacent levels of baggaged and baled cargo must be stowed in alternate directions so that each tier binds the tier above and below it;
(9) When security devices, beacons or other tracking or monitoring equipment are used, they must be securely installed and must be of a certified safe type for the hazardous materials that will be carried within the freight container or transport vehicle in which such as device or equipment is installed.
(10) The lading must be contained entirely within the freight container or vehicle body without overhang or projection except that oversized machinery such as tractors or vehicles with batteries attached may overhang or project outside the intermodal container provided all of that portion of the lading that consists of hazardous materials is contained entirely within the freight container. No open-bed container or vehicle is permitted to carry hazardous materials unless it is equipped with a means of properly securing the lading.
(b) A transport vehicle containing hazardous materials may be carried only on board a trailership, trainship, ferry vessel or car float.
(c) [Reserved]
(d) A transport vehicle or freight container equipped with heating or refrigeration equipment may be operated on board a vessel. However, the equipment may not be operated in any hold or compartment in which any flammable liquid or gas is stowed. Any heating or air conditioning equipment having a fuel tank containing a flammable liquid or gas may be stowed only “on deck”. Equipment electrically powered and designed to operate within an environment containing flammable vapors may be operated below deck in a hold or compartment containing a flammable liquid or gas.
(e) A transport vehicle, loaded with any hazardous material which is required to be stowed “on deck” by § 172.101 of this subchapter, may be stowed one deck below the weather deck when transported on a trainship or trailership which is unable to provide “on deck” stowage because of the vessel's design. Otherwise, the transport vehicle or container must be transported “on deck.”
(f) A hazardous material may be carried on board a vessel in a portable tank subject to the following conditions:
(1) Small passenger vessels of 100 gross tons, or less, may carry a hazardous material in a portable tank only when 16 or less passengers are on
(2) Portable tanks containing flammable liquids or gases, combustible liquids with flashpoints below 60 °C (140 °F). that are insoluble in water, or organic peroxides, spontaneously combustible materials, or water reactive materials must be stowed on deck irrespective of the stowage authorized in § 172.101 of this subchapter. Portable tanks containing hazardous materials not restricted to on deck stowage by the previous sentence must be stowed in accordance with the requirements specified in § 172.101 of this subchapter.
(3) Aluminum, magnesium, and their alloys are specifically prohibited as materials of construction of portable tanks.
(g)
(1) Any cryogenic liquid being transported in a cargo tank, regardless of the pressure in the package, must be contained in a steel jacketed Specification MC-338 (§ 178.338 of this subchapter) insulated cargo tank.
(2) Any valve or fitting with moving or abrading parts that may come in contact with any cryogenic liquid may not be made of aluminum.
(3) For a flammable cryogenic liquid being transported in a cargo tank, the elapsed time between the loading of the cargo tank and the subsequent unloading of the cargo tank at its final destination may not exceed the marked rated holding time (MRHT) of the cargo tank for the cryogenic liquid being transported, which must be displayed on or adjacent to the specification plate.
(4) Portable tanks, cargo tanks, and tank cars containing cryogenic liquids must be stowed “on deck” regardless of the stowage authorized in § 172.101 of this subchapter. Cargo tanks or tank cars containing cryogenic liquids may be stowed one deck below the weather deck when transported on a trailership or trainship that is unable to provide “on deck” stowage because of the vessel's design. Tank cars must be Class DOT-113 or AAR-204W tank cars.
(h) A fumigated cargo transport unit may only be transported on board a vessel subject to the following conditions and limitations:
(1) The fumigated cargo transport unit may be placed on board a vessel only if at least 24 hours have elapsed since the unit was last fumigated;
(2) The fumigated cargo transport unit is accompanied by a document showing the date of fumigation and the type and amount of fumigant used;
(3) Prior to loading, the master is informed of the intended placement of the fumigated cargo transport unit on board the vessel and the information provided on the accompanying document;
(4) Equipment that is capable of detecting the fumigant and instructions for the equipment's use is provided on the vessel;
(5) The fumigated cargo transport unit must be stowed at least 5 m from any opening to accommodation spaces;
(6) Fumigated cargo transport units may only be transported on deck on vessels carrying more than 25 passengers; and
(7) Fumigants may not be added to cargo transport units while on board a vessel.
(i) A cargo transport unit packed or loaded with flammable gas or flammable liquid having a flashpoint below +23 °C transported on deck must be stowed “away from” possible sources of ignition. In the case of container ships, a distance equivalent to one container space athwartships away from possible sources of ignition applied in any direction will satisfy this requirement.
For
(a) A barge which contains hazardous materials may be transported on board a barge-carrying vessel if it is stowed in accordance with the requirements of this section.
(b) A barge which contains hazardous materials for which only “on deck”
(c) A barge which contains hazardous materials for which both “on deck” and “below deck” stowage is authorized may be stowed above or below the weather deck.
(a)
(b) Each truck must have a specific designation of Underwriter's Laboratories or Factory Mutual Laboratories. Any repair or alteration to a truck must be equivalent to that required on the original designation.
(c)
(1) An “E” designated unit is an electrically-powered unit that has minimum acceptable safeguards against inherent fire hazards.
(2) An “EE” designated unit is an electrically-powered unit that has, in addition to all the requirements for the “E” unit, the electric motor and all other electrical equipment completely enclosed.
(3) An “EX” designated unit is an electrically-powered unit that differs from the “E” and “EE” unit in that the electrical fittings and equipment are so designed, constructed, and assembled that the unit may be used in certain atmospheres containing flammable vapors or dusts.
(4) A “G” designated unit is a gasoline-powered unit having minimum acceptable safeguards against inherent fire hazards.
(5) A “GS” designated unit is a gasoline-powered unit that is provided with additional safeguards to the exhaust, fuel, and electrical systems.
(6) An “LP” designated unit is similar to a “G” unit except that it is powered by liquefied petroleum gas instead of gasoline.
(7) An “LPS” designated unit is a unit similar to a “GS” unit except that liquefied petroleum gas is used for fuel instead of gasoline.
(8) A “D” designated unit is a unit similar to a “G” unit except that it is powered by a diesel engine instead of a gasoline engine.
(9) A “DS” designated unit is a unit powered by a diesel engine provided with additional safeguards to the exhaust, fuel, and electrical systems.
(d)
(1) A power-operated truck designated EE or EX.
(2) A power-operated truck designated LPS, GS, D, or DS may be used under conditions acceptable to the COTP.
(e)
(2) Only a designated truck may be used to handle any other hazardous material not covered in paragraph (d) or (e)(1) of this section.
(f)
(1) The truck must be equipped with a warning horn, whistle, gong, or other device that may be heard clearly above normal shipboard noises.
(2) When the truck operation may expose the operator to danger from a falling object, the truck must be equipped with a driver's overhead guard. When the overall height of the truck with forks in the lowered position is limited
(3) A forklift truck used to handle small objects or unstable loads must be equipped with a load backrest extension having height, width, and strength sufficient to prevent any load, or part of it, from falling toward the mast when the mast is in a position of maximum backward tilt. The load backrest extension must be constructed in a manner that does not interfere with good visibility.
(4) The forks on a fork lift truck must be secured to the carriage so as to prevent any unintentional lifting of the toe which could create a hazard. The forks may not display permanent deformation when subjected to a test load of three times the rated capacity.
(5) Each fork extension or other attachment must be secured to prevent unintentional lifting or displacement on primary forks.
(6) Tires extending beyond the confines of the truck shall be provided with a guard to prevent the tires from throwing particles at the operator.
(7) Unless the steering mechanism is a type that prevents road reactions from causing the steering handwheel to spin, a mushroom type steering knob must be used to engage the palm of the operator's hand, or the steering mechanism must be arranged in some other manner to prevent injury. The knob must be mounted within the perimeter of the wheel.
(8) All steering controls must be confined within the clearnace of the truck or guarded so that moving of the controls will not result in injury to the operator when passing stanchions, obstructions or other.
(g)
(2) Before a truck is operated on board a vessel, it must be in a safe operating condition as determined by the master or senior deck officer on board.
(3) Any truck that emits sparks or flames from the exhaust system must immediately be removed from service and may not be returned to service until the cause of these sparks or flames has been eliminated.
(4)-(5) [Reserved]
(6) All truck motors must be shut off immediately when a breakage or leakage of packages containing flammable liquids or gases, flammable solids, oxidizers, or organic peroxides occurs or is discovered.
(7) The rated capacity of the truck must be posted on the truck at all times in a conspicuous place. This capacity may not be exceeded.
(8) At least one Coast Guard approved marine type size 1 Type B, or UL approved 5BC portable fire extinguisher, or its approved equivalent, must be affixed to the truck in a readily accessible position or must be kept in close proximity, available for immediate use.
(9) The vessel's fire fighting equipment, both fixed (where installed) and portable, must be kept ready for immediate use in the vicinity of the space being worked.
(h)
(2) A truck using liquefied petroleum gas as fuel may not be refueled in the hold or on the weather deck of a vessel unless it is fitted with a removable tank and the hand-operated shutoff valve of the depleted tank is closed. In addition, the motor must be run until it stalls from lack of fuel and then the hand-operated shut off valve closed before the quick disconnect fitting to the fuel tank is disconnected.
(3) A truck using diesel oil as fuel may not be refueled on the weather deck or in the hold of a vessel unless a portable container of not over a five gallon capacity is used. A truck may be refueled or a portable container may be refilled from a larger container of diesel fuel on the weather deck of a vessel if a suitable pump is used for the transfer operation and a drip pan of adequate size is used to prevent any dripping of fuel on the deck.
(4) Refueling must be performed under the direct supervision of an experienced and responsible person specifically designated for this duty by the person in charge of the loading or unloading of the vessel.
(5) Refueling may not be undertaken with less than two persons specifically assigned and present for the complete operation, at least one of whom must be experienced in using the portable fire extinguishers required in the fuel area.
(6) At least one Coast Guard approved marine type size 1 Type B or UL approved 5BC portable fire extinguisher or its approved equivalent, must be provided in the fueling area. This is in addition to the extinguisher required by paragraph (g)(8) of this section.
(7) The location for refueling trucks must be designated by the master or senior deck officer on board the vessel. “NO SMOKING” signs must be conspicuously posted in the area.
(8) The location designated for refueling must be adequately ventilated to insure against accumulation of any hazardous concentration of vapors.
(9) Before any truck in a hold is refueled or before any fuel handling device or unmounted liquefied petroleum gas cylinder is placed in a hold, the motors of all trucks in the same hold must be stopped.
(10) All fuel handling devices and unmounted liquefied petroleum gas containers must be removed from a hold before any truck motor is started and the trucks are placed in operation in that hold.
(i)
(1) Only suitable handling equipment may be employed.
(2) Adequate precautions must be taken to avoid damage to the battery, short circuiting of the battery, and spillage of the electrolyte.
(j)
(1) The batteries must be housed in a suitable, ventilated, portable metal container with a suitable outlet at the top for connection of a portable air hose, or must be placed directly beneath a suitable outlet at the top for connection of a portable air hose. The air hose must be permanently connected to an exhaust duct leading to the open deck and terminate in a gooseneck or other suitable weather head. If natural ventilation is not practicable or adequate, mechanical means of exhaust must be employed in conjunction with the duct. The air outlet on the battery container must be equipped with an interlock switch so arranged that the charging of the battery cannot take place unless the air hose is properly connected to the box.
(2) If mechanical ventilation is used, an additional interlock must be provided between the fan and the charging circuit so that the fan must be in operation in order to complete the charging circuit for operation. It is preferable that this interlock switch be of a centrifugal type driven by the fan shaft.
(3) The hold may not contain any hazardous materials.
(4) The charging facilities may be part of the truck equipment or may be separate from the truck and located inside or outside the cargo hold. The power supply or charging circuit (whichever method is used) must be connected to the truck by a portable plug connection of the break-away type. This portable plug must be so engaged with the truck battery charging outlet that any movement of the truck away from the charging station will break the connection between the plug and receptacle without exposing any live parts to contact with a conducting surface or object and without the plug falling to the deck where it may become subject to damage.
(5) All unmounted batteries must be suitably protected or removed from an area in the hold of the vessel before any truck is operated in that area.
(k)
(l)
(a) This subpart sets forth segregation requirements in addition to any segregation requirements set forth elsewhere in this subchapter.
(b) Hazardous materials in limited quantities when loaded in transport vehicles and freight containers, are excepted from the segregation requirements of this subpart and any additional segregation specified in this subchapter for transportation by vessel.
(a)
(2) Segregation is obtained by maintaining certain distances between incompatible hazardous materials or by requiring the presence of one or more steel bulkheads or decks between them or a combination thereof. Intervening spaces between such hazardous materials may be filled with other cargo which is not incompatible with the hazardous materials.
(3) The general requirements for segregation between the various classes of dangerous goods are shown in the segregation table. In addition to these general requirements, there may be a need to segregate a particular material from other materials which would contribute to its hazard. Such segregation requirements are indicated by code numbers in Column 10B of the § 172.101 Table.
(4) Segregation is not required:
(i) Between hazardous materials of different classes which comprise the same substance but vary only in their water content (for example, sodium sulfide in Division 4.2 or Class 8) or quantity for Class 7 materials; or
(ii) Between hazardous materials of different classes which comprise a group of substances that do not react dangerously with each other. The following materials are grouped by compatibility:
(A) Hydrogen peroxide, aqueous solutions
(B) Dichlorosilane, Silicon tetrachloride, and Trichlorosilane.
(5) Whenever hazardous materials are stowed together, whether or not in a cargo transport unit, the segregation of such hazardous materials from others must always be in accordance with the most restrictive requirements for any of the hazardous materials concerned.
(6) When the § 172.101 Table or § 172.402 requires packages to bear a subsidiary hazard label or labels, the segregation appropriate to the subsidiary hazards must be applied when that segregation is more restrictive than that required by the primary hazard. For the purposes of this paragraph, the segregation requirements corresponding to an explosive subsidiary hazard are—except for organic peroxides which are those corresponding to Division 1.3—those for Division 1.4 (explosive) materials.
(7) Where, for the purposes of segregation, terms such as “away from” a particular hazard class are used in the § 172.101 Table, the segregation requirement applies to:
(i) All hazardous materials within the hazard class; and
(ii) All hazardous materials for which a secondary hazard label of that class is required.
(8) Notwithstanding the requirements of paragraphs (a)(6) and (a)(7) of this section, hazardous materials of the same class may be stowed together without regard to segregation required by secondary hazards (subsidiary risk label(s)), provided the substances do not react dangerously with each other and cause:
(i) Combustion and/or evolution of considerable heat;
(ii) Evolution of flammable, toxic or asphyxiant gases;
(iii) The formation of corrosive substances; or
(iv) The formation of unstable substances.
(9) Stowage in a shelter-'tween deck cargo space is not considered to be “on deck” stowage.
(10) Where the code in column (10B) of the § 172.101 Table specifies that “Segregation as for. . .” applies, the segregation requirements applicable to that class in the § 176.83(b) General Segregation Table must be applied. However, for the purposes of paragraph (a)(8) of this section, which permits substances of the same class to be stowed together provided they do not react dangerously with each other, the segregation requirements of the class as represented by the primary hazard class in the § 172.101 Table entry must be applied.
(11) Certain exceptions from segregation for waste cyanides or waste cyanide mixtures or solutions transported with acids; waste Division 4.2 materials transported with Class 8 liquids; and waste Division 6.1 Packing Group I, Hazard Zone A material transported with waste Class 3 material, Class 8 liquids, and Division 4.1, 4.2, 4.3, 5.1 or 5.2 material are set forth in § 173.12(e) of this subchapter.
(b)
(c)
(2) Definition of the segregation terms:
(i) Legend:
(A) Package containing incompatible goods.
(B) Reference package.
(C) Deck resistant to fire and liquid.
Full vertical lines represent transverse bulkheads between compartments or holds resistant to fire and liquid.
(ii)
(iii)
(iv) “
One of the two decks must be resistant to fire and liquid.
(v) “
(d)
(e)
(2) Hazardous materials stowed as breakbulk cargo must be segregated from materials packed in closed cargo transport units in accordance with paragraph (c) of this section, except that:
(i) Where “away from” is required, no segregation between packages and the closed cargo transport units is required; and
(ii) Where “separated from” is required, the segregation between the packages and the closed cargo transport units may be the same as for “away from”.
(f)
(2) For container vessels which have cargo spaces used for breakbulk cargo or any other method of stowage, the appropriate paragraph of this section applies to the relevant cargo space.
(3)
(4) In table § 176.83(f), a
(g)
(2) For trailerships and trainships which have spaces suitable for breakbulk cargo, containers, or any other method of stowage, the appropriate paragraph of this section applies to the relevant cargo space.
(3)
(h)
(2) On barge-carrying vessels which incorporate other stowage spaces or any other method of stowage, barges containing hazardous materials must be segregated from hazardous materials not stowed in barges as prescribed in paragraphs (b) and (j) of this section.
(i)
(j)
(2) “Away from” and “separated from” require no segregation between shipborne barges.
(3) For barge-carrying vessels with vertical holds, “Separated by a complete compartment or hold from” means that separate holds are required. On barge-carrying vessels having horizontal barge levels, separate barge levels are required and the barges may not be in the same vertical line.
(4) “Separated longitudinally by an intervening complete compartment or hold from” means, for barge-carrying vessels with vertical holds, that separation by an intervening hold or engine room is required. On barge-carrying vessels having horizontal barge levels, separate barge levels and a longitudinal separation by at least two intervening barge spaces are required.
(k)
(l)
(2) For container ships that have both hatchless container spaces and other spaces suitable for breakbulk cargo, conventional container stowage, or any other method of stowage, the appropriate requirements of this section apply to the relevant cargo space.
(3)
(4) In Table § 176.83(l)(3), a container space means a distance of not less than 6 m (20 feet) fore and aft or not less than 2.5 m (8 feet) athwartship.
(m)
(2) Not all hazardous materials falling within a segregation group are listed by name in the regulations. These materials are shipped under “n.o.s.” entries. Although these “n.o.s.” entries are not listed themselves in the above groups, the shipper must decide whether allocation under a segregation group is appropriate. Mixtures, solutions or preparations containing hazardous materials falling within a segregation group and shipped under an “n.o.s.” entry are also considered to fall within that segregation group.
(3) The segregation groups described above do not address materials which fall outside the classification criteria of the hazardous materials regulations although it is recognized that some non-hazardous materials have certain chemical properties similar to hazardous materials listed in the segregation groups. A shipper or the person responsible for packing the materials into a cargo transport unit who does have knowledge of the chemical properties of such non-hazardous materials may identify a relevant segregation group and apply the segregation requirements for that segregation group.
For
(a)
(b)
(c)
(2) The following notes in column 10B of the § 172.101 Table apply to the transport of Class 1 (explosive) materials by vessel:
The requirements in this subpart are applicable to transport vehicles containing hazardous materials being transported on board ferry vessels and are in addition to any prescribed elsewhere in this subchapter. Vessels in a service similar to a ferry service, but not over a designated ferry route, may be treated as a ferry vessel for the purpose of this subpart if approved in writing by the District Commander.
(a) A transport vehicle containing hazardous materials may be transported on board a ferry vessel, subject to the following conditions:
(1) The operator or person in charge of the vehicle shall deliver to the vessel's representative a copy of the shipping papers and certificate required by §§ 176.24 and 176.27;
(2) The vehicle shall be placed at the location indicated by the vessel's representative;
(3) The parking brakes of the vehicle shall be set securely to prevent movement;
(4) The motor of a highway vehicle shall be shut off and not restarted until the vessel has completed its voyage and docked;
(5) All vehicle lights shall be cut off and not relighted until the vessel has completed its voyage and docked;
(6) The operator of a highway vehicle shall remain with the vehicle;
(7) No repairs or adjustments must be made to the vehicle while it is on the vessel;
(8) No hazardous materials are to be released from the vehicle; and
(9) Any instructions given by the vessel's representative during the voyage, and during “roll on” and “roll off” operations must be observed.
(b) Smoking by any person in or around a vehicle is prohibited.
A private automobile which is carrying any Class 1 (explosive) material (except permitted fireworks or small arms ammunition) may not be transported on a passenger-carrying ferry vessel unless the Class 1 (explosive) material is in compliance with packaging, labeling, marking, and certification requirements of this subchapter. Permitted fireworks and small arms ammunition may be carried without the required packaging, labeling, marking, or certification if they are in tight containers.
A motorboat may be transported on board a ferry vessel with gasoline in the tank and two other containers not exceeding 23 L (six gallons) capacity each if they are in the motorboat, closed, and in good condition.
Any cylinder of Class 2 (compressed gas) material which is required to have a valve protection cap fitted in place may be transported on board a ferry vessel without having the valve protection cap in place when it is laden in a transport vehicle and is not removed from the vehicle while on the vessel.
(a) A transport vehicle fitted with refrigerating or heating equipment using a flammable liquid or Division 2.1 (flammable gas) material, or diesel oil
(1) The installation is rigidly mounted and free of any motion other than normal vibration in operation;
(2) An easily accessible shutoff control is fitted to the fuel and electrical supply of the refrigerating or heating equipment; and
(3) The fuel storage tank, the fuel lines, the carburetor and any other fuel devices are tight and show no signs of leakage.
(b) If the vehicle operator desires to operate the refrigerating or heating equipment while on the vessel and the equipment is not fitted with automatic starting and stopping devices, it must be started before the vehicle is taken on board. It may continue in operation while the vehicle is on the vessel, but if the motor stops it may not be restarted.
(c) In the case of a ferry vessel on a voyage exceeding 30 minutes' duration, stowage must be provided for transport vehicles having refrigerating or heating equipment operated by internal combustion engines which will permit ready diffusion of exhaust gases to the open air. Passenger vehicles may not be stowed in a position adjacent to vehicles operating internal combustion motors which expose the occupants of the passenger vehicles to excessive concentrations of exhaust fumes from such motors.
(d) A transport vehicle containing solid carbon dioxide as a refrigerant may be transported on a ferry vessel only if it is stowed in a well ventilated location.
The requirements prescribed in this subpart are applicable to the transportation of packaged hazardous materials on board barges. The requirements prescribed elsewhere in this subchapter for vessels similarly apply, except as provided in this subpart, to the transportation of packaged hazardous materials on board barges.
Barges used to transport hazardous materials must be constructed of steel.
Dump scows are barges having cargo carrying compartments of the hopper type and fitted with a bottom dump or a side dump. This type of barge is prohibited from the carriage of any class of hazardous material.
A material for which “on deck” stowage only is required by column (10) of the Hazardous Materials Table (§ 172.101 of this subchapter) may be stowed “under deck” on unmanned barges.
The permits required by §§ 176.100 and 176.415 for loading, unloading, and handling Divisions 1.1 and 1.2 (explosives) materials, Division 1.5 materials, ammonium nitrate and certain ammonium nitrate mixtures and fertilizers must be obtained before these materials may be loaded on, unloaded from, or handled on board a barge or barge-carrying vessel. However, a barge loaded with these materials being placed on, removed from, or handled on board a barge-carrying vessel is not subject to these permit requirements.
Before Divisions 1.1 and 1.2 (explosive) materials may be discharged from, loaded on, handled or restowed on board a vessel at any place in the United States, the carrier must obtain a permit from the COTP in accordance with the procedures in 33 CFR 126.19. Exceptions to this permit requirement may be authorized by the COTP.
(a) Except as provided in paragraph (c) of this section, the COTP may assign a USCG supervisory detail to any vessel to supervise the loading, handling or unloading of Class 1 (explosive) materials.
(b) The owner, agent, charterer, master or person in charge of the vessel, and all persons engaged in the handling, loading, unloading, and stowage of Class 1 (explosive) materials shall obey all orders that are given by the officer in charge of the supervisory detail.
(c) If Class 1 (explosive) materials are loaded onto or unloaded from a vessel at a facility operated or controlled by the Department of Defense, the Commanding Officer of that facility may decline the USCG supervisory detail. Whenever the supervisory detail is declined, the Commanding Officer of the facility shall ensure compliance with the regulations in this part.
(a) Packages of Class 1 (explosive) materials may not be thrown, dropped, rolled, dragged, or slid over each other or over a deck.
(b) When Class 1 (explosive) materials are stowed in a hold below one in which any cargo is being handled, the hatch in the deck dividing the two holds must have all covers securely in place.
(c) Drafts of Class 1 (explosive) materials must be handled in accordance with the following:
(1) A draft may not be raised, lowered, or stopped by sudden application of power or brake.
(2) A draft may not be released by tripping or freeing one side of the cargo-handling equipment and tumbling the Class 1 (explosive) materials off.
(3) All drafts, beams, shackles, bridles, slings, and hoods must be manually freed before the winch takes control.
(4) Slings may not be dragged from under a draft by winching except for the topmost layer in the hold when power removal is the only practical method and when the cargo cannot be toppled.
(5) Handles or brackets on packages in a draft may not be used for slinging purposes.
(d) A combination woven rope and wire sling or a sling that is formed by use of an open hook may not be used in handling Class 1 (explosive) materials.
(e) Only a safety hook or a hook that has been closed by wire may be used in handling drafts of Class 1 (explosive) materials.
(f) Wire rope or wire rope assemblies, including splices and fittings, used in handling Class 1 (explosive) materials must be unpainted and kept bare to permit inspection of their safe working condition. A mechanical end fitting (pressed fitting) may be used in place of an eye splice, if the efficiency of the mechanical end fitting is at least equal to the efficiency of an eye splice prepared as prescribed in 29 CFR 1918.51(c)(1).
(g) Packages of Division 1.1 and 1.2 materials that are not part of a palletized unit must be loaded and unloaded from a vessel using a chute, conveyor or a mechanical hoist and a pallet, skipboard, tray or pie plate fitted with a cargo net or sideboards.
(h) Packages of Division 1.1 and 1.2 (explosive) materials must be loaded or unloaded in accordance with the following:
(1) A cargo net with a pallet, skipboard, tray, or pie plate, must be
(2) A cargo net must completely encompass the bottom and sides of the draft. The mesh of the cargo net must be of a size and strength that will prevent a package in the draft from passing through the net.
(3) When a tray is used in handling packages, no package may extend more than one-third its vertical dimension above the sideboard of the tray.
(i) A landing mat must be used when a draft of nonpalletized Division 1.1 or 1.2 (explosive) materials is deposited on deck. The landing mat must have dimensions of at least l m (3 feet) wide, 2 m (7 feet) long, and 10 cm (3.9 inches) thick, and be made of woven hemp, sisal, or similar fiber, or foam rubber, polyurethane or similar resilient material.
(j) In addition to the other requirements of this section, packages of Division 1.1 and 1.2 (explosive) materials must be handled in accordance with the following:
(1) Packages may not be loaded or unloaded through a hatch at the same time that other cargo is being handled in any hold served by that hatch.
(2) Packages may not be loaded or unloaded from the same hatch by using two pieces of cargo equipment unless the equipment is positioned at the forward and aft ends of the hatch.
(3) Packages may not be lifted over any hazardous materials.
(4) The height of any structure, equipment, or load on a deck over which packages must be lifted may not be higher than the hatch coaming or bulwark, or 1 m (3 feet), whichever is greater.
(k) Unpackaged explosive devices may not be handled by their lifting lugs or suspension lugs.
(l) A chute may not be used when loading or unloading Class 1 (explosive) materials in compatibility group A or B.
(a) During the loading, unloading, handling and stowage of Class 1 (explosive) materials, a responsible person shall be in constant attendance during the entire operation to direct the loading, unloading, handling and stowage of Class 1 (explosive) materials, including the preparation of the holds. The responsible person must be aware of the hazards involved and the steps to be taken in an emergency, and must maintain sufficient contact with the master to ensure proper steps are taken in an emergency.
(b) Each person involved in the handling of Class 1 (explosive) materials on a vessel shall obey the orders of the responsible person.
(c) The responsible person must inspect all cargo-handling equipment to determine that it is in safe operating condition before it is used to handle Class 1 (explosive) materials.
The provisions of §§ 176.116(e), 176,118, and 176.120 of this subpart do not apply to Division 1.4 (explosive) materials, compatibility group S. Such materials may be stowed together with all other Class 1 (explosive) materials except those of compatibility group A or L. They must be segregated from other hazardous materials in accordance with table 176.83(b) of this part.
(a)
(2) Except where the consignment of Class 1 (explosive) materials consists only of explosive
(b)
(2) Bilges and bilge sections must be examined and any residue of previous cargo removed before Class 1 materials (explosive) are loaded onto the vessel.
(c)
(d)
(e)
(2) There must be a permanent A Class steel bulkhead between any accommodation space and any compartment containing Class 1 (explosive) materials. Division 1.1, 1.2, 1.3, or 1.5 materials may not be stowed within 3 m (10 feet) of this bulkhead; in the decks immediately above or below an accommodation space they must be stowed at least 3 m (10 feet) from the line of this bulkhead projected vertically.
(3) There must be a permanent A Class steel bulkhead between a compartment containing Class 1 (explosive) materials and any machinery space. Class 1 (explosive) materials, except those in Division 1.4 (explosive), may not be stowed within 3 m (10 feet) of this bulkhead; and in the decks above or below the machinery space they must be stowed at least 3 m (10 feet) from the line of this bulkhead projected vertically. In addition to this separation, there must be insulation to Class A60 standard as defined in 46 CFR 72.05-10(a)(1) if the machinery space is one of Category ‘A’ unless the only Class 1 (explosive) materials carried are in Division 1.4S (explosive).
(4) Where Class 1 (explosive) materials are stowed away from bulkheads bounding any accommodation space or machinery space, the intervening space may be filled with cargo that is not readily combustible.
(f)
(1) These Class 1 (explosive) materials must not be stowed in the same compartment or hold with other cargo that is readily combustible (such as items packaged in straw).
(2) The position of stowage of these Class 1 (explosive) materials must be such as to maintain direct access to the hatchway by not overstowing with other cargo except for other Class 1 (explosive) materials.
(3) In all cases, all cargo within the compartment or hold, including Class 1 (explosive) materials stowed in cargo transport units, must be secured so as to eliminate the possibility of significant movement. Where an entire deck is used as a magazine, the stowage must be so arranged that the Class 1 (explosive) materials stowed therein must be removed from the ship before working any cargo in any decks above or below the space in the same hold.
(a) Electrical equipment and cables installed in compartments in which Class 1 (explosive) materials are stowed which do not need to be energized during the voyage must be isolated from the supply so that no part of the circuit within the compartment is energized. The method of isolation may be by withdrawal of fuses, opening of
(b) Electrical equipment and cables in a cargo space in which Class 1 (explosive) materials are stowed which are energized during the voyage for the safe operation of the ship must meet the requirements of subchapter J of 46 CFR chapter I. Before Class 1 (explosive) materials are loaded aboard a vessel, all cables must be tested by a skilled person to ensure that they are safe and to determine satisfactory grounding, insulation resistance, and continuity of the cable cores, metal sheathing or armoring.
(c) All Class 1 (explosive) materials must be stowed in a safe position relative to electrical equipment and cables. Additional physical protection must be provided where necessary to minimize possible damage to the electrical equipment or cables, especially during loading and unloading.
(d) Cable joints in the compartments must be enclosed in metal-clad junction boxes.
(e) All lighting equipment and cables must be of the fixed type, and must meet the relevant inspection, test, and installation standards of 46 CFR chapter I, subchapter J.
A lightning conductor grounded to the sea must be provided on any mast or similar structure on a vessel on which Class 1 (explosive) materials are stowed unless effective electrical bonding is provided between the sea and the mast or structure from its extremity and throughout to the main body of the hull structure. (Steel masts in ships of all welded construction comply with this requirement).
(a) The stowage arrangements of Class 1 (explosive) substances and certain articles are subject to varying levels of containment, (except for compatibility group S substances), when stowed below deck. The levels are dependent on the hazard presented and the nature of the particular explosives involved. Columns (10A) and (10B) of the Hazardous Materials Table specify the stowage applicable to each substance or article. The different levels of containment are defined below as “A”, “C” and “Special”.
(b)
(c)
(d)
(a) In addition to protecting the Class 1 (explosive) materials and preventing unauthorized access, magazine stowage type A guards against friction between any spilled contents of packages and the vessel's sides and bulkheads.
(b) Class 1 (explosive) materials requiring magazine stowage type A must be stowed in a magazine which is tightly sheathed with wood on its inner sides and floor.
(c) When utilized as part of the magazine structure, the vessel's sides and bulkheads must be clean, free from rust or scale, and protected by battening or sweatboards spaced not more than 150 mm (6 inches) apart. All stanchions and other unprotected structural members must be similarly clean and battened. The underside of the deck above the magazine must be clean and free of rust and scale, but need not be battened.
(d) The top of the stow within the magazine must be at least 30 cm (12 inches) from the underside of the deck above.
(e) A type A magazine constructed in the square of a cargo space may not be loaded from the top.
(f) When other Class 1 (explosive) materials are stowed with Class 1 (explosive) materials for which magazine stowage type A is required, they or their packagings may have no exposed external parts made of ferrous metal or aluminum alloy.
The construction requirements for magazine stowage type C are the same as for a closed cargo transport unit in § 176.63(e). In addition, the magazine must be located as near as practicable to the centerline of the vessel and must not be closer to the vessel's side than a distance equal to one-eighth of the vessel's beam or 2.4 m (8 feet), whichever is less.
Closed vehicles may be used to transport Class 1 (explosive) materials requiring magazine stowage when carried by vessel if they meet the requirements of the appropriate magazine stowage type. See § 176.168 of this subpart for additional requirements relating to the transport of Class 1 (explosive) materials in vehicles.
(a) Special stowage is required for certain articles presenting both explosive and chemical hazards, such as smoke or lachrymatory (compatibility group G or H), toxic (compatibility group K), or substances and articles which present a special risk (compatibility group L). Except as permitted in paragraph (c) of this section, Class 1 (explosive) materials requiring special stowage must be stowed on deck unless such stowage is impracticable and the COTP authorizes special stowage below deck. Where on deck stowage is recommended and an alternative stowage below deck is permitted by the COTP, the stowage must always be subject to special stowage.
(b) Class 1 (explosive) materials for which special stowage is required must be stowed as far away as practicable from living, accommodation, and working areas, and may not be overstowed. Closed cargo transport units in which such Class 1 (explosive) materials are stowed may not be located closer to the vessel's side than a distance equal to one-eighth of the vessel's beam or 2.4 m (8 feet), whichever is less.
(c) Class 1 (explosive) materials in compatibility groups G and H may be transported in steel magazines or in freight containers. If a freight container is used for this purpose, the floor of the freight container must be leakproof; for example, an all-metal container may be used and a fillet of cement or other material worked across the bottom of the door opening.
(d) Class 1 (explosive) materials stowed in one compartment may not be of more than one compatibility group, except the COTP may allow Class 1 (explosive) materials of compatibility groups G and H in separate steel magazines to be stowed in the same compartment, not less than 3 m (10 feet) apart.
(e) Class 1 (explosive) materials in compatibility groups K and L must be stowed in a steel magazine regardless of the stowage position in the vessel.
(a) Each portable magazine used for the stowage of Class 1 (explosive) materials on board vessels must meet the following requirements:
(1) It must be weather-tight, constructed of wood or metal lined with wood at least 2 cm (0.787 inch) thick, and with a capacity of no more than 3.1 cubic m (110 cubic feet).
(2) All inner surfaces must be smooth and free of any protruding nails, screws or other projections.
(3) If constructed of wood, a portable magazine must be framed of nominal 5 cm × 10 cm (2×4 inch) lumber, and sheathed with nominal 20 mm (0.787 inch) thick boards or plywood.
(4) When constructed of metal, the metal must be not less than 3.2 mm (0.126 inch) thick.
(5) Runners, bearers, or skids must be provided to elevate the magazine at least 10 cm (3.9 inches) from the deck. Padeyes, ring bolts, or other suitable means must be provided for securing.
(6) If the portable magazine has a door or hinged cover, the door or cover must have a strong hasp and padlock or equally effective means of securing.
(7) The portable magazine must be marked on its top and four sides, in letters at least 8 cm (3 inches) high, as follows:
EXPLOSIVES—HANDLE CAREFULLY—KEEP LIGHTS AND FIRE AWAY.
(b) A portable magazine which meets the requirements for a type 2 or type 3 magazine under 27 CFR part 555 subpart K may be used for the stowage of Class 1 (explosive) materials on board vessels.
(c) A portable magazine with a capacity exceeding 3.1 m
(a) [Reserved]
(b) Class 1 (explosive) materials may not be stowed within a horizontal distance of 6 m (20 feet) from any fire, machinery exhaust, galley uptake, locker used for combustible stores, or other potential sources of ignition. They must be clear of walkways and cargo working areas, fire hydrants, steam pipes, and means of access; away from all other facilities necessary for the safe working of the vessel, and not less than a horizontal distance of 8 m (26 feet) from the bridge, accommodation areas, and lifesaving appliances.
(c) Where vessels are fitted with container fastening arrangements, freight containers containing Class 1 (explosive) materials may be overstowed by containers of compatible Class 1 (explosive) materials or non-hazardous cargo. Where vessels are not fitted with container fastening arrangements, freight containers loaded with Class 1 (explosive) materials may be stowed only on the bottom tier of the stowage.
(a) Class 1 (explosive) materials must be segregated from other packaged hazardous materials in accordance with § 176.83.
(b) Class 1 (explosive) materials must be segregated from bulk solid dangerous cargoes in accordance with the IMDG Code (IBR, see § 171.7 of this subchapter). Notwithstanding § 176.83(b), ammonium nitrate and sodium nitrate may be stowed together with blasting explosives, except those containing chlorates, provided the mixed stowage is treated as blasting explosives (see § 176.410(e)).
(a) Except as provided in § 176.145 of this subchapter, stowage of Class 1 (explosive) materials within the same compartment, magazine, or cargo transport unit is subject to provisions contained in table 176.144(a).
(b) Where Class 1 (explosive) materials of different compatibility groups are allowed to be stowed in the same compartment, magazine, or cargo transport unit, the stowage arrangements must conform to the most stringent requirements for the entire load.
(c) Where a mixed load of Class 1 (explosive) materials of different hazard divisions and/or stowage arrangements is carried within a compartment, magazine, or cargo transport unit, the entire load must be treated as belonging to the hazard division having the greatest hazard. (For example, if a load of Division 1.1 (explosive) materials is mixed with Division 1.3 (explosive) materials, the load is treated as a Division 1.1 (explosive) material as defined in § 173.50(b) of this subchapter and the stowage must conform to the most stringent requirements for the entire load).
(d) If some of the Class 1 (explosive) materials in a stowage mixture require magazine stowage, Class 1 (explosive) materials requiring ordinary stowage may be stowed in the same magazine. When the magazine is used for substances requiring Type A stowage, the other Class 1 (explosive) materials stowed therein must have no exposed parts of any ferrous metal or aluminum alloy, unless separated by a partition.
(e) Segregation on deck: When Class 1 (explosive) materials in different compatibility groups are carried on deck, they must be stored not less than 6 m (20 feet) apart unless they are allowed under Table 176.144(a) to be stowed in the same compartment, magazine, or cargo transport unit.
(f) On a barge used to transfer class 1 (explosive) materials from a waterfront facility to a vessel at an explosives anchorage (or from the vessel to the water front facility), if compliance with paragraph (e) of this section is not practicable, a sandbag barrier at least 0.6 m (2 feet) in thickness may be substituted for the 6 m (20 feet) separation.
(a) On board a vessel having a single cargo hold, Class 1 (explosive) materials in hazard division/compatibility group 1.1B and 1.2B may be stowed in the same compartment with substances of compatibility group D, provided:
(1) The net explosive weight of the compatibility group B explosive does not exceed 50 kg (110 pounds); and
(2) The compatibility group B explosive materials are stowed in a steel portable magazine that is stowed at least 6 m (20 feet) from the compatibility group D substances.
(b) Division/compatibility group 1.4B (explosive) materials may be stowed in the same compartment with substances of compatibility group D provided the
(a) Except as required by paragraphs (b) and (c) of this section, Class 1 (explosive) materials need not be segregated from other cargo of a non-dangerous nature.
(b) Mail, baggage, and personal and household effects may not be stowed in the same compartment as, or in compartments immediately above or below, Class 1 (explosive) materials other than those in compatibility group S.
(c) Where Class 1 (explosive) materials are stowed against an intervening bulkhead, any mail on the other side of the bulkhead must be stowed away from it.
(d) In order to avoid contamination:
(1) An explosive substance or article which has a secondary POISON hazard label must be stowed “separated from” all foodstuffs, except when such materials are stowed in separate closed cargo transport units, the requirements for “away from” segregation apply.
(2) An explosive substance or article which has a secondary CORROSIVE hazard label must be stowed “away from” foodstuffs.
Electric lights, except arc lights, are the only form of artificial lighting permitted when loading and unloading Class 1 (explosive) materials.
(a) Except as provided in paragraph (b) of this section, when Class 1 (explosive) materials (other than explosive articles in Division 1.4 [explosive] or any explosive substance) are loaded, unloaded, or handled, the responsible person must ensure that all sources of electromagnetic radiation such as radio and radar transmitters are deenergized by opening the main switches controlling the sources and tagging them to warn that the devices are not to be energized until loading or unloading has ceased.
(b) During the loading or unloading of all explosive articles (except those in Division 1.4 [explosive]), no radio or radar transmitter may be used within 50 m (164 feet) of such articles except for VHF transmitters the power output of which does not exceed 25 watts and of which no part of the antenna system is within 2 m (7 feet) of the Class 1 (explosive) materials.
(c) Explosive articles which are sensitive to electromagnetic radiation from external sources must be stowed at a safe distance from the vessel's radio cabin, receiving and transmitting apparatus radio antenna or lead-in, and radar installation, with due regard to the character of the vessel and the degree of screening-off of the explosive articles.
(a) Class 1 (explosive) materials, except those in compatibility group S, may not be loaded or unloaded when fueling (bunkering) is in progress except with the prior authorization of the COTP, and under conditions prescribed by that officer.
(b) Vessels containing Class 1 (explosive) materials may not be fueled (bunkered) with the hatches open unless authorized by the COTP.
(a) No leaking, broken, or otherwise defective package containing Class 1 (explosive) materials, including packages which have been adversely affected by moisture, may be accepted for shipment. The master or person in charge of a vessel on which there is a defective package containing Class 1 (explosive) materials must seek advice from the shipper concerning withdrawal, repair, or replacement. No repair of damaged or defective package
(b) No Class 1 (explosive) material, which for any reason has deteriorated or undergone a change of condition that increases the hazard attendant upon its conveyance or handling, may be moved in the port area, except as directed by the COTP.
(c) If any package of Class 1 (explosive) materials, or seal of a package of Class 1 (explosive) materials, appears to be damaged, that package must be set aside for examination and repair or otherwise legally disposed of as directed by the shipper.
(d) If any Class 1 (explosive) materials are spilled or released from a package, the responsible person must ensure that an appropriate emergency response is undertaken in accordance with the emergency response information required under § 172.602 of this subchapter. The master of the vessel must report each incident involving spillage or release of Class 1 (explosive) materials to the COTP as soon as practicable.
Any person loading or unloading packages containing Class 1 (explosive) materials shall take adequate measures to prevent these packages from becoming wet.
A responsible person must be present at all times when the hatches of spaces containing Class 1 (explosive) materials are open. No unauthorized person may be permitted to access spaces in which Class 1 (explosive) materials are stowed. Magazines must be secured against unauthorized entry when loading has been completed, or when loading or unloading is stopped. Packages containing Class 1 (explosive) materials may not be opened on board ship.
(a) Matches, lighters, fire, and other ignition sources are prohibited on and near any vessel on which Class 1 (explosive) materials are being loaded, unloaded, or handled except in places designated by the master or the COTP.
(b) A fire hose of sufficient length to reach every part of the loading area with an effective stream of water must be laid and connected to the water main, ready for immediate use.
(c) No repair work may be carried out in a cargo space containing Class 1 (explosive) materials other than those of Division 1.4 (explosive). No welding, burning, cutting, or riveting operations involving the use of fire, flame, spark, or arc-producing equipment may be conducted on board except in an emergency; and, if in port, with the consent of the COTP.
(d) Each compartment, including a closed vehicle deck space, which contains Class 1 (explosive) materials must be provided with a fixed fire extinguishing system. Each adjacent cargo compartment either must be protected by a fixed fire extinguishing installation or must be accessible for firefighting operations.
(e) A vessel must have two sets of breathing apparatus and a power-operated fire pump, which, together with its source of power and sea connections, must be located outside the machinery space.
(a) Only the following Class 1 (explosive) materials may be transported as cargo on passenger vessels:
(1) Division 1.4 (explosive) materials, compatibility group S.
(2) Explosive articles designed for lifesaving purposes as identified in § 176.142(b)(2), if the total net explosive mass (weight) does not exceed 50 kg (110 pounds).
(3) Class 1 (explosive) materials in compatibility groups C, D, and E, if the total net explosive mass (weight) does not exceed 10 kg (22 pounds) per vessel.
(4) Articles in compatibility group G other than those requiring special stowage, if the total net explosive mass (weight) does not exceed 10 kg (22 pounds) per vessel.
(5) Articles in compatibility group B, if the total net explosive mass (weight) does not exceed 5 kg (11 pounds).
(b) Class 1 (explosive) materials which may be carried on passenger vessels are identified in column (10) of the § 172.101 table. They must be stowed in accordance with table 176.166(b).
(c) Notwithstanding the provisions of paragraph (a) of this section, a combination of the substances and articles listed in paragraphs (a)(1) through (a)(5) of this section may be transported on the same passenger vessel provided the total net explosive mass (weight) of the combination of Class 1 (explosive) materials carried does not exceed the smallest quantity specified for any one of the substances or articles in the combination.
(a) All transport vehicles and cargo must be properly secured.
(b) All transport vehicles used for the carriage of Class 1 (explosive) materials must be structurally serviceable as defined in § 176.172(a)(2).
(c) Vehicles used to transport Class 1 (explosive) materials must conform to the requirements in §§ 177.834 and 177.835 of this subchapter.
(d) Class 1 (explosive) materials which require special stowage must be transported in transport vehicles approved for the purpose by the Associate Administrator except that Class 1 (explosive) materials in compatibility group G or H may be carried in steel portable magazines or freight containers. Closed transport vehicles may be used as magazines; transport vehicles of other types may be used to transport Class 1 (explosive) materials which require ordinary stowage.
(e) Class 1 (explosive) materials of different compatibility groups may not be stowed in the same vehicle except as allowed in § 176.144 of this subpart.
(f) Vehicles containing different Class 1 (explosive) materials require no segregation from each other, except that these materials may be carried together under the provisions of § 176.144 of this subchapter. In all other instances, the vehicles must be “separated from” one another.
(g) All transport vehicles used for the transport of Class 1 (explosive) materials must have lashing arrangements for securing the vehicle on the ship and preventing the moving of the vehicle on its springs during the sea passage.
(h) Where a portable magazine or closed freight container is carried on a chassis, twist locks or other suitable securing arrangements must be provided and made secure.
(a) When Class 1 (explosive) materials are stowed in a freight container, the freight container, for the purposes of this subpart, may be regarded as a magazine but not as a separate compartment.
(b) Freight containers loaded with Class 1 (explosive) materials, except for explosives in Division 1.4, must not be stowed in the outermost row of containers.
(c) Freight containers used to transport Class 1 (explosive) materials for which magazine stowage type A is required must have a floor consisting of tightly fitted wooden boards, plywood or equivalent non-metallic material, and a non-metallic lining.
(d) Class 1 (explosive) materials of different compatibility groups may not be stowed within the same freight container except as allowed in § 176.144 of this subpart.
(e) On vessels, other than specially fitted container ships, freight containers containing Class 1 (explosive) materials must be stowed only in the lowest tier.
(f) Freight containers carrying different Class 1 (explosive) materials require no segregation from each other, if the provisions of § 176.144 of this subpart allow the Class 1 (explosive) materials to be carried together in the same compartment. In all other instances, the containers must be “separated from” one another in accordance with § 176.83(f) of this part.
(g) Freight containers carrying Class 1 (explosive) materials may not be handled on board a vessel with fork lift trucks unless approved by the COTP. This does not preclude the use of front-loading trucks using side-frame lifting equipment.
(a) Except for Division 1.4 materials, a freight container may not be offered for the carriage of Class 1 (explosive) materials, unless the container is structurally serviceable as evidenced by a current CSC (International Convention for Safe Containers) approval plate and verified by a detailed visual examination as follows:
(1) Before a freight container or transport vehicle is packed with Class 1 (explosive) materials, it must be visually examined by the shipper to ensure it is structurally serviceable, free of any residue of previous cargo, and its interior walls and floors are free from protrusions.
(2)
(i) Dents or bends in the structural members greater than 19 mm (0.75 inch) in depth, regardless of length;
(ii) Cracks or breaks in structural members;
(iii) More than one splice or an improper splice (such as a lapped splice) in top or bottom end rails or door headers;
(iv) More than two splices in any one top or bottom side rail;
(v) Any splice in a door sill or corner post;
(vi) Door hinges and hardware that are seized, twisted, broken, missing, or otherwise inoperative;
(vii) Gaskets and seals that do not seal; or
(viii) For freight containers, any distortion of the overall configuration great enough to prevent proper alignment of handling equipment, mounting and securing chassis or vehicle, or insertion into ships' cells.
(3) In addition, deterioration of any component of the freight container or vehicle, regardless of the material of construction, such as rusted-out metal in sidewalls or disintegrated fiberglass, is prohibited. Normal wear, however, including oxidation (rust), slight dents and scratches, and other damage that does not affect serviceability or the weather-tight integrity of the units, is not prohibited.
(b) As used in paragraph (a) of this section,
(c) All shipments of Class 1 (explosive) materials except those in Division 1.4 (explosive) must be accompanied by a statement, which may appear on the shipping paper, certifying that the freight container or the vehicle is structurally serviceable as defined in paragraph (a)(2) of this section.
(a) Fixed magazines may be built within a shipboard barge. Freight containers may be used as magazines within a barge.
(b) Shipborne barges may be used for the carriage of all types of Class 1 (explosive) materials. When carrying Class 1 (explosive) materials requiring special stowage, the following requirements apply:
(1) Class 1 (explosive) materials in compatibility group G or H must be stowed in freight containers.
(2) Class 1 (explosive) materials in compatibility group K or L must be stowed in steel magazines.
(c) Class 1 (explosive) materials of different compatibility groups may not be stowed within the same shipborne barge unless under § 176.144(b) of this subpart they are authorized to be stowed in the same compartment.
When Class 1 (explosive) materials are being loaded, handled, or unloaded on a vessel, the vessel must exhibit the following signals:
(a) By day, flag “B” (Bravo) of the international code of signals; and
(b) By night, an all-round fixed red light.
(a) All lines used in mooring the vessel must be of sufficient strength, type, and number for the size of the vessel and local conditions.
(b) While the vessel is moored or anchored in a port area, towing wires of adequate size and length must be properly secured to mooring bits at the bow and stern ready for immediate use with the towing eyes passed outboard and kept at about water level.
(c) The mooring arrangements must be such that the vessel can be released quickly in an emergency.
Whenever Class 1 (explosive) materials are on board a vessel in port, there must be sufficient crew on board to maintain a proper watch and to operate the propulsion and firefighting equipment in case of an emergency.
(a)
(b)
(c)
(d)
(2) The protective equipment must provide adequate protection against the hazards specific to the Class 1 (explosive) materials handled.
(e)
(f)
(2) Conspicuous notices prohibiting smoking must be posted and clearly visible at all locations where Class 1 (explosive) materials are handled or stored.
(g) All hatches and cargo ports opening into a compartment in which Class 1 (explosive) materials are stowed must be kept closed except during loading and unloading of the compartment. After loading, hatches must be securely closed.
Class 1 (explosive) materials in compatibility group L may not be handled in a port area without the special permission of, and subject to any special precautions required by, the COTP.
When loading of Class 1 (explosive) materials is completed, the vessel must depart from the port area as soon as is reasonably practicable.
(a) Except in an emergency, only cargo handling equipment that has been specifically designed or modified for the handling of freight containers may be used to load, unload, or handle freight containers containing Division 1.1 or 1.2 (explosive) materials.
(b) The gross weight of a freight container containing Class 1 (explosive) materials may not exceed the safe working load of the cargo handling equipment by which it is handled.
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
(i)
(j)
(k)
(l)
(m)
(n)
(o)
(p)
(q)
(r)
(s)
(a) Each package of Class 2 (compressed gas) material being transported by vessel must be prevented from making direct contact with the vessel's deck, side, or bulwark by dunnage, shoring, or other effective means.
(b) When cylinders of Class 2 (compressed gas) materials being transported by vessel are stowed in a horizontal position, each tier must be stowed in the cantlines of the tier below it, and the valves on cylinders in adjacent tiers must be at alternate ends of the stow. Each tier may be stepped back and the ends alternated in order to clear the flange. Lashing must be provided to prevent any shifting.
(c) When cylinders of Class 2 (compressed gas) materials being transported by vessel are stowed in a vertical position they must be stowed upright in a block and cribbed or boxed in with suitable dunnage. The box or crib must be dunnaged at least 10 cm (3.9 inches) off any metal deck. The cylinders in the box or crib must be braced to prevent any shifting. The box or crib must be securely chocked and lashed to prevent any shifting.
(d) Any package containing Division 2.3 (poison gas) materials must be stowed separate from all foodstuffs.
(e) Class 2 (compressed gas) materials may not be stowed “on deck” over a hold or compartment containing coal.
(f) Class 2 (compressed gas) material must be kept as cool as practicable and be stowed away from all sources of heat and ignition. Any package containing a Division 2.1 (flammable gas) material is restricted from transport in powered refrigerated temperature controlled containers, unless the equipment is capable of preventing ignition of flammable vapors by having non-sparking or explosion-proof electric fittings within the cooling compartment.
(a) When a Class 2 (compressed gas) material is stowed below deck, it must be stowed in a mechanically ventilated cargo space with no source of artificial heat and clear of living quarters. No bulkhead or deck of that hold or compartment may be a common boundary with any boiler room, engine room, coal bunker, galley or boiler room uptake.
(b) When Division 2.1 (flammable gas) materials are stowed below deck, they must be stowed in a hold or compartment which complies with paragraph (a) of this section and the following requirements:
(1) Each hold or compartment must be ventilated.
(2) Each hold or compartment must be equipped with an overhead water sprinkler system or fixed fire extinguishing system.
(3) Each electrical power line in the hold or compartment must be protected by a strong metal covering to prevent crushing by cargo being stowed against it.
(4) Except when fitted with electrical fixtures of the explosion-proof type, each electrical circuit serving the hold or compartment must be disconnected from all sources of power. No circuit may be energized until the Division 2.1 (flammable gas) cargo and any vapors have been removed from the hold or compartment. Explosion-proof portable lighting may be used if the source of power is from electrical outlets outside the hold or compartment and above the weather deck.
(5) Any opening in a common bulkhead of an adjacent hold or compartment must be securely closed off and made gas-tight, unless the adjacent hold or compartment is also used for the stowage of Division 2.1 (flammable gas) materials.
(6) Full and efficient hatch covers must be used. Tarpaulins, if fitted, must be protected by dunnaging before overstowing with any cargo. Each tarpaulin must be in one piece and free of rents, tears, and holes.
(7) A fire screen must be fitted at the weather end of each vent duct leading from the hold or compartment. The fire screen must completely cover the open area. It must consist of two layers of corrosion-resistant metal wire of 20×20 mesh or finer, spaced not less than 1 cm (0.4 inch) or more than 4 cm (1.6
(8) The hold or compartment may not be fitted with any gooseneck type vent trunk head.
(9) Any electrical apparatus located in the hold or compartment must be capable of being disconnected from its power source by a positive means located outside the hold or compartment.
Cylinders of Class 2 (compressed gas) materials being transported by vessel must be protected from radiant heat, including the direct rays of the sun, by structural erections or awnings. A tarpaulin covering the cylinders is not acceptable if it comes in contact with them.
(a) Smoking or the use of open flame is prohibited in any hold or compartment containing a Division 2.1 (flammable gas) material, near any Division 2.1 (flammable gas) material stowed on deck, or near any ventilator leading to a hold containing this material.
(b) A sign carrying the legend:
Chlorine (UN 1017) must be stowed separate from copper or brass leaf sheets and from finely divided organic material.
Division 2.1 (flammable gas) materials transported in Specification 106A or 110A multi-unit car tanks must be stowed on deck only, and must be shaded from radiant heat.
(a) A Class 3 (flammable) or combustible liquid must be kept as cool as reasonably practicable and be stowed away from all sources of heat and ignition.
(b) Except as otherwise provided in § 176.76(g), a package containing a Class 3 (flammable) liquid and equipped with a vent or safety relief device must be stowed “on deck” only.
(c) The following requirements apply to each hold or compartment in which any Class 3 (flammable) or combustible liquids are being transported:
(1) The hold or compartment must be ventilated except that the stowage of non-bulk packages of Class 3 (flammable) liquids with a flash point above 23 °C (73 °F) (see 49 CFR 171.8 definitions) may be in non-ventilated holds.
(2) Stowage of a Class 3 (flammable) or combustible liquid within 6 m (20 feet) of a bulkhead which forms a boundary or deck of a boiler room, engine room, coal bunker, galley, or boiler room uptake is not permitted. If the amount of the liquid to be stowed in a hold will not permit compliance with the requirement for a 6 m (20 foot) separation, less separation distance is authorized if at least one of the following conditions exists:
(i) The bulkhead or deck is covered with at least 8 cm (3 inches) of insulation on the entire area subject to heat;
(ii) A temporary wooden bulkhead at least 5 cm (2 inches) thick is constructed in the hold at least 8 cm (3 inches) off an engine room or 15 cm (5.9 inches) off a boiler room bulkhead, covering the entire area of the bulkhead
(iii) A temporary wooden bulkhead is constructed of at least 2.5 cm (1 inch) thick tongue and groove sheathing, located 1 m (3 feet) from the boiler room or engine room bulkhead, and filled with sand to a height of 2 m (7 feet) above the tank top, or, if the cargo compartment is located between decks, 1 m (3 feet) of sand.
(3) Combustible liquids may not be stowed in a hold within 6 m (20 feet) of a common bulkhead with the engine room unless the means of vessel propulsion is internal combustion engines.
(4) Each cargo opening in a bulkhead of an adjacent hold must be securely closed off and made gas-tight, unless the adjacent hold is also used for the stowage of a Class 3 (flammable) or combustible liquid.
(d) In addition to the requirements specified in paragraph (b) of this section, the following requirements apply to each hold or compartment in which a Class 3 (flammable) liquid is transported:
(1) Full and effective hatch covers must be used. Tarpaulins, if fitted, must be protected by dunnaging before overstowing with any cargo. Each tarpaulin must be in one piece and free of rents, tears, and holes;
(2) If Class 3 (flammable) liquids in excess of 1016 kg (2240 pounds) are stowed under deck in any one hold or compartment, a fire screen must be fitted at the weather end of each vent duct leading from that hold or compartment. The fire screen must completely cover the open area. It must consist of two layers of corrosion-resistant metal wire of 20×20 mesh or finer, spaced not less than 1 cm (0.4 inch) or more than 4 cm (1.6 inches) apart. The screen may be removable only if means for securing it in place when in service are provided;
(3) Each electrical power line in the hold or compartment must be protected by a strong metal covering to prevent crushing by cargo being stowed against it;
(4) Except when fitted with explosion-proof type electrical fixtures, each electrical circuit serving the hold or compartment must be disconnected from all sources of power from a point outside the hold or compartment containing flammable liquids. No circuit may be energized until the flammable liquids and any vapors have been removed from the hold or compartment. Explosion-proof type portable lighting may be used if the source of power is from electrical outlets outside the hold or compartment and above the weather deck; and
(5) A Class 3 (flammable) liquid in excess of 1016 kg (2240 pounds) may not be transported in any hold or compartment that is fitted with a gooseneck type of vent head.
(e) On a passenger vessel, each hold or compartment used to transport a Class 3 (flammable) liquid must be equipped with an overhead water sprinkler system or fixed fire-extinguishing system.
(f) On a passenger vessel, each hold or compartment used to transport Class 3 (flammable) liquids under a passenger space must have an overdeck of an A-60 type construction (see 46 CFR 72.05-10(c)(1)) or equivalent or have its underside covered with at least 8 cm (3 inches) of noncombustible insulation.
(g) No Class 3 (flammable) liquid in a drum or wooden case, having inside packagings of more than 1 L (0.3 gallon) capacity each, may be stowed as a beam filler. A wooden barrel, a wooden box or a fiberboard box, with any Class 3 (flammable) liquid material in inside packagings of not more than 1 L (0.3 gallon) capacity each, may only be stowed as a beam filler if it is possible to stow and observe any “THIS SIDE UP” marking.
(a) For each 79,500 L (21,000 U.S. gallons) or part thereof of any Class 3 (flammable) or combustible liquid being transported on board a vessel in a portable tank, rail tank car, or a motor vehicle cargo tank, there must be provided at least one B-V semiportable foam (152 L/40 gallon capacity) (see 46 CFR 95.50), dry chemical
(b) The fire hose at each fire hydrant in the vicinity of Class 3 (flammable) and combustible liquids stowage areas must be fitted with an approved combination solid stream and water spray nozzle.
(c) The pressure must be maintained in the vessel's fire mains during the loading and unloading of any Class 3 (flammable) or combustible liquids.
(d) Two 7 kg (15-pound) capacity hand portable dry chemical or two portable 10 L (2.6 gallons) foam-type extinguishers must be accessible to any packaged Class 3 (flammable) or combustible liquid and suitable for use with the lading.
(e) The requirements of this section do not apply to portable tanks and their contents authorized under 46 CFR part 98 or 46 CFR part 64.
Each hand flashlight used on deck near or in any hold or compartment containing a Class 3 (flammable) liquid, must be suitable for use in hazardous locations where fire or explosion hazards may exist.
(a) Smoking or the use of open flame is prohibited in any hold or compartment containing a Class 3 (flammable) or combustible liquid, near any Class 3 (flammable) or combustible liquid stowed on deck, or near any ventilator leading to a hold containing such material.
(b) A sign carrying the legend:
Combustible liquids, having a flash point of 38 °C (100 °F) or higher, may be transported by vessel only in one of the portable tanks as specified below:
(a) Specification portable tanks authorized in § 173.241 of this subchapter.
(b) In nonspecification portable tanks, subject to the following conditions:
(1) Each portable tank must conform to a DOT specification 57 portable tank, except as otherwise provided in this paragraph;
(2) The rated capacity of the tank may not exceed 4,542 L (1,200 gallons), and the rated gross weight may not exceed 13,608 kg (30,000 pounds);
(3) The vibration test need not be performed;
(4) When the total surface area of the tank exceeds 14.9 square meters (160 square feet), the total emergency venting capacity must be determined in accordance with table I in § 178.345-10 of this subchapter;
(5) ln place of a specification identification marking, the tank must be marked, on two sides in letters at least 5 cm (2 inches) high on contrasting background: “FOR COMBUSTIBLE LIQUIDS ONLY” and “49 CFR 176.340”. This latter marking constitutes certification by the person offering the combustible liquid materials for transportation that the portable tank conforms to this paragraph;
(6) Each tank must be made of steel;
(7) The design pressure of the tank must be not less than 62 kPa (9 psig);
(8) No pressure relief device may open at less than 34.4 kPa (5 psig);
(9) Each tank must be retested and marked at least once every 2 years in accordance with the requirements applicable to a DOT specification 57 portable tank in § 180.605 of this subchapter; and
(10) Each tank must conform to the provisions of § 173.24 of this subchapter and § 180.605(b) and (j) of this subchapter.
(c) Portable tanks approved by the Commandant (G-MSO), USCG.
(a) Class 4 (flammable solid) material and Division 5.2 (organic peroxide) material must be kept as cool as reasonably practicable and be stowed away from all sources of heat and ignition.
(b) Division 5.2 (organic peroxide) material must be stowed away from living quarters or access to them. Division 5.2 (organic peroxide) material not requiring temperature control should be protected from radiant heat, which includes direct rays of the sun, and stowed in a cool, well-ventilated area.
(c) No Division 1.5 or Class 5 (oxidizers and organic peroxides) material being transported by vessel may be stowed in the same hold or compartment with any readily combustible material such as a combustible liquid, a textile product, or with a finely divided substance, such as an organic powder.
(d) No Division 1.5 or Class 5 (oxidizers and organic peroxides) material being transported by vessel may be stowed in a hold or compartment containing sulfur in bulk, or in any hold or compartment above, below, or adjacent to one containing sulfur in bulk.
(a) Before stowing charcoal Division 4.2 (flammable solid), UN 1361, NA 1361, or UN 1362 on a vessel for transportation, the hold or compartment in which it is to be stowed must be swept as clean as practicable. All residue of any former cargo, including especially a petroleum product, a vegetable or animal oil, nitrate, or sulfur, must be removed.
(b) Charcoal packed in bags and offered for transportation on board a vessel in a quantity over 1016 kg (2240 pounds) must be loaded so that the bags are laid horizontally and stacked with space for efficient air circulation. If the bags are not compactly filled and closed to avoid free space within, vertical and horizontal dunnage strips must be laid between the bags. Space for ventilating must be maintained near bulkheads, the shell of the vessel, the deck, and the overhead. No more than 40,600 kg (89,508 pounds) of charcoal may be stowed in a hold or compartment when other stowage space is available. If the unavailability of hold or compartment space requires the stowage of a larger amount, the arrangement of the stow for ventilation must be adjusted to ensure a sufficient venting effect.
(c) Any loose material from bags broken during loading must be removed. Broken bags may be repacked or have the closures repaired and the repaired bags restowed.
(d) Charcoal “screenings” packed in bags must be stowed to provide spaces for air circulation between tiers regardless of the quantity stowed.
(a) This section prescribes requirements to be observed with respect to transportation of each of the following hazardous materials by vessel:
(1) Explosives, blasting, type E, and Explosives, blasting, type B, Division 1.5 compatibility group D, UN 0331 and UN 0332.
(2) Ammonium nitrate, Division 5.1 (oxidizer), UN1942.
(3) Ammonium nitrate fertilizer, Division 5.1 (oxidizer), UN 2067.
(b) This section does not apply to Ammonium nitrate fertilizer, Class 9, UN 2071 or to any non-acidic ammonium nitrate mixed fertilizer containing 13 percent or less ammonium nitrate, less than 5 percent organic material, and no other oxidizing material, and which does not meet the criteria for any other hazard set forth in part 173 of this subchapter.
(c) When Division 1.5 compatibility group D materials, ammonium nitrate, or any of the ammonium nitrate fertilizers listed in paragraph (a) of this section are transported by vessel:
(1) They must be stowed well away from any steam pipe, electric circuit, or other source of heat;
(2) Smoking is prohibited except in designated areas away from the material and “No-Smoking” signs must be posted in accordance with § 176.60;
(3) Fire hoses must be connected, laid out, and tested before loading or unloading commences; and
(4) A fire watch must be posted in the hold or compartment where the material is being loaded or unloaded.
(d) When any of the hazardous materials listed in paragraph (a) of this section is transported in bags by vessel:
(1) The requirements specified in paragraph (c) of this section must be complied with;
(2) The temperature of the bagged material may not exceed 54 °C (130 °F);
(3) Minimum dunnage and sweatboards must be used to prevent any friction or abrasion of bags, and to allow for the circulation of air and access of water in the event of fire;
(4) The bags must be stowed from side to side, out to the sweatboards;
(5) A space of 46 cm (18 inches) must be provided between any transverse bulkhead and the bags;
(6) The bags must be stowed so as to provide a 46 cm (18 inch) athwartship trench along the centerline of the compartment, continuous from top to bottom;
(7) The bags must be stowed so as to provide a 46 cm (18 inch) amidship trench running fore and aft from bulkhead to bulkhead;
(8) The bags may not be stowed less than 46 cm (18 inches) from any overhead deck beam;
(9) The bags must be stowed so as to provide vent flues 36 cm (14 inches) square at each corner of the hatch continuous from top to bottom;
(10) Trenching must be accomplished by alternating the direction of the bags in each tier (bulkheading); and
(11) The bags must be blocked and braced as necessary to prevent shifting of the bagged cargo adjacent to any trench area.
(e) Notwithstanding § 176.83(b) of this part, ammonium nitrate and ammonium nitrate fertilizers classed as Division 5.1 (oxidizers) materials, may be stowed in the same hold, compartment, magazine, or freight container with Class 1 materials (explosive), except those containing chlorates, in accordance with the segregation and separation requirements of § 176.144 of this part applying to Explosives, blasting, type B, and Explosives, blasting, type E, Division 1.5 compatibility group D.
(f) No mixture containing ammonium nitrate and any ingredient which would accelerate the decomposition of ammonium nitrate under conditions incident to transportation may be transported by vessel.
(a) Except as provided in paragraph (b) of this section, before any of the following material is loaded on or unloaded from a vessel at any waterfront facility, the owner/operator must obtain written permission from the Captain of the Port (COTP).
(1) Ammonium nitrate UN1942, ammonium nitrate fertilizers containing more than 70% ammonium nitrate, or Division 1.5 compatibility group D materials packaged in a paper bag, burlap bag, or other nonrigid combustible packaging, or any rigid packaging with combustible inside packagings,
(2) Any other ammonium nitrate or ammonium nitrate fertilizer not listed in § 176.410(a) or (b).
(b) Any of the following may be loaded on or unloaded from a vessel at any waterfront facility without a permit:
(1) Ammonium nitrate, Division 5.1 (oxidizer) UN1942, in a rigid packaging with a noncombustible inside packaging.
(2) Ammonium nitrate fertilizer, Division 5.1 (oxidizer) UN 2067, if the nearest COTP is notified at least 24 hours in advance of any loading or unloading in excess of 454 kg (1,000 pounds).
(3) Division 1.5 compatibility group D material in a rigid packaging with non-combustible inside packaging.
(4) Ammonium nitrate fertilizer, Class 9, UN 2071.
(c) Before a permit may be issued, the following requirements must be met in addition to any others the COTP may impose:
(1) If the material is Explosives, blasting, type E, Division 1.5 compatibility group D, UN0332 in a combustible packaging or in a rigid packaging with a combustible inside packaging, it must be loaded or unloaded at a facility remote from populous areas, or high-value or high-hazard industrial facilities, so that in the event of fire or explosion, loss of lives and property may be minimized;
(2) If the material is a Division 1.5 compatibility group D material in a non-rigid combustible packaging and loaded in a freight container or transport vehicle, it may be loaded or unloaded at a non-isolated facility if the facility is approved by the COTP;
(3) Each facility at which the material is to be loaded or unloaded must conform with the requirements of the port security and local regulations and must have an abundance of water readily available for fire fighting and
(4) Each facility at which the material is to be loaded or unloaded must be located so that each vessel to be loaded or unloaded has an unrestricted passage to open water. Each vessel must be moored bow to seaward, and must be maintained in a mobile status during loading, unloading, or handling operations by the presence of tugs or the readiness of engines. Each vessel must have two wire towing hawsers, each having an eye splice, lowered to the water's edge, one at the bow and the other at the stern.
(a) Each package required to have a POISON GAS, POISON INHALATION HAZARD, or POISON label, being transported on a vessel, must be stowed clear of living quarters and any ventilation ducts serving living quarters and separated from foodstuffs, except when the hazardous materials and the foodstuffs are in different closed cargo transport units.
(b) Each package required to have both a POISON GAS label and a FLAMMABLE GAS label thereon must be segregated as a Division 2.1 (flammable gas) material.
(c) Each package bearing a POISON label displaying the text “PG III” or bearing a “PG III” mark adjacent to the poison label must be stowed away from foodstuffs.
(d) Each package of Division 2.3 (poisonous gas) material or Division 6.1 (poison) material which also bears a FLAMMABLE LIQUID or FLAMMABLE GAS label must be stowed in a mechanically ventilated space, kept as cool as reasonably practicable, and be stowed away from all sources of heat and ignition.
A hold or compartment containing a package of a Division 2.3 (poisonous gas) or Division 6.1 (poisonous) material which has leaked or sifted must be thoroughly cleaned and decontaminated after the cargo is unloaded and before the hold or compartment is used for the stowage of any other cargo.
(a) [Reserved]
(b) A package of radioactive materials which in still air has a surface temperature more than 5 °C (9 °F) above the ambient air may not be overstowed with any other cargo. If the package is stowed under deck, the hold or compartment in which it is stowed must be ventilated.
(c) For a shipment of radioactive materials requiring supplemental operational procedures, the shipper must furnish the master or person in charge of the vessel a copy of the necessary operational instructions.
(d) A person may not remain unnecessarily in a hold, or compartment, or in the immediate vicinity of any package on deck, containing radioactive materials.
(a) The sum of the transport indices (TI's) for all packages of Class 7 (radioactive) materials on board a vessel may not exceed the limits specified in Table IIIA of this section.
(b) For freight containers containing packages and overpacks of Class 7 (radioactive) materials, the radiation level may not exceed 2 mSv per hour (200 mrem per hour) at any point on the outside surface and 0.1 mSv per hour (10 mrem per hour) at 2 m (6.6 ft) from the outside surface of the freight container.
(c) The limitations specified in Table IIIA of this section do not apply to consignments of LSA-I material.
(d) The sum of the criticality safety indices (CSI's) for all packages and overpacks of fissile Class 7 (radioactive) materials on board a vessel may not exceed the limits specified in Table IIIB of this section.
(e) Each group of fissile Class 7 (radioactive) material packages and overpacks, containing a sum of CSIs no greater than 50 for a non-exclusive use shipment, or no greater than 100 for an exclusive use shipment, must be separated from all other groups containing fissile material packages and overpacks by a distance of at least 6 m (20 ft) at all times.
(f) The limitations specified in paragraphs (a) through (c) of this section do not apply when the entire vessel is reserved or chartered for use by a single offeror under exclusive use conditions if—
(1) The number of packages of fissile Class 7 (radioactive) material satisfies the individual package CSI limits of § 173.457 of this subchapter, except that the total sums of CSI's in the last column of Table IIIB of this section, including table note (d) apply;
(2) A radiation protection program for the shipment has been established and approved by the competent authority of the flag state of the vessel and, when requested, by the competent authority at each port of call;
(3) Stowage arrangements have been predetermined for the whole voyage, including any consignments to be loaded at ports of call;
(4) The loading, transport and unloading are to be supervised by persons qualified in the transport of radioactive material; and
(5) The entire shipment operation is approved by the Associate Administrator in advance.
(g) Table IIIA is as follows:
(h) Table IIIB is as follows:
(a) Table IV lists minimum separation distances between radioactive materials and spaces regularly occupied by crew members or passengers, or between radioactive materials and undeveloped photographic film. It expresses the separation distances as a function of the sum of the TIs of all packages in a single consignment, in the case of 0 or 3 feet of intervening cargo of unit density for persons, and 0, 3, or 6 feet of intervening cargo of unit density for undeveloped film. Cargo of unit density is stowed cargo with a density of 1 long ton (2240 lbs.) per 36 cubic feet. Separation distances may be interpolated from the table where appropriate.
(b) Table IV is to be used to determine the separation distance for undeveloped film.
(c) Category YELLOW-II or YELLOW-III packages or overpacks must not be transported in spaces occupied by passengers, except those exclusively reserved for couriers specially authorized to accompany such packages or overpacks.
(d) The separation distances for crew members and passengers may be determined by one of two methods:
(1) By using Table IV to determine the minimum distances between the radioactive material packages and regularly occupied spaces or living quarters; or
(2) For one or more consignments of Class 7 (radioactive) material to be loaded on board a vessel under the exclusive use conditions described in § 176.704(f), by demonstration through direct measurement, made and documented by a suitably qualified person, that for the indicated exposure times the dose rate in regularly occupied spaces or living quarters is less than—
(i) For the crew: 7.0 µSv/h (0.70 mrem/h) up to 700 hours in a year, or 1.8 µSv/h (0.18 mrem/h) up to 2750 hours in a year; and
(ii) For the passengers: 1.8 µSv/h (0.18 mrem/h) up to 550 hours in a year, taking into account any relocation of cargo during the voyage.
(e) Any departure from the segregation provisions should be approved by the competent authority of the flag state of the ship and, when requested, by the competent authority at each port of call.
(f) Table IV is as follows:
(a) In case of fire, collision, or breakage involving any shipment of radioactive materials, other than materials of low specific activity, the radioactive materials must be segregated from unnecessary contact with personnel. In case of obvious leakage, or if the inside container appears to be damaged, the stowage area (hold, compartment, or deck area) containing this cargo must be isolated as much as possible to prevent radioactive material from entering any person's body through contact, inhalation, or ingestion. No person may handle the material or remain in the vicinity unless supervised by a qualified person.
(b) A hold or compartment in which leakage of radioactive materials has occurred may not be used for other cargo until it is decontaminated in accordance with the requirements of § 176.715.
(c) For reporting requirements, see § 171.15 of this subchapter.
Each hold, compartment, or deck area used for the transportation of low specific activity or surface contaminated object Class 7 (radioactive) materials under exclusive use conditions must be surveyed with appropriate radiation detection instruments after each use. Such holds, compartments, and deck areas may not be used again until the radiation dose rate at every accessible surface is less than 5 microSieverts per hour (0.5 mrem per hour), and the removable (non-fixed) radioactive surface contamination is not greater than the limits prescribed in § 173.443 of this subchapter.
In addition to all other applicable requirements of this subchapter, a vessel carrying INF cargo (see § 176.2, under INF cargo definition) in international transportation must meet the requirements of the INF Code contained in the IMDG Code (IBR, see § 171.7 of this subchapter).
(a) Each package required to have a Class 8 (corrosive) label thereon being transported on a vessel must be stowed clear of living quarters, and away from foodstuffs and cargo of an organic nature.
(b) A package of Class 8 (corrosive material) material may not be stowed over any readily combustible material.
(c) Glass carboys containing Class 8 (corrosive material) material may not be stowed on board any vessel, other than a barge, more than two tiers high unless each carboy is boxed or crated with neck protection extending to the sides of the carboy box. This protective construction must be strong enough to permit stacking one on top of the other.
(d) A Class 8 (corrosive material) material may not be stowed over a hold or compartment containing cotton unless the deck is of steel and the hatch is fitted with a tight coaming. In addition, the deck must be tight against leakage and the Class 8 (corrosive material) material may not be stowed over the square of the hatch.
(e) Each package of Class 8 (corrosive material) which also bears a FLAMMABLE LIQUID label must be stowed away from all sources of heat and ignition.
When break bulk Class 8 (corrosive materials) materials being transported on a vessel are stowed on deck:
(a) Provisions must be made for leakage from any package to drain away from other cargo into an overboard scupper or freeing port. The drainage
(b) Dunnage must be provided on the deck and arranged so that any leakage will be apparent.
(c) Any leakage that occurs must be washed down, using liberal quantities of water.
(a) Cotton, Class 9, NA 1365, Cotton, wet, Division 4.2, UN 1365, and other vegetable fibers, Division 4.1, being transported on a vessel must be securely baled and bound. Each bale of cotton or vegetable fibers must be covered with bagging on at least three-fourths of its surface, including both ends. Cut cotton linters may be accepted for transportation by vessel when baled and covered with bagging on the soft sides only if the bale is compressed to a density of at least 512 kg/m
(b) Each bale of Cotton, wet, Division 4.2, UN 1365 must be stowed separately from any bales of dry cotton or vegetable fibers, in a 'tween deck space, and not overstowed. Any bale of cotton or vegetable fibers which is saturated with water may not be transported by vessel.
(c) Bales of cotton or vegetable fibers showing contact with oil or grease may not be accepted for transportation by vessel.
(d) Cotton or vegetable fibers must be stowed in a hold or compartment in accordance with the following requirements:
(1) All traces of oil or residue in the hold or compartment must be removed;
(2) A recently painted hold or compartment may not be used unless it is thoroughly dry;
(3) Each ventilation cowl serving the hold or compartment must be fitted with a spark screen;
(4) When a bulkhead of the hold or compartment is common with a boiler room, engine room, coal bunker, or galley and subjected to heat, a wooden bulkhead must be erected between the bulkhead and any cotton or vegetable fibers. This wooden bulkhead must be at least 15 cm (6 inches) from a boiler room bulkhead, and at least 5 cm (2 inches) from an engine room, coal bunker, or galley bulkhead;
(5) Each 'tween deck hatch must be closed with hatch covers, tarpaulins, and dunnage; however, metal hatch covers which are sealed by other means to provide equivalent protection may be used;
(6) Each hold or compartment must be equipped with a carbon dioxide or overhead water sprinkler system or other approved fixed extinguishing system. Before loading, the extinguishing system must be examined to ensure that it is in good working condition; and
(7) Each hold or compartment must be clear of all debris and swept as clean as practicable before loading.
(e) Naked lights or any fire likely to produce sparks are not permitted on the vessel, dock area, or on any lighters alongside a vessel during loading or unloading of cotton or vegetable fibers.
(f) Upon completion of stowage, each opening must be completely closed. Where required, tarpaulins must be fitted and secured in place to provide a tight hold. During a period of temporary stoppage of loading or unloading, a hatch may be left open. However, during that period, a fire watch, designated by the master or officer-in-charge, must be stationed in the hold or compartment in which the cotton or vegetable fibers are stowed.
(g) At least one fire hose must be connected while cotton or vegetable fibers are being loaded or unloaded. Each fire pump must be operated before any loading or unloading. Pressure must be maintained on each fire main during
(h) Smoking is not permitted on a vessel during the loading or unloading of cotton or vegetable fibers except at those times and in those places designated by the master. “NO SMOKING” signs must be conspicuously posted in appropriate places, and the responsible person in charge of the loading or unloading (see § 176.57 of this part) must ensure that they are observed.
(i) Cotton or vegetable fibers may be stowed in the same hold over bulk sulfur if the sulfur has been trimmed and leveled and the hold is thoroughly cleaned of sulfur dust. A tight floor of two layers of 2.54 cm (1 inch) crossed clean dunnage boards must be laid on the sulfur before cotton or vegetable fibers are stowed. These substances may be stowed alongside each other in the same hold if they are separated by a tight dustproof wood bulkhead.
(j) Cotton or vegetable fibers may not be stowed in a 'tween deck hold over bulk sulfur in a lower hold unless the 'tween deck hold has been thoroughly cleaned of all sulfur dust and the 'tween deck hatch covers are in place and covered with tarpaulins and dunnage.
(a) Unless impracticable, cotton or vegetable fibers being transported on a vessel may not be stowed in the same hold or compartment with rosin or pitch being transported on the same vessel.
(b) When separate stowage is impracticable, the cotton or vegetable fibers may be stowed in the same hold or compartment with rosin or pitch if they are separated by clean dunnage or a cargo of a non-combustible nature. When such stowage within the same hold or compartment involves large amounts of cotton or fibers or of rosin or pitch, the rosin or pitch must be floored off with at least two layers of 2.54 cm (1 inch) dunnaging and the cotton or vegetable fibers stowed above.
Cotton or vegetable fibers being transported on a vessel may not be stowed in the same hold with coal. They may be stowed in adjacent holds if the holds are separated by a tight steel bulkhead and the cotton or vegetable fibers are dunnaged at least 5 cm (2 inches) off the bulkhead. Cotton or vegetable fibers may be stowed in a hold above or below one in which coal is stowed if there is a tight steel intervening deck and all hatch covers are in place and covered with tarpaulins.
(a) A vehicle or any mechanical equipment powered by an internal combustion engine, a fuel cell, batteries or a combination thereof, is subject to the following requirements when carried as cargo on a vessel:
(1) Before being loaded on a vessel, each vehicle or mechanical equipment must be inspected for fuel leaks and identifiable faults in the electrical system that could result in short circuit or other unintended electrical source of ignition. A vehicle or mechanical equipment showing any signs of leakage or electrical fault may not be transported.
(2) The fuel tank of a vehicle or mechanical equipment powered by liquid fuel may not be more than one-fourth full.
(3) Whenever possible, each vehicle or mechanical equipment must be stowed to allow for its inspection during transportation.
(4) Vehicles or mechanical equipment may be refueled when necessary in the hold of a vessel in accordance with § 176.78 of this part.
(b) All equipment used for handling vehicles or mechanical equipment must be designed so that the fuel tank and the fuel system of the vehicle or mechanical equipment are protected from stress that might cause rupture or other damage incident to handling.
(c) Two hand-held, portable, dry chemical fire extinguishers of at least 4.5 kg (10 pounds) capacity each must
(d) “NO SMOKING” signs must be conspicuously posted at each access opening to the hold or compartment.
(e) Each portable electrical light, including a flashlight, used in the stowage area must be an approved, explosion-proof type. All electrical connections for any light must be made to outlets outside the space in which any vehicle or mechanical equipment is stowed.
(f) Each hold or compartment must be ventilated and fitted with an overhead water sprinkler system or fixed fire extinguisher system.
(g) Each hold or compartment must be equipped with a smoke or fire detection system capable of alerting personnel on the bridge.
(h) All electrical equipment in the hold or compartment other than fixed explosion-proof lighting must be disconnected from its power source at a location outside the hold or compartment during the handling and transportation of any vehicle or mechanical equipment. Where the disconnecting means is a switch or circuit breaker, it must be locked in the open position until all vehicles have been removed.
(i) Exceptions—A vehicle or mechanical equipment is excepted from the requirements of this subchapter if the following requirements are met:
(1)
(ii) The vehicle or mechanical equipment has an internal combustion engine using liquid fuel that has a flashpoint of 38 °C (100 °F) or higher, the fuel tank contains 418 L (110 gallons) of fuel or less, and there are no fuel leaks in any portion of the fuel system.
(2) Vehicle
(3)
(4)
(j) Except as provided in § 173.220(d) of this subchapter, the provisions of this subchapter do not apply to items of equipment such as fire extinguishers, compressed gas accumulators, airbag inflators and the like which are installed in the vehicle or mechanical equipment if they are necessary for the operation of the vehicle or equipment, or for the safety of its operator or passengers.
49 U.S.C. 5101-5127; 49 CFR 1.53.
(a)
(b)
(c)
(d)
No person may accept for transportation or transport by motor vehicle a forbidden material or hazardous material that is not prepared in accordance with the requirements of this subchapter.
Records, equipment, packagings and containers under the control of a motor carrier, insofar as they affect safety in transportation of hazardous materials by motor vehicle, must be made available for examination and inspection by a duly authorized representative of the Department.
(a)
(b)
Except as regards Class 7 (radioactive) materials, nothing contained in
(a) In addition to the training requirements of § 177.800, no carrier may transport, or cause to be transported, a hazardous material unless each hazmat employee who will operate a motor vehicle has been trained in the applicable requirements of 49 CFR parts 390 through 397 and the procedures necessary for the safe operation of that motor vehicle. Driver training shall include the following subjects:
(1) Pre-trip safety inspection;
(2) Use of vehicle controls and equipment, including operation of emergency equipment;
(3) Operation of vehicle, including turning, backing, braking, parking, handling, and vehicle characteristics including those that affect vehicle stability, such as effects of braking and curves, effects of speed on vehicle control, dangers associated with maneuvering through curves, dangers associated with weather or road conditions that a driver may experience (e.g., blizzards, mountainous terrain, high winds), and high center of gravity;
(4) Procedures for maneuvering tunnels, bridges, and railroad crossings;
(5) Requirements pertaining to attendance of vehicles, parking, smoking, routing, and incident reporting; and
(6) Loading and unloading of materials, including—
(i) Compatibility and segregation of cargo in a mixed load;
(ii) Package handling methods; and
(iii) Load securement.
(b)
(1) Operation of emergency control features of the cargo tank or portable tank;
(2) Special vehicle handling characteristics, including: high center of gravity, fluid-load subject to surge, effects of fluid-load surge on braking, characteristic differences in stability among baffled, unbaffled, and multi-compartmented tanks; and effects of partial loads on vehicle stability;
(3) Loading and unloading procedures;
(4) The properties and hazards of the material transported; and
(5) Retest and inspection requirements for cargo tanks.
(c) The training required by paragraphs (a) and (b) of this section may be satisfied by compliance with the current requirements for a Commercial Driver's License (CDL) with a tank vehicle or hazardous materials endorsement.
(d) Training required by paragraph (b) of this section must conform to the requirements of § 172.704 of this subchapter with respect to frequency and recordkeeping.
(a)
(b)
(c)
(1) A description of the freight container or transport vehicle; and
(2) The kind of placard affixed to the freight container or transport vehicle.
(d) This subpart does not apply to a material that is excepted from shipping paper requirements as specified in § 172.200 of this subchapter.
(e)
(1) Clearly distinguish the shipping paper, if it is carried with other shipping papers or other papers of any kind, by either distinctively tabbing it or by having it appear first; and
(2) Store the shipping paper as follows:
(i) When the driver is at the vehicle's controls, the shipping paper shall be: (A) Within his immediate reach while he is restrained by the lap belt; and (B) either readily visible to a person entering the driver's compartment or in a holder which is mounted to the inside of the door on the driver's side of the vehicle.
(ii) When the driver is not at the vehicle's controls, the shipping paper shall be: (A) In a holder which is mounted to the inside of the door on the driver's side of the vehicle; or (B) on the driver's seat in the vehicle.
(f)
(a) A carrier may not move a transport vehicle containing a hazardous material unless the vehicle is marked and placarded in accordance with part 172 or as authorized in § 171.12a of this subchapter, or unless, in an emergency:
(1) The vehicle is escorted by a representative of a state or local government;
(2) The carrier has permission from the Department; or
(3) Movement of the transport vehicle is necessary to protect life or property.
(b)
(c)
For prohibited loading and storage of hazardous materials, see § 177.848.
(a)
(b) Each package containing a hazardous material bearing package orientation markings prescribed in § 172.312 of this subchapter must be loaded on a transport vehicle or within a freight container in accordance with such markings and must remain in the correct position indicated by the markings during transportation.
(c)
(d)
(e)
(f)
(g) [Reserved]
(h)
(i)
(2)
(i) The carrier's obligation for transporting the materials is fulfilled;
(ii) The cargo tank has been placed upon the consignee's premises; and
(iii) The motive power has been removed from the cargo tank and removed from the premises.
(3) Except for unloading operations subject to §§ 177.837(d), 177.840(p), and 177.840(q), a qualified person “attends” the loading or unloading of a cargo tank if, throughout the process, he is alert and is within 7.62 m (25 feet) of the cargo tank. The qualified person attending the unloading of a cargo tank must have an unobstructed view of the cargo tank and delivery hose to the maximum extent practicable during the unloading operation.
(4) A person is “qualified” if he has been made aware of the nature of the hazardous material which is to be loaded or unloaded, he has been instructed on the procedures to be followed in emergencies, he is authorized to move the cargo tank, and he has the means to do so.
(j) Except for a cargo tank conforming to § 173.29(b)(2) of this subchapter, a person may not drive a cargo tank motor vehicle containing a hazardous material regardless of quantity unless:
(1) All manhole closures are closed and secured; and
(2) All valves and other closures in liquid discharge systems are closed and free of leaks.
(k) [Reserved]
(l)
(1)
(2)
(A) It is a catalytic heater.
(B) The heater's surface temperature cannot exceed 54 °C (130 °F)—either on a thermostatically controlled heater or on a heater without thermostatic control when the outside or ambient temperature is 16 °C (61 °F) or less.
(C) The heater is not ignited in a loaded vehicle.
(D) There is no flame, either on the catalyst or anywhere in the heater.
(E) The manufacturer has certified that the heater meets the requirements under paragraph (l)(2)(i) of this section by permanently marking the heater
(F) The heater is also marked
(G) Heater requirements under § 393.77 of this title are complied with.
(ii)
(A) Use of a heater manufactured after November 14, 1975, is governed by every requirement under (l)(2)(i) of this section;
(B) Use of a heater manufactured before November 15, 1975, is governed only by the requirements under (l)(2)(i) (A), (C), (D), (F) and (G) of this section until October 1, 1976; and
(C) Use of any heater after September 30, 1976, is governed by every requirement under paragraph (l)(2)(i) of this section.
(iii)
(A)
(
(
(
(
(
(B)
(
(
(m) Tanks constructed and maintained in compliance with Spec. 106A or 110A (§§ 179.300, 179.301 of this subchapter) that are authorized for the shipment of hazardous materials by highway in part 173 of this subchapter must be carried in accordance with the following requirements:
(1) Tanks must be securely chocked or clamped on vehicles to prevent any shifting.
(2) Equipment suitable for handling a tank must be provided at any point where a tank is to be loaded upon or removed from a vehicle.
(3) No more than two cargo carrying vehicles may be in the same combination of vehicles.
(4) Compliance with §§ 174.200 and 174.204 of this subchapter for combination rail freight, highway shipments and for trailer-on-flat-car service is required.
(n) Specification 56, 57, IM 101, and IM 102 portable tanks, when loaded, may not be stacked on each other nor placed under other freight during transportation by motor vehicle.
(o)
(1) The unloading operation must be attended by a qualified person in accordance with the requirements in paragraph (i) of this section. The person performing unloading functions must be trained in handling emergencies that may occur during the unloading operation.
(2) Prior to unloading, the operator of the vehicle on which the portable tank is transported must ascertain that the conditions of this paragraph (o) are met.
(3) An IM or UN portable tank equipped with a bottom outlet as authorized in Column (7) of the § 172.101 Table of this subchapter by assignment of a T Code in the appropriate proper shipping name entry, and that contains a liquid hazardous material of Class 3, PG I or II, or PG III with a flash point of less than 100 °F (38 °C); Division 5.1, PG I or II; or Division 6.1, PG I or II, must conform to the outlet requirements in § 178.275(d)(3) of this subchapter.
For
(See also § 177.834 (a) to (j).)
(a)
(b)
(1) Whenever tarpaulins are used for covering Class 1 (explosive) materials, they shall be secured by means of rope, wire, or other equally efficient tie downs. Class 1 (explosive) materials placards or markings required by § 177.823 shall be secured, in the appropriate locations, directly to the equipment transporting the Class 1 (explosive) materials. If the vehicle is provided with placard boards, the placards must be applied to these boards.
(2) [Reserved]
(c)
(1) More than two cargo carrying vehicles are in the combination;
(2) Any full trailer in the combination has a wheel base of less than 184 inches;
(3) Any vehicle in the combination is a cargo tank which is required to be marked or placarded under § 177.823; or
(4) The other vehicle in the combination contains any:
(i) Substances, explosive, n.o.s., Division 1.1A (explosive) material (Initiating explosive),
(ii) Packages of Class 7 (radioactive) materials bearing “Yellow III” labels,
(iii) Division 2.3, Hazard Zone A or Hazard Zone B materials or Division 6.1, PG I, Hazard Zone A materials, or
(iv) Hazardous materials in a portable tank or a DOT specification 106A or 110A tank.
(d) [Reserved]
(e)
(f)
(g) No detonator assembly or booster with detonator may be transported on the same motor vehicle with any Division 1.1, 1.2 or 1.3 material (except other detonator assemblies, boosters with detonators or detonators), detonating cord Division 1.4 material or Division 1.5 material. No detonator may be transported on the same motor vehicle with any Division 1.1, 1.2 or 1.3 material (except other detonators, detonator assemblies or boosters with detonators), detonating cord Division 1.4 material or Division 1.5 material unless—
(1) It is packed in a specification MC 201 (§ 178.318 of this subchapter) container; or
(2) The package conforms with requirements prescribed in § 173.62 of this subchapter, and its use is restricted to instances when—
(i) There is no Division 1.1, 1.2, 1.3 or 1.5 material loaded on the motor vehicle; and
(ii) A separation of 61 cm (24 inches) is maintained between each package of detonators and each package of detonating cord; or
(3) It is packed and loaded in accordance with a method approved by the Associate Administrator. One approved method requires that—
(i) The detonators are in packagings as prescribed in § 173.63 of this subchapter which in turn are loaded into suitable containers or separate compartments; and
(ii) That both the detonators and the container or compartment meet the requirements of the IME Standard 22 (IBR, see § 171.7 of this subchapter).
(h)
(i)
(j)
(k)
For
(See also § 177.834 (a) to (j).)
(a)
(b)
(c)
(2) When a cargo tank is loaded or unloaded through a vapor-tight (not open hole) top or bottom connection, so that there is no release of vapor at a point where a spark could occur, bonding or grounding is not required. Contact of the closed connection must be made before flow starts and must not be broken until after the flow is completed.
(3) Bonding or grounding is not required when a cargo tank is unloaded through a nonvapor-tight connection into a stationary tank provided the metallic filling connection is maintained in contact with the filling hole.
(d)
For
(See also § 177.834 (a) to (j).)
(a)
(b)
(c)
(d)-(e) [Reserved]
(f) Nitrates, except ammonium nitrate having organic coating, must be loaded in closed or open type motor vehicles, which must be swept clean and be free of any projections capable of injuring bags when so packaged. When shipped in open type motor vehicles, the lading must be suitably covered. Ammonium nitrate having organic coating must not be loaded in all-metal vehicles, other than those made of aluminum or aluminum alloys of the closed type.
(g) A motor vehicle may only contain 45.4 kg (100 pounds) or less net mass of material described as “Smokeless powder for small arms, Division 4.1”.
(h)
For
(See also § 177.834(a) through (j).)
(a)
(b)
(See also § 177.834 (a) to (j).)
(a)
(1)
(2)
(i) The vehicle must have an open body equipped with a suitable rack or support having a means to hold the cylinder upright when subjected to an acceleration of 2 “g” in any horizontal direction;
(ii) The combined total of the hydrogen venting rates, as marked, on the cylinders transported on one motor vehicle may not exceed 60 SCF per hour;
(iii) The vehicle may not enter a tunnel; and
(iv) Highway transportation is limited to private and contract carriage and to direct movement from point of origin to destination.
(b) Portable tank containers containing Class 2 (gases) materials shall be loaded on motor vehicles only as follows:
(1) Onto a flat floor or platform of a motor vehicle.
(2) Onto a suitable frame of a motor vehicle.
(3) In either such case, such containers shall be safely and securely blocked or held down to prevent shifting relative to each other or to the supporting structure when in transit, particularly during sudden starts and stops and changes of direction of the vehicle.
(4) Requirements of paragraphs (1) and (2) of this paragraph (b) shall not be construed as prohibiting stacking of containers provided the provisions of paragraph (3) of this paragraph (b) are fully complied with.
(c) [Reserved]
(d)
(e) Chlorine cargo tank motor vehicles shall be shipped only when equipped:
(1) With a gas mask of a type approved by the National Institute of Occupational Safety and Health (NIOSH) Pittsburgh Research Center, U.S. Department of Health and Human Services for chlorine service; and
(2) With an emergency kit for controlling leaks in fittings on the dome cover plate.
(f) A cargo tank motor vehicle used for transportation of chlorine may not be moved, coupled or uncoupled, when any loading or unloading connections are attached to the vehicle, nor may it be left without the power unit attached unless the vehicle is chocked or equivalent means are provided to prevent motion. For additional requirements, see § 173.315(o) of this subchapter.
(g) Each liquid discharge valve on a cargo tank motor vehicle, other than an engine fuel line valve, must be closed during transportation except during loading and unloading.
(h) The driver of a motor vehicle transporting a Division 2.1 (flammable gas) material that is a cryogenic liquid in a package exceeding 450 L (119 gallons) of water capacity shall avoid unnecessary delays during transportation. If unforeseen conditions cause an excessive pressure rise, the driver shall manually vent the tank at a remote and safe location. For each shipment, the driver shall make a written record of the cargo tank pressure and ambient (outside) temperature:
(1) At the start of each trip,
(2) Immediately before and after any manual venting,
(3) At least once every five hours, and
(4) At the destination point.
(i) No person may transport a Division 2.1 (flammable gas) material that is a cryogenic liquid in a cargo tank motor vehicle unless the pressure of the lading is equal to or less than that used to determine the marked rated holding time (MRHT) and the one-way travel time (OWTT), marked on the cargo tank in conformance with § 173.318(g) of this subchapter, is equal to or greater than the elapsed time between the start and termination of travel. This prohibition does not apply if, prior to expiration of the OWTT, the cargo tank is brought to full equilibration as specified in paragraph (j) of this section.
(j) Full equilibration of a cargo tank transporting a Division 2.1 (flammable gas) material that is a cryogenic liquid may only be done at a facility that loads or unloads a Division 2.1 (flammable gas) material that is a cryogenic liquid and must be performed and verified as follows:
(1) The temperature and pressure of the liquid must be reduced by a manually controlled release of vapor; and
(2) The pressure in the cargo tank must be measured at least ten minutes after the manual release is terminated.
(k) A carrier of carbon monoxide, cryogenic liquid must provide each driver with a self-contained air breathing apparatus that is approved by the National Institute of Occupational Safety and Health; for example, Mine Safety Appliance Co., Model 401, catalog number 461704.
(l)
(m)
(n)
(o)
(p)
(1) For a cargo tank with a capacity of 13,247.5 L (3,500 water gallons) or less, excluding delivery hose and piping, the qualified person attending the unloading operation must remain within 45.72 meters (150 feet) of the cargo tank and 7.62 meters (25 feet) of the delivery hose and must observe both the cargo tank and the receiving container at least once every five minutes when the internal self-closing stop valve is open during unloading operations that take more than five minutes to complete.
(2) For a cargo tank with a capacity greater than 13,247.5 L (3,500 water gallons), excluding delivery hose and piping, the qualified person attending the unloading operation must remain within 45.72 m (150 feet) of the cargo tank and 7.62 m (25 feet) of the delivery hose when the internal self-closing stop valve is open.
(i) Except as provided in paragraph (p)(2)(ii) of this section, the qualified person attending the unloading operation must have an unobstructed view of the cargo tank and delivery hose to the maximum extent practicable, except during short periods when it is necessary to activate controls or monitor the receiving container.
(ii) For deliveries where the qualified person attending the unloading operation cannot maintain an unobstructed view of the cargo tank, when the internal self-closing stop valve is open, the qualified person must observe both the cargo tank and the receiving container at least once every five minutes during unloading operations that take more than five minutes to complete. In addition, by the compliance dates specified in §§ 173.315(n)(5) and 180.405(m)(3) of this subchapter, the cargo tank motor vehicle must have an emergency discharge control capability that meets the requirements of § 173.315(n)(2) or § 173.315(n)(4) of this subchapter.
(q)
(1) The qualified person attending the unloading operation must remain within 7.62 m (25 feet) of the cargo tank when the internal self-closing stop valve is open.
(2) The qualified person attending the unloading operation must have an unobstructed view of the cargo tank and delivery hose to the maximum extent practicable, except during short periods when it is necessary to activate controls or monitor the receiving container.
(r)
(1) The qualified person monitoring unloading must visually examine the facility hose assembly for obvious defects prior to its use in the unloading operation.
(2) The qualified person monitoring unloading must remain within arm's reach of the mechanical means of closure for the internal self-closing stop valve when the internal self-closing stop valve is open except for short periods when it is necessary to activate controls or monitor the receiving container. For chlorine cargo tank motor vehicles, the qualified person must remain within arm's reach of a means to stop the flow of product except for short periods when it is necessary to activate controls or monitor the receiving container.
(3) If the facility hose is equipped with a passive means to shut off the flow of product that conforms to and is maintained to the performance standard in § 173.315(n)(2) of this subchapter, the qualified person may attend the unloading operation in accordance with the attendance requirements prescribed for the material being unloaded in § 177.834 of this section.
(s)
(t)
(u)
For
(See also § 177.834 (a) to (j).)
(a)
(b) [Reserved]
(c)
(d) [Reserved]
(e) A motor carrier may not transport a package:
(1) Except as provided in paragraph (e)(3) of this section, bearing or required to bear a POISON or POISON INHALATION HAZARD label or placard in the same motor vehicle with material that is marked as or known to be foodstuffs, feed or edible material intended for consumption by humans or animals unless the poisonous material is packaged in accordance with this subchapter and is:
(i) Overpacked in a metal drum as specified in § 173.25(c) of this subchapter; or
(ii) Loaded into a closed unit load device and the foodstuffs, feed, or other edible material are loaded into another closed unit load device;
(2) Bearing or required to bear a POISON, POISON GAS or POISON INHALATION HAZARD label in the driver's compartment (including a sleeper berth) of a motor vehicle; or
(3) Bearing a POISON label displaying the text “PG III,” or bearing a “PG III” mark adjacent to the POISON label, with materials marked as, or known to be, foodstuffs, feed or any other edible material intended for consumption by humans or animals, unless the package containing the Division 6.1, Packing Group III material is separated in a manner that, in the event of leakage from packages under conditions normally incident to transportation, commingling of hazardous materials with foodstuffs, feed or any other edible material would not occur.
For
(a) The number of packages of Class 7 (radioactive) materials in any transport vehicle or in any single group in any storage location must be limited so that the total transport index number does not exceed 50. The total transport index of a group of packages and overpacks is determined by adding together the transport index number on the labels on the individual packages and overpacks in the group. This provision does not apply to exclusive use shipments described in §§ 173.441(b), 173.457, and 173.427 of this subchapter.
(b) Packages of Class 7 (radioactive) material bearing “RADIOACTIVE YELLOW-II” or “RADIOACTIVE YELLOW-III” labels may not be placed in a transport vehicle, storage location or in any other place closer than the distances shown in the following table to any area which may be continuously occupied by any passenger, employee, or animal, nor closer than the distances shown in the table to any package containing undeveloped film (if so marked), and must conform to the following conditions:
(1) If more than one of these packages is present, the distance must be computed from the following table on the basis of the total transport index number determined by adding together the transport index number on the labels on the individual packages and overpacks in the vehicle or storeroom.
(2) Where more than one group of packages is present in any single storage location, a single group may not have a total transport index greater than 50. Each group of packages must be handled and stowed not closer than 6 m (20 feet) (measured edge to edge) to any other group. The following table is to be used in accordance with the provisions of paragraph (b) of this section:
(c) Shipments of low specific activity materials and surface contaminated objects, as defined in § 173.403 of this subchapter, must be loaded so as to avoid spillage and scattering of loose materials. Loading restrictions are set forth in § 173.427 of this subchapter.
(d) Packages must be so blocked and braced that they cannot change position during conditions normally incident to transportation.
(e) Persons should not remain unnecessarily in a vehicle containing Class 7 (radioactive) materials.
(f) The number of packages of fissile Class 7 (radioactive) material in any non-exclusive use transport vehicle must be limited so that the sum of the criticality safety indices (CSIs) does not exceed 50. In loading and storage areas, fissile material packages must be grouped so that the sum of CSIs in any one group is not greater than 50; there may be more than one group of fissile material packages in a loading or storage area, so long as each group is at least 6 m (20 feet) away from all other such groups. All pertinent requirements of §§ 173.457 and 173.459 apply.
(g) For shipments transported under exclusive use conditions the radiation dose rate may not exceed 0.02 mSv per hour (2 mrem per hour) in any position
(a) Each motor vehicle used for transporting Class 7 (radioactive) materials under exclusive use conditions in accordance with § 173.427(b)(4) or (c) or § 173.443(c) of this subchapter must be surveyed with radiation detection instruments after each use. A vehicle may not be returned to service until the radiation dose rate at every accessible surface is 0.005 mSv per hour (0.5 mrem per hour) or less and the removable (non-fixed) radioactive surface contamination is not greater than the level prescribed in § 173.443(a) of this subchapter.
(b) This section does not apply to any vehicle used solely for transporting Class 7 (radioactive) material if a survey of the interior surface shows that the radiation dose rate does not exceed 0.1 mSv per hour (10 mrem per hour) at the interior surface or 0.02 mSv per hour (2 mrem per hour) at 1 meter (3.3 feet) from any interior surface. These vehicles must be stenciled with the words “For Radioactive Materials Use Only” in lettering at least 7.6 cm (3 inches) high in a conspicuous place, on both sides of the exterior of the vehicle. These vehicles must be kept closed at all times other than loading and unloading.
(c) In case of fire, accident, breakage, or unusual delay involving shipments of Class 7 (radioactive) material, see §§ 171.15, 171.16 and 177.854 of this subchapter.
(d) Each transport vehicle used to transport Division 6.2 materials must be disinfected prior to reuse if a Division 6.2 material is released from its packaging during transportation. Disinfection may be by any means effective for neutralizing the material released.
(a) This section applies to materials which meet one or more of the hazard classes defined in this subchapter and are:
(1) In packages that must be labeled or placarded in accordance with part 172 of this subchapter;
(2) In a compartment within a multi-compartmented cargo tank subject to the restrictions in § 173.33 of this subchapter; or
(3) In a portable tank loaded in a transport vehicle or freight container.
(b) When a transport vehicle is to be transported by vessel, other than a ferry vessel, hazardous materials on or within that vehicle must be stowed and segregated in accordance with § 176.83(b) of this subchapter.
(c) In addition to the provisions of paragraph (d) of this section and except as provided in § 173.12(e) of this subchapter, cyanides, cyanide mixtures or solutions may not be stored, loaded and transported with acids if a mixture of the materials would generate hydrogen cyanide; Division 4.2 materials may not be stored, loaded and transported with Class 8 liquids; and Division 6.1 Packing Group I, Hazard Zone A material may not be stored, loaded and transported with Class 3 material, Class 8 liquids, and Division 4.1, 4.2, 4.3, 5.1 or 5.2 materials.
(d) Except as otherwise provided in this subchapter, hazardous materials must be stored, loaded or transported in accordance with the following table and other provisions of this section:
(e) lnstructions for using the segregation table for hazardous materials are as follows:
(1) The absence of any hazard class or division or a blank space in the table indicates that no restrictions apply.
(2) The letter “X” in the table indicates that these materials may not be loaded, transported, or stored together in the same transport vehicle or storage facility during the course of transportation.
(3) The letter “O” in the table indicates that these materials may not be loaded, transported, or stored together in the same transport vehicle or storage facility during the course of transportation unless separated in a manner that, in the event of leakage from packages under conditions normally incident to transportation, commingling of hazardous materials would not occur. Notwithstanding the methods of separation employed, Class 8 (corrosive) liquids may not be loaded above or adjacent to Class 4 (flammable) or Class 5 (oxidizing) materials; except that shippers may load truckload shipments of such materials together when it is known that the mixture of contents would not cause a fire or a dangerous evolution of heat or gas.
(4) The “*” in the table indicates that segregation among different Class 1 (explosive) materials is governed by the compatibility table in paragraph (f) of this section.
(5) The note “A” in the second column of the table means that, notwithstanding the requirements of the letter “X”, ammonium nitrate (UN 1942) and ammonium nitrate fertilizer may be loaded or stored with Division 1.1 (explosive) or Division 1.5 materials.
(6) When the § 172.101 table or § 172.402 of this subchapter requires a package to bear a subsidiary hazard label, segregation appropriate to the subsidiary hazard must be applied when that segregation is more restrictive than that required by the primary hazard. However, hazardous materials of the same class may be stowed together without regard to segregation required for any secondary hazard if the materials are not capable of reacting dangerously with each other and causing combustion or dangerous evolution of heat, evolution of flammable, poisonous, or asphyxiant gases, or formation of corrosive or unstable materials.
(f) Class 1 (explosive) materials shall not be loaded, transported, or stored together, except as provided in this section, and in accordance with the following table:
(g) Instructions for using the compatibility table for Class 1 (explosive) materials are as follows:
(1) A blank space in the table indicates that no restrictions apply.
(2) The letter “X” in the table indicates that explosives of different compatibility groups may not be carried on the same transport vehicle.
(3) The numbers in the table mean the following:
(i) “1” means an explosive from compatibility group L shall only be carried on the same transport vehicle with an identical explosive.
(ii) “2” means any combination of explosives from compatibility groups C,
(iii) “3” means any combination of explosives from compatibility groups C, D, or E with those in compatibility group N is assigned to compatibility group D.
(iv) “4” means see § 177.835(g) when transporting detonators.
(v) “5” means Division 1.4S fireworks may not be loaded on the same transport vehicle with Division 1.1 or 1.2 (explosive) materials.
(vi) “6” means explosive articles in compatibility group G, other than fireworks and those requiring special handling, may be loaded, transported and stored with other explosive articles of compatibility groups C, D and E, provided that explosive substances (such as those not contained in articles) are not carried in the same transport vehicle.
(h) Except as provided in paragraph (i) of this section, explosives of the same compatibility group but of different divisions may be transported together provided that the whole shipment is transported as though its entire contents were of the lower numerical division (i.e., Division 1.1 being lower than Division 1.2). For example, a mixed shipment of Division 1.2 (explosive) materials and Division 1.4 (explosive) materials, both of compatibility group D, must be transported as Division 1.2 (explosive) materials.
(i) When Division 1.5 materials, compatibility group D, are transported in the same freight container as Division 1.2 (explosive) materials, compatibility group D, the shipment must be transported as Division 1.1 (explosive) materials, compatibility group D.
For
(a)
(b)
(c)
(2) Packages of hazardous materials that are damaged or found leaking during transportation, and hazardous materials that have spilled or leaked during transportation, may be forwarded to destination or returned to the shipper in a salvage drum in accordance with the requirements of § 173.3(c) of this subchapter.
(d)
(1) The package must be safe for transportation.
(2) The repair of the package must be adequate to prevent contamination of or hazardous admixture with other lading transported on the same motor vehicle therewith.
(3) If the carrier is not himself the shipper, the consignee's name and address must be plainly marked on the repaired package.
(e)
(f)
(1) For motor vehicles other than cargo tank motor vehicles used for the transportation of Class 3 (flammable liquid) or Division 2.1 (flammable gas) materials and not transporting Division 1.1, 1.2, or 1.3 (explosive) materials, warning devices must be set out in the manner prescribed in § 392.22 of this title.
(2) For cargo tanks used for the transportation of Class 3 (flammable liquid) or Division 2.1 (flammable gas) materials, whether loaded or empty, and vehicles transporting Division 1.1, 1.2, or 1.3 (explosive) materials, warning devices must be set out in the manner prescribed by § 392.25 of this title.
(g)
(2)
(i) The motor vehicle's cargo and fuel containment systems are closed (except as necessary to maintain or repair the vehicle's motor) and do not show any indication of leakage;
(ii) A means is provided, and a person capable to operate the motor vehicle is available, to immediately remove the motor vehicle if necessary in an emergency;
(iii) The motor vehicle is removed from the enclosed area upon completion of repair or maintenance work; and
(iv) For motor vehicles loaded with Division 1.1, 1.2, or 1.3 (explosive), Class 3 (flammable liquid), or Division 2.1 (flammable gas) materials, all sources of spark, flame or glowing heat within the area of enclosure (including any heating system drawing air therefrom) are extinguished, made inoperable or rendered explosion-proof by a suitable method.
(h)
For
(a)
(b)
(c)
(d)
(e)
(f)
(g)
For