[Title 49 CFR ]
[Code of Federal Regulations (annual edition) - October 1, 2017 Edition]
[From the U.S. Government Publishing Office]



[[Page i]]

          

          Title 49

Transportation


________________________

Parts 100 to 177

                         Revised as of October 1, 2017

          Containing a codification of documents of general 
          applicability and future effect

          As of October 1, 2017
                    Published by the Office of the Federal Register 
                    National Archives and Records Administration as a 
                    Special Edition of the Federal Register

[[Page ii]]

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                            Table of Contents



                                                                    Page
  Explanation.................................................       v

  Title 49:
    SUBTITLE B--Other Regulations Relating to Transportation
          Chapter I--Pipeline and Hazardous Materials Safety 
          Administration, Department of Transportation               5
  Finding Aids:
      Table of CFR Titles and Chapters........................     941
      Alphabetical List of Agencies Appearing in the CFR......     961
      List of CFR Sections Affected...........................     971

[[Page iv]]


      


                     ----------------------------

                     Cite this Code:  CFR
                     To cite the regulations in 
                       this volume use title, 
                       part and section number. 
                       Thus, 49 CFR 105.5 refers 
                       to title 49, part 105, 
                       section 5.

                     ----------------------------

[[Page v]]



                               EXPLANATION

    The Code of Federal Regulations is a codification of the general and 
permanent rules published in the Federal Register by the Executive 
departments and agencies of the Federal Government. The Code is divided 
into 50 titles which represent broad areas subject to Federal 
regulation. Each title is divided into chapters which usually bear the 
name of the issuing agency. Each chapter is further subdivided into 
parts covering specific regulatory areas.
    Each volume of the Code is revised at least once each calendar year 
and issued on a quarterly basis approximately as follows:

Title 1 through Title 16.................................as of January 1
Title 17 through Title 27..................................as of April 1
Title 28 through Title 41...................................as of July 1
Title 42 through Title 50................................as of October 1

    The appropriate revision date is printed on the cover of each 
volume.

LEGAL STATUS

    The contents of the Federal Register are required to be judicially 
noticed (44 U.S.C. 1507). The Code of Federal Regulations is prima facie 
evidence of the text of the original documents (44 U.S.C. 1510).

HOW TO USE THE CODE OF FEDERAL REGULATIONS

    The Code of Federal Regulations is kept up to date by the individual 
issues of the Federal Register. These two publications must be used 
together to determine the latest version of any given rule.
    To determine whether a Code volume has been amended since its 
revision date (in this case, October 1, 2017), consult the ``List of CFR 
Sections Affected (LSA),'' which is issued monthly, and the ``Cumulative 
List of Parts Affected,'' which appears in the Reader Aids section of 
the daily Federal Register. These two lists will identify the Federal 
Register page number of the latest amendment of any given rule.

EFFECTIVE AND EXPIRATION DATES

    Each volume of the Code contains amendments published in the Federal 
Register since the last revision of that volume of the Code. Source 
citations for the regulations are referred to by volume number and page 
number of the Federal Register and date of publication. Publication 
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instances where the effective date is beyond the cut-off date for the 
Code a note has been inserted to reflect the future effective date. In 
those instances where a regulation published in the Federal Register 
states a date certain for expiration, an appropriate note will be 
inserted following the text.

OMB CONTROL NUMBERS

    The Paperwork Reduction Act of 1980 (Pub. L. 96-511) requires 
Federal agencies to display an OMB control number with their information 
collection request.

[[Page vi]]

Many agencies have begun publishing numerous OMB control numbers as 
amendments to existing regulations in the CFR. These OMB numbers are 
placed as close as possible to the applicable recordkeeping or reporting 
requirements.

PAST PROVISIONS OF THE CODE

    Provisions of the Code that are no longer in force and effect as of 
the revision date stated on the cover of each volume are not carried. 
Code users may find the text of provisions in effect on any given date 
in the past by using the appropriate List of CFR Sections Affected 
(LSA). For the convenience of the reader, a ``List of CFR Sections 
Affected'' is published at the end of each CFR volume. For changes to 
the Code prior to the LSA listings at the end of the volume, consult 
previous annual editions of the LSA. For changes to the Code prior to 
2001, consult the List of CFR Sections Affected compilations, published 
for 1949-1963, 1964-1972, 1973-1985, and 1986-2000.

``[RESERVED]'' TERMINOLOGY

    The term ``[Reserved]'' is used as a place holder within the Code of 
Federal Regulations. An agency may add regulatory information at a 
``[Reserved]'' location at any time. Occasionally ``[Reserved]'' is used 
editorially to indicate that a portion of the CFR was left vacant and 
not accidentally dropped due to a printing or computer error.

INCORPORATION BY REFERENCE

    What is incorporation by reference? Incorporation by reference was 
established by statute and allows Federal agencies to meet the 
requirement to publish regulations in the Federal Register by referring 
to materials already published elsewhere. For an incorporation to be 
valid, the Director of the Federal Register must approve it. The legal 
effect of incorporation by reference is that the material is treated as 
if it were published in full in the Federal Register (5 U.S.C. 552(a)). 
This material, like any other properly issued regulation, has the force 
of law.
    What is a proper incorporation by reference? The Director of the 
Federal Register will approve an incorporation by reference only when 
the requirements of 1 CFR part 51 are met. Some of the elements on which 
approval is based are:
    (a) The incorporation will substantially reduce the volume of 
material published in the Federal Register.
    (b) The matter incorporated is in fact available to the extent 
necessary to afford fairness and uniformity in the administrative 
process.
    (c) The incorporating document is drafted and submitted for 
publication in accordance with 1 CFR part 51.
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CFR INDEXES AND TABULAR GUIDES

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and Rules. A list of CFR titles, chapters, subchapters, and parts and an 
alphabetical list of agencies publishing in the CFR are also included in 
this volume.

[[Page vii]]

    An index to the text of ``Title 3--The President'' is carried within 
that volume.
    The Federal Register Index is issued monthly in cumulative form. 
This index is based on a consolidation of the ``Contents'' entries in 
the daily Federal Register.
    A List of CFR Sections Affected (LSA) is published monthly, keyed to 
the revision dates of the 50 CFR titles.

REPUBLICATION OF MATERIAL

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in the Code of Federal Regulations.

INQUIRIES

    For a legal interpretation or explanation of any regulation in this 
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the top of odd-numbered pages.
    For inquiries concerning CFR reference assistance, call 202-741-6000 
or write to the Director, Office of the Federal Register, National 
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    Oliver A. Potts,
    Director,
    Office of the Federal Register.
    October 1, 2017.

                                
                                      
                            

  

[[Page ix]]



                               THIS TITLE

    Title 49--Transportation is composed of nine volumes. The parts in 
these volumes are arranged in the following order: Parts 1-99, parts 
100-177, parts 178-199, parts 200-299, parts 300-399, parts 400-571, 
parts 572-999, parts 1000-1199, and part 1200 to end. The first volume 
(parts 1-99) contains current regulations issued under subtitle A--
Office of the Secretary of Transportation; the second volume (parts 100-
177) and the third volume (parts 178-199) contain the current 
regulations issued under chapter I--Pipeline and Hazardous Materials 
Safety Administration (DOT); the fourth volume (parts 200-299) contains 
the current regulations issued under chapter II--Federal Railroad 
Administration (DOT); the fifth volume (parts 300-399) contains the 
current regulations issued under chapter III--Federal Motor Carrier 
Safety Administration (DOT); the sixth volume (parts 400-571) contains 
the current regulations issued under chapter IV--Coast Guard (DHS), and 
some of chapter V--National Highway Traffic Safety Administration (DOT); 
the seventh volume (parts 572-999) contains the rest of the regulations 
issued under chapter IV, and the current regulations issued under 
chapter VI--Federal Transit Administration (DOT), chapter VII--National 
Railroad Passenger Corporation (AMTRAK), and chapter VIII--National 
Transportation Safety Board; the eighth volume (parts 1000-1199) 
contains the current regulations issued under chapter X--Surface 
Transportation Board and the ninth volume (part 1200 to end) contains 
the current regulations issued under chapter X--Surface Transportation 
Board, chapter XI--Research and Innovative Technology Administration, 
and chapter XII--Transportation Security Administration, Department of 
Transportation. The contents of these volumes represent all current 
regulations codified under this title of the CFR as of October 1, 2017.

    In the volume containing parts 100-177, see Sec. 172.101 for the 
Hazardous Materials Table. The Federal Motor Vehicle Safety Standards 
appear in part 571.

    For this volume, Ann Worley was Chief Editor. The Code of Federal 
Regulations publication program is under the direction of John Hyrum 
Martinez, assisted by Stephen J. Frattini.

[[Page 1]]



                        TITLE 49--TRANSPORTATION




                  (This book contains parts 100 to 177)

  --------------------------------------------------------------------

        SUBTITLE B--Other Regulations Relating To Transportation

                                                                    Part

chapter i--Pipeline and Hazardous Materials Safety 
  Administration, Department of Transportation..............         105

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        Subtitle B--Other Regulations Relating to Transportation

[[Page 5]]



   CHAPTER I--PIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION, 
                      DEPARTMENT OF TRANSPORTATION




  --------------------------------------------------------------------

        SUBCHAPTER A--HAZARDOUS MATERIALS AND OIL TRANSPORTATION
Part                                                                Page
100-104        [Reserved]

105             Hazardous Materials Program definitions and 
                    general procedures......................           7
106             Rulemaking procedures.......................          13
107             Hazardous materials program procedures......          19
109             Department of Transportation hazardous 
                    material procedural regulations.........          78
110             Hazardous materials public sector training 
                    and planning grants.....................          86
                    SUBCHAPTER B--OIL TRANSPORTATION
130             Oil spill prevention and response plans.....          95
              SUBCHAPTER C--HAZARDOUS MATERIALS REGULATIONS
171             General information, regulations, and 
                    definitions.............................          98
172             Hazardous materials table, special 
                    provisions, hazardous materials 
                    communications, emergency response 
                    information, training requirements, and 
                    security plans..........................         147
173             Shippers--general requirements for shipments 
                    and packagings..........................         457
174             Carriage by rail............................         800
175             Carriage by aircraft........................         827
176             Carriage by vessel..........................         849
177             Carriage by public highway..................         913

[[Page 7]]



         SUBCHAPTER A_HAZARDOUS MATERIALS AND OIL TRANSPORTATION



                        PARTS 100	104 [RESERVED]



PART 105_HAZARDOUS MATERIALS PROGRAM DEFINITIONS AND GENERAL 
PROCEDURES--Table of Contents



                          Subpart A_Definitions

Sec.
105.5  Definitions.

                      Subpart B_General Procedures

105.15  Defined terms used in this subpart.

                Obtaining Guidance and Public Information

105.20  Guidance and interpretations.
105.25  Reviewing public documents.
105.26  Obtaining records on file with PHMSA.
105.30  Information made available to the public and request for 
          confidential treatment.

                            Serving Documents

105.35  Serving documents in PHMSA proceedings.
105.40  Designated agents for non-residents.

                                Subpoenas

105.45  Issuing a subpoena.
105.50  Serving a subpoena.
105.55  Refusal to obey a subpoena.

    Authority: 49 U.S.C. 5101-5128; 49 CFR 1.81 and 1.97.

    Source: 67 FR 42951, June 25, 2002, unless otherwise noted.

    Editorial Note: Nomenclature changes to part 105 appear at 70 FR 
56087, Sept. 23, 2005.



                          Subpart A_Definitions



Sec. 105.5  Definitions.

    (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:
    Approval means a written authorization, including a competent 
authority approval, issued by the Associate Administrator, the Associate 
Administrator's designee, or as otherwise prescribed in the HMR, to 
perform a function for which prior authorization by the Associate 
Administrator is required under subchapter C of this chapter (49 CFR 
parts 171 through 180).
    Associate Administrator means Associate Administrator for Hazardous 
Materials Safety, Pipeline and Hazardous Materials Safety 
Administration.
    Competent Authority means a national agency that is responsible, 
under its national law, for the control or regulation of some aspect of 
hazardous materials (dangerous goods) transportation. Another term for 
Competent Authority is ``Appropriate authority'' which is used in the 
International Civil Aviation Organization's (ICAO) Technical 
Instructions for the Safe Transport of Dangerous Goods by Air. The 
Associate Administrator is the United States Competent Authority for 
purposes of 49 CFR part 107.
    Competent Authority Approval means an approval by the competent 
authority that is required under an international standard (for example, 
the ICAO Technical Instructions for the Safe Transport of Dangerous 
Goods by Air and the International Maritime Dangerous Goods Code). Any 
of the following may be considered a competent authority approval if it 
satisfies the requirement of an international standard:
    (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.
    Federal hazardous material transportation law means 49 U.S.C. 5101 
et seq.

[[Page 8]]

    File or Filed means received by the appropriate PHMSA or other 
designated office within the time specified in a regulation or 
rulemaking document.
    Hazardous material means a substance or material that the Secretary 
of Transportation has determined is capable of posing an unreasonable 
risk to health, safety, and property when transported in commerce, and 
has designated as hazardous under section 5103 of Federal hazardous 
materials transportation law (49 U.S.C. 5103). The term includes 
hazardous substances, hazardous wastes, marine pollutants, elevated 
temperature materials, materials designated as hazardous in the 
Hazardous Materials Table (see 49 CFR 172.101), and materials that meet 
the defining criteria for hazard classes and divisions in part 173 of 
subchapter C of this chapter.
    Hazardous Materials Regulations or HMR means the regulations at 49 
CFR parts 171 through 180.
    Indian tribe has the same meaning given that term in section 4 of 
the Indian Self-Determination and Education Assistance Act (25 U.S.C. 
450b).
    Person means an individual, firm, copartnership, corporation, 
company, association, or joint-stock association (including any trustee, 
receiver, assignee, or similar representative); or a government or 
Indian tribe (or an agency or instrumentality of any government or 
Indian tribe) that transports a hazardous material to further a 
commercial enterprise or offers a hazardous material for transportation 
in commerce. Person does not include the following:
    (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.
    Political subdivision means a municipality; a public agency or other 
instrumentality of one or more States, municipalities, or other 
political body of a State; or a public corporation, board, or commission 
established under the laws of one or more States.
    Preemption determination means an administrative decision by the 
Associate Administrator that Federal hazardous materials law does or 
does not void a specific State, political subdivision, or Indian tribe 
requirement.
    Regulations issued under Federal hazardous material transportation 
law include this subchapter A (parts 105-110) and subchapter C (parts 
171-180) of this chapter, certain regulations in chapter I (United 
States Coast Guard) of title 46, Code of Federal Regulations, and in 
chapters III (Federal Motor Carrier Safety Administration) and XII 
(Transportation Security Administration) of subtitle B of this title, as 
indicated by the authority citations therein.
    Special permit means a document issued by the Associate 
Administrator, the Associate Administrator's designee, or as otherwise 
prescribed in the HMR, under the authority of 49 U.S.C. 5117 permitting 
a person to perform a function that is not otherwise permitted under 
subchapter A or C of this chapter, or other regulations issued under 49 
U.S.C. 5101 et seq. (e.g., Federal Motor Carrier Safety routing 
requirements).
    State means a State of the United States, the District of Columbia, 
the Commonwealth of Puerto Rico, the Commonwealth of the Northern 
Mariana Islands, the Virgin Islands, American Samoa, Guam, or any other 
territory or possession of the United States designated by the 
Secretary.
    Transports or Transportation means the movement of property and 
loading, unloading, or storage incidental to the movement.
    Waiver of Preemption means a decision by the Associate Administrator 
to forego preemption of a non-Federal requirement--that is, to allow a 
State, political subdivision or Indian tribe requirement to remain in 
effect. The non-Federal requirement must provide at least as much public 
protection as the Federal hazardous materials transportation law and the 
regulations

[[Page 9]]

issued under Federal hazardous materials transportation law, and may not 
unreasonably burden commerce.

[67 FR 42951, June 25, 2002, as amended at 68 FR 52846, Sept. 8, 2003; 
70 FR 56087, Sept. 23, 2005; 70 FR 73158, Dec. 9, 2005; 80 FR 54436, 
Sept. 10, 2015]



                      Subpart B_General Procedures



Sec. 105.15  Defined terms used in this subpart.

    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

[67 FR 42951, June 25, 2002, as amended at 70 FR 73159, Dec. 9, 2005]

                Obtaining Guidance and Public Information



Sec. 105.20  Guidance and interpretations.

    (a) Hazardous materials regulations. You can obtain information and 
answers to your questions on compliance with the hazardous materials 
regulations (49 CFR parts 171 through 180) and interpretations of those 
regulations by contacting PHMSA's Office of Hazardous Materials Safety 
as follows:
    (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 
[email protected]
    (3) Obtain hazardous materials safety information via the Internet 
at http://www.phmsa.dot.gov.
    (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) Federal hazardous materials transportation law and preemption. 
You can obtain information and answers to your questions on Federal 
hazardous materials transportation law, 49 U.S.C. 5101 et seq., and 
Federal preemption of State, local, and Indian tribe hazardous material 
transportation requirements, by contacting PHMSA's Office of the Chief 
Counsel as follows:
    (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 http://www.phmsa.dot.gov.
    (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.

[70 FR 56087, Sept. 23, 2005, as amended at 72 FR 55682, Oct. 1, 2007; 
76 FR 56310, Sept. 13, 2011]



Sec. 105.25  Reviewing public documents.

    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) DOT Docket Management System. Unless a particular document says 
otherwise, the following documents are available for public review and 
copying at the Department of Transportation's Docket Management System, 
West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue, SE., 
Washington, DC 20590-0001, or for review and downloading through the 
Internet at http://www.regulations.gov.
    (1) Rulemaking documents in proceedings started after February 1, 
1997, including notices of proposed rulemaking, advance notices of 
proposed rulemaking, public comments, related Federal Register notices, 
final rules,

[[Page 10]]

appeals, and PHMSA's decisions in response to appeals.
    (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 Federal Register notices, public 
comments, and decisions granting or denying applications for special 
permits.
    (3) Applications for preemption determinations and waiver of 
preemption determinations received by PHMSA after February 1, 1997. Also 
available are public comments, Federal Register notices, and PHMSA's 
rulings, determinations, decisions on reconsideration, and orders issued 
in response to those applications.
    (b) Office of Pipeline and Hazardous Materials Safety 
Administration's Office of Hazardous Materials Safety. (1) You may 
obtain documents (e.g., proposed and final rules, notices, letters of 
clarification, safety notices, DOT forms and other documents) by 
contacting the Hazardous Materials Information Center at 1-800-467-4922 
or through the Internet at http://www.phmsa.dot.gov.
    (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.

[70 FR 56088, Sept. 23, 2005, as amended at 70 FR 73159, Dec. 9, 2005; 
72 FR 55682, Oct. 1, 2007; 76 FR 56310, Sept. 13, 2011]



Sec. 105.26  Obtaining records on file with PHMSA.

    To obtain records on file with PHMSA, other than those described in 
Sec. 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.



Sec. 105.30  Information made available to the public and request
for confidential treatment.

    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) Asking for confidential treatment. You may ask us to give 
confidential treatment to information you give to the agency by taking 
the following steps:
    (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

[[Page 11]]

Information Act, 5 U.S.C. 552 or it is information referred to in 18 
U.S.C. 1905).
    (b) PHMSA Decision. PHMSA will decide whether or not to treat your 
information as confidential. We will notify you, in writing, of a 
decision to grant or deny confidentiality at least five days before the 
information is publicly disclosed, and give you an opportunity to 
respond.

[67 FR 42951, June 25, 2002, as amended at 70 FR 73159, Dec. 9, 2005]

                            Serving Documents



Sec. 105.35  Serving documents in PHMSA proceedings.

    (a) Service by PHMSA. We may serve the document by one of the 
following methods, except where a different method of service is 
specifically required:
    (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 Federal Register.
    (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) Service by others. If you are required under this subchapter to 
serve a person with a document, serve the document by one of the 
following methods, except where a different method of service is 
specifically required:
    (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 Sec. 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 http://
www.regulations.gov.

[67 FR 42951, June 25, 2002, as amended at 72 FR 55682, Oct. 1, 2007; 76 
FR 460, Jan. 5, 2011]



Sec. 105.40  Designated agents for non-residents.

    (a) General requirement. If you are not a resident of the United 
States but are required by this subchapter or subchapter C of this 
chapter to designate a permanent resident of the United States to act as 
your agent and receive documents on your behalf, you must prepare a 
designation and file it with us.
    (b) Agents. An agent, also known as ``agent for service of 
process'':
    (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) Preparing a designation. Your designation must be written and 
dated, and it must contain the following information:
    (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.

[[Page 12]]

    (d) Each designation must be submitted to: Approvals and Permits 
Division, Pipeline and Hazardous Materials Safety Administration, Attn: 
PHH-30, U.S. Department of Transportation, East Building, 1200 New 
Jersey Avenue SE., Washington, DC 20590-0001 or by electronic mail to: 
[email protected] or [email protected] as appropriate.
    (e) Designations are binding. You are bound by your designation of 
an agent, even if you did not follow all the requirements in this 
section, until we reject your designation.

[67 FR 42951, June 25, 2002, as amended at 70 FR 56088, Sept. 23, 2005; 
70 FR 73159, Dec. 9, 2005; 72 FR 55682, Oct. 1, 2007; 75 FR 27211, May 
14, 2010; 76 FR 56310, Sept. 13, 2011; 78 FR 15321, Mar. 11, 2013]

                                Subpoenas



Sec. 105.45  Issuing a subpoena.

    (a) Subpoenas explained. A subpoena is a document that may require 
you to attend a proceeding, produce documents or other physical evidence 
in your possession or control, or both. PHMSA may issue a subpoena 
either on its initiative or at the request of someone participating in a 
proceeding. Anyone who requests that PHMSA issue a subpoena must show 
that the subpoena seeks information that will materially advance the 
proceeding.
    (b) Attendance and mileage expenses. (1) If you receive a subpoena 
to attend a proceeding under this part, you may receive money to cover 
attendance and mileage expenses. The attendance and mileage fees will be 
the same as those paid to a witness in a proceeding in the district 
courts of the United States.
    (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 Sec. 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.



Sec. 105.50  Serving a subpoena.

    (a) Personal service. Anyone who is not an interested party and who 
is at least 18 years of age may serve you with a subpoena and fees by 
handing the subpoena and fees to you, by leaving them at your office 
with the individual in charge, or by leaving them at your house with 
someone who lives there and is capable of making sure that you receive 
them. If PHMSA issues a subpoena to an entity, rather than an 
individual, personal service is made by delivering the subpoena and fees 
to the entity's registered agent for service of process or to any 
officer, director or agent in charge of any of the entity's offices.
    (b) Service by mail. You may be served with a copy of a subpoena and 
fees by certified or registered mail at your last known address. Service 
of a subpoena and fees may also be made by registered or certified mail 
to your agent for service of process or any of your representatives at 
that person's last known address.
    (c) Other methods. You may be served with a copy of a subpoena by 
any method where you receive actual notice of the subpoena and receive 
the fees before leaving the hearing at which you testify.
    (d) Filing after service. After service is complete, the individual 
who served a copy of a subpoena and fees must file the original subpoena 
and a certificate of service with the PHMSA official who is responsible 
for conducting the hearing.



Sec. 105.55  Refusal to obey a subpoena.

    (a) Quashing or modifying a subpoena. If you receive a subpoena, you 
can ask PHMSA to overturn (``quash'') or modify the subpoena within 10 
days after the subpoena is served on you. Your request must briefly 
explain the reasons you are asking for the subpoena to be quashed or 
modified. PHMSA may then do the following:
    (1) Deny your request.
    (2) Quash or modify the subpoena.

[[Page 13]]

    (3) Grant your request on the condition that you satisfy certain 
specified requirements.
    (b) Failure to obey. If you disobey a subpoena, PHMSA may ask the 
Attorney General to seek help from the United States District Court for 
the appropriate District to compel you, after notice, to appear before 
PHMSA and give testimony, produce subpoenaed documents or physical 
evidence, or both.



PART 106_RULEMAKING PROCEDURES--Table of Contents



                  Subpart A_PHMSA Rulemaking Documents

Sec.
106.5  Defined terms used in this subpart.
106.10  Process for issuing rules.
106.15  Advance notice of proposed rulemaking.
106.20  Notice of proposed rulemaking.
106.25  Revising regulations without first issuing an ANPRM or NPRM.
106.30  Final rule.
106.35  Interim final rule.
106.40  Direct final rule.
106.45  Tracking rulemaking actions.

            Subpart B_Participating in the Rulemaking Process

106.50  Defined terms used in this subpart.
106.55  Public participation in the rulemaking process.

                            Written Comments

106.60  Filing comments.
106.65  Required information for written comments.
106.70  Where and when to file comments.
106.75  Extension of time to file comments.

                  Public Meetings and Other Proceedings

106.80  Public meeting procedures.
106.85  Requesting a public meeting.
106.90  Other rulemaking proceedings.

                        Petitions for Rulemaking

106.95  Requesting a change to the regulations.
106.100  Required information for a petition for rulemaking.
106.105  PHMSA response to a petition for rulemaking.

                                 Appeals

106.110  Appealing a PHMSA action.
106.115  Required information for an appeal.
106.120  Appeal deadline.
106.125  Filing an appeal.
106.130  PHMSA response to an appeal.

    Authority: 49 U.S.C. 5101-5127; 49 CFR 1.53.

    Source: 67 FR 42954, June 25, 2002, unless otherwise noted.

    Editorial Note: Nomenclature changes to part 106 appear at 70 FR 
56088, Sept. 23, 2005.



                  Subpart A_PHMSA Rulemaking Documents



Sec. 106.5  Defined terms used in this subpart.

    The following defined terms (see part 105, subpart A, of this 
subchapter) appear in this subpart: File; Person; State.



Sec. 106.10  Process for issuing rules.

    (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 Federal Register unless we name and 
personally serve a copy of a rule on every person subject to it:
    (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.

[67 FR 42954, June 25, 2002, as amended at 70 FR 56088, Sept. 23, 2005]

[[Page 14]]



Sec. 106.15  Advance notice of proposed rulemaking.

    An advance notice of proposed rulemaking (ANPRM) tells the public 
that PHMSA is considering an area for rulemaking and requests written 
comments on the appropriate scope of the rulemaking or on specific 
topics. An advance notice of proposed rulemaking may or may not include 
the text of potential changes to a regulation.



Sec. 106.20  Notice of proposed rulemaking.

    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.



Sec. 106.25  Revising regulations without first issuing an ANPRM
or NPRM.

    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 Sec. 106.40).



Sec. 106.30  Final rule.

    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.



Sec. 106.35  Interim final rule.

    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.



Sec. 106.40  Direct 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 Federal Register.
    (a) Actions taken by direct final rule. We may use direct final 
rulemaking procedures to issue rules that do any of the following:
    (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) Adverse comment. An adverse comment explains why a rule would be 
inappropriate, or would be ineffective or unacceptable without a change. 
It may challenge the rule's underlying premise or approach. Under the 
direct final rule process, we do not consider the following types of 
comments to be adverse:
    (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) Confirmation of effective date. We will publish a confirmation 
document in the Federal Register, generally within 15 days after the 
comment period closes, if we have not received an adverse comment or 
notice of intent to file an adverse comment. The confirmation document 
tells the public the effective date of the rule--either the date stated 
in the direct final rule or at least 30 days after the publication

[[Page 15]]

date of the confirmation document, whichever is later.
    (d) Withdrawing a direct final rule. (1) If we receive an adverse 
comment or notice of intent to file an adverse comment, we will publish 
a document in the Federal Register before the effective date of the 
direct final rule advising the public and withdrawing the direct final 
rule in whole or in part.
    (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) Appeal. You may appeal PHMSA's issuance of a direct final rule 
(see Sec. 106.115) only if you have previously filed written comments 
(see Sec. 106.60) to the direct final rule.



Sec. 106.45  Tracking rulemaking actions.

    The following identifying numbers allow you to track PHMSA's 
rulemaking activities:
    (a) Docket number. We assign an identifying number, called a docket 
number, to each rulemaking proceeding. Each rulemaking document that 
PHMSA issues in a particular rulemaking proceeding will display the same 
docket number. This number allows you to do the following:
    (1) Associate related documents that appear in the Federal Register.
    (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 
http://www.regulations.gov.
    (b) Regulation identifier number. The Department of Transportation 
publishes a semiannual agenda of all current and projected Department of 
Transportation rulemakings, reviews of existing regulations, and 
completed actions. This semiannual agenda appears in the Unified Agenda 
of Federal Regulations that is published in the Federal Register in 
April and October of each year. The semiannual agenda tells the public 
about the Department's--including PHMSA's--regulatory activities. The 
Department assigns a regulation identifier number (RIN) to each 
individual rulemaking proceeding in the semiannual agenda. This number 
appears on all rulemaking documents published in the Federal Register 
and makes it easy for you to track those rulemaking proceedings in both 
the Federal Register and the semiannual regulatory agenda itself, as 
well as to locate all documents in the Docket Management System 
pertaining to a particular rulemaking.

[70 FR 56088, Sept. 23, 2005, as amended at 72 FR 55682, Oct. 1, 2007]



            Subpart B_Participating in the Rulemaking Process



Sec. 106.50  Defined terms used in this subpart.

    The following defined terms (see part 105, subpart A, of this 
subchapter) appear in this subpart: File; Person; Political subdivision; 
State.



Sec. 106.55  Public participation in the rulemaking process.

    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.

[[Page 16]]

                            Written Comments



Sec. 106.60  Filing comments.

    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.



Sec. 106.65  Required information for written comments.

    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.



Sec. 106.70  Where and when to file 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 http://www.regulations.gov.
    (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.

[67 FR 42954, June 25, 2002, as amended at 69 FR 54044, Sept. 7, 2004; 
72 FR 55682, Oct. 1, 2007]



Sec. 106.75  Extension of time to file comments.

    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 Federal Register. If PHMSA denies your request, PHMSA will notify 
you of the denial. To ask for more time, you must do the following:
    (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.

[67 FR 42954, June 25, 2002, as amended at 72 FR 55682, Oct. 1, 2007]

                  Public Meetings and Other Proceedings



Sec. 106.80  Public meeting procedures.

    A public meeting is a non-adversarial, fact-finding proceeding 
conducted by a PHMSA representative. Generally, public meetings are 
announced in the Federal Register. Interested persons are invited to 
attend and to present their views to the agency on specific issues. 
There are no formal pleadings and no adverse parties, and any regulation 
issued afterward is not necessarily based exclusively on the record of 
the meeting. Sections 556 and 557 of the Administrative Procedure Act (5 
U.S.C. 556 and 557) do not apply to public meetings under this part.

[[Page 17]]



Sec. 106.85  Requesting a public meeting.

    (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 Federal Register.

[67 FR 42954, June 25, 2002, as amended at 72 FR 55682, Oct. 1, 2007]



Sec. 106.90  Other rulemaking proceedings.

    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.

                        Petitions for Rulemaking



Sec. 106.95  Requesting a change to the regulations.

    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.

[70 FR 56089, Sept. 23, 2005, as amended at 72 FR 55683, Oct. 1, 2007; 
76 FR 56310, Sept. 13, 2011]



Sec. 106.100  Required information for a petition for rulemaking.

    (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.

[[Page 18]]



Sec. 106.105  PHMSA response to a petition for rulemaking.

    We will review and respond to your petition for rulemaking as 
follows:

------------------------------------------------------------------------
                                       And if we
    If your petition is . . .     determine that . .      Then . . .
                                           .
------------------------------------------------------------------------
(a) Incomplete..................   .................  We may return your
                                                       petition with a
                                                       written
                                                       explanation.
------------------------------------------------------------------------
(b) Complete....................  Your petition does  We will notify you
                                   not justify a       in writing that
                                   rulemaking action.  we will not start
                                                       a rulemaking
                                                       proceeding.
------------------------------------------------------------------------
(c) Complete....................  Your petition does  We will notify you
                                   justify a           in writing that
                                   rulemaking action.  we will start a
                                                       rulemaking
                                                       proceeding.
------------------------------------------------------------------------

                                 Appeals



Sec. 106.110  Appealing a PHMSA Action.

    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 
Sec. 106.40(e)).
    (b) Any PHMSA decision on a petition for rulemaking.



Sec. 106.115  Required information for an appeal.

    (a) Appeal of a final rule or withdrawal of a notice of proposed 
rulemaking. If you appeal PHMSA's issuance of a final rule or PHMSA's 
withdrawal of a notice of proposed rulemaking, your appeal must include 
the following:
    (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) Appeal of a decision. If you appeal PHMSA's decision on a 
petition for rulemaking, you must include the following:
    (1) The contested aspects of the decision.
    (2) Any new arguments or information.



Sec. 106.120  Appeal deadline.

    (a) Appeal of a final rule or withdrawal of a notice of proposed 
rulemaking. If you appeal PHMSA's issuance of a final rule or PHMSA's 
withdrawal of a proposed rulemaking, your appeal document must reach us 
no later than 30 days after the date PHMSA published the regulation or 
the withdrawal notice in the Federal Register. After that time, PHMSA 
will consider your appeal to be a petition for rulemaking under 
Sec. 106.100.
    (b) Appeal of a decision. If you appeal PHMSA's decision on a 
petition for rulemaking, your appeal document must reach us no later 
than 30 days from the date PHMSA served you with written notice of 
PHMSA's decision.

[70 FR 56089, Sept. 23, 2005]



Sec. 106.125  Filing an appeal.

    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.

[67 FR 42954, June 25, 2002, as amended at 72 FR 55682, Oct. 1, 2007]



Sec. 106.130  PHMSA response to an appeal.

    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) Appeal of a final rule or withdrawal of a notice of proposed 
rulemaking. (1) We may consolidate your appeal with other appeals of the 
same rule.
    (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.

[[Page 19]]

    (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 Federal 
Register. 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. We 
will also publish a notice of the delay in the Federal Register.
    (b) Appeal of a decision. (1) We will not consider your appeal if it 
merely repeats arguments that PHMSA has previously rejected.
    (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.



PART 107_HAZARDOUS MATERIALS PROGRAM PROCEDURES--Table of Contents



                          Subpart A_Definitions

Sec.
107.1  Definitions.

                        Subpart B_Special Permits

107.101  Purpose and scope.
107.105  Application for special permit.
107.107  Application for party status.
107.109  Application for renewal.
107.111  Withdrawal.
107.113  Application processing and evaluation.
107.117  Emergency processing.
107.121  Modification, suspension or termination of special permit or 
          grant of party status.
107.123  Reconsideration.
107.125  Appeal.
107.127  Availability of documents for public inspection.

                          Subpart C_Preemption

107.201  Purpose and scope.
107.202  Standards for determining preemption.

                        Preemption Determinations

107.203  Application.
107.205  Notice.
107.207  Processing.
107.209  Determination.
107.211  Petition for reconsideration.
107.213  Judicial review.

                   Waiver of Preemption Determinations

107.215  Application.
107.217  Notice.
107.219  Processing.
107.221  Determination.
107.223  Petition for reconsideration.
107.227  Judicial review.

                          Subpart D_Enforcement

107.301  Delegated authority for enforcement.
107.303  Purpose and scope.
107.305  Investigations.

                  Compliance Orders and Civil Penalties

107.307  General.
107.309  Warning letters.
107.310  Ticketing.
107.311  Notice of probable violation.
107.313  Reply.
107.315  Admission of violations.
107.317  Informal response.
107.319  Request for a hearing.
107.321  Hearing.
107.323  ALJ's decision.
107.325  Appeals.
107.327  Compromise and settlement.
107.329  Maximum penalties.
107.331  Assessment considerations.

                           Criminal Penalties

107.333  Criminal penalties generally.
107.335  Referral for prosecution.
107.336  Limitation on fines and penalties.

                            Injunctive Action

107.337  Injunctions generally.
107.338  Prohibition of hazardous materials operations.
107.339  Imminent hazards.

Appendix A to Subpart D of Part 107--Guidelines for Civil Penalties

      Subpart E_Designation of Approval and Certification Agencies

107.401  Purpose and scope.
107.402  Application for designation as an approval or certification 
          agency.
107.403  Designation of certification agencies.
107.404  Conditions of designation.

[[Page 20]]

107.405  [Reserved]

   Subpart F_Registration of Cargo Tank and Cargo Tank Motor Vehicle 
 Manufacturers, Assemblers, Repairers, Inspectors, Testers, and Design 
                          Certifying Engineers

107.501  Scope.
107.502  General registration requirements.
107.503  Registration statement.
107.504  Period of registration, updates, and record retention.

   Subpart G_Registration of Persons Who Offer or Transport Hazardous 
                                Materials

107.601  Applicability.
107.606  Exceptions.
107.608  General registration requirements.
107.612  Amount of fee.
107.616  Payment procedures.
107.620  Recordkeeping requirements.

           Subpart H_Approvals, Registrations and Submissions

107.701  Purpose and scope.
107.705  Registrations, reports, and applications for approval.
107.709  Processing of an application for approval, including an 
          application for renewal or modification.
107.711  Withdrawal.
107.713  Approval modification, suspension or termination.
107.715  Reconsideration.
107.717  Appeal.

    Subpart I_Approval of Independent Inspection Agencies, Cylinder 
   Requalifiers, and Non-domestic Chemical Analyses and Tests of DOT 
                         Specification Cylinders

107.801  Purpose and scope.
107.803  Approval of an independent inspection agency (IIA).
107.805  Approval of cylinder and pressure receptacle requalifiers.
107.807  Approval of non-domestic chemical analyses and tests.
107.809  Conditions of UN pressure receptacle approvals.

Appendix A to Part 107--Standard Operating Procedures for Special 
          Permits and Approvals

    Authority: 49 U.S.C. 5101-5128, 44701; Pub. L. 101-410 section 4; 
Pub. L. 104-121, sections 212-213; Pub. L. 104-134, section 31001; Pub. 
L. 114-74 section 4 (28 U.S.C. 2461 note); 49 CFR 1.81 and 1.97.

    Editorial Note: 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.



                          Subpart A_Definitions



Sec. 107.1  Definitions.

    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:
    Acting knowingly means acting or failing to act while
    (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.
    Administrator means the Administrator, Pipeline and Hazardous 
Materials Safety Administration or his or her delegate.
    Applicant means the person in whose name a special permit, approval, 
registration, a renewed or modified special permit or approval, or party 
status to a special permit is requested to be issued.
    Applicant fitness means a determination by PHMSA, the Associate 
Administrator's designee, or as otherwise prescribed in the HMR, that a 
special permit or approval applicant is fit to conduct operations 
requested in the application or an authorized special permit or 
approval.
    Application means a request under subpart B of this part for a 
special permit, a renewal or modification of a special permit, party 
status to a special permit, or a request under subpart H of this part 
for an approval, or renewal or modification of an approval.
    Approval means a written authorization, including a competent 
authority approval, issued by the Associate Administrator, the Associate 
Administrator's designee, or as otherwise prescribed in the HMR, to 
perform a function for which prior authorization by the Associate 
Administrator is required under subchapter C of this chapter (49 CFR 
parts 171 through 180).
    Approval Agency means an organization or a person designated by the 
PHMSA to certify packagings as having been designed, manufactured, 
tested, modified, marked or maintained in compliance with applicable DOT 
regulations.
    Associate Administrator means the Associate Administrator for 
Hazardous

[[Page 21]]

Materials Safety, Pipeline and Hazardous Materials Safety 
Administration.
    Competent Authority means a national agency that is responsible, 
under its national law, for the control or regulation of some aspect of 
hazardous materials (dangerous goods) transportation. Another term for 
Competent Authority is ``Appropriate authority,'' which is used in the 
International Civil Aviation Organization's (ICAO) Technical 
Instructions for the Safe Transport of Dangerous Goods by Air. The 
Associate Administrator is the United States Competent Authority for 
purposes of this part 107.
    Competent Authority Approval means an approval by the competent 
authority that is required under an international standard (for example, 
the ICAO Technical Instructions for the Safe Transport of Dangerous 
Goods by Air and the International Maritime Dangerous Goods Code). Any 
of the following may be considered a competent authority approval if it 
satisfies the requirement of an international standard:
    (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.
    DOT or Department means U.S. Department of Transportation.
    Federal hazardous material transportation law means 49 U.S.C. 5101 
et seq.
    Filed means received by the appropriate PHMSA or other designated 
office within the time specified in a regulation or rulemaking document.
    Fit or fitness means demonstrated and documented knowledge and 
capabilities resulting in the assurance of a level of safety and 
performance necessary to ensure compliance with the applicable 
provisions and requirements of subchapter C of this chapter or a special 
permit or approval issued under subchapter C of this chapter.
    Fitness coordinator means the PHMSA Field Operations (FOPS) Division 
officer or an authorized representative or special agent of DOT upon 
request, such as an Operating Administration (OA) representative, that 
conducts reviews regarding an organization's hazardous materials 
operations, including such areas as accident history, on-site 
inspection, compliance data, and other safety and transportation records 
to determine whether a special permit or approval applicant is 
determined to be fit as prescribed in Secs. 107.113(f)(5) and 
107.709(d)(5).
    Holder means the person in whose name a special permit or approval 
has been issued.
    Imminent Hazard means the existence of a condition which presents a 
substantial likelihood that death, serious illness, severe personal 
injury, or substantial endangerment to health, property, or the 
environment may occur before the reasonably foreseeable completion of an 
administrative hearing or other formal proceeding initiated to abate the 
risks of those effects.
    Incident means an event resulting in the unintended and 
unanticipated release of a hazardous material or an event meeting 
incident reporting requirements in Sec. 171.15 or Sec. 171.16 of this 
chapter.
    Indian Tribe has the same meaning given that term in section 4 of 
the Indian Self-Determination and Education Assistance Act (25 U.S.C. 
450b).
    Insufficient corrective action means that either a PHMSA Field 
Operations (FOPS) Division officer or an authorized representative or 
special agent of DOT upon request, such as an Operating Administration 
(OA) representative, has determined that evidence of an applicant's 
corrective action in response to prior enforcement cases is inadequate 
or incomplete and the basic safety management controls proposed for the 
type of hazardous material, packaging, procedures, and/or mode of 
transportation remain inadequate to prevent recurrence of a violation.
    Investigation includes investigations authorized under 49 U.S.C. 
5121 and inspections authorized under 49 U.S.C. 5118 and 5121.
    Manufacturing special permit means a special permit from compliance 
with specified requirements that otherwise must be met before 
representing, marking, certifying (including requalifying, inspecting, 
and testing), selling or offering a packaging or container as

[[Page 22]]

meeting the requirements of subchapter C of this chapter governing its 
use in the transportation in commerce of a hazardous material. A 
manufacturing special permit is a special permit issued to a 
manufacturer of packagings who does not offer for transportation or 
transport hazardous materials in packagings subject to the special 
permit.
    Party means a person, other than a holder, authorized to act under 
the terms of a special permit.
    Person means an individual, firm, copartnership, corporation, 
company, association, or joint-stock association (including any trustee, 
receiver, assignee, or similar representative); or a government or 
Indian tribe (or an agency or instrumentality of any government or 
Indian tribe) that transports a hazardous material to further a 
commercial enterprise or offers a hazardous material for transportation 
in commerce. Person does not include the following:
    (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.
    Registration means a written acknowledgment from the Associate 
Administrator that a registrant is authorized to perform a function for 
which registration is required under subchapter C of this chapter (e.g., 
registration in accordance with 49 CFR 178.503 regarding marking of 
packagings). For purposes of subparts A through E, ``registration'' does 
not include registration under subpart F or G of this part.
    Report means information, other than an application, registration or 
part thereof, required to be submitted to the Associate Administrator 
pursuant to this subchapter, subchapter B or subchapter C of this 
chapter.
    Respondent means a person upon whom the PHMSA has served a notice of 
probable violation.
    Special permit means a document issued by the Associate 
Administrator, the Associate Administrator's designee, or as otherwise 
prescribed in the HMR, under the authority of 49 U.S.C. 5117 permitting 
a person to perform a function that is not otherwise permitted under 
subchapters A or C of this chapter, or other regulations issued under 49 
U.S.C. 5101 et seq. (e.g., Federal Motor Carrier Safety routing 
requirements).
    State means a State of the United States, the District of Columbia, 
the Commonwealth of Puerto Rico, the Commonwealth of the Northern 
Mariana Islands, the Virgin Islands, American Samoa, Guam, or any other 
territory or possession of the United States designated by the 
Secretary.
    Sufficient corrective action means that either a PHMSA Field 
Operations officer or an authorized representative or special agent of 
DOT upon request, such as an Operating Administration (OA) 
representative, has determined that evidence of an applicant's 
corrective action in response to prior enforcement cases is sufficient 
and the basic safety management controls proposed for the type of 
hazardous material, packaging, procedures, and/or mode of transportation 
are adequate.
    Transports or transportation means the movement of property and 
loading, unloading, or storage incidental to the movement.

[Amdt. 107-3, 41 FR 38170, Sept. 9, 1976]

    Editorial Note: For Federal Register citations affecting Sec. 107.1, 
see the List of CFR Sections Affected, which appears in the Finding Aids 
section of the printed volume and at www.fdsys.gov.



                        Subpart B_Special Permits

    Source: Amdt. 107-38, 61 FR 21095, May 9, 1996, unless otherwise 
noted.



Sec. 107.101  Purpose and scope.

    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.

[[Page 23]]



Sec. 107.105  Application for special permit.

    (a) General. Each application for a special permit or modification 
of a special permit and all supporting documents must be written in 
English and submitted for timely consideration at least 120 days before 
the requested effective date and conform to the following requirements:
    (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: 
[email protected]; or
    (iv) Be submitted using PHMSA's online system (table of contents 
omitted) at: http://www.phmsa.dot.gov /hazmat/regs/sp-a.
    (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 Sec. 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 name of the company to which the registration number is 
assigned if different from the applicant. For persons not 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 a statement indicating that registration is not 
required.
    (b) Confidential treatment. To request confidential treatment for 
information contained in the application, the applicant must comply with 
Sec. 105.30(a).
    (c) Description of special permit proposal. The application must 
include the following information that is relevant to the special permit 
proposal:
    (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 (e.g., 
alternative packaging, test, procedure, activity, or hazard 
communication, including marking and labeling requirements) including, 
as appropriate, written descriptions, drawings, flow charts, plans and 
other supporting documents;
    (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

[[Page 24]]

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 
Sec. 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 (see Columns 9A and 9B in the 
table in 49 CFR 172.101), a certification from an applicant for a 
special permit to transport such Class 1 material on passenger-carrying 
or cargo-only aircraft with a maximum certificated takeoff weight of 
less than 12,500 pounds that no person within the categories listed in 
18 U.S.C. 842(i) will participate in the transportation of the Class 1 
material.
    (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) Justification of special permit proposal. The application must 
demonstrate that a special permit achieves a level of safety at least 
equal to that required by regulation, or if a required safety level does 
not exist, is consistent with the public interest. At a minimum, the 
application must provide the following:
    (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 
(e.g., failure mode and effect analysis), that the proposed alternative 
will achieve a level of safety that 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, 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.

[76 FR 460, Jan. 5, 2011, as amended at 76 FR 44500, July 26, 2011; 76 
FR 43524, July 20, 2011; 76 FR 56310, Sept. 13, 2011]



Sec. 107.107  Application for party status.

    (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: 
specialpermits[email protected], or on-line at: http://www.phmsa.dot.gov /hazmat/
regs/sp-a.

[[Page 25]]

    (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 Sec. 105.40 
of part.
    (5) For a Class 1 material that is forbidden for transportation by 
aircraft except under a special permit (see Columns 9A and 9B in the 
table in 49 CFR 172.101), a certification from an applicant for party 
status to a special permit to transport such Class 1 material on 
passenger-carrying or cargo-only aircraft with a maximum certificated 
takeoff weight of less than 12,500 pounds that no person within the 
categories listed in 18 U.S.C. 842(i) will participate in the 
transportation of the Class 1 material.
    (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 Sec. 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 Sec. 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 Sec. 107.109 apply.

[76 FR 461, Jan. 5, 2011, as amended at 76 FR 44500, July 26, 2011; 76 
FR 43524, July 20, 2011; 76 FR 56310, Sept. 13, 2011]



Sec. 107.109  Application for renewal.

    (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: 
[email protected]; or on-line at: http://www.phmsa.dot.gov /hazmat/
regs/sp-a.
    (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

[[Page 26]]

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 (e.g., all section 
references, shipping descriptions, etc.) and complete; or include an 
amendment to the previously submitted application as is necessary to 
update and ensure the accuracy and completeness of the application, with 
certification by the applicant that the application as amended is 
accurate and complete.
    (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 (see Columns 9A and 9B in the 
table in 49 CFR 172.101), an application to renew a special permit to 
transport such Class 1 material on passenger-carrying or cargo-only 
aircraft with a maximum certificated takeoff weight of less than 12,500 
pounds must certify that no person within the categories listed in 18 
U.S.C. 842(i) will participate in the transportation of the Class 1 
material.
    (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.

[76 FR 462, Jan. 5, 2011, as amended at 76 FR 44501, July 26, 2011; 76 
FR 43524, July 20, 2011; 76 FR 56310, Sept. 13, 2011]



Sec. 107.111  Withdrawal.

    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 
Sec. 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

[[Page 27]]

the confidential treatment of the materials notifies the Associate 
Administrator that the confidential treatment is no longer required.



Sec. 107.113  Application processing and evaluation.

    (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 in conformance with the standard operating 
procedures specified in appendix A of this part (``Standard Operating 
Procedures for Special Permits and Approvals'') to determine if it is 
complete and conforms with the requirements of this subpart. This 
determination will typically 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 typically within 15 days of receipt of an 
application for renewal of a special permit. If an application is 
determined to be incomplete, the Associate Administrator may reject the 
application. If that occurs, PHMSA will inform the applicant of the 
deficiency in writing.
    (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 Federal 
Register, and an opportunity for public comment is provided. All 
comments received during the comment period are considered before final 
action is taken on the application.
    (c) No public hearing or other formal proceeding is required under 
this subpart before the disposition of an application. Unless emergency 
processing under Sec. 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

[[Page 28]]

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 Federal Register a 
list of all special permit grants, denials, and modifications and all 
special permit applications withdrawn under this section.

[Amdt. 107-38, 61 FR 21095, May 9, 1996, as amended at 67 FR 61011, 
Sept. 27, 2002; 70 FR 73161, Dec. 9, 2005; 76 FR 463, Jan. 5, 2011; 80 
FR 54437, Sept. 10, 2015]



Sec. 107.117  Emergency processing.

    (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 
Sec. 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) Certificate-Holding Aircraft: The Federal Aviation 
Administration Civil Aviation Security Office that serves the place 
where the flight will originate or that is responsible for the aircraft 
operator's overall aviation security program. The nearest Civil Aviation 
Security Office may be located by calling the FAA Duty Officer, 202-267-
3333 (any hour).
    (2) Noncertificate-Holding Aircraft (Those Which Operate Under 14 
CFR Part 91): The Federal Aviation Administration Civil Aviation 
Security Office that serves the place where the flight will originate. 
The nearest Civil Aviation Security Office may be located by calling the 
FAA Duty Officer, 202-267-3333 (any hour).
    (3) Motor Vehicle Transportation: Chief, Hazardous Materials 
Division, Federal Motor Carrier Safety Administration, U.S. Department 
of Transportation, Washington, DC 20590-0001, 202-385-2400 (day); 1-800-
424-8802 (night).
    (4) Rail Transportation: Staff Director, Hazardous Materials 
Division, Office of Safety Assurance and Compliance, Federal Railroad 
Administration, U.S. Department of Transportation, Washington, DC 20590-
0001, 202-493-6248 or 202-493-6244 (day); 1-800-424-8802 (night).
    (5) Water Transportation: Chief, Hazardous Materials Standards 
Division, Office of Operating and Environmental Standards, U.S. Coast 
Guard, U.S. Department of Homeland Security, Washington, DC 20593-0001; 
202-372-1420 (day); 1-800-424-8802 (night).
    (e) Upon receipt of all information necessary to process the 
application, the receiving Department official transmits to the 
Associate Administrator, by the most rapidly available means of 
communication, an evaluation as to whether an emergency exists under 
Sec. 107.117(a) and, if appropriate, recommendations as to the 
conditions to be included in the special permit. The Associate 
Administrator will review an application for emergency processing of a 
special permit in conformance with the standard operating

[[Page 29]]

procedures specified in appendix A of this part (``Standard Operating 
Procedures for Special Permits and Approvals'') to determine if it is 
complete and conforms with the requirements of this subpart. If the 
Associate Administrator determines that an emergency exists under 
Sec. 107.117(a) and that, with reference to the criteria of 
Sec. 107.113(f), granting of the application is in the public interest, 
the Associate Administrator will grant the application subject to such 
terms as necessary and immediately notify 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 will be notified immediately.
    (f) A determination that an emergency does not exist is not subject 
to reconsideration under Sec. 107.123 of this part.
    (g) Within 90 days following issuance of an emergency special 
permit, the Associate Administrator will publish, in the Federal 
Register, a notice of issuance with a statement of the basis for the 
finding of emergency and the scope and duration of the special permit.

[Amdt. 107-38, 61 FR 21095, May 9, 1996, as amended at 62 FR 51556, Oct. 
1, 1997; 64 FR 51914, Sept. 27, 1999; 65 FR 58618, Sept. 29, 2000; 66 FR 
45377, Aug. 28, 2001; 67 FR 61011, Sept. 27, 2002; 70 FR 56090, Sept. 
23, 2005; 75 FR 53596, Sept. 1, 2010; 76 FR 463, Jan. 5, 2011; 80 FR 
54437, Sept. 10, 2015]



Sec. 107.121  Modification, suspension or termination of special
permit or grant of party status.

    (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 Sec. 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 why the proposed action should not be taken.
    (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.

[76 FR 463, Jan. 5, 2011]



Sec. 107.123  Reconsideration.

    (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 Sec. 107.113(g), 
Sec. 107.117(e) or Sec. 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;

[[Page 30]]

    (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.

[76 FR 463, Jan. 5, 2011]



Sec. 107.125  Appeal.

    (a) A person who requested reconsideration under Sec. 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.

[Amdt. 107-38, 61 FR 21095, May 9, 1996, as amended at 76 FR 463, Jan. 
5, 2011]



Sec. 107.127  Availability of documents for public inspection.

    (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 http://www.regulations.gov.
    (b) Documents available for inspection do not include materials 
determined to be withheld from public disclosure under Sec. 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.

[Amdt. 107-38, 61 FR 21095, May 9, 1996, as amended at 65 FR 58618, 
Sept. 29, 2000; 66 FR 45377, Aug. 28, 2001; 67 FR 61011, Sept. 27, 2002; 
70 FR 73162, Dec. 9, 2005; 72 FR 55683, Oct. 1, 2007; 76 FR 56310, Sept. 
13, 2011]



                          Subpart C_Preemption



Sec. 107.201  Purpose and scope.

    (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]

[[Page 31]]

    (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.

[Amdt. 107-3, 41 FR 38171, Sept. 9, 1976, as amended by Amdt. 107-24, 56 
FR 8622, Feb. 28, 1991; Amdt. 107-25, 57 FR 20428, May 13, 1992; Amdt. 
107-32, 59 FR 49130, Sept. 26, 1994; Amdt. 107-35, 60 FR 49108, Sept. 
21, 1995; Amdt. 107-38, 61 FR 21098, May 9, 1996; 68 FR 52846, Sept. 8, 
2003; 71 FR 30067, May 25, 2006]



Sec. 107.202  Standards for determining preemption.

    (a) Except as provided in Sec. 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 and other 
written hazardous materials transportation incident reporting involving 
State or local emergency responders in the initial response to the 
incident.
    (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 Sec. 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 maintaining a capability for 
emergency response.
    (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 de minimis 
changes are permitted.

[Amdt. 107-24, 56 FR 8622, Feb. 28, 1991, as amended by Amdt. 107-25, 57 
FR 20428, May 13, 1992; Amdt. 107-29, 58 FR 51527, Oct. 1, 1993; Amdt. 
107-32, 59 FR 49130, Sept. 26, 1994; Amdt. 107-38, 61 FR 21098, May 9, 
1996; Amdt. 107-39, 61 FR 51337, Oct. 1, 1996; 68 FR 52847, Sept. 8, 
2003; 77 FR 60939, Oct. 5, 2012]

                        Preemption Determinations



Sec. 107.203  Application.

    (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

[[Page 32]]

determination as to whether that requirement is preempted by 
Sec. 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 
[email protected]
    (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 Sec. 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 Federal 
Register of an application received under paragraph (a) of this section, 
no applicant for such determination may seek relief with respect to the 
same or substantially the same issue in any court until final action has 
been taken on the application or until 180 days after filing of the 
application, whichever occurs first. Nothing in Sec. 107.203(a) 
prohibits a State or political subdivision thereof or Indian tribe, or 
any other person directly affected by any requirement of a State or 
political subdivision thereof or Indian tribe, from seeking a 
determination of preemption in any court of competent jurisdiction in 
lieu of applying to the Chief Counsel under paragraph (a) of this 
section.

[Amdt. 107-24, 56 FR 8622, Feb. 28, 1991, as amended by Amdt. 107-25, 57 
FR 20428, May 13, 1992; Amdt. 107-32, 59 FR 49131, Sept. 26, 1994; Amdt. 
107-38, 61 FR 21098, May 9, 1996; 68 FR 52847, Sept. 8, 2003; 71 FR 
30067, May 25, 2006; 72 FR 55683, Oct. 1, 2007]



Sec. 107.205  Notice.

    (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 this paragraph and must include the 
names and addresses of each State, political subdivision, or Indian 
tribe official to whom a copy of the application was sent.
    (b) The Chief Counsel will publish notice of, including an 
opportunity to comment on, an application in the Federal Register and 
may notify in writing any person readily identifiable as affected by the 
outcome of the determination.
    (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.

[Amdt. 107-38, 61 FR 21098, May 9, 1996, as amended at 71 FR 30067, May 
25, 2006]

[[Page 33]]



Sec. 107.207  Processing.

    (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.

[Amdt. 107-3, 41 FR 38171, Sept. 9, 1976, as amended by Amdt. 107-24, 56 
FR 8621, 8622, Feb. 28, 1991; Amdt. 107-38, 61 FR 21098, May 9, 1996; 71 
FR 30067, May 25, 2006]



Sec. 107.209  Determination.

    (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 Federal Register, at which time the 
determination becomes a final agency action.
    (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.

[Amdt. 107-24, 56 FR 8623, Feb. 28, 1991, as amended by Amdt. 107-25, 57 
FR 20428, May 13, 1992; Amdt. 107-32, 59 FR 49131, Sept. 26, 1994; Amdt. 
107-38, 61 FR 21098, May 9, 1996; 68 FR 52847, Sept. 8, 2003; 71 FR 
30067, May 25, 2006]



Sec. 107.211  Petition for reconsideration.

    (a) Any person aggrieved by a determination issued under 
Sec. 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 Sec. 107.203(b), within 20 days of publication of the 
determination in the Federal Register.
    (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 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 Federal Register, at 
which time the

[[Page 34]]

decision on the petition for reconsideration becomes a final agency 
action.

[Amdt. 107-25, 57 FR 20428, May 13, 1992, as amended by Amdt. 107-38, 61 
FR 21099, May 9, 1996; 71 FR 30067, May 25, 2006]



Sec. 107.213  Judicial review.

    A party to a proceeding under Sec. 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.

[71 FR 30068, May 25, 2006]

                   Waiver of Preemption Determinations



Sec. 107.215  Application.

    (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 
[email protected]
    (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 
Sec. 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 Sec. 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.

[Amdt. 107-3, 41 FR 38171, Sept. 9, 1976, as amended by Amdt. 107-22, 55 
FR 39978, Oct. 1, 1990; Amdt. 107-24, 56 FR 8621, 8623, Feb. 28, 1991; 
56 FR 15510, Apr. 17, 1991; Amdt. 107-23, 56 FR 66156, Dec. 20, 1991; 
Amdt. 107-25, 57 FR 20428, May 13, 1992; Amdt. 107-32, 59 FR 49131, 
Sept. 26, 1994; Amdt. 107-38, 61 FR 21099, May 9, 1996; 68 FR 52847, 
Sept. 8, 2003; 71 FR 30068, May 25, 2006; 72 FR 55683, Oct. 1, 2007]



Sec. 107.217  Notice.

    (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

[[Page 35]]

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 Federal 
Register. Late-filed comments are considered so far as practicable.
    (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.

[Amdt. 107-3, 41 FR 38171, Sept. 9, 1976, as amended by Amdt. 107-24, 56 
FR 8621, Feb. 28, 1991; Amdt. 107-25, 57 FR 20429, May 13, 1992; Amdt. 
107-38, 61 FR 21099, May 9, 1996; 71 FR 30068, May 25, 2006]



Sec. 107.219  Processing.

    (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 
Sec. 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 
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.
    (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 Sec. 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 Sec. 107.217.

[[Page 36]]

    (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.

[Amdt. 107-3, 41 FR 38171, Sept. 9, 1976, as amended by Amdt. 107-24, 56 
FR 8621, 8623, Feb. 28, 1991; Amdt. 107-32, 59 FR 49131, Sept. 26, 1994; 
Amdt. 107-38, 61 FR 21099, May 9, 1996; 65 FR 58618, Sept. 29, 2000; 68 
FR 52847, Sept. 8, 2003; 69 FR 54044, Sept. 7, 2004; 71 FR 30068, May 
25, 2006]



Sec. 107.221  Determination.

    (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 Federal Register, at which time the 
determination becomes a final agency action.
    (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.

[Amdt. 107-38, 61 FR 21099, May 9, 1996, as amended at 68 FR 52848, 
Sept. 8, 2003; 71 FR 30068, May 25, 2006]



Sec. 107.223  Petition for reconsideration.

    (a) Any person aggrieved by a determination under Sec. 107.221 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 
Sec. 107.215(b), within 20 days of publication of the determination in 
the Federal Register.
    (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

[[Page 37]]

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 Federal Register, at 
which time the decision on the petition for reconsideration becomes a 
final agency action.

[Amdt. 107-25, 57 FR 20429, May 13, 1992, as amended by Amdt. 107-38, 61 
FR 21099, May 9, 1996; 71 FR 30068, May 25, 2006]



Sec. 107.227  Judicial review.

    A party to a proceeding under Sec. 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.

[71 FR 30068, May 25, 2006]



                          Subpart D_Enforcement

    Source: Amdt. 107-11, 48 FR 2651, Jan. 20, 1983, unless otherwise 
noted.



Sec. 107.301  Delegated authority for enforcement.

    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 Sec. 1.53 of this title.

[Amdt. 107-11, 48 FR 2651, Jan. 20, 1983, as amended by Amdt. 107-24, 56 
FR 8621, Feb. 28, 1991; Amdt. 107-32, 59 FR 49131, Sept. 26, 1994]



Sec. 107.303  Purpose and scope.

    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.

[Amdt. 107-11, 48 FR 2651, Jan. 20, 1983, as amended by Amdt. 107-15, 51 
FR 34986, Oct. 1, 1986; Amdt. 107-24, 56 FR 8621, Feb. 28, 1991]



Sec. 107.305  Investigations.

    (a) General. In accordance with its delegated authority under part 1 
of this title, the Associate Administrator may initiate investigations 
relating to compliance by any person with any provisions of this 
subchapter or subchapter C of this chapter, or any special permit, 
approval, or order issued thereunder, or any court decree relating 
thereto. The Associate Administrator encourages voluntary production of 
documents in accordance with and subject to Sec. 105.45, and hearings 
may be conducted, and depositions taken pursuant to 49 U.S.C. 5121(a). 
The Associate Administrator may conduct investigative conferences and 
hearings in the course of any investigation.
    (b) Investigations and Inspections. Investigations under 49 U.S.C. 
5121(a) are conducted by personnel duly authorized for that purpose by 
the Associate Administrator. Inspections under 49 U.S.C. 5121(c) are 
conducted by Hazardous Materials Enforcement Specialists or Hazardous 
Materials Compliance Investigators, also known as ``hazmat 
investigators'' or ``investigators,'' whom the Associate Administrator 
has designated for that purpose.
    (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

[[Page 38]]

evidence materially will advance a determination of compliance with this 
subchapter or subchapter C. Service of a subpoena shall be in accordance 
with Sec. 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 Sec. 105.55(a). A subpoena issued under this paragraph 
may be enforced in accordance with Sec. 105.55(b).
    (c) Notification. Any person who is the subject of an Associate 
Administrator investigation and who is requested to furnish information 
or documentary evidence is notified as to the general purpose for which 
the information or evidence is sought.
    (d) Termination. When the facts disclosed by an investigation 
indicate that further action is unnecessary or unwarranted at that time, 
the person being investigated is notified and the investigative file is 
closed without prejudice to further investigation by the Associate 
Administrator.
    (e) Confidentiality. Information received in an investigation under 
this section, including the identity of the person investigated and any 
other person who provides information during the investigation, shall 
remain confidential under the investigatory file exception, or other 
appropriate exception, to the public disclosure requirements of 5 U.S.C. 
552.

[Amdt. 107-11, 48 FR 2651, Jan. 20, 1983, as amended by Amdt. 107-24, 56 
FR 8621, Feb. 28, 1991; Amdt. 107-32, 59 FR 49131, Sept. 26, 1994; Amdt. 
107-38, 61 FR 21099, May 9, 1996; 66 FR 45377, Aug. 28, 2001; 67 FR 
61011, Sept. 27, 2002; 73 FR 4711, Jan. 28, 2008; 76 FR 56311, Sept. 13, 
2011]

                  Compliance Orders and Civil Penalties



Sec. 107.307  General.

    (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 Sec. 107.309;
    (2) Initiate proceedings to assess a civil penalty, as provided in 
either Sec. 107.310 or Sec. 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.

[Amdt. 107-11, 48 FR 2651, Jan. 20, 1983, as amended by Amdt. 107-32, 59 
FR 49131, Sept. 26, 1994; Amdt. 107-36, 61 FR 7183, Feb. 26, 1996; 66 FR 
45377, Aug. 28, 2001; 70 FR 73162, Dec. 9, 2005]



Sec. 107.309  Warning letters.

    (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

[[Page 39]]

information or explanations concerning the probable violations cited 
therein.

[Amdt. 107-11, 48 FR 2651, Jan. 20, 1983, as amended by Amdt. 107-15, 51 
FR 34986, Oct. 1, 1986; Amdt. 107-24, 56 FR 8621, Feb. 28, 1991; Amdt. 
107-32, 59 FR 49131, Sept. 26, 1994; Amdt. 107-36, 61 FR 7183, Feb. 26, 
1996; 66 FR 45377, Aug. 28, 2001]



Sec. 107.310  Ticketing.

    (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 Sec. 107.317, or request a 
formal administrative hearing under Sec. 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 Secs. 107.307-107.339, except that the 
Office of the Chief Counsel will not issue a Notice of Probable 
Violation under Sec. 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.

[Amdt. 107-36, 61 FR 7183, Feb. 26, 1996, as amended at 66 FR 45377, 
Aug. 28, 2001]



Sec. 107.311  Notice of probable violation.

    (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

[[Page 40]]

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.

[Amdt. 107-11, 48 FR 2651, Jan. 20, 1983, as amended at 50 FR 45730, 
Nov. 1, 1985; Amdt. 107-24, 56 FR 8624, Feb. 28, 1991; Amdt. 107-32, 59 
FR 49131, Sept. 26, 1994; Amdt. 107-35, 60 FR 49108, Sept. 21, 1995; 
Amdt. 107-36, 61 FR 7184, Feb. 26, 1996]



Sec. 107.313  Reply.

    (a) Within 30 days of receipt of a notice of probable violation, the 
respondent must either:
    (1) Admit the violation under Sec. 107.315;
    (2) Make an informal response under Sec. 107.317; or
    (3) Request a hearing under Sec. 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.



Sec. 107.315  Admission of violations.

    (a) In responding to a notice of probable violation issued under 
Sec. 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.

[Amdt. 107-11, 48 FR 265l, Jan. 20, 1983, as amended by Amdt. 107-23, 57 
FR 45453, Oct. 1, 1992; Amdt. 107-29, 58 FR 51527, Oct. 1, 1993; Amdt. 
107-38, 61 FR 21100, May 9, 1996; 68 FR 52848, Sept. 8, 2003]



Sec. 107.317  Informal response.

    (a) In responding to a notice of probable violation under 
Sec. 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

[[Page 41]]

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.

[Amdt. 107-11, 48 FR 2651, Jan. 20, 1983, as amended by Amdt. 107-23, 56 
FR 66157, Dec. 20, 1991; 66 FR 45377, Aug. 28, 2001]



Sec. 107.319  Request for a hearing.

    (a) In responding to a notice of probable violation under 
Sec. 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 
Sec. 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.

[Amdt. 107-11, 48 FR 2651, Jan. 20, 1983, as amended at 48 FR 17094, 
Apr. 21, 1983; Amdt. 107-19, 54 FR 22899, May 30, 1989]



Sec. 107.321  Hearing.

    (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 Sec. 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.

[[Page 42]]

    (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.

[Amdt. 107-11, 48 FR 2651, Jan. 20, 1983, as amended at 67 FR 61011, 
Sept. 27, 2002]



Sec. 107.323  ALJ's decision.

    (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 Sec. 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.



Sec. 107.325  Appeals.

    (a) Hearing proceedings. A party aggrieved by an ALJ's decision and 
order issued under Sec. 107.323, may file a written appeal in accordance 
with paragraph (c) of this section with the Administrator, Office of the 
Administrator, Pipeline and Hazardous Materials Safety Administration, 
East Building, 1200 New Jersey Avenue, SE., Washington, DC 20590-0001.
    (b) Non-Hearing proceedings. A respondent aggrieved by an order 
issued under Sec. 107.317, may file a written appeal in accordance with 
paragraph (c) of this section with the Administrator, Office of the 
Administrator, Pipeline and Hazardous Materials Safety Administration, 
East Building, 1200 New Jersey Avenue, SE., Washington, DC 20590-0001.
    (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 Sec. 107.317 or Sec. 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.

[70 FR 56090, Sept. 23, 2005, as amended at 72 FR 55683, Oct. 1, 2007]



Sec. 107.327  Compromise and settlement.

    (a) At any time before an order issued under Sec. 107.317 or 
Sec. 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

[[Page 43]]

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.

[Amdt. 107-11, 48 FR 2651, Jan. 20, 1983, as amended at 50 FR 45730, 
Nov. 1, 1985; Amdt. 107-24, 56 FR 8621, Feb. 28, 1991; 56 FR 15510, Apr. 
17, 1991; Amdt. 107-29, 58 FR 51527, Oct. 1, 1993; 66 FR 45377, Aug. 28, 
2001]



Sec. 107.329  Maximum penalties.

    (a) A person who knowingly violates a requirement of the Federal 
hazardous material transportation law, an order issued thereunder, this 
subchapter, subchapter C of the 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 $78,376 for each 
violation, except the maximum civil penalty is $182,877 if the violation 
results in death, serious illness, or severe injury to any person or 
substantial destruction of property. There is no minimum civil penalty, 
except for a minimum civil penalty of $471 for violations 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 the chapter, or a special permit or approval 
issued under this subchapter applicable to the design, manufacture, 
fabrication, inspection, marking, maintenance, reconditioning, repair or 
testing of a package, container, or packaging component which is 
represented, marked, certified, or sold by that person as qualified for 
use in the transportation of hazardous materials in commerce is liable 
for a civil penalty of not more than $78,376 for each violation, except 
the maximum civil penalty is $182,877 if the violation results in death, 
serious illness, or severe injury to any person or substantial 
destruction of property. There is no minimum civil penalty, except for a 
minimum civil penalty of $471 for violations relating to training.

[82 FR 18399, Apr. 19, 2017]

[[Page 44]]



Sec. 107.331  Assessment considerations.

    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.

[Amdt. 107-11, 48 FR 2651, Jan. 20, 1983, as amended by Amdt. 107-30, 58 
FR 50500, Sept. 27, 1993; Amdt. 107-38, 61 FR 21100, May 9, 1996]

                           Criminal Penalties



Sec. 107.333  Criminal penalties generally.

    A person who knowingly violates Sec. 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.

[71 FR 8487, Feb. 17, 2006]



Sec. 107.335  Referral for prosecution.

    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.

[Amdt. 107-11, 48 FR 2651, Jan. 20, 1983, as amended by Amdt. 107-22, 55 
FR 39978, Oct. 1, 1990; Amdt. 107-24, 56 FR 8621, Feb. 28, 1991; 56 FR 
15510, Apr. 17, 1991; Amdt. 107-32, 59 FR 49131, Sept. 26, 1994; Amdt. 
107-35, 60 FR 49108, Sept. 21, 1995; 66 FR 45377, Aug. 28, 2001]



Sec. 107.336  Limitation on fines and penalties.

    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 Sec. 107.202(a), no additional 
fine or penalty may be assessed for such violation by any other 
authority.

[Amdt. 107-24, 56 FR 8624, Feb. 28, 1991]

                            Injunctive Action



Sec. 107.337  Injunctions generally.

    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, the 
Administrator, PHMSA, or his delegate, may request the Attorney General 
to bring an action in the appropriate United States District Court for 
such relief as is necessary or appropriate, including mandatory or 
prohibitive injunctive relief, interim equitable relief, and punitive 
damages as provided by 49 U.S.C. 5122(a).

[Amdt. 107-11, 48 FR 2651, Jan. 20, 1983, as amended by Amdt. 107-32, 59 
FR 49131, Sept. 26, 1994]



Sec. 107.338  Prohibition of hazardous materials operations.

    As provided for in subpart E of part 109 of this subchapter, a 
person who fails to pay a civil penalty in accordance with agreed upon 
installments or in full within prescribed time lines, is prohibited from 
conducting hazardous

[[Page 45]]

materials operations and shall immediately cease all hazardous materials 
operations.

[79 FR 46199, Aug. 7, 2014]



Sec. 107.339  Imminent hazards.

    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.

[Amdt. 107-11, 48 FR 2651, Jan. 20, 1983, as amended by Amdt. 107-15, 51 
FR 34987, Oct. 1, 1986; Amdt. 107-32, 59 FR 49131, Sept. 26, 1994]



Sec. Appendix A to Subpart D of Part 107--Guidelines for Civil Penalties

    I. This appendix sets forth the guidelines PHMSA uses (as of October 
2, 2013) in making initial baseline determinations for civil penalties. 
The first part of these guidelines is a list of baseline amounts or 
ranges for frequently-cited probable violations. Following the list of 
violations are general guidelines PHMSA uses in making penalty 
determinations in enforcement cases.

                 II. List of Frequently Cited Violations

------------------------------------------------------------------------
                                                           Baseline
      Violation description         Section or cite       assessment
------------------------------------------------------------------------
                          General Requirements
------------------------------------------------------------------------
A. Registration Requirements:     107.608, 107.612.
 Failure to register as an
 offeror or carrier of hazardous
 material and pay registration
 fee:
    1. Small business or not-for- ..................  $1,200 + $600 each
     profit.                                           additional year.
    2. All others...............  ..................  $3,500 + $1,000
                                                       each additional
                                                       year.
B. Training Requirements:
    1. Failure to provide         172.702.
     initial training to hazmat
     employees (general
     awareness, function-
     specific, safety, and
     security awareness
     training):
        a. More than 10 hazmat    ..................  $1,500 for each
         employees.                                    area.
        b. 10 hazmat employees    ..................  $1,000 for each
         or fewer.                                     area.
    2. Failure to provide         172.702...........  $1,000 for each
     recurrent training to                             area.
     hazmat employees (general
     awareness, function-
     specific, safety, and
     security awareness
     training).
    3. Failure to provide in-     172.702...........  Included in
     depth security training                           penalty for no
     when a security plan is                           security plan.
     required but has not been
     developed.
    4. Failure to provide in-     172.702...........  $3,100.
     depth security training
     when a security plan is
     required and has been
     developed.
    5. Failure to create and      172.704.
     maintain training records:.
        a. More than 10 hazmat    ..................  $1,000.
         employees.
        b. 10 hazmat employees    ..................  $600.
         or fewer.
C. Security Plans:
    1. Failure to develop a       172.800...........
     security plan; failure to
     adhere to security plan:
        a. Section 172.504 Table  ..................  $9,300.
         1 materials.
        b. Packing Group I......  ..................  $7,500.
        c. Packing Group II.....  ..................  $5,600.
        d. Packing Group III....  ..................  $3,700.
    2. Incomplete security plan   ..................  One-quarter (25
     or incomplete adherence                           percent) of above
     (one or more of four                              for each element.
     required elements missing).
    3. Failure to update a        172.802(b)........  One-third (33
     security plan to reflect                          percent) of
     changing circumstances.                           baseline for no
                                                       plan.
    4. Failure to put security    172.800(b)........  One-third (33
     plan in writing; failure to                       percent) of
     make all copies identical.                        baseline for no
                                                       plan.
D. Notification to a Foreign      171.22(f).
 Shipper: Failure to provide a
 foreign offeror or forwarding
 agent written information of
 HMR requirements applicable to
 a shipment of hazardous
 materials within the United
 States, at the place of entry
 into the United States:
    1. Packing Group I and Sec. ..................  $9,300 .*
     172.504 Table 1 materials.
    2. Packing Group II.........  ..................  $5,500 .*

[[Page 46]]

 
    3. Packing Group III........  ..................  $1,800 .*
------------------------------------------------------------------------
 * The baseline applied to the importer shall be equal to or less than
 the baseline applied to the foreign offeror or forwarding agent.
------------------------------------------------------------------------


------------------------------------------------------------------------
                                                           Baseline
      Violation description         Section or cite       assessment
------------------------------------------------------------------------
E. Special Permits and
 Approvals:
    1. Offering or transporting   171.2.
     a hazardous material, or
     otherwise performing a
     function covered by a
     special permit or approval,
     without authorization:
        a. After the special      ..................  $1,200 + $600 for
         permit or approval has                        each additional
         expired.                                      year.
        b. After the special      ..................  $5,000 to $25,000.
         permit or approval has
         been terminated.
    2. Failure to comply with a   171.2.
     provision of a special
     permit or approval (when no
     other baseline is
     applicable):
        a. That relates to        ..................  $4,000 and up.
         safety.
        b. That does not relate   ..................  $500 and up.
         to safety.
    3. Failure to maintain a      Special Permit....  $1,000.
     copy of the special permit
     in the transport vehicle or
     facility, when required by
     the terms of the special
     permit.
    4. Use an approval or         Approval, Various.  $9,000.
     approval symbol issued to
     another person.
------------------------------------------------------------------------
              Offeror Requirements--All hazardous materials
------------------------------------------------------------------------
A. Undeclared Shipment:.........  172.200, 172.300,
                                   172.400, 172.500.
    1. Offering for
     transportation a hazardous
     material without shipping
     papers, package markings,
     labels, and placards (where
     required):
        a. Packing Group I and    ..................  $30,000 and up.
         Sec. 172.504 Table 1
         materials.
        b. Packing Group II.....  ..................  $20,000.
        c. Packing Group III....  ..................  $17,500.
        d. Consumer Commodity,    ..................  $5,000.
         ORM-D.
    2. Offering for
     transportation a hazardous
     material that is
     misclassified on the
     shipping paper, markings,
     labels, and placards
     (including improper
     treatment as consumer
     commodity, ORM-D):
        a. Packing Group I and    ..................  $20,000.
         Sec. 172.504 Table I
         materials.
        b. Packing Group II.....  ..................  $12,000.
        c. Packing Group III....  ..................  $8,000.
    3. Offering for
     transportation a forbidden
     hazardous material:
        a. Packing Group I and    ..................  $35,000.
         Sec. 172.504 Table I
         materials.
        b. Packing Group II.....  ..................  $25,000.
        c. Packing Group III....  ..................  $20,000.
    4. Offering for
     transportation a lithium
     battery, without shipping
     papers, package markings,
     labels, or placards (when
     required):
        a. For air transport....  ..................  $40,000.
        b. For ground transport.  ..................  $20,000.
B. Shipping Papers:
    1. Failure to provide a       172.201,
     shipping paper for a          177.817(a).
     shipment of hazardous
     materials or accepting
     hazardous materials for
     transportation without a
     shipping paper:
        a. Packing Group I and    ..................  $7,500.
         Sec. 172.504 Table 1
         materials.
        b. Packing Group II.....  ..................  $5,600.
        c. Packing Group III....  ..................  $3,700.
    2. Failure to follow one or   172.201(a)(1).....  $1,500.
     more of the three approved
     formats for listing
     hazardous materials and non-
     hazardous materials on a
     shipping paper.
    3. Failure to retain          172.201(e)........  $1,200.
     shipping papers as required.

[[Page 47]]

 
    4. Failure to include a       172.202.
     proper shipping name in the
     shipping description or
     using an incorrect proper
     shipping name:
        a. Packing Group I and    ..................  $2,000.
         Sec. 172.504 Table 1
         materials.
        b. Packing Group II.....  ..................  $1,500.
        c. Packing Group III....  ..................  $1,000.
    5. Failure to include a       172.202.
     hazard class/division
     number in the shipping
     description:
        a. Packing Group I and    ..................  $2,000.
         Sec. 172.504 Table 1
         materials.
        b. Packing Group II.....  ..................  $1,500.
        c. Packing Group III....  ..................  $1,000.
    6. Failure to include an      172.202.
     identification number in
     the shipping description:
        a. Packing Group I and    ..................  $2,500.
         Sec. 172.504 Table 1
         materials.
        b. Packing Group II.....  ..................  $1,800.
        c. Packing Group III....  ..................  $1,200.
    7. Using an incorrect hazard  172.202.
     class:.
        a. That does not affect   ..................  $1,000.
         compatibility
         requirements.
        b. That affects
         compatibility
         requirements:
            i. Packing Group I    ..................  $7,500.
             and Sec. 172.504
             Table 1 materials.
            ii. Packing Group II  ..................  $5,600.
            iii. Packing Group    ..................  $3,700.
             III.
    8. Using an incorrect         172.202.
     identification number:.
        a. That does not change   ..................  $1,000.
         the response
         information.
        b. That changes response
         information:
            i. Packing Group I    ..................  $7,500.
             and Sec. 172.504
             Table 1 materials.
            ii. Packing Group II  ..................  $5,600.
            iii. Packing Group    ..................  $3,700.
             III.
    9. Failure to include the     172.202.
     Packing Group or using an
     incorrect Packing Group:
        a. Packing Group I and    ..................  $1,700.
         Sec. 172.504 Table 1
         materials.
        b. Packing Group II and   ..................  $1,300.
         III.
    10. Using a shipping          172.202...........  $1,000.
     description that includes
     additional unauthorized
     information (extra or
     incorrect words).
    11. Using a shipping          172.202...........  $600.
     description not in required
     sequence.
    12. Failure to include the    172.202...........  $600.
     total quantity of hazardous
     material covered by a
     shipping description
     (including net explosive
     mass).
    13. Failure to include any    172.203(a), (b),    $600.
     of the following on a         (c)(2), (k), (l).
     shipping paper, as
     required: Special permit
     number; ``Limited Quantity
     or ``Ltd Qty;'' ``RQ'' for
     a hazardous substance;
     technical name in
     parentheses for a listed
     generic or ``n.o.s.''
     material; or marine
     pollutant.
    14. Failure to indicate       172.203(m)........  $2,500.
     poison inhalation hazard on
     a shipping paper.
    15. Failure to include or     172.204...........  $1,000.
     sign the required shipper's
     certification on a shipping
     paper.
C. Emergency Response
 Information Requirements:
    1. Providing incorrect        172.602.
     emergency response
     information with or on a
     shipping paper:
        a. No significant         ..................  $1,000.
         difference in response.
        b. Significant
         difference in response:
            i. Packing Group I    ..................  $7,500.
             and Sec. 172.504
             Table 1 materials.
            ii. Packing Group II  ..................  $5,600.
            iii. Packing Group    ..................  $3,700.
             III.

[[Page 48]]

 
    2. Failure to include an      172.604...........  $3,200.
     emergency response
     telephone number on a
     shipping paper.
    3. Failure to have the        172.604...........  $1,600.
     emergency response
     telephone number monitored
     while a hazardous material
     is in transportation; or
     listing the number in a
     manner that it is not
     readily identifiable or
     cannot be found easily and
     quickly (e.g., multiple
     telephone numbers); or
     failing to include the
     name, contract number, or
     other unique identifier of
     the person registered with
     the emergency response
     provider.
    4. Listing an emergency       172.604...........  $3,200 to $5,200
     response telephone number
     on a shipping paper that
     causes emergency responders
     delay in obtaining
     emergency response
     information (e.g., listing
     a telephone number that not
     working, incorrect, or
     otherwise not capable of
     providing required
     information).
D. Package Marking Requirements:
    1. Failure to mark the        172.301(a).
     proper shipping name and
     identification number on a
     package:
        a. Packing Group I and    ..................  $6,000.
         Sec. 172.504 Table 1
         materials.
        b. Packing Group II.....  ..................  $4,500.
        c. Packing Group III....  ..................  $3,000.
    2. Marking a package with an  172.301(a).
     incorrect shipping name and
     identification number:
        a. That does not change
         the response
         information:
            i. Packing Group I    ..................  $3,700.
             and Sec. 172.504
             Table 1 materials.
            ii. Packing Group II  ..................  $2,700.
            iii. Packing Group    ..................  $2,200.
             III.
        b. That changes the
         response information:
            i. Packing Group I    ..................  $9,500.
             and Sec. 172.504
             Table 1 materials.
            ii. Packing Group II  ..................  $7,100.
            iii. Packing Group    ..................  $4,700.
             III.
    3. Failure to mark the        172.301(a).
     proper shipping name on a
     package or marking an
     incorrect shipping name on
     a package:
        a. Packing Group I and    ..................  $2,000.
         Sec. 172.504 Table 1
         materials.
        b. Packing Group II.....  ..................  $1,500.
        c. Packing Group III....  ..................  $1,000.
    4. Failure to mark the        172.301(a).
     identification number on a
     package:.
        a. Packing Group I and    ..................  $2,500.
         Sec. 172.504 Table 1
         materials.
        b. Packing Group II.....  ..................  $1,800.
        c. Packing Group III....  ..................  $1,200.
    5. Marking a package with an  172.301(a).
     incorrect identification
     number:.
        a. That does not change   ..................  $1,000.
         the response
         information.
        b. That changes the
         response information:
            i. Packing Group I    ..................  $7,500.
             and Sec. 172.504
             Table 1 materials.
            ii. Packing Group II  ..................  $5,600.
            iii. Packing Group    ..................  $3,700.
             III.
    6. Failure to include the     172.301(c)........  $600.
     required technical name(s)
     in parentheses for a listed
     generic or ``n.o.s.'' entry.
    7. Failure to mark ``non-     172.301(f)........  $2,000.
     odorized'' on a cylinder
     containing liquefied
     petroleum gas.
    8. Marking a package as       172.303(a)........  $1,000.
     containing hazardous
     material when it contains
     no hazardous material.
    9. Failure to locate          172.304(a)(4).....  $1,000.
     required markings away from
     other markings that could
     reduce their effectiveness.
    10. Failure to mark a         172.312.
     package containing liquid
     hazardous materials with
     required orientation
     markings:
        a. Packing Group I and    ..................  $4,000.
         Sec. 172.504 Table 1
         materials.
        b. Packing Group II.....  ..................  $3,500.

[[Page 49]]

 
        c. Packing Group III....  ..................  $3,000.
    11. Failure to mark           172.313(a),         $4,000.
     ``Biohazard on an             172.323.
     infectious substance or
     ``Inhalation Hazard'' on a
     package containing a poison
     by inhalation hazard.
    12. Failure to apply limited  172.315,            $600.
     quantity marking or ``RQ''    172.324(b).
     marking on a non-bulk
     package containing a
     hazardous substance.
    13. Listing the technical     172.301(b)........  $1,600.
     name of a select agent
     hazardous material when it
     should not be listed.
    14. Failure to apply a        172.317, 172.322,   $1,200.
     ``Keep away from heat,''      172.325.
     marine pollutant, or
     elevated temperature
     (``HOT'') marking.
    15. Failure to properly mark  172.331, 172.334,   $1,000.
     a bulk container.             172.336, 172.338.
E. Package Labeling
 Requirements:
    1. Failure to label a         172.400...........  $7,000.
     package or applying a label
     that represents a hazard
     other than the hazard
     presented by the hazardous
     material in the package.
    2. Placing a label on a       172.401(a)........  $1,000.
     package that does not
     contain a hazardous
     material.
    3. Failure to place a         172.402.
     required subsidiary label
     on a package:.
        a. Packing Group I and    ..................  $3,100.
         Sec. 172.504 Table 1
         materials.
        b. Packing Group II.....  ..................  $1,800.
        c. Packing Group III....  ..................  $600.
    4. Placing a label on a       172.406(a)........  $1,000.
     different surface of the
     package than, or away from,
     the proper shipping name.
    5. Placing an improper size   172.407(c)........  $1,000.
     label on a package.
    6. Placing a label on a       172.407(d)........  $1,000.
     package that does not meet
     color specification
     requirements (depending on
     the variance).
    7. Failure to place a Cargo   172.402(c)........  $5,000.
     Aircraft Only label on a
     package intended for air
     transportation, when
     required.
    8. Failure to place a Cargo   172.402(c),
     Aircraft Only label on a      172.102(c)(1)
     package containing a          Special Provision
     primary lithium battery or    188, 189, 190.
     failure to mark a package
     containing a primary
     lithium battery as
     forbidden for transport on
     passenger aircraft:
        a. For air transport....  ..................  $10,000.
        b. For ground transport.  ..................  $1,000.
    9. Failure to provide an      172.411...........  $3,100.
     appropriate class or
     division number on an
     explosive label.
F. Placarding Requirements:
    1. Improperly placarding a    172.504.
     freight container or
     vehicle containing
     hazardous materials:
        a. Packing Group I and    ..................  $1,200 to $11,200.
         Sec. 172.504 Table 1
         materials.
        b. Packing Group II and   ..................  $1,000 to $9,000.
         III.
    2. Failure to placard a       172.504.
     freight container or
     vehicle containing
     hazardous materials (no
     placard at all):
        a. Packing Group I and    ..................  $12,000.
         Sec. 172.504 Table 1
         materials.
        b. Packing Group II and   ..................  $8,500.
         III.
G. Packaging Requirements:
    1. Failure to comply with     173.4, 173.4a,      $1,000 to $5,000.
     package testing               173.4b, 173.6,
     requirements for small        173.156, 173.306.
     quantities, excepted
     quantities, de minimis,
     materials of trade, limited
     quantities, and ORM-D.
    2. Offering a hazardous       Various.
     material for transportation
     in an unauthorized non-UN
     standard or non-
     specification packaging
     (includes failure to comply
     with the terms of a special
     permit authorizing use of a
     non-standard or non-
     specification packaging):
        a. Packing Group I, Sec. ..................  $11,200.
          172.504 Table 1
         materials, and Division
         2.3 gases.
        b. Packing Group II and   ..................  $8,700.
         Divisions 2.1 and 2.2
         gases.
        c. Packing Group III....  ..................  $6,200.
    3. Offering a hazardous       Various.
     material for transportation
     in a package that was not
     retested as required:
        a. Packing Group I and    ..................  $8,000.
         Sec. 172.504 Table 1
         materials.

[[Page 50]]

 
        b. Packing Group II.....  ..................  $5,000.
        c. Packing Group III....  ..................  $3,000.
    4. Offering a hazardous       Various.
     material for transportation
     in an improper package:
        a. When Packing Group I   ..................  $8,000.
         material is packaged in
         a Packing Group III
         package.
        b. When Packing Group I   ..................  $5,000.
         material is packaged in
         a Packing Group II
         package.
        c. When Packing Group II  ..................  $3,000.
         material is packaged in
         a Packing Group III
         package.
    5. Offering a hazardous       Various...........  $7,500.
     material for transportation
     in a packaging (including a
     packaging manufactured
     outside the United States)
     that is torn, damaged, has
     hazardous material present
     on the outside of the
     package, or is otherwise
     not suitable for shipment.
    6. Offering a hazardous       178.601, Various.
     material for transportation
     in a self-certified
     packaging that has not been
     subjected to design
     qualification testing:
        a. Packing Group I and    ..................  $13,500.
         Sec. 172.504 Table 1
         materials.
        b. Packing Group II.....  ..................  $10,500.
        c. Packing Group III....  ..................  $7,500.
    7. Offering a hazardous       173.32(d),          $4,500.
     material for transportation   173.24(c).
     in a packaging that has
     been successfully tested to
     an applicable UN standard
     but is not marked with the
     required UN marking
     (including missing
     specification plates).
    8. Failure to close a UN      173.22(a)(4).
     standard packaging in
     accordance with the closure
     instructions:
        a. Packing Group I and    ..................  $2,000 to $5,000.
         Sec. 172.504 Table 1
         materials.
        b. Packing Group II.....  ..................  $1,000 to $4,000.
        c. Packing Group III....  ..................  $500 to $3,000.
    9. Offering a hazardous       173.24(b).
     material for transportation
     in a packaging that leaks
     during conditions normally
     incident to transportation:
        a. Packing Group I and    ..................  $16,500.
         Sec. 172.504 Table 1
         materials.
        b. Packing Group II.....  ..................  $11,200.
        c. Packing Group III....  ..................  $7,500.
    10. Overfilling or            173.24(b).
     underfilling a package so
     that the effectiveness is
     substantially reduced:
        a. Packing Group I and    ..................  $11,200.
         Sec. 172.504 Table 1
         materials.
        b. Packing Group II.....  ..................  $7,500.
        c. Packing Group III....  ..................  $3,700.
    11. Failure to ensure         173.24(e).........  $9,000 to $12,000.
     packaging is compatible
     with hazardous material
     lading.
    12. Failure to mark an        173.25(a)(4)......  $3,700.
     overpack as required.
    13. Packaging incompatible    173.25(a)(5)......  $9,300.
     materials in an overpack.
    14. Marking a package         173.25(a).
     ``overpack'' when the inner
     packages do not meet the
     requirements of the HMR:
        a. Packing Group I and    ..................  $15,000.
         Sec. 172.504 Table 1
         materials.
        b. Packing Group II.....  ..................  $10,000.
        c. Packing Group III....  ..................  $7,000.
    15. Failure to comply with    173.27............  $1,000 to $10,000.
     additional requirements for
     transportation by aircraft.
    16. Filling an IBC, portable  173.32(a),
     tank, or cargo tank (DOT,     173.33(a)(3),
     UN, or IM) that is out of     180.352, 180.407,
     test and offering hazardous   180.605.
     materials for
     transportation in that IBC
     or portable tank. (Penalty
     amount depends on number of
     units and time out of
     test.).
        a. Packing Group I and
         Sec. 172.504 Table 1
         materials:
            i. All testing        ..................  $8,700.
             overdue.
            ii. Only periodic (5  ..................  $4,600.
             year) tests overdue
             or only
             intermediate
             periodic (2.5 year)
             tests overdue.
        b. Packing Group II:
            i. All testing        ..................  $6,600.
             overdue.

[[Page 51]]

 
            ii. Only periodic (5  ..................  $3,300.
             year) tests overdue
             or only
             intermediate
             periodic (2.5 year)
             tests overdue.
        c. Packing Group III:
            i. All testing        ..................  $4,600.
             overdue.
            ii. Only periodic (5  ..................  $2,300.
             year) tests overdue
             or only
             intermediate
             periodic (2.5 year)
             tests overdue.
    17. Manifolding cylinders     173.301(g)........  $3,700 and up.
     without conforming to
     manifolding requirements.
    18. Failure to ensure a       173.315(n)(3).....  $2,500.
     cargo tank motor vehicle in
     metered delivery service
     has an operational off-
     truck remote shut-off
     activation device.
    19. Offering a hazardous      173.33............  $15,000.
     material in a cargo tank
     motor vehicle when the
     material does not meet
     compatibility requirements
     with the tank or other
     lading or residue.
    20. Failure to provide the    173.32(f)(6).
     required outage in a
     portable tank that results
     in a release of hazardous
     materials:.
        a. Packing Group I and    ..................  $15,000.
         Sec. 172.504 Table 1
         materials.
        b. Packing Group II.....  ..................  $11,200.
        c. Packing Group III....  ..................  $7,500.
------------------------------------------------------------------------
           Offeror Requirements--Specific hazardous materials
------------------------------------------------------------------------
A. Cigarette Lighters:
    1. Offering for               173.21(i).........  $7,500.
     transportation an
     unapproved cigarette
     lighter, lighter refill, or
     similar device, equipped
     with an ignition element
     and containing fuel.
    2. Failure to include the     173.308(d)(1).....  $1,000.
     cigarette lighter test
     report identifier on the
     shipping paper.
    3. Failure to mark the        173.308(d)(2).....  $1,000.
     approval number on the
     package..
B. Class 1--Explosives:
    1. Failure to mark the        172.320...........  $1,000.
     package with the EX number
     for each substance
     contained in the package
     or, alternatively, indicate
     the EX number for each
     substance in association
     with the description on the
     shipping description.
    2. Offering an unapproved     173.54, 173.56(b).
     explosive for
     transportation:.
        a. Division 1.4           ..................  $5,000.
         fireworks meeting the
         chemistry requirements
         of APA Standard 87-1.
        b. Division 1.3           ..................  $7,500.
         fireworks meeting the
         chemistry requirements
         of APA Standard 87-1.
        c. All other explosives   ..................  $12,500 and up.
         (including forbidden).
    3. Offering an unapproved     173.54, 173.56(b).
     explosive for
     transportation that
     minimally deviates from an
     approved design in a manner
     that does not impact
     safety:
        a. Division 1.4.........  ..................  $3,000.
        b. Division 1.3.........  ..................  $4,000.
        c. All other explosives.  ..................  $6,000.
    4. Offering a leaking or      173.54(c).
     damaged package of
     explosives for
     transportation:
        a. Division 1.3 and 1.4.  ..................  $12,500.
        b. All other explosives.  ..................  $16,500.
    5. Offering a Class 1         173.60(b)(5)......  $15,000.
     material that is fitted
     with its own means of
     ignition or initiation,
     without providing
     protection from accidental
     actuation.
    6. Packaging explosives in    173.61............  $9,300.
     the same outer packaging
     with other materials.
    7. Transporting a detonator   177.835(g)(3).....  $10,000.
     on the same vehicle as
     incompatible materials
     using the approved method
     listed in 177.835(g)(3)
     without meeting the
     requirements of IME
     Standard 22.
C. Class 7--Radioactive
 Materials:
    1. Failure to include         172.203(d)........  $2,000 to $5,000.
     required additional entries
     for radioactive material on
     a shipping paper, or
     providing incorrect
     information for these
     additional entries.
    2. Failure to mark the gross  172.310(a)........  $1,000.
     mass on the outside of a
     package of Class 7 material
     that exceeds 110 pounds.

[[Page 52]]

 
    3. Failure to mark each       172.310(b)........  $3,700.
     package with the words
     ``Type A'' or ``Type B,''
     as appropriate.
    4. Placing a label on Class   172.403...........  $6,200.
     7 material that understates
     the proper label category.
    5. Placing a label on Class   172.403(g)........  $2,000 to $5,000.
     7 material that fails to
     contain (or has erroneous)
     entries for the name of the
     radionuclide(s), activity,
     and transport index.
    6. Failure to meet one or     173.410...........  $6,200.
     more of the general design
     requirements for a package
     used to ship a Class 7
     material.
    7. Failure to comply with     173.411...........  $6,200.
     the industrial packaging
     (IP) requirements when
     offering a Class 7 material
     for transportation.
    8. Failure to provide a       173.412(a)........  $5,000.
     tamper-indicating device on
     a Type A package used to
     ship a Class 7 material.
    9. Failure to meet the        173.412(b)-(i)....  $6,200.
     additional design
     requirements of a Type A
     package used to ship a
     Class 7 material.
    10. Failure to meet the       173.412(j)-(l)....  $11,200.
     performance requirements
     for a Type A package used
     to ship a Class 7 material.
    11. Offering a DOT            173.415(a),
     specification 7A packaging    173.461.
     without maintaining
     complete documentation of
     tests and an engineering
     evaluation or comparative
     data:
        a. Tests and evaluation   ..................  $13,500.
         not performed.
        b. Test performed but     ..................  $2,500 to $6,200.
         complete records not
         maintained.
    12. Offering any Type B,      173.416...........  $16,500.
     Type B(U), or Type B(M)
     packaging that failed to
     meet the approved DOT, NRC
     or DOE design, as
     applicable.
    13. Offering a Type B         173.471(a).
     packaging without
     registering as a party to
     the NRC approval
     certificate:
        a. Never obtained         ..................  $3,700.
         approval.
        b. Holding an expired     ..................  $1,200.
         certificate.
    14. Failure to meet one or    173.420...........  $13,500.
     more of the special
     requirements for a package
     used to ship more than 0.1
     kg of uranium hexafluoride.
    15. Offering Class 7          173.421(a)........  $8,000.
     materials for
     transportation as a limited
     quantity without meeting
     the requirements for a
     limited quantity.
    16. Offering a multiple-      173.423(a)........  $600 to $3,100.
     hazard limited quantity
     Class 7 material without
     addressing the additional
     hazard.
    17. Offering Class 7          173.424...........  $6,200 to $12,500.
     materials for
     transportation under
     exceptions for radioactive
     instruments and articles
     while failing to meet the
     applicable requirements.
    18. Offering Class 7 low      173.427...........  $7,500 to $12,500.
     specific activity (LSA)
     materials or surface
     contaminated objects (SCO)
     while failing to comply
     with applicable transport
     requirements (including, an
     external dose rate that
     exceeds an external
     radiation level of 10 mSv/h
     at 3 meters from the
     unshielded material).
    19. Offering Class 7 LSA      173.427(a)(6).....  $1,200.
     materials or SCO as
     exclusive use without
     providing specific
     instructions to the carrier
     for maintenance of
     exclusive use shipment
     controls.
    20. Offering in excess of a   173.431...........  $15,000.
     Type A quantity of a Class
     7 material in a Type A
     packaging.
    21. Offering a package that   173.441...........  $12,500.
     exceeds the permitted
     radiation level or
     transport index.
    22. Offering a package        173.443...........  $6,200 and up.
     without determining the
     level of removable external
     contamination, or that
     exceeds the limit for
     removable external
     contamination.
    23. Storing packages of       173.447(a)........  $6,200 and up.
     radioactive material in a
     group with a total
     criticality safety index of
     more than 50.
    24. Offering for              173.448(e)........  $6,200 and up.
     transportation or
     transporting aboard a
     passenger aircraft any
     single package or overpack
     of Class 7 material with a
     transport index greater
     than 3.0.

[[Page 53]]

 
    25. Exporting a Type B, Type  173.471(d)........  $3,700.
     B(U), Type B(M), or fissile
     package without obtaining a
     U.S. Competent Authority
     Certificate or, after
     obtaining a U.S. Competent
     Authority Certificate,
     failing to submit a copy to
     the national competent
     authority of each country
     into or through which the
     package is transported.
    26. Offering or exporting     173.476(a), (b)...  $3,700.
     special form radioactive
     materials without
     maintaining a complete
     safety analysis or
     Certificate of Competent
     Authority, as required.
    27. Shipping a fissile        173.417, 173.453,   $12,500.
     material as fissile-exempt    173.457.
     without meeting one of the
     exemption requirements or
     otherwise not complying
     with fissile material
     requirements.
    28. Offering Class 7 fissile  173.417...........  $1,000 to $12,500.
     materials while failing to
     have a DOT Competent
     Authority Certificate or
     NRC Certificate of
     Compliance, as required, or
     failing to meet the
     requirements of the
     applicable Certificate.
D. Class 2--Compressed Gases in
 Cylinders:
    1. Filling and offering a     173.301(a)(6),
     cylinder with compressed      (a)(7).
     gas when the cylinder is
     out of test or after its
     authorized service life:
        a. Table 1 and            ..................  $10,000 to
         compressed gas in                             $15,000.
         solution.
        b. Division 2.1 gases...  ..................  $7,500 to $10,000.
        c. Division 2.2 gases...  ..................  $5,000 to $7,500.
    2. Overfilling cylinders:...  Various.
        a. Division 2.3 gases...  ..................  $15,000.
        b. Division 2.1 gases...  ..................  $10,000.
        c. Division 2.2 gases...  ..................  $7,500.
        d. Aerosols, limited      ..................  $5,000.
         quantities, consumer
         commodities.
    3. Failure to check each day  173.303(d)........  $6,200.
     the pressure of a cylinder
     charged with acetylene that
     is representative of that
     day's compression, after
     the cylinder has cooled to
     a settled temperature, or
     failure to keep a record of
     this test for 30 days.
    4. Offering a limited         173.306(a)(3).....  $1,800 to $5,000.
     quantity of a compressed
     gas in a metal container
     for the purpose of
     propelling a nonpoisonous
     material and failure to
     heat the cylinder until the
     pressure is equivalent to
     the equilibrium pressure at
     131 F, without evidence of
     leakage, distortion, or
     other defect.
    5. Offering a limited         173.306(a)(3)(v)..  $5,000.
     quantity of a compressed
     gas in a metal container
     intended to expel a non-
     poisonous material, while
     failing to subject the
     filled container to a hot
     water bath, as required.
    6. Offering liquefied         173.315(j)........  $7,500 to $10,000.
     petroleum gas for permanent
     installation on consumer
     premises when the
     requirements are not met.
E. Oxygen Generators Offered by
 Air:
    1. Offering an unapproved     173.168...........  $25,000.
     oxygen generator for
     transportation.
    2. Offering an oxygen         173.168...........  $12,500 to
     generator for                                     $25,000.
     transportation without
     installing a means of
     preventing actuation, as
     required.
    3. Offering an oxygen         172.102(c)(1)       $35,000.
     generator as spent when the   Special Provision
     ignition and chemical         61.
     contents were still present.
F. Batteries:                     173.159, 173.185,
                                   173.21(c).
    1. Offering lithium
     batteries in transportation
     that have not been tested:
        a. Ground transport.....  ..................  $15,000.
        b. Air transport........  ..................  $30,000.
    2. Offering lithium           ..................  $5,000 + 25
     batteries in transportation                       percent increase
     that have been assembled                          for each
     from tested cells, but have                       additional
     not been tested.                                  design.
    3. Failure to create records  ..................  $2,500 to $9,300.
     of design testing.
    4. Offering lithium           ..................  $15,000.
     batteries in transportation
     that have not been
     protected against short
     circuit.
    5. Offering lithium           ..................  $12,500.
     batteries in transportation
     in unauthorized packages.
    6. Offering lead acid         ..................  $10,000.
     batteries in transportation
     in unauthorized packages.

[[Page 54]]

 
    7. Offering lithium           ..................  $30,000.
     batteries in transportation
     on passenger aircraft or
     misclassifying them for air
     transport.
    8. Failure to prepare         ..................  $6,000.
     batteries so as to prevent
     damage in transit.
------------------------------------------------------------------------
          Manufacturing, Reconditioning, Retesting Requirements
------------------------------------------------------------------------
A. Activities Subject to
 Approval:
    1. Failure to report in       171.2(c), Approval  $700 to $1,500.
     writing a change in name,     Letter.
     address, ownership, test
     equipment, management, or
     test personnel.
    2. Failure by an independent  178.35(c)(1), (2),  $5,000 to $16,500.
     inspection agency of          (3).
     specification cylinders to
     satisfy all inspector
     duties, including
     inspecting materials, and
     verifying materials of
     construction and cylinders
     comply with applicable
     specifications.
    3. Failure to properly        178.25(c)(4),       $4,000.
     complete or retain            Various.
     inspector's report for
     specification packages.
    4. Failure to have a          Various...........  $2,500.
     cylinder manufacturing
     registration number/symbol,
     when required.
B. Packaging Manufacturers
 (General):
    1. Failure of a manufacturer  178.2(c)..........  $3,100.
     or distributor to notify
     each person to whom the
     packaging is transferred of
     all the requirements not
     met at the time of
     transfer, including closure
     instructions.
    2. Failure to comply with     178.504 to
     specified construction        178.523.
     requirements for non-bulk
     packagings:
        a. Packing Group I and    ..................  $12,000.
         Sec. 172.504 Table 1
         materials.
        b. Packing Group II.....  ..................  $8,000.
        c. Packing Group III....  ..................  $4,000.
    3. Fail testing: Failure to   178.601(b),
     ensure a packaging            178.609, part 178
     certified as meeting the UN   subparts O, Q.
     standard is capable of
     passing the required
     performance testing
     (depending on size of
     package):
        a. Infectious substances  ..................  $16,500.
        b. Packing Group I and    ..................  $13,500 to
         Sec. 172.504 Table 1                         $16,500.
         materials.
        c. Packing Group II.....  ..................  $10,500 to
                                                       $13,500.
        d. Packing Group III....  ..................  $7,500 to $10,500.
    4. No testing: Certifying a   178.601(d),
     packaging as meeting a UN     178.609, part 178
     standard when design          subparts O, Q.
     qualification testing was
     not performed (depending on
     size of package):
        a. Infectious substances  ..................  $16,500.
        a. Packing Group I and    ..................  $13,500 to
         Sec. 172.504 table 1                         $16,500.
         materials.
        b. Packing Group II.....  ..................  $10,500 to
                                                       $13,500.
        c. Packing Group III....  ..................  $7,500 to $10,500.
    5. Failure to conduct         178.601(e), part    $2,500 to $16,500.
     periodic testing on UN        178 subparts O, Q.
     standard packaging
     (depending on length of
     time, Packing Group, and
     size of package).
    6. Improper testing: Failure
     to properly conduct testing
     for UN standard packaging
     (e.g., testing with less
     weight than marked on
     packaging; drop testing
     from lesser height than
     required; failing to
     condition fiberboard boxes
     before design test)
     (depending on size of
     package):
        a. Design qualification   178.601(d),
         testing:.                 178.609, part 178
                                   subparts O, Q.
            i. Infectious         ..................  $13,500.
             substances.
            ii. Packing Group I.  ..................  $10,500 to
                                                       $13,500.
            iii. Packing Group    ..................  $7,500 to $10,500.
             II.
            iv. Packing Group     ..................  $2,500 to $7,500.
             III.
        b. Periodic testing:....  178.601(e),
                                   178.609.
            i. Infectious         ..................  $10,500.
             substances.
            ii. Packing Group I.  ..................  $7,000 to $10,500.
            iii. Packing Group    ..................  $4,000 to $7,000.
             II.
            iv. Packing Group     ..................  $600 to $4,000.
             III.
    7. Failure to keep complete   178.601(l).
     and accurate testing
     records:.
        a. No records kept......  ..................  $5,000.
        b. Incomplete or          ..................  $1,200 to $3,700.
         inaccurate records.
    8. Improper marking of UN     178.503...........  $600 per item.
     certification.

[[Page 55]]

 
C. Drum Manufacturers &
 Reconditioners:
    1. Failure to properly        178.604(b), (d),
     conduct a production          173.28(b)(2)(i).
     leakproofness test on a new
     or reconditioned drum:
        a. Improper testing:
            i. Packing Group I..  ..................  $3,000.
            ii. Packing Group II  ..................  $2,500.
            iii. Packing Group    ..................  $2,000.
             III.
        b. No testing performed:
            i. Packing Group I..  ..................  $6,200.
            ii. Packing Group II  ..................  $5,000.
            iii. Packing Group    ..................  $3,700.
             III.
    2. Marking incorrect tester   173.28(b)(2)(ii).
     information on a reused
     drum:.
        a. Incorrect information  ..................  $1,000.
        b. Unauthorized use of    ..................  $9,000.
         another's information.
    3. Representing, marking, or  173.28(c).........  $7,500 to $13,500.
     certifying a drum as a
     reconditioned UN standard
     packaging when the drum
     does not meet a UN
     standard..
    4. Representing, marking, or  173.28(d).........  $600
     certifying a drum as
     altered from one UN
     standard to another, when
     the drum has not been
     altered.
D. IBC and Portable Tank
 Requalification:
    1. Failure to properly test   180.352, 180.603.
     and inspect IBCs or
     portable tanks.
        a. Packing Group I......  ..................  $10,000.
        b. Packing Group II.....  ..................  $7,500.
        c. Packing Group III....  ..................  $5,000.
    2. Failure to properly mark   180.352(e),         $600 per item.
     an IBC or portable tank       178.703(b),
     with the most current         180.605(k).
     retest and/or inspection
     information.
    3. Failure to keep complete   180.352(f),
     and accurate records of IBC   180.605(l).
     or portable tank retest and
     reinspection:
        a. No records kept......  ..................  $5,000.
        b. Incomplete or          ..................  $1,200 to $3,700.
         inaccurate records.
    4. Failure to make            180.352(g), 49      $1,200.
     inspection and test records   U.S.C. 5121(b)(2).
     available to a DOT
     representative upon request.
    5. Failure to perform tests   180.352(d)........  $3,700 to $6,200.
     (internal visual,
     leakproofness) on an IBC as
     part of a repair.
    6. Failure to perform         180.350(c)........  $2,500.
     routine maintenance on an
     IBC.
E. Cylinder Manufacturers &
 Rebuilders:
    1. Manufacturing,             178.35............  $10,000 to
     representing, marking,                            $25,000.
     certifying, or selling a
     DOT high-pressure cylinder
     that was not inspected and
     verified by an approved
     independent inspection
     agency.
    2. Failure to mark a          178.35, Various...  $1,000.
     registration number/symbol
     on a cylinder, when
     required.
    3. Failure to mark the date   178.65(i).........  $3,700.
     of manufacture or lot
     number on a DOT-39 cylinder.
    4. Failure to have a          107.807, 178.35...  $6,200.
     chemical analysis performed
     in the U.S. for a material
     manufactured outside the
     U.S., without an approval.
    5. Failure to comply with     178.35(d), (e),     $5,000.
     defect and attachment         (f).
     requirements, safety device
     requirements, or marking
     requirements.
    6. Failure to meet wall       Various...........  $9,300 to $18,700.
     thickness requirements.
    7. Failure to heat treat      Various...........  $6,200 to $18,700.
     cylinders prior to testing.
    8. Failure to conduct a       Various...........  $3,100 to $7,700.
     complete visual internal
     examination.
    9. Failure to conduct a       Various...........  $3,100 to $7,700.
     hydrostatic test, or
     conducting a hydrostatic
     test with inaccurate test
     equipment.
    10. Failure to conduct a      Various...........  $9,300 to $18,700.
     flattening test.
    11. Failure to conduct a      178.33-8, 178.33a-  $6,200 to $18,700.
     burst test on a DOT-2P, 2Q,   8, 178.33b-8,
     2S, or 39 cylinder.           178.65(f)(2).
    12. Failure to maintain       178.35, Various.
     required inspector's
     reports:.
        a. No reports at all....  ..................  $5,000.
        b. Incomplete or          ..................  $1,200 to $3,700.
         inaccurate reports.
    13. Failure to complete or    178.35(g).........  $6,200.
     retain manufacturer's
     reports.
    14. Representing a DOT-4      180.211(a)........  $10,000 to
     series cylinder as repaired                       $25,000.
     or rebuilt to the
     requirements of the HMR
     without being authorized by
     the Associate Administrator.
F. Cargo Tank Motor Vehicles:

[[Page 56]]

 
    1. Failure to maintain        180.417(b), (c).
     complete cargo tank test
     reports, as required:
        a. No records...........  ..................  $5,000.
        b. Incomplete records...  ..................  $1,200 to $3,700.
    2. Failure to have a cargo    180.407(c)........  $8,000 and up;
     tank tested or inspected                          increase by 25
     (e.g., visual, thickness,                         percent for each
     pressure, leakproofness).                         additional.
    3. Failure to mark a cargo    180.415...........  $600 each item.
     tank with test and
     inspection markings.
    4. Failure to retain a cargo  178.320(b),         $6,200.
     tank's data report and        178.337-18,
     Certificates or design        178.338-19,
     certification.                178.345-15.
    5. Failure to mark a special  172.301(c)........  $1,800.
     permit number on a cargo
     tank.
    6. Constructing a cargo tank  178.320(b),         $13,500.
     or cargo tank motor vehicle   Special Permit.
     not in accordance with a
     special permit or design
     certification.
    7. Failure to mark manhole    178.345-5(e)......  $4,500.
     assemblies on a cargo tank
     motor vehicle manufactured
     after October 1, 2004.
    8. Failure to apply           178.337-17,
     specification plate and       178.338-18,
     name plate:.                  178.345-14.
        a. No marking...........  ..................  $4,500.
        b. Incomplete marking...  ..................  $600 per item.
    9. Failure to conduct         180.416(d)........  $2,500.
     monthly inspections and
     tests of discharge system
     in cargo tanks.
G. Cylinder Requalification:
    1. Certifying or marking as   180.205(a)........  $1,000.
     retested a non-
     specification cylinder.
    2. Failure to have            180.205(b)........  $5,000.
     retester's identification
     number (RIN).
    3. Failure to have current    180.205(b)........  $2,500 + $600 each
     authority due to failure to                       additional year.
     renew a RIN.
    4. Marking a RIN before       180.205(b)........  $1,000.
     successfully completing a
     hydrostatic retest.
    5. Representing, marking, or  171.2(c), (e),      $2,500 to $7,500.
     certifying a cylinder as      180.205(c),
     meeting the requirements of   Special Permit.
     a special permit when the
     cylinder was not maintained
     or retested in accordance
     with the special permit.
    6. Failure to conduct a       180.205(f)........  $2,600 to $6,500.
     complete visual external
     and internal examination.
    7. Performing hydrostatic     180.205(g)(1),      $2,600 to $6,500.
     retesting without             180.205(g)(3).
     confirming the accuracy of
     the test equipment or
     failing to conduct
     hydrostatic testing.
    8. Failure to hold            180.205(g)(5).....  $3,800.
     hydrostatic test pressure
     for 30 seconds or
     sufficiently longer to
     allow for complete
     expansion.
    9. Failure to perform a       180.205(g)(5).....  $3,800.
     second retest, after
     equipment failure, at a
     pressure increased by the
     lesser of 10 percent or 100
     psi (includes exceeding
     90percent of test pressure
     prior to conducting a
     retest).
    10. Failure to condemn a      180.205(i)........  $7,500 to $13,500.
     cylinder when required
     (e.g., permanent expansion
     exceeds 10 percent of total
     expansion [5percent for
     certain special permit
     cylinders], internal or
     external corrosion,
     denting, bulging, evidence
     of rough usage).
    11. Failure to properly mark  180.205(i)(2).....  $1,000 to $5,000.
     a condemned cylinder or
     render it incapable of
     holding pressure.
    12. Failure to notify the     180.205(i)(2).....  $1,200.
     cylinder owner in writing
     when a cylinder has been
     condemned.
    13. Failure to perform        180.209(a)........  $2,600 to $6,500.
     hydrostatic retesting at
     the minimum specified test
     pressure.
    14. Marking a star on a       180.209(b)........  $2,500 to $5,000.
     cylinder that does not
     qualify for that mark.
    15. Marking a `` + '' sign    173.302a(b).......  $2,500 to $5,000.
     on a cylinder without
     determining the average or
     minimum wall stress by
     calculation or reference to
     CGA Pamphlet C-5.
    16. Marking a cylinder in or  180.213(b)........  $7,500 to $13,500.
     on the sidewall when not
     permitted by the applicable
     specification.
    17. Failure to maintain       180.213(b)(1).....  $1,000.
     legible markings on a
     cylinder.
    18. Marking a DOT 3HT         180.213(c)(2).....  $7,500 to $13,500.
     cylinder with a steel stamp
     other than a low-stress
     steel stamp.
    19. Improper marking of the   180.213(d)........  $1,000.
     RIN or retest date on a
     cylinder.

[[Page 57]]

 
    20. Marking an FRP cylinder   Special Permit....  $7,500 to $13,500.
     with steel stamps in the
     FRP area of the cylinder
     such that the integrity of
     the cylinder is compromised.
    21. Failure to comply with    Appendix C to part  $2,600 to $6,500.
     eddy current examination      180.
     requirements for DOT 3AL
     cylinders manufactured of
     aluminum alloy 6351-T6,
     when applicable.
    22. Failure to maintain       180.215(a)........  $700 to $1,500.
     current copies of the HMR,
     DOT special permits, and
     CGA Pamphlets applicable to
     inspection, retesting, and
     marking activities.
    23. Failure to keep complete  180.215(b).
     and accurate records of
     cylinder reinspection and
     retest:
        a. No records kept......  ..................  $5,000.
        b. Incomplete or          ..................  $1,200 to $3,700.
         inaccurate records.
------------------------------------------------------------------------
                          Carrier Requirements
------------------------------------------------------------------------
A. Incident Notification:
    1. Failure to provide         171.15............  $6,000.
     immediate telephone/online
     notification of a
     reportable hazardous
     materials incident
     reportable under 171.15(b).
    2. Failure to file a written  171.16............  $4,000.
     hazardous material incident
     report within 30 days of
     discovering a hazardous
     materials incident
     reportable under 171.15(b)
     or 171.16(a).
    3. Failure to include all     171.15, 171.16....  $1,000.
     required information in
     hazardous materials
     incident notice or report
     or failure to update report.
B. Shipping Papers:
    1. Failure to retain          174.24(b),          $1,200.
     shipping papers for 1 year    175.33(c),
     after a hazardous material    176.24(b),
     (or 3 years for a hazardous   177.817(f).
     waste) is accepted by the
     initial carrier.
C. Stowage/Attendance/
 Transportation Requirements:
    1. Transporting packages of   Various...........  $3,700 and up.
     hazardous material that
     have not been secured
     against movement.
    2. Failure to properly        Various...........  $9,300 and up.
     segregate hazardous
     materials.
    3. Failure to remove a        177.834(h).
     package containing
     hazardous materials from a
     motor vehicle before
     discharge of its contents:
        a. Packing Group I and    ..................  $5,000.
         Sec. 172.504 Table 1
         materials.
        b. Packing Group II.....  ..................  $3,000.
        c. Packing Group III....  ..................  $1,000.
    4. Transporting explosives    177.835(i)........  $6,500 and up.
     in a motor vehicle
     containing metal or other
     articles or materials
     likely to damage the
     explosives or any package
     in which they are
     contained, without
     segregating in different
     parts of the load or
     securing them in place in
     or on the motor vehicle and
     separated by bulkheads or
     other suitable means to
     prevent damage.
    5. Failure to attend Class 1  177.835(k)........  $3,000.
     explosive materials during
     transportation.
    6. Transporting railway       171.2(b), (e).....  $8,700.
     track torpedoes outside of
     flagging kits, in violation
     of DOT-E 7991.
    7. Failure to carry a hazmat  107.620(b)........  $1,000.
     registration letter or
     number in the transport
     vehicle.
    8. Transporting Class 7       177.842(a)........  $6,200 and up.
     (radioactive) material
     having a total transport
     index greater than 50.
    9. Transporting Class 7       177.842(b)........  $6,200 and up.
     (radioactive) material
     without maintaining the
     required separation
     distance.
    10. Failure to comply with    171.2(b), (e),      $6,200 and up.
     radiation survey              Special Permit.
     requirements of a special
     permit that authorizes the
     transportation of Class 7
     (radioactive) material
     having a total
     transportation index
     exceeding 50.
------------------------------------------------------------------------

    The baseline penalty amounts in Part II are used as a starting 
amount or range appropriate for the normal or typical nature, extent, 
circumstances, and gravity of the probable violations frequently cited 
in enforcement reports. PHMSA must also consider any additional factors, 
as provided in 49 U.S.C. 5123(c) and 49 CFR 107.331, including the 
nature, circumstances, extent and gravity of a violation, the degree of 
culpability and compliance history of the respondent,

[[Page 58]]

the financial impact of the penalty on the respondent, and other matters 
as justice requires. Consequently, at each stage of the administrative 
enforcement process, up to and including issuance of a final order or 
decision on appeal, PHMSA can adjust the baseline amount in light of the 
specific facts and circumstances of each case.
    As part of this analysis, PHMSA reviews the factors outlined in the 
next section, Miscellaneous Factors Affecting Penalty Amounts, the 
safety implications of the violation, the pervasiveness of the 
violation, and all other relevant information. PHMSA considers not only 
what happened as a result of the violation, but also what could have 
happened as a result of continued violation of the regulations. As a 
general matter, one or more specific instances of a violation are 
presumed to reflect a respondent's general manner of operations, rather 
than isolated occurrences.
    PHMSA may draw factors relevant to the statutory considerations from 
the initial information gathered by PHMSA's Office of Hazardous 
Materials Safety Field Operations, the respondent in response to an exit 
briefing, ticket, or Notice of Probable Violation (NOPV), or information 
otherwise available to us. We will generally apply the specific 
statutory factors that are outlined in the next section, Miscellaneous 
Factors Affecting Penalty Amounts, in the following order:
    1. Select the appropriate penalty amount within a specific baseline 
or range, with appropriate increases or decreases depending on the 
packing group or material involved and other information regarding the 
frequency or duration of the violation, the culpability of the 
respondent, and the actual or potential consequences of the violation.
    2. Apply decreases for a reshipper or carrier that reasonably relied 
on an offeror's non-compliant preparation of a hazardous materials 
shipment.
    3. Apply increases for multiple counts of the same violation.
    4. Apply increases for prior violations of the HMR within the past 
six years.
    5. Apply decreases for corrective actions.
    6. Apply decreases for respondent's inability to pay or adverse 
effect on its ability to continue in business.

After each adjustment listed above, PHMSA will use the new modified 
baseline to calculate each subsequent adjustment. PHMSA will apply 
adjustments separately to each individual violation. All penalty 
assessments will be subject to additional adjustments as appropriate to 
reflect other matters as justice requires.

                       A. Respondents That Reship

    A person who either receives hazardous materials from another 
company and reships them (reshipper), or accepts a hazardous material 
for transportation, and transports that material (carrier), is 
responsible for ensuring that the shipment complies in all respects with 
Federal hazardous materials transportation law. In both cases, the 
reshipper or carrier independently may be subject to enforcement action 
if the shipment does not comply.
    Depending on all the circumstances, however, the person who 
originally prepared the shipment and placed it into transportation may 
have greater culpability for the noncompliance than the reshipper or 
carrier who reasonably relies on the shipment as received and does not 
open or alter the package before the shipment continues in 
transportation. PHMSA will consider the specific knowledge and expertise 
of all parties, as well as which party is responsible for compliance 
under the regulations, when evaluating the culpability of a reshipper or 
carrier. PHMSA recognizes that a reshipper or carrier may have 
reasonably relied upon information from the original shipper and may 
reduce the applicable baseline penalty amount up to 25 percent.

                B. Penalty Increases for Multiple Counts

    A main objective of PHMSA's enforcement program is to obtain 
compliance with the HMR and the correction of violations which, in many 
cases, have been part of a company's regular course of business. As 
such, there may be multiple instances of the same violation. Examples 
include a company shipping various hazardous materials in the same 
unauthorized packaging, shipping the same hazardous material in more 
than one type of unauthorized packaging, shipping hazardous materials in 
one or more packagings with the same marking errors, or using shipping 
papers with multiple errors.
    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 
relating to packaging manufacture or qualification) is subject to a 
civil penalty of up to $78,376 or $182,877 for a violation occurring on 
or after April 19, 2017. As such, PHMSA generally will treat multiple 
occurrences that violate a single regulatory provision as separate 
violations and assess the applicable baseline penalty for each distinct 
occurrence of the violation. PHMSA will generally consider multiple 
shipments or, in the case of package testers, multiple package designs, 
to be multiple occurrences; and each shipment or package design may 
constitute a separate violation.
    PHMSA, however, will exercise its discretion in each case to 
determine the appropriateness of combining into a single violation what 
could otherwise be alleged as separate violations and applying a single 
penalty for multiple counts or days of a violation, increased by 25 
percent for each additional instance, as directed by 49 U.S.C. 5123(c). 
For

[[Page 59]]

example, PHMSA may treat a single shipment containing three items or 
packages that violate the same regulatory provision as a single 
violation and apply a single baseline penalty with a 50 percent increase 
for the two additional items or packages; and PHMSA may treat minor 
variations in a package design for a package tester as a single 
violation and apply a single baseline penalty with a 25 percent increase 
for each additional variation in design.
    When aggravating circumstances exist for a particular violation, 
PHMSA may handle multiple instances of a single regulatory violation 
separately, each meriting a separate baseline or increase the civil 
penalty by 25 percent for each additional instance. Aggravating factors 
may include increased safety risks, continued violation after receiving 
notice, or separate and distinct acts. For example, if the multiple 
occurrences each require their own distinct action, then PHMSA may count 
each violation separately (e.g., failure to obtain approvals for 
separate fireworks devices).

                C. Penalty Increases for Prior Violations

    The baseline penalty in the List of Frequently Cited Violations 
assumes an absence of prior violations. If a respondent has prior 
violations of the HMR, generally, PHMSA will increase a proposed 
penalty.
    When setting a civil penalty, PHMSA will review the respondent's 
compliance history and determine if there are any finally-adjudicated 
violations of the HMR initiated within the previous six years. Only 
cases or tickets that have been finally-adjudicated will be considered 
(i.e., the ticket has been paid, a final order has been issued, or all 
appeal remedies have been exhausted or expired). PHMSA will include 
prior violations that were initiated within six years of the present 
case; a case or ticket will be considered to have been initiated on the 
date of the exit briefing for both the prior case and the present case. 
If multiple cases are combined into a single Notice of Probable 
Violation or ticket, the oldest exit briefing will be used to determine 
the six-year period. If a situation arises where no exit briefing is 
issued, the date of the Notice of Probable Violation or Ticket will be 
used to determine the six-year period. PHMSA may consider prior 
violations of the Hazardous Materials Regulations from other DOT 
Operating Administrations.
    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 percent 
increase over the pre-mitigation recommended baseline penalty.
    2. For each prior ticket--10 percent increase over the pre-
mitigation recommended baseline penalty.
    3. If a respondent is cited for operating under an expired special 
permit and previously operated under an expired special permit (as 
determined in a finally-adjudicated civil, criminal, or administrative 
enforcement case or a ticket), PHMSA will increase the civil penalty 100 
percent.
    4. If a respondent is cited for the exact same violation that it has 
been previously cited for within the six-year period (in a finally-
adjudicated civil, criminal, or administrative enforcement case or a 
ticket), PHMSA will increase the baseline for that violation by 100 
percent. This increase will apply only when the present violation is 
identical to the previous violation and applies only to the specific 
violation that has recurred.
    5. A baseline proposed penalty (both for each individual violation 
and the combined total) will not be increased more than 100 percent on 
the basis of prior violations.

                          D. Corrective Action

    PHMSA may lower a proposed penalty when a respondent's documented 
corrective action has fixed an alleged violation. Corrective action 
should demonstrate not only that the specific deficiency is corrected 
but also that any systemic corrections have been addressed to prevent 
recurrence of the violation.
    The two primary factors that determine the reduction amount are the 
extent and timing of the corrective action. In other words, PHMSA will 
determine the amount of mitigation based on how much corrective action a 
respondent completes and how soon after the exit briefing it performs 
corrective action. Comprehensive systemic action to prevent future 
violations may warrant greater mitigation than actions that simply 
target violations identified during the inspection. Actions taken 
immediately (within the 30 calendar day period that respondents have to 
respond to an exit briefing, or upon approval of Field Operations) may 
warrant greater mitigation than actions that are not taken promptly.
    PHMSA may consider a respondent's corrective action to assess 
mitigation at various stages in the enforcement process, including: (1) 
AFTEr an inspection and before an NOPV is issued; (2) on receipt of an 
NOPV; or (3) after receipt of an NOPV. In order to reduce a civil 
penalty for corrective action, PHMSA must receive satisfactory 
documentation that demonstrates the corrective action was completed. If 
a corrective action is of a type that cannot be documented (e.g., no 
longer using a particular packaging), then a respondent may provide a 
signed affidavit describing the action it took. The affidavit must begin 
with the affirmative oath ``I hereby affirm under the penalties of 
perjury that the below statements are true and correct to the best of my 
knowledge, information and belief,'' in accordance with 28 U.S.C. 1746.

[[Page 60]]

    Generally, corrective action credit may not exceed 25 percent. 
Mitigation is applied to individual violations and fact patterns but 
should not be considered to be automatic reduction. 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. If a respondent has previously 
committed the same violation, however, as determined in a finally-
adjudicated civil, criminal, or administrative enforcement case or a 
ticket, PHMSA will not apply any reduction for corrective action.
    In determining the appropriate civil penalty reduction, PHMSA will 
consider the extent to which the respondent corrected the violation and 
any risks or harms it created, the respondent's actions to prevent the 
violation from recurring, improvements to overall company practices to 
address a widespread compliance issue, and how quickly the corrective 
action was performed. In general, PHMSA will apply the following 
reductions for corrective action, subject to the facts and circumstances 
of individual cases and respondents. If a respondent has given full 
documentation of timely corrective action and PHMSA does not believe 
that anything else can be done to correct the violation or improve 
overall company practices, we will generally reduce the civil penalty by 
no more than 25 percent. As noted above, a 25 percent reduction is not 
automatic. We will reduce the penalty up to 20 percent when a respondent 
promptly and completely corrected the cited violation and has taken 
substantial steps toward comprehensive improvements. PHMSA will 
generally apply a reduction up to 15 percent when a respondent has made 
substantial and timely progress toward correcting the specific violation 
as well as overall company practices, but additional actions are needed. 
A reduction up to 10 percent is appropriate when a respondent has taken 
significant steps toward addressing the violation, but minimal or no 
steps toward correcting broader company policies to prevent future 
violations. PHMSA may reduce a penalty up to 5 percent when a respondent 
made untimely or minimal efforts toward correcting the violation.

                       E. Financial Considerations

    PHMSA may mitigate a proposed penalty when a respondent documents 
that the penalty would either (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 a violation. PHMSA may apply this mitigation by reducing the 
civil penalty or instituting a payment plan.
    PHMSA will only mitigate a civil penalty based on financial 
considerations when a respondent supplies financial documentation 
demonstrating one of the factors above. A respondent may submit 
documentation of financial hardship at any stage to receive mitigation 
or an installment payment plan. Documentation includes tax records, a 
current balance sheet, profit and loss statements, and any other 
relevant records. Evidence of a respondent's financial condition is used 
only to decrease a penalty, and not to increase it.
    In evaluating the financial impact of a penalty on a respondent, 
PHMSA will consider all relevant information on a case-by-case basis. 
Although PHMSA will determine financial hardship and appropriate penalty 
adjustments on an individual basis, in general, we will consider the 
following factors.
    1. The overall financial size of the respondent's business and 
information on the respondent's balance sheet, including the current 
ratio (current assets to current liabilities), the nature of current 
assets, and net worth (total assets minus total liabilities).
    2. A current ratio close to or below 1.0 may suggest that the 
company would have difficulty in paying a large penalty or in paying it 
in a single lump sum.
    3. A small amount of cash on hand (representing limited liquidity), 
even with substantial other current assets (such as accounts receivable 
or inventory), may suggest a company would have difficulty in paying a 
penalty in a single lump sum.
    4. A small or negative net worth may suggest a company would have 
difficulty in paying a penalty in a single lump sum. Notwithstanding, 
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.
    When PHMSA determines that a proposed penalty poses a significant 
financial hardship, we may reduce the proposed penalty and/or implement 
an installment payment plan. The appropriateness of these options will 
depend on the circumstances of the case.
    When an installment payment plan is appropriate, the length of the 
payment plan should be as short as possible, but may be adjusted as 
necessary. PHMSA will not usually exceed six months for a payment plan. 
In unusual circumstances, PHMSA may extend the period of a payment plan. 
For example, the duration of a payment plan may reflect fluctuations in 
a company's income if its business is seasonal or if the company has 
documented specific reasons for current non-liquidity.

[78 FR 60733, Oct. 2, 2013, as amended at 81 FR 42268, June 29, 2016; 82 
FR 18399, Apr. 19, 2017]

[[Page 61]]



      Subpart E_Designation of Approval and Certification Agencies



Sec. 107.401  Purpose and scope.

    (a) This subpart establishes procedures for the designation of 
agencies to issue 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), and for lighters, portable tanks, multi-
element gas containers, and Division 1.4G consumer fireworks in 
conformance with the requirements of this subchapter. 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.

[78 FR 42473, July 16, 2013]



Sec. 107.402  Application for designation as a certification agency.

    (a) Any organization or person seeking to be approved as a 
certification agency must 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 in an appropriate format may 
be submitted by facsimile (fax) to: (202) 366-3753 or (202) 366-3308 or 
by electronic mail (email) to: [email protected] Each application must 
be signed and certified to be correct by the applicant or, if the 
applicant is an organization, by an authorized officer or official 
representative of the organization. Any false statement or 
representation, or the knowing and willful concealment of a material 
fact, may subject the applicant to prosecution under the provisions of 
18 U.S.C. 1001, and result in the denial or termination of a 
designation.
    (b) Each application for approval as a certification agency must be 
in English and include the following information:
    (1) Information required by the provisions in subpart H of this 
part;
    (2) 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 Sec. 105.40 
of this subchapter to serve as agent for service of process. A person 
approved as a certification agency is not a PHMSA agent or 
representative;
    (3) A statement acknowledging that the Associate Administrator or a 
designated official may inspect, on demand, its records and facilities 
in so far as they relate to the certification activities and will 
cooperate in the conduct of such inspections; and
    (4) Any additional information relevant to the applicant's 
qualifications, upon request of the Associate Administrator or a 
designated official.
    (c) UN Third-Party Packaging Certification Agency. In addition to 
the requirements in paragraph (b) of this section, the application must 
include the following information:
    (1) A listing, by DOT specification (or special permit) number, or 
U.N. designation, of the types of packagings for which certification 
authority is sought;
    (2) A statement showing proof that the applicant has:
    (i) The ability to review and evaluate design drawings, design and 
stress calculations;
    (ii) The knowledge of the applicable regulations of subchapter C of 
this chapter and, when applicable, U.N. standards;
    (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.
    (3) A statement that the applicant will perform its functions 
independent of the manufacturers and owners of the packagings concerned.
    (4) If the applicant's principal place of business is in a country 
other than

[[Page 62]]

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 PHMSA.
    (d) Fireworks Certification Agency. Prior to reviewing, and 
certifying Division 1.4G consumer fireworks (UN0336) for compliance with 
the APA Standard 87-1 (IBR, see Sec. 171.7 of this chapter) as specified 
in part 173 of this chapter, a person must apply to, and be approved by, 
the Associate Administrator to act as an Fireworks Certification Agency.
    (1) Fireworks Certification Agency applicant requirements. The 
Fireworks Certification Agency applicant must--
    (i) Be a U.S. resident, or for a non-U.S. resident, have a 
designated U.S. agent representative as specified in Sec. 105.40 of this 
subchapter;
    (ii) Employ personnel with work experience in manufacturing or 
testing of fireworks or explosives; or a combination of work experience 
in manufacturing or testing of fireworks or explosives and a degree in 
the physical sciences or engineering from an accredited university;
    (iii) Have the ability to:
    (A) Review design drawings, and applications to certify that they 
are in accordance with the APA Standard 87-1; and
    (B) Verify that the applicant has certified the thermal stability 
test procedures and results.
    (iv) Must be independent of and not owned by any consumer fireworks 
manufacturer, distributor, import or export company, or proprietorship.
    (2) Fireworks Certification Agency application submittal 
requirements. In addition to the requirements of paragraphs (b) and 
(d)(1) of this section, the Fireworks Certification Agency application 
must include--
    (i) Name, address, and country of each facility where Division 1.4G 
consumer fireworks applications are reviewed and certified;
    (ii) A detailed description of the qualifications of each individual 
the applicant proposes to employ to review, and certify that the 
requirements specified by part 173 of this chapter and the APA Standard 
87-1 have been met;
    (iii) Written operating procedures to be used by the Fireworks 
Certification Agency to review and certify that a Division 1.4G consumer 
fireworks application meets the requirements specified in the APA 
Standard 87-1;
    (iv) Name, address, and principal business activity of each person 
having any direct or indirect interest in the applicant greater than 
three percent and any direct or indirect ownership interest in each 
subsidiary or division of the applicant; and
    (v) A statement that the applicant will perform its functions 
independent of the manufacturers, transporters, importers, and owners of 
the fireworks.
    (e) Lighter certification agency. Prior to examining and testing 
lighters (UN1057) for certification of compliance with the requirements 
of Sec. 173.308 of this chapter a person must submit an application to, 
and be approved by, the Associate Administrator to act as a lighter 
certification agency. In addition to paragraph (b) of this section, the 
application must include the following information:
    (1) The name and address of each facility where lighters are 
examined and tested;
    (2) A detailed description of the applicant's qualifications and 
ability to, examine and test lighters and certify that the requirements 
specified by Sec. 173.308 of this chapter have been met; and
    (3) A statement that the agency is independent of and not owned by a 
lighter manufacturer, distributor, import or export company, or 
proprietorship.
    (f) Portable tank and MEGC certification agencies. Prior to 
inspecting portable tanks or multi-element gas containers (MEGCs) for 
certification of compliance with the requirements of Secs. 178.273 and 
178.74 of this chapter, respectively, a person must submit an 
application to, and be approved by, the Associate Administrator to act 
as a certification agency. In addition to paragraph (b) of this section, 
the application must provide the following information:

[[Page 63]]

    (1) The name and address of each facility where the portable tank or 
MEGC, as applicable, is examined and tested;
    (2) A detailed description of the applicant's qualifications and 
ability to examine and test portable tanks or MEGCs, as applicable, and 
certify that the requirements specified by Sec. 178.273 of this chapter 
for the approval of UN portable tanks, or Sec. 178.74 of this chapter 
for the approval of MEGCs have been met; and
    (3) A statement indicating that the agency is independent of and not 
owned by a portable tank or MEGC manufacturer, owner, or distributor.

[78 FR 42473, July 16, 2013, as amended at 78 FR 60750, Oct. 2, 2013; 81 
FR 35512, June 2, 2016]



Sec. 107.403  Designation of certification agencies.

    (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 the application is denied by the Associate Administrator 
of Hazardous Materials Safety, the applicant may, within 20 days of 
receipt of the decision, request reconsideration by the Associate 
Administrator as set forth in Sec. 107.715. If the reconsideration is 
denied by the Associate Administrator, the applicant may appeal the 
Associate Administrator's decision, within 30 days of the Associate 
Administrator's decision, to the Administrator of PHMSA, as specified in 
Sec. 107.717.
    (d) The Associate Administrator may modify, suspend, or terminate an 
approval submitted under this subpart as set forth in Sec. 107.713.

[Amdt. 107-13, 50 FR 10062, Mar. 13, 1985, as amended by Amdt. 107-23, 
56 FR 66157, Dec. 20, 1991; Amdt. 107-32, 59 FR 49131, Sept. 26, 1994; 
66 FR 45377, Aug. 28, 2001; 78 FR 42474, July 16, 2013]



Sec. 107.404  Conditions of designation.

    (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 Sec. 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.

[Amdt. 107-13, 50 FR 10062, Mar. 13, 1985, as amended by Amdt. 107-23, 
56 FR 66157, Dec. 20, 1991; 66 FR 45377, Aug. 28, 2001]



Sec. 107.405  [Reserved]



   Subpart F_Registration of Cargo Tank and Cargo Tank Motor Vehicle 
 Manufacturers, Assemblers, Repairers, Inspectors, Testers, and Design 
                          Certifying Engineers



Sec. 107.501  Scope.

    (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

[[Page 64]]

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.

[Amdt. 107-20, 55 FR 37047, Sept. 7, 1990]



Sec. 107.502  General registration requirements.

    (a) Definitions: For purposes of this subpart--
    (1) Assembly means the performance of any of the following functions 
when the function does not involve welding on the cargo tank wall:
    (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 Authorized Inspector, Cargo tank, Cargo tank motor 
vehicle, Design Certifying Engineer, Registered Inspector, and Person 
are defined in Sec. 171.8 of this chapter.
    (3) The terms cargo tank wall and manufacturer are defined in 
Sec. 178.320(a), and repair is defined in Sec. 180.403 of this chapter.
    (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. The requirements of this paragraph (b) 
do not apply to a person engaged in the repair of a DOT specification 
cargo tank used in the transportation of hazardous materials in the 
United States in accordance with Sec. 180.413(a)(1)(iii) of this 
chapter.
    (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.

[Amdt. 107-20, 54 FR 25003, June 12, 1989; 55 FR 37047, Sept. 7, 1990, 
as amended by Amdt. 107-22, 55 FR 39978, Oct. 1, 1990; Amdt. 107-23, 56 
FR 66157, Dec. 20, 1991; Amdt. 107-28, 58 FR 46873, Sept. 3, 1993; Amdt. 
107-39, 61 FR 51337, Oct. 1, 1996; 67 FR 61011, Sept. 27, 2002; 68 FR 
19273, Apr. 18, 2003; 72 FR 55683, Oct. 1, 2007; 82 FR 15832, Mar. 30, 
2017]



Sec. 107.503  Registration statement.

    (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

[[Page 65]]

qualification requirements set forth in Sec. 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 Sec. 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.

[Amdt. 107-20, 54 FR 25003, June 12, 1989; 55 FR 37047, Sept. 7, 1990; 
57 FR 365, Jan. 6, 1992; Amdt. 107-32, 59 FR 49131, Sept. 26, 1994; 
Amdt. 107-39, 61 FR 51337, Oct. 1, 1996; 63 FR 52846, Oct. 1, 1998; 68 
FR 19273, Apr. 18, 2003]



Sec. 107.504  Period of registration, updates, and record retention.

    (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 Sec. 107.503. Any person 
initially registered under the provisions of Sec. 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 
Sec. 107.503;
    (2) Replacement of the person responsible for compliance with the 
requirements in Sec. 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

[[Page 66]]

and a current copy of the registration number identification received 
from the Department at the location identified in Sec. 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.

[Amdt. 107-20, 54 FR 25003, June 12, 1989; 55 FR 37048, Sept. 7, 1990, 
as amended by Amdt. 107-20, 56 FR 27875, June 17, 1991; Amdt. 107-37, 61 
FR 18931, Apr. 29, 1996; 71 FR 54390, Sept. 14, 2006]



   Subpart G_Registration of Persons Who Offer or Transport Hazardous 
                                Materials

    Source: Amdt. 107-26, 57 FR 30630, July 9, 1992, unless otherwise 
noted.



Sec. 107.601  Applicability.

    (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 Sec. 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 Sec. 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 (i.e., ``material poisonous by 
inhalation,'' as defined in Sec. 171.8 of this chapter, that meets the 
criteria for ``hazard zone A,'' as specified in Sec. 173.116(a) or 
Sec. 173.133(a) of this chapter);
    (4) A shipment of a quantity of hazardous materials in a bulk 
packaging (see Sec. 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 Sec. 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.

[65 FR 7309, Feb. 14, 2000, as amended at 67 FR 61011, Sept. 27, 2002]



Sec. 107.606  Exceptions.

    (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, provided that the country of which such a 
person is a domiciliary does not require persons domiciled in the United 
States, who solely offer hazardous materials for transportation to the 
foreign country from places in the United States, to file a registration 
statement or to pay a registration fee.
    (b) Upon making a determination that persons domiciled in the United 
States, who offer hazardous materials for transportation to a foreign 
country

[[Page 67]]

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 
Federal Register. Persons who offer hazardous materials for 
transportation to the United States from that foreign country must file 
a registration statement and pay the required fee no later than 60 days 
following publication of the determination in the Federal Register.

[Amdt. 107-34, 60 FR 27233, May 23, 1995, as amended at 63 FR 52847, 
Oct. 1, 1998; 72 FR 24538, May 3, 2007]



Sec. 107.608  General registration requirements.

    (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 Sec. 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 http://phmsa.dot.gov/hazmat /
registration.
    (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 Sec. 105.40, to serve as agent for service of process.

[Amdt. 107-26, 57 FR 30630, July 9, 1992, as amended by Amdt. 107-31, 59 
FR 32932, June 27, 1994; 65 FR 7309, Feb. 14, 2000; 67 FR 61011, Sept. 
27, 2002; 70 FR 56090, Sept. 23, 2005; 72 FR 55683, Oct. 1, 2007; 76 FR 
56311, Sept. 13, 2011]



Sec. 107.612  Amount of fee.

    (a) For purposes of determining the applicable annual registration 
fee specified in paragraph (b) of this section, the following 
classification applies to each person required to register and pay a 
registration fee:
    (1) Small business. A person that qualifies as a small business, 
under criteria specified in 13 CFR part 121 applicable to the North 
American Industry Classification System (NAICS) code that describes that 
person's primary commercial activity.
    (2) Not-for-profit organization. An organization exempt from 
taxation under 26 U.S.C. 501(a).
    (3) Other than a small business or not-for-profit organization. Each 
person that does not meet the criteria specified in paragraph (a)(1) or 
(a)(2) of this section.
    (b) Each person subject to the requirements of this subpart must pay 
the processing fee specified in paragraph (c) of this section and the 
annual registration fee set forth in the following table:

----------------------------------------------------------------------------------------------------------------
                                                                                                Other than small
                                                                              Not-for-profit    business or not-
                   Registration year                       Small business      organization        for-profit
                                                                                                  organization
----------------------------------------------------------------------------------------------------------------
2014-2015 and later....................................               $250               $250             $2,575
2013-2014..............................................                125                125              1,300
2012-2013, 2011-2012, 2010-2011........................                250                250              2,575
2009-2010, 2008-2009, 2007-2008, 2006-2007.............                250                250                975
2005-2006, 2004-2005, 2003-2004........................                125                125                275
2002-2003, 2001-2002, 2000-2001........................                275              (\1\)              1,975
1999-2000 and earlier..................................                250                250                250
----------------------------------------------------------------------------------------------------------------
\1\ Fee appropriate for small or other than small business.


[[Page 68]]

    (c) Each person submitting a registration statement must pay the 
following processing fee in addition to the registration fees specified 
in paragraph (b) of this section:
    (1) For registration years 2000-2001 and later, the processing fee 
is $25 for each registration statement filed. A single statement may be 
filed for one, two, or three registration years as provided in 
Sec. 107.616(c).
    (2) For registration years 1999-2000 and earlier, the processing fee 
is $50 for each registration statement filed. A separate statement must 
be filed for each registration year.

[78 FR 23506, Apr. 19, 2013]



Sec. 107.616  Payment procedures.

    (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 http://phmsa.dot.gov/hazmat /
registration. A registrant required to file an amended registration 
statement under Sec. 107.608(c) must mail it to the same address or 
submit it through the same Internet site.
    (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 complete and accurate registration statement.

[Amdt. 107-26, 57 FR 30630, July 9, 1992, as amended by Amdt. 107-26, 58 
FR 12545, Mar. 5, 1993; 65 FR 7310, Feb. 14, 2000; 67 FR 58345, Sept. 
16, 2002; 68 FR 1346, Jan. 9, 2003; 71 FR 54390, Sept. 14, 2006; 72 FR 
24538, May 3, 2007; 76 FR 56311, Sept. 13, 2011]



Sec. 107.620  Recordkeeping requirements.

    (a) Each person subject to the requirements of this subpart, or its 
agent designated under Sec. 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

[[Page 69]]

the registration statement to an authorized representative or special 
agent of DOT upon request.

[Amdt. 107-26, 57 FR 30630, July 9, 1992, as amended at 57 FR 37902, 
Aug. 21, 1992; Amdt. 107-26, 58 FR 12545, Mar. 5, 1993; Amdt. 107-31, 59 
FR 32932, June 27, 1994]



           Subpart H_Approvals, Registrations and Submissions

    Source: Amdt. 107-38, 61 FR 21100, May 9, 1996, unless otherwise 
noted.



Sec. 107.701  Purpose and scope.

    (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.

[Amdt. 107-38, 61 FR 21100, May 9, 1996; Amdt. 107-38, 61 FR 27948, June 
3, 1996]



Sec. 107.705  Registrations, reports, and applications for approval.

    (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: [email protected]
    (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 Sec. 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) Description of approval proposal. 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 include the following information that is relevant to the approval 
application--
    (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

[[Page 70]]

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, at least 60 days before an existing approval expires 
the holder files an application for renewal that is complete and 
conforms to the requirements of this section, the approval will not 
expire until final administrative action on the application for renewal 
has been taken. Operation under an expired approval not filed within 60 
days of the expiration date is prohibited. This paragraph does not limit 
the authority of the Associate Administrator to modify, suspend or 
terminate an approval under Sec. 107.713.
    (d) To request confidential treatment for information contained in 
the application, the applicant shall comply with Sec. 105.30(a).

[Amdt. 107-38, 61 FR 21100, May 9, 1996, as amended at 65 FR 50457, Aug. 
18, 2000; 67 FR 61011, Sept. 27, 2002; 70 FR 56090, Sept. 23, 2005; 70 
FR 73162, Dec. 9, 2005; 72 FR 55683, Oct. 1, 2007; 79 FR 15043, Mar. 18, 
2014; 80 FR 54437, Sept. 10, 2015]



Sec. 107.709  Processing of an application for approval, including
an application for renewal or modification.

    (a) No public hearing or other formal proceeding is required under 
this subpart before the disposition of an application.
    (b) The Associate Administrator will review an application for an 
approval, modification of an approval, or renewal of an approval in 
conformance with the standard operating procedures specified in appendix 
A of this part (``Standard Operating Procedures for Special Permits and 
Approvals''). 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 Associate Administrator may deem the application 
incomplete and deny it. The Associate Administrator may grant a 30-day 
extension to respond to the written request for additional information 
if the applicant makes such a request in writing.
    (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, or delete 
conditions in the application which are unnecessary.
    (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.

[Amdt. 107-38, 61 FR 21100, May 9, 1996, as amended at 80 FR 54437, 
Sept. 10, 2015]



Sec. 107.711  Withdrawal.

    An application may be withdrawn at any time before a decision to 
grant or

[[Page 71]]

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 
Sec. 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.

[Amdt. 107-38, 61 FR 21100, May 9, 1996, as amended at 67 FR 61011, 
Sept. 27, 2002]



Sec. 107.713  Approval modification, suspension or termination.

    (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 Sec. 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.



Sec. 107.715  Reconsideration.

    (a) An applicant or a holder may request that the Associate 
Administrator reconsider a decision under Sec. 107.709(f) or 
Sec. 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.



Sec. 107.717  Appeal.

    (a) A person who requested reconsideration under Sec. 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.

[[Page 72]]

    (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.



    Subpart I_Approval of Independent Inspection Agencies, Cylinder 
   Requalifiers, and Non-domestic Chemical Analyses and Tests of DOT 
                         Specification Cylinders

    Source: 67 FR 51639, Aug. 8, 2002, unless otherwise noted.



Sec. 107.801  Purpose and scope.

    (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 
(e.g. inspection, testing, or certification), rebuilding, or repair of a 
cylinder manufactured in accordance with a DOT specification or a 
pressure receptacle in accordance with a UN standard under subchapter C 
of this chapter or under the terms of a special permit issued under this 
part, or a cylinder or tube manufactured in accordance with a TC, CTC, 
CRC, or BTC specification under the Transport Canada TDG Regulations 
(IBR; see Sec. 171.7 of this chapter);
    (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 Administrator 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.

[67 FR 51639, Aug. 8, 2002, as amended at 71 FR 33873, June 12, 2006; 78 
FR 60750, Oct. 2, 2013; 82 FR 15832, Mar. 30, 2017]



Sec. 107.803  Approval of an independent inspection agency (IIA).

    (a) General. Prior to performing cylinder inspections and 
verifications required by parts 178 and 180 of this chapter, a person 
must apply to the Associate Administrator for an approval as an 
independent inspection agency. A person approved as an independent 
inspection agency is not an PHMSA agent or representative.
    (b) Criteria. No applicant for approval as an independent inspection 
agency may be engaged in the manufacture of cylinders for use in the 
transportation of hazardous materials, or be directly or indirectly 
controlled by, or have a financial involvement with, any entity that 
manufactures cylinders for use in the transportation of hazardous 
materials, except for providing services as an independent inspector.
    (c) Application information. Each applicant must submit an 
application in conformance with Sec. 107.705 containing the information 
prescribed in Sec. 107.705(a). In addition, the application must contain 
the following information:
    (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.

[[Page 73]]

    (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)(5) 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) Facility inspection. Upon the request of the Associate 
Administrator, the applicant must allow the Associate Administrator or 
the Associate Administrator's designee to inspect the applicant's 
facilities and records. The person seeking approval must bear the cost 
of the inspection.
    (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.

[67 FR 51639, Aug. 8, 2002, as amended at 68 FR 24659, May 8, 2003; 71 
FR 33873, June 12, 2006; 78 FR 60750, Oct. 2, 2013]



Sec. 107.805  Approval of cylinder and pressure receptacle 
requalifiers.

    (a) General. A person must meet the requirements of this section to 
be approved to inspect, test, certify, repair, or rebuild a cylinder in 
accordance with a DOT specification or a UN pressure receptacle under 
subpart C of part 178 or subpart C of part 180 of this chapter, or under 
the terms of a special permit issued under this part, or a TC, CTC, CRC, 
or BTC specification cylinder or tube manufactured in accordance with 
the TDG Regulations (IBR, see Sec. 171.7 of this chapter).
    (b) Independent Inspection Agency Review. Each applicant must 
arrange for an independent inspection agency, approved by the Associate 
Administrator pursuant to this subpart, to perform a review of its 
inspection or requalification operation. The person seeking approval 
must bear the cost of the inspection. A list of approved independent 
inspection agencies is available from the Associate Administrator at the 
address listed in Sec. 107.705. Assistance in obtaining an approval is 
available from the same address.
    (c) Application for approval. If the inspection performed by an 
independent inspection agency is completed with satisfactory results, 
the applicant must submit a letter of recommendation from the 
independent inspection agency, an inspection report, and an application 
containing the information prescribed in Sec. 107.705(a). In addition, 
the application must contain--
    (1) The name of the facility manager;
    (2) The types of DOT specification or special permit cylinders, UN 
pressure receptacles, or TC, CTC, CRC, or BTC specification cylinders or 
tubes 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) Issuance of requalifier identification number (RIN). The 
Associate Administrator issues a RIN as evidence of approval to 
requalify DOT specification or special permit cylinders, or TC, CTC, 
CRC, or BTC specification cylinders or tubes, or UN pressure receptacles 
if it is determined, based on the applicant's submission and other 
available information, that the applicant's

[[Page 74]]

qualifications and, when applicable, facility are adequate to perform 
the requested functions in accordance with the criteria prescribed in 
subpart C of part 180 of this subchapter or TDG Regulations, as 
applicable.
    (e) Expiration of RIN. Unless otherwise provided in the issuance 
letter, an approval expires five years from the date of issuance, 
provided the applicant's facility and qualifications are maintained at 
or above the level observed at the time of inspection by the independent 
inspection agency, or at the date of the certification in the 
application for approval for requalifiers only performing inspections 
made under Sec. 180.209(g) of this chapter.
    (f) Exceptions. The requirements in paragraphs (b) and (c) of this 
section do not apply to:
    (1) A person who only performs inspections in accordance with 
Sec. 180.209(g) of this chapter provided the application contains the 
following, in addition to the information prescribed in Sec. 107.705(a): 
Identifies the DOT specification/special permit cylinders to be 
inspected; certifies the requalifier will operate in compliance with the 
applicable requirements of subchapter C of this chapter; certifies the 
persons performing inspections have been trained and have the 
information contained in each applicable CGA publication incorporated by 
reference in Sec. 171.7 of this chapter applicable to the requalifiers' 
activities; and includes the signature of the person making the 
certification and the date on which it was signed. 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; or
    (2) A person holding a DOT-issued RIN to perform the requalification 
(inspect, test, certify), repair, or rebuild of DOT specification 
cylinders, that wishes to perform any of these actions on corresponding 
TC, CTC, CRC, or BTC cylinders or tubes may submit an application that, 
in addition to the information prescribed in Sec. 107.705(a): Identifies 
the TC, CTC, CRC, or BTC specification cylinder(s) or tube(s) to be 
inspected; certifies the requalifier will operate in compliance with the 
applicable TDG Regulations; certifies the persons performing 
requalification have been trained in the functions applicable to the 
requalifiers' activities; and includes the signature of the person 
making the certification and the date on which it was signed. 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.
    (3) A person holding a certificate of registration issued by 
Transport Canada in accordance with the TDG Regulations to perform the 
requalification (inspect, test, certify), repair, or rebuild of a TC, 
CTC, CRC, or BTC cylinder who performs any of these actions on 
corresponding DOT specification cylinders.
    (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.

[67 FR 51639, Aug. 8, 2002, as amended at 68 FR 24659, May 8, 2003; 68 
FR 55544, Sept. 26, 2003; 70 FR 56090, Sept. 23, 2005; 70 FR 73162, Dec. 
9, 2005; 71 FR 33873, June 12, 2006; 76 FR 56311, Sept. 13, 2011; 82 FR 
15833, Mar. 30, 2017]



Sec. 107.807  Approval of non-domestic chemical analyses and tests.

    (a) General. A person who seeks to manufacture DOT specification or 
special permit cylinders outside the United States must seek an approval 
from the Associate Administrator to perform the chemical analyses and 
tests of those cylinders outside the United States.
    (b) Application for approval. Each applicant must submit an 
application containing the information prescribed in Sec. 107.705(a). In 
addition, the application must contain--
    (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

[[Page 75]]

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 to 
certify the analyses and tests and a statement from the agency 
indicating that it is independent of and not owned by a cylinder 
manufacturer, owner, or distributor; and
    (4) The signature of the person making the certification and the 
date on which it was signed.
    (c) Facility inspections. Upon the request of the Associate 
Administrator, the applicant must allow the Associate Administrator or 
the Associate Administrator's designee to inspect the applicant's 
cylinder manufacturing and testing facilities and records, and must 
provide such materials and cylinders 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.

[67 FR 51639, Aug. 8, 2002, as amended at 81 FR 35513, June 2, 2016]



Sec. 107.809  Conditions of UN pressure receptacle approvals.

    (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 Sec. 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.

[71 FR 33874, June 12, 2006]



 Sec. Appendix A to Part 107--Standard Operating Procedures for Special 
                          Permits and Approvals

    This appendix sets forth the standard operating procedures (SOPs) 
for processing an application for a special permit or an approval in 
conformance with 49 CFR parts 107 and 171 through 180. It is to be used 
by PHMSA for the internal management of its special permit and approval 
programs.
    The words ``special permit'' and ``approval'' are defined in 
Sec. 107.1. PHMSA receives applications for: (1) Designation as an 
approval or certification agency, (2) a new special permit or approval, 
renewal or modification of an existing special permit or an existing 
approval, (3) granting of party status to an existing special permit, 
and (4) in conformance with Sec. 107.117, emergency processing for a 
special permit. Depending on the type of application, the SOP review 
process includes several phases, such as Completeness, Publication, 
Evaluation, and Disposition.

                              Special Permit and Approval Evaluation Review Process
----------------------------------------------------------------------------------------------------------------
                                                                     Non-
                                               Special permit   classification   Classification    Registration
                                                                   approval         approval         approval
----------------------------------------------------------------------------------------------------------------
1. Completeness.............................               X                X                X                X
2. Publication..............................               X   ...............
3. Evaluation...............................
a. Technical................................               X                X                X
b. Safety Profile...........................               X                X   ...............               X
4. Disposition..............................
a. Approval.................................               X                X                X                X
b. Denial...................................               X                X                X                X
c. Reconsideration/Appeal...................               X                X                X                X
----------------------------------------------------------------------------------------------------------------


[[Page 76]]

    An approval for assessing an applicant's ability to perform a 
function that does not involve classifying a hazardous material is 
described as a non-classification approval and certifies that: An 
approval holder is qualified to requalify, repair, rebuild, and/or 
manufacture cylinders stipulated in the HMR; an agency is qualified to 
perform inspections and other functions outlined in an approval and the 
HMR; an approval holder is providing an equivalent level of safety or 
safety that is consistent with the public interest in the transportation 
of hazardous materials outlined in the approval; and a radioactive 
package design or material classification fully complies with applicable 
domestic or international regulations. An approval for assessing the 
hazard class of a material is described as a classification approval and 
certifies that explosives, fireworks, chemical oxygen generators, self-
reactive materials, and organic peroxides have been classed for 
manufacturing and/or transportation based on requirements stipulated in 
the HMR. Registration approvals include the issuance of a unique 
identification number used solely as an identifier or in conjunction 
with approval holder's name and address, or the issuance of a 
registration number that is evidence the approval holder is qualified to 
perform an HMR-authorized function, such as visually requalifying 
cylinders. This appendix does not include registrations issued under 49 
CFR part 107, subpart G.
    1. Completeness. PHMSA reviews all special permit and approval 
applications to determine if they contain all the information required 
under Sec. 107.105 (for a special permit), Sec. 107.117 (for emergency 
processing) or Sec. 107.402 (for designation as a certification agency) 
or Sec. 107.705 (for an approval). If PHMSA determines an application 
does not contain all the information needed to evaluate the safety of 
the actions requested in the application, the Associate Administrator 
may reject the application. If the application is rejected, PHMSA will 
notify the applicant of the deficiencies in writing. An applicant may 
resubmit a rejected application as a new application, provided the newly 
submitted application contains the information PHMSA needs to make a 
determination.
    Emergency special permit applications must comply with all the 
requirements prescribed in Sec. 107.105 for a special permit 
application, and contain sufficient information to determine that the 
applicant's request for emergency processing is justified under the 
conditions prescribed in Sec. 107.117.
    2. Publication. When PHMSA determines an application for a new 
special permit or a request to modify an existing special permit is 
complete and sufficient, PHMSA publishes a summary of the application in 
the Federal Register in conformance with Sec. 107.113(b). This provides 
the public an opportunity to comment on a request for a new or a 
modification of an existing special permit.
    3. Evaluation. The evaluation phase consists of two assessments, 
which may be done concurrently, a technical evaluation and a safety 
profile evaluation. When applicable, PHMSA consults and coordinates its 
evaluation of applications with the following Operating Administrations 
(OAs) that share enforcement authority under Federal hazardous material 
transportation law: Federal Aviation Administration, Federal Motor 
Carrier Safety Administration, Federal Railroad Administration, and 
United States Coast Guard. PHMSA also consults other agencies with 
hazardous material subject-matter expertise, such as the Nuclear 
Regulatory Commission and the Department of Energy.
    (a) Technical evaluation. A technical evaluation considers whether 
the proposed special permit or approval will achieve a level of safety 
at least equal to that required under the HMR or, if a required safety 
level does not exist, considers whether the proposed special permit is 
consistent with the public interest in that it will adequately protect 
against the risks to life and property inherent in the transportation of 
hazardous material. For a classification approval, the technical 
evaluation is a determination that the application meets the 
requirements of the regulations for issuance of the approval. If formal 
coordination with another OA is included as part of the evaluation 
phase, that OA is responsible for managing this process within the 
applicable OA. The OA reviews the application materials and PHMSA's 
technical evaluation, and may provide their own evaluation, comments and 
recommendations. The OA may also recommend operational controls or 
limitations to be incorporated into the special permit or approval to 
improve its safety.
    (b) Safety profile evaluation. Each applicant for a special permit 
or non-classification approval is subject to a safety profile evaluation 
to assess if the applicant is fit to conduct the activity authorized by 
the special permit or approval application. PHMSA will coordinate the 
safety profile evaluations with the appropriate OA if a proposed 
activity is specific to a particular mode of transportation, if the 
proposed activity will set new precedent or have a significant economic 
impact, or if an OA requests participation. PHMSA does not conduct 
initial safety profile reviews as part of processing classification 
approvals, which include fireworks, explosives, organic peroxides, and 
self-reactive materials. Additionally, cylinder approvals and 
certification agency approvals do not follow the same minimum safety 
profile review model.
    (i) Automated Review. An applicant for a special permit or approval 
which requires a

[[Page 77]]

safety profile evaluation, but does not include coordination with an OA, 
is subject to an automated safety profile review. If the applicant 
passes the initial automated review, the applicant is determined to be 
fit. If the applicant fails the initial automated review, the applicant 
is subject to a safety profile evaluation. An applicant that fails a 
safety profile evaluation may be determined to be unfit. To begin this 
review, PHMSA or the applicant enters the applicant's information into 
the web-based Hazardous Materials Information System (HMIS) or Hazmat 
Intelligence Portal (HIP), or other future application processing 
technology that provide an integrated information source to identify 
hazardous material safety trends through the analysis of incident and 
accident information, and provide access to comprehensive information on 
hazardous materials incidents, special permits and approvals, 
enforcement actions, and other elements that support PHMSA's regulatory 
program. PHMSA then screens the applicant to determine if, within the 
four years prior to submitting its application, the applicant was 
involved in any incident attributable to the applicant or package where 
two or more triggers for a safety profile review or five or more 
triggers for on-site inspection enforcement case referral events 
occurred.
    (1) The trigger events are listed in the following table:

------------------------------------------------------------------------
                                          Trigger for on-site inspection
   Trigger for safety profile review                    *
------------------------------------------------------------------------
(1) Any incident that involved a death   (1) Evidence that an applicant
 or injury;.                              is at risk of being unable to
                                          comply with the terms of an
                                          application, including those
                                          listed below.
(2) Two or more incidents involving a    (2) An on-site inspection at
 Sec. 172.504(e) (placarding) Table 1    the recommendation of the
 hazardous material;                      fitness coordinator if the
                                          following criteria applies--
                                          Any incident listed under
                                          automated review in paragraph
                                          3(b)(i) of this appendix is
                                          attributable to the applicant
                                          or package, other than driver
                                          error.
(3) Three or more incidents involving a  (3) If, during an inspection,
 bulk packaging, or an applicant that     evidence is found in the four
 is acting as an interstate carrier of    years prior to submitting its
 hazardous materials under the terms of   application that an applicant
 the special permit or an approval; or    has not implemented sufficient
                                          corrective actions for prior
                                          violations, or is at risk of
                                          being unable to comply with
                                          the terms of an application
                                          for a special permit or
                                          approval, an existing special
                                          permit or approval, or the
                                          HMR, then PHMSA will determine
                                          that the applicant is unfit to
                                          conduct the activities
                                          requested in an application or
                                          authorized special permit or
                                          approval.
(4) Any incident that involved:          (4) Incorrect or missing: (a)
 Incorrect package selection; leaking     Markings, (b) labels, (c)
 packages; not following closure          placards, or (d) shipping
 instructions; failure to test            papers.
 packages, if applicable; and failure
 to secure packages, including
 incorrect blocking and/or bracing.
------------------------------------------------------------------------
* The Fitness Coordinator assesses and applies these triggers.

    (2) If an applicant is acting as an interstate carrier of hazardous 
materials under the terms of the special permit, they will be screened 
in an automated manner based upon criteria established by FMCSA, such as 
that contained in its Safety and Fitness Electronic Records (SAFER) 
system, which consists of interstate carrier data, several states' 
intrastate data, interstate vehicle registration data, and may include 
operational data such as inspections and crashes.
    (ii) Safety profile evaluation. A fitness coordinator, as defined in 
Sec. 107.1, conducts a safety profile evaluation of all applicants 
meeting any of the criteria listed earlier in this appendix under 
``automated review,'' and all applicants whose safety profile 
evaluations are subject to coordination with an OA, as described in 
introductory paragraph 3(b) of this appendix. In a safety profile 
evaluation, PHMSA or the OA performs an in-depth evaluation of the 
applicant based upon items the automated review triggered concerning the 
applicant's four-year performance and compliance history prior to the 
submission of the application. Information considered during this review 
may include the applicant's history of prior violations, insufficient 
corrective actions, or evidence that the applicant is at risk of being 
unable to comply with the terms of an application for an existing 
special permit, approval, or the HMR. PHMSA performs the review or 
coordinates with the OAs, if necessary, if two or more modes of 
transportation are requested in the application, and coordinates this 
review with the OA(s) of the applicable mode(s). The applicable OA 
performs the review if one mode of transportation is requested in the 
application. If necessary, the fitness coordinator will attempt to 
contact the applicant for clarifying information. If the information 
provided is sufficient, an on-site inspection may not be necessary. 
After conducting an evaluation, if the fitness coordinator determines 
that the applicant may be unfit to conduct the activities requested in 
the application, the coordinator will forward the request and supporting 
documentation to PHMSA's Field Operations Division, or a

[[Page 78]]

representative of the Department, such as an authorized Operating 
Administration representative, to perform an on-site inspection. After 
the safety profile evaluation is completed, if the applicant is not 
selected for an on-site inspection, the applicant is determined to be 
fit. On-site inspections are not required for fitness determinations 
from modal administrations according to their own procedures.
    (iii) On-Site Inspection. (A) The factors in paragraph 3(b)(i) and 
3(b)(ii) are used as evidence that an applicant is at risk of being 
unable to comply with the terms of an application, including those 
listed below. PHMSA's Field Operations Division or representative of the 
Department, such as an Operating Administration representative, will 
conduct an on-site inspection at the recommendation of the fitness 
coordinator if one of the following criteria applies:
    (1) Any incident listed under automated review in paragraph 3(b)(i) 
of this appendix is attributable to the applicant or package, other than 
driver error;
    (2) Insufficient Corrective Actions, as defined in Sec. 107.1, in 
any enforcement case for a period of four years prior to submitting the 
application, except when re-inspected with no violations noted; or
    (3) Items noted by an IIA on a cylinder requalifier inspection 
report, except when re-inspected with no violations noted.
    (B) If, during an inspection, the PHMSA investigator or a 
representative of the Department finds evidence in the four years prior 
to submitting its application that an applicant has not implemented 
sufficient corrective actions for prior violations, or is at risk of 
being unable to comply with the terms of an application for a special 
permit or approval, an existing special permit or approval, or the HMR, 
then PHMSA will determine that the applicant is unfit to conduct the 
activities requested in an application or authorized special permit or 
approval.
    4. Disposition. (a) Special Permit. If an application for a special 
permit is issued, PHMSA provides the applicant, in writing, with a 
special permit and an authorization letter if party status is 
authorized.
    (b) Approval. If an application for approval is issued, PHMSA 
provides the applicant, in writing, with an approval, which may come in 
various forms, including:
    (1) An ``EX'' approval number for classifying an explosive 
(including fireworks; see Secs. 173.56, 173.124, 173.128, and 
173.168(a));
    (2) A ``RIN'' (requalification identification number) to uniquely 
identify a cylinder requalification, repair, or rebuilding facility (see 
Sec. 180.203);
    (3) A ``VIN'' (visual identification number) to uniquely identify a 
facility that performs an internal or external visual inspection, or 
both, of a cylinder in conformance with 49 CFR part 180, subpart C, or 
applicable CGA Pamphlet or HMR provision;
    (4) An ``M'' number for identifying packaging manufacturers (see 
Sec. 178.3); or
    (5) A ``CA'' (competent authority) for general approvals (see 
Secs. 107.705, 173.185, and 173.230).
    (c) Denial. An application for a special permit or approval may be 
denied in whole or in part. For example, if an application contains 
sufficient information to successfully complete its technical review but 
the Associate Administrator determines the applicant is unfit, the 
application will be denied. If an application for a special permit or an 
approval is denied, PHMSA provides the applicant with a brief statement, 
in writing, of the reasons for denial and the opportunity to request 
reconsideration (see Secs. 107.113(g), 107.402, and 107.709(f)).
    (d) Reconsideration and Appeal. (1) Special Permit. If an 
application for a special permit is denied, the applicant may request 
reconsideration as provided in Sec. 107.123 and, if the reconsideration 
is denied, may appeal as provided in Sec. 107.125. Applicants submitting 
special permit reconsiderations and appeals must do so in the same 
manner as new applications, provided the new submission is sufficiently 
complete to make a determination.
    (2) Approval. If an application for an approval is denied, the 
applicant may request reconsideration as provided in Sec. 107.715 and, 
if the reconsideration is denied, may appeal as provided in 
Sec. 107.717. Applicants submitting approval reconsiderations and 
appeals must do so in the same manner as new applications, provided the 
new submission is sufficiently complete to make a determination.

[80 FR 54438, Sept. 10, 2015]



PART 109_DEPARTMENT OF TRANSPORTATION HAZARDOUS MATERIAL PROCEDURAL
REGULATIONS--Table of Contents



                          Subpart A_Definitions

Sec.
109.1  Definitions.

                Subpart B_Inspections and investigations

109.3  Inspections and investigations.
109.5  Opening of packages.
109.7  Removal from transportation.
109.9  Transportation for examination and analysis.
109.11  Assistance of properly qualified personnel.
109.13  Closing packages/safe resumption of transportation.
109.15  Termination.
109.16  Notification of enforcement measures.

[[Page 79]]

                       Subpart C_Emergency Orders

109.17  Emergency orders.
109.19  Petitions for review of emergency orders.
109.21  Remedies generally.

                           Subpart D_Equipment

109.25  Equipment.

Subpart E_Prohibition on Hazardous Materials Operations After Nonpayment 
                              of Penalties

109.101  Prohibition of hazardous materials operations.
109.103  Notice of nonpayment of penalties.

    Authority: 49 U.S.C. 5101-5128, 44701; Pub. L. 101-410 Sec. 4 (28 
U.S.C. 2461 note); Pub. L. 104-121 Secs. 212-213; Pub. L. 104-134 Sec. 
31001; 49 CFR 1.81, 1.97.

    Source: 76 FR 11592, Mar. 2, 2011, unless otherwise noted.



                          Subpart A_Definitions



Sec. 109.1  Definitions.

    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:
    Administrator means the head of any operating administration within 
the Department of Transportation, and includes the Administrators of the 
Federal Aviation Administration, Federal Motor Carrier Safety 
Administration, Federal Railroad Administration, and Pipeline and 
Hazardous Materials Safety Administration, to whom the Secretary has 
delegated authority in part 1 of this title, and any person within an 
operating administration to whom an Administrator has delegated 
authority to carry out this part.
    Agent of the Secretary or agent means a Federal officer, employee, 
or agent authorized by the Secretary to conduct inspections or 
investigations under the Federal hazardous material transportation law.
    Chief Safety Officer or CSO means the Assistant Administrator of the 
Pipeline and Hazardous Materials Safety Administration.
    Emergency order means an emergency restriction, prohibition, recall, 
or out-of-service order set forth in writing.
    Freight container means a package configured as a reusable container 
that has a volume of 64 cubic feet or more, designed and constructed to 
permit being lifted with its contents intact and intended primarily for 
containment of smaller packages (in unit form) during transportation.
    Immediately adjacent means a packaging that is in direct contact 
with the hazardous material or is otherwise the primary means of 
containment of the hazardous material.
    Imminent hazard means the existence of a condition relating to 
hazardous material that presents a substantial likelihood that death, 
serious illness, severe personal injury, or a substantial endangerment 
to health, property, or the environment may occur before the reasonably 
foreseeable completion date of a formal proceeding begun to lessen the 
risk of that death, illness, injury, or endangerment.
    In writing means unless otherwise specified, the written expression 
of any actions related to this part, rendered in paper or digital 
format, and delivered in person; via facsimile, commercial delivery, 
U.S. Mail; or electronically.
    Objectively reasonable and articulable belief means a belief based 
on particularized and identifiable facts that provide an objective basis 
to believe or suspect that a package may contain a hazardous material.
    Out-of-service order means a written requirement issued by the 
Secretary, or a designee, that an aircraft, vessel, motor vehicle, 
train, railcar, locomotive, other vehicle, transport unit, transport 
vehicle, freight container, portable tank, or other package not be moved 
or cease operations until specified conditions have been met.
    Packaging means a receptacle and any other components or materials 
necessary for the receptacle to perform its containment function in 
conformance with the minimum packing requirements of this subchapter. 
For radioactive materials packaging, see Sec. 173.403 of subchapter C of 
this chapter.
    Perishable hazardous material means a hazardous material that is 
subject to significant risk of speedy decay, deterioration, or spoilage, 
or hazardous materials consigned for medical use, in the prevention, 
treatment, or cure of a disease or condition in human beings or animals 
where expeditious shipment

[[Page 80]]

and delivery meets a critical medical need.
    Properly qualified personnel means a company, partnership, 
proprietorship, or individual who is technically qualified to perform 
designated tasks necessary to assist an agent in inspecting, examining, 
opening, removing, testing, or transporting packages.
    Related packages means any packages in a shipment, series or group 
of packages that can be traced to a common nexus of facts, including, 
but not limited to: The same offeror or packaging manufacturer; the same 
hazard communications information (marking, labeling, shipping 
documentation); or other reasonable and articulable facts that may lead 
an agent to believe such packages are related to a package that may pose 
an imminent hazard. Packages that are located within the same trailer, 
freight container, unit load device, etc. as a package removed subject 
to this enhanced authority without additional facts to substantiate its 
nexus to an imminent hazard are not ``related packages'' for purposes of 
removal. The related packages must also demonstrate that they may pose 
an imminent hazard. They must exhibit a commonality or nexus of origin, 
which may include, but are not limited to, a common offeror, package 
manufacturer, marking, labeling, shipping documentation, hazard 
communications, etc.
    Remove means to keep a package from entering the stream of 
transportation in commerce; to take a package out of the stream of 
transportation in commerce by physically detaining a package that was 
offered for transportation in commerce; or stopping a package from 
continuing in transportation in commerce.
    Safe and expeditious means prudent measures or procedures designed 
to minimize delay.



                Subpart B_Inspections and Investigations



Sec. 109.3  Inspections and Investigations.

    (a) General authority. An Administrator may initiate an inspection 
or investigation to determine compliance with Federal hazardous material 
transportation law, or a regulation, order, special permit, or approval 
prescribed or issued under the Federal hazardous material transportation 
law, or any court decree or order relating thereto.
    (b) Inspections and investigations. Inspections and investigations 
are conducted by designated agents of the Secretary who will, upon 
request, present their credentials for examination. Such an agent is 
authorized to:
    (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).



Sec. 109.5  Opening of packages.

    (a) In general. Except as provided in paragraph (b):
    (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.
    (b) Perishable hazardous material. To ensure the expeditious 
transportation of a package containing a perishable

[[Page 81]]

hazardous material, an agent will utilize appropriate alternatives 
before exercising an authority under paragraph (a) of this section.

[76 FR 11592, Mar. 2, 2011, as amended at 78 FR 60763, Oct. 2, 2013]



Sec. 109.7  Removal from transportation.

    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.



Sec. 109.9  Transportation for examination and analysis.

    (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 Sec. 109.7 may be 
extended in writing by the Administrator pending the conclusion of 
examination and analysis under this section.



Sec. 109.11  Assistance of properly qualified personnel.

    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.



Sec. 109.13  Closing packages and safe resumption of transportation.

    (a) No imminent hazard found. If, after an agent exercises an 
authority under Sec. 109.5, the agent finds that no imminent hazard 
exists, and the package otherwise conforms to applicable requirements in 
subchapter C of this chapter, the agent will:
    (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) Imminent hazard found. If an imminent hazard is found to exist 
after an agent exercises an authority under Sec. 109.5, the 
Administrator or his/her designee may issue an out-of-service order 
prohibiting the movement of the package until the package has been 
brought into compliance with subchapter C of this chapter. Upon receipt 
of the 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.
    (c) Package does not contain hazardous material. If, after an agent 
exercises an authority under Sec. 109.5, the agent finds

[[Page 82]]

that a package does not contain a hazardous material, the agent shall 
securely close the package, mark and certify the reclosed package to 
indicate that it was opened and reclosed, and return the package to 
transportation.
    (d) Non-compliant package. If, after an agent exercises an authority 
under Sec. 109.5, the agent finds that a package contains hazardous 
material and does not conform to requirements in subchapter C of this 
chapter, but does not present an imminent hazard, the agent will return 
the package to the person in possession of the package at the time the 
non-compliance is discovered for appropriate corrective action. A non-
compliant package may not continue in transportation until all 
identified non-compliance issues are resolved.



Sec. 109.15  Termination.

    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.



Sec. 109.16  Notification of enforcement measures.

    In addition to complying with the notification requirements in 
Sec. 109.7 of this part, an agent, after exercising an authority under 
this subpart, will immediately take reasonable measures to notify the 
offeror and the person in possession of the package, providing the 
reason for the action being taken, the results of any preliminary 
investigation including apparent violations of subchapter C of this 
chapter, and any further action that may be warranted.

[78 FR 60763, Oct. 2, 2013]



                       Subpart C_Emergency Orders



Sec. 109.17  Emergency Orders.

    (a) Determination of imminent hazard. When an Administrator 
determines that a violation of a provision of the Federal hazardous 
material transportation law, or a regulation or order prescribed under 
that law, or an unsafe condition or practice, constitutes or is causing 
an imminent hazard, as defined in Sec. 109.1, the Administrator may 
issue or impose emergency restrictions, prohibitions, recalls, or out-
of-service orders, without advance notice or an opportunity for a 
hearing. The basis for any action taken under this section shall be set 
forth in writing which must--
    (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 
Sec. 109.19(f), including the address of DOT Docket Operations and of 
all persons to be served with the petition for review.
    (b) Out-of-service order. An out-of-service order is issued to 
prohibit the movement of an aircraft, vessel, motor vehicle, train, 
railcar, locomotive, transport unit, transport vehicle, or other 
vehicle, or a freight container, portable tank, or other package until 
specified conditions of the out-of-service order have been met.
    (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

[[Page 83]]

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 Sec. 109.19.
    (c) Recalls. PHMSA's Associate Administrator, Office of Hazardous 
Materials Safety, may issue an emergency order mandating the immediate 
recall of any packaging, packaging component, or container certified, 
represented, marked, or sold as qualified for use in the transportation 
of hazardous materials in commerce when the continued use of such item 
would constitute an imminent hazard. All petitions for review of such an 
emergency order will be governed by the procedures set forth at 
Sec. 109.19.



Sec. 109.19  Petitions for review of emergency orders.

    (a) Petitions for review. A petition for review must--
    (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 Sec. 109.19(f).
    (b) Response to the petition for review. An attorney designated by 
the Office of Chief Counsel of the operating administration issuing the 
emergency order may file and serve, in accordance with Sec. 109.19(f), a 
response, including appropriate pleadings, within five calendar days of 
receipt of the petition by the Chief Counsel of the operating 
administration issuing the emergency order.
    (c) Chief Safety Officer Responsibilities--(1) Hearing requested. 
Upon receipt of a petition for review of an emergency order that 
includes a formal hearing request and states material facts in dispute, 
the Chief Safety Officer shall immediately assign the petition to the 
Office of Hearings. Unless the Chief Safety Officer issues an order 
stating that the petition fails to set forth material facts in dispute 
and will be decided under paragraph (c)(2) of this section, a petition 
for review including a formal hearing request will be deemed assigned to 
the Office of Hearings three calendar days after the Chief Safety 
Officer receives it.
    (2) No hearing requested. For a petition for review of an emergency 
order that does not include a formal hearing request or fails to state 
material facts in dispute, the Chief Safety Officer shall issue an 
administrative decision on the merits within 30 days of receipt of the 
petition. The Chief Safety Officer's decision constitutes final agency 
action.
    (d) Hearings. Formal hearings shall be conducted by an 
Administrative Law Judge assigned by the Chief Administrative Law Judge 
of the Office of Hearings. The Administrative Law Judge may:
    (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) Parties. The petitioner may appear and be heard in person or by 
an authorized representative. The operating administration issuing the 
emergency

[[Page 84]]

order shall be represented by an attorney designated by its respective 
Office of Chief Counsel.
    (f) Filing and service. (1) Each petition, pleading, motion, notice, 
order, or other document submitted in connection with an order issued 
under this subpart must be filed (commercially delivered or submitted 
electronically) with: U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue, SE., Washington, DC 20590. All documents filed will be 
published on the Department's docket management Web site, http://
www.regulations.gov. The emergency order shall state the above filing 
requirements and the address of DOT Docket Operations.
    (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 (Attn: Office of Chief Counsel, PHC), 
Pipeline and Hazardous Materials Safety Administration, U.S. Department 
of Transportation, 1200 New Jersey Avenue, SE., East Building, 
Washington, DC 20590 (facsimile: 202-366-7041) (electronic mail: 
[email protected]);
    (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 (facsimile: 202-366-7536).
    (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 Federal Register as soon as practicable after its 
issuance.
    (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) Report and recommendation. The Administrative Law Judge shall 
issue a report and recommendation at the close of the record. The report 
and recommendation shall:
    (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) Expiration of order. If the Chief Safety Officer, or the 
Administrative Law Judge, where appropriate, has not disposed of the 
petition for review within 30 days of receipt, the emergency order shall 
cease to be effective unless the Administrator issuing the emergency 
order determines, in writing, that the imminent hazard providing a basis 
for the emergency order continues to exist. The requirements of such an 
extension shall remain in full force and effect pending decision on a 
petition for review unless stayed or modified by the Administrator.
    (i) Reconsideration. (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.

[[Page 85]]

    (j) Appellate review. A person aggrieved by the final agency action 
may petition for review of the final decision in the appropriate Court 
of Appeals for the United States as provided in 49 U.S.C. 5127. The 
filing of the petition for review does not stay or modify the force and 
effect of the final agency.
    (k) Time. In computing any period of time prescribed by this part or 
by an order issued by the Administrative Law Judge, the day of filing of 
the petition for review or of any other act, event, or default from 
which the designated period of time begins to run shall not be included. 
The last day of the period so computed shall be included, unless it is a 
Saturday, Sunday, or Federal holiday, in which event the period runs 
until the end of the next day which is not one of the aforementioned 
days.



Sec. 109.21  Remedies generally.

    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.



                           Subpart D_Equipment

    Source: 78 FR 60763, Oct. 2, 2013, unless otherwise noted.



Sec. 109.25  Equipment.

    When an agent exercises an authority under subpart B of this part, 
the agent shall use the appropriate safety, handling, and other 
equipment authorized by his or her operating administration's equipment 
requirements for hazardous material inspectors and investigators.



Subpart E_Prohibition on Hazardous Materials Operations After Nonpayment 
                              of Penalties

    Source: 79 FR 46199, Aug. 7, 2014, unless otherwise noted.



Sec. 109.101  Prohibition of hazardous materials operations.

    (a) Definition of hazardous materials operations. For the purposes 
of this subpart, hazardous materials operations means any activity 
regulated under the Federal hazardous material transportation law, this 
subchapter or subchapter C of this chapter, or an exemption or special 
permit, approval, or registration issued under this subchapter or under 
subchapter C of this chapter.
    (b) Failure to pay civil penalty in full. A respondent that fails to 
pay a hazardous material civil penalty in full within 90 days after the 
date specified for payment by an order of the Pipeline and Hazardous 
Materials Safety Administration, Federal Aviation Administration, 
Federal Motor Carrier Safety Administration, or Federal Railroad 
Administration is prohibited from conducting hazardous materials 
operations and shall immediately cease all hazardous materials 
operations beginning on the next day (i.e., the 91st). The prohibition 
shall continue until payment of the penalty has been made in full or at 
the discretion of the agency issuing the order an acceptable payment 
plan has been arranged.
    (c) Civil penalties paid in installments. On a case by case basis, a 
respondent may be allowed to pay a civil penalty pursuant to a payment 
plan, which may consist of installment payments. If the respondent fails 
to make an installment payment contained in the payment plan on the 
agreed upon schedule, the payment plan shall be null and void and the 
full outstanding balance of the civil penalty shall be payable 
immediately. A respondent that fails to pay the full outstanding balance 
of its civil penalty within 90 days after the date of the missed 
installment payment shall be prohibited from conducting hazardous 
materials operations beginning on the next day (i.e., the 91st). The 
prohibition shall

[[Page 86]]

continue until payment of the outstanding balance of the civil penalty 
has been made in full, including any incurred interest or until at the 
discretion of the agency issuing the order another acceptable payment 
plan has been arranged.
    (d) Appeals to Federal Court. If the respondent appeals an agency 
order issued pursuant to Sec. 109.103 to a Federal Circuit Court of 
Appeals, the terms and payment due date of the order are not stayed 
unless the Court so specifies.
    (e) Applicability to ticketing. This section does not apply to a 
respondent who fails to pay a civil penalty assessed by a ticket issued 
pursuant to Sec. 107.310 of this subchapter.
    (f) Applicability to debtors. This section does not apply to a 
respondent who is unable to pay a civil penalty because the respondent 
is a debtor in a case under chapter 11, title 11, United States Code. A 
respondent who is a debtor in a case under chapter 11, title 11, United 
States Code must provide the following information to the agency 
decision maker identified in the original agency order or on its 
certificate of service.
    (1) The chapter of the Bankruptcy Code under which the bankruptcy 
proceeding is filed;
    (2) The bankruptcy case number;
    (3) The court in which the bankruptcy proceeding was filed; and
    (4) Any other information requested by the agency to determine a 
debtor's bankruptcy status.
    (g) Penalties for prohibited hazardous materials operations. A 
respondent that continues to conduct hazardous materials operations in 
violation of this section may be subject to additional penalties, 
including criminal prosecution pursuant to 49 U.S.C. 5124.



Sec. 109.103  Notice of nonpayment of penalties.

    (a) If a full payment of a civil penalty, or an installment payment 
as part of agreed upon payment plan, has not been made within 45 days 
after the date specified for payment by the final agency order, the 
agency may issue a cessation of hazardous materials operations order to 
the respondent.
    (b) The cessation of hazardous materials operations order issued 
under this section shall include the following information:
    (1) A citation to the statutory provision or regulation the 
respondent was found to have violated and to the terms of the order or 
agreement requiring payment;
    (2) A statement indicating that if the respondent fails to pay the 
full outstanding balance of the civil penalty within 90 days after the 
payment due date, the respondent shall be prohibited from conducting any 
activity regulated under the Federal hazardous material transportation 
law, this subchapter or subchapter C of this chapter, or an exemption or 
special permit, approval, or registration issued under this subchapter 
or under subchapter C of this chapter;
    (3) A statement describing the respondent's options for responding 
to the order which will include an option to file an appeal for 
reconsideration of the cessation of operations order within 20 days of 
receipt of the order; and
    (4) A description of the manner in which the respondent can make 
payment of any money due the United States as a result of the proceeding 
(i.e., the full outstanding balance of the civil penalty).
    (c) The cessation of hazardous materials operation order will be 
delivered by personal service, unless such service is impossible or 
impractical. If personal service is impossible or impractical then 
service may be made by certified mail or commercial express service. If 
a respondent's principal place of business is in a foreign country, it 
will be delivered to the respondent's designated agent (as prepared in 
accordance with Sec. 105.40 of this subchapter).



PART 110_HAZARDOUS MATERIALS PUBLIC SECTOR TRAINING AND PLANNING
GRANTS--Table of Contents



Sec.
110.1  Purpose.
110.5  Scope.
110.7  Control Number under the Paperwork Reduction Act.
110.10  Eligibility.
110.20  Definitions.
110.30  Grant application.
110.40  Activities eligible for funding.
110.50  Disbursement of Federal funds.

[[Page 87]]

110.60  Cost sharing for planning and training.
110.70  Financial administration.
110.80  Procurement.
110.90  Grant monitoring, reports, and records retention.
110.100  Enforcement.
110.110  After-grant requirements.
110.120  Deviation from this part.
110.130  Disputes.

    Authority: 49 U.S.C. 5101-5127; 49 CFR 1.53.

    Source: Amdt. 110-1, 57 FR 43067, Sept. 17, 1992, unless otherwise 
noted.

    Editorial Note: Nomenclature changes to part 110 appear at 70 FR 
56090, Sept. 23, 2005.



Sec. 110.1  Purpose.

    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).



Sec. 110.5  Scope.

    (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.

[Amdt. 110-1, 57 FR 43067, Sept. 17, 1992, as amended at 72 FR 55683, 
Oct. 1, 2007]



Sec. 110.7  Control Number under the Paperwork Reduction Act.

    The Office of Management and Budget control number assigned to 
collection of information in Secs. 110.30, 110.70, 110.80, and 110.90 is 
2137-0586.



Sec. 110.10  Eligibility.

    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.



Sec. 110.20  Definitions.

    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:
    Allowable costs means those costs that are: eligible, reasonable, 
necessary, and allocable to the project permitted by the appropriate 
Federal cost principles, and approved in the grant.
    Associate Administrator means the Associate Administrator for 
Hazardous Materials Safety, Pipeline and Hazardous Materials Safety 
Administration.
    Budget period means the period of time specified in the grant 
agreement during which the project manager may expend or obligate 
project funds.
    Cost review means the review and evaluation of costs to determine 
reasonableness, allocability, and allowability.
    Indian country means Indian country as defined in 18 U.S.C. 1151. 
That section defines Indian country as all land within the limits of any 
reservation under the jurisdiction of the U.S. Government, 
notwithstanding the issuance of any patent, and, including rights-of-way 
running through the reservation; all dependent Indian communities within 
the borders of the United States whether within the original or 
subsequently acquired territory thereof, and whether within or without 
the limits of a State; and all Indian allotments, the Indian titles to 
which have not been extinguished, including rights-of-way running 
through the same.
    Indian tribe means a tribe ``Federally-recognized'' by the Secretary 
of the Interior under 25 CFR 272.2.
    Local Emergency Planning Committee (LEPC) means a committee 
appointed

[[Page 88]]

by the State Emergency Response Commission under section 301(c) of the 
Emergency Planning and Community Right-to-Know Act of 1986 (42 U.S.C. 
11001(c)) that includes at a minimum, representatives from each of the 
following groups or organizations: elected State and local officials; 
law enforcement, firefighting, civil defense, first aid, health, local 
environmental, hospital, and transportation personnel; broadcast and 
print media; community groups; and owners and operators of facilities 
subject to the emergency planning requirements.
    National curriculum means the curriculum required to be developed 
under 49 U.S.C. 5115 and necessary to train public sector emergency 
response and preparedness teams, enabling them to comply with 
performance standards as stated in 49 U.S.C. 5115(c).
    Political subdivision means a county, municipality, city, town, 
township, local public authority (including any public and Indian 
housing agency under the United States Housing Act of 1937 (42 U.S.C. 
1401 et seq.), school district, special district, intrastate district, 
council of governments (whether or not incorporated as a nonprofit 
corporation under State law), any other regional or interstate 
government entity, or any agency or instrumentality of a local 
government.
    Project means the activities and tasks identified in the grant 
agreement.
    Project manager means the State or Indian tribal official designated 
in a grant as the recipient agency's principal program contact with the 
Federal Government.
    Project officer means the Federal official designated in a grant as 
the program contact with the project manager. The project officer is 
responsible for monitoring the project.
    Project period means the length of time specified in a grant for 
completion of all work associated with that project.
    State Emergency Response Commission (SERC) means the State Emergency 
Response Commission appointed by the Governor of each State and 
Territory under the Emergency Planning and Community Right-to-Know Act 
of 1986.
    Statement of Work means that portion of a grant that describes the 
purpose and scope of activities and tasks to be carried out as part of 
the proposed project.

[Amdt. 110-1, 57 FR 43067, Sept. 17, 1992, as amended by Amdt. 110-3, 59 
FR 49132, Sept. 26, 1994; 66 FR 45377, Aug. 28, 2001]



Sec. 110.30  Grant application.

    (a) General. An applicant for a planning or training grant shall use 
only the standard application forms approved by the Office of Management 
and Budget (OMB) (SF-424 and SF-424A) under the Paperwork Reduction Act 
of 1980 (44 U.S.C. 3502). Applicants are required to submit an original 
and two copies of the application package 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. Applications received on or before January 1st and July 
1st of each year will be considered in that cycle of the semi-annual 
review and award process. An initial round of the review and award 
process will consider applications received on or before November 15, 
1992. Requests and continuation applications must include an original 
and two copies of the affected pages; previously submitted pages with 
information that is still current do not have to be resubmitted. The 
application must include the following:
    (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

[[Page 89]]

carry out purposes related to the transportation of hazardous materials.
    (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) Drug-Free Workplace Certification. The applicant must certify as 
specified in appendix C of 49 CFR part 29 that it will comply with the 
Drug-Free Workplace Act of 1988 (Pub. L. 100-690, title V, subtitle D; 
51 U.S.C. 701 et seq.).
    (10) Anti-Lobbying Certification. The applicant must certify as 
specified in appendix A of 49 CFR part 20 that no Federal funds will be 
expended to pay any person for influencing or attempting to influence an 
officer or employee of any agency, a Member of Congress, an officer or 
employee of Congress, or an employee of a Member of Congress (section 
319 of Pub. L. 101-121, 31 U.S.C. 1352).
    (11) Debarment and Suspension Certification. The applicant must 
certify as specified in subpart G of 49 CFR part 29 that it will not 
make an award or permit any award to any party which is debarred or 
suspended or is otherwise excluded from or ineligible for participation 
in Federal assistance programs.
    (b) Planning. In addition to the requirements specified in paragraph 
(a) of this section, eligible State applicants must include the 
following in their application package:
    (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.

[[Page 90]]

    (v) A statement indicating that all members of the State Emergency 
Response Commission were provided the opportunity to review the grant 
application.
    (c) Training. In addition to the requirements specified in paragraph 
(a) of this section, eligible State and Indian tribe applicants must 
include the following in their application package:
    (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 Sec. 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.

[Amdt. 110-1, 57 FR 43067, Sept. 17, 1992, as amended by Amdt. 110-3, 59 
FR 49132, Sept. 26, 1994; 70 FR 73162, Dec. 9, 2005; 72 FR 55683, Oct. 
1, 2007]



Sec. 110.40  Activities eligible for funding.

    (a) Planning. Eligible State applicants may receive funding for the 
following activities:
    (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

[[Page 91]]

emergencies involving transportation of hazardous materials, including 
radioactive materials.
    (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) Training. Eligible State and Indian tribe applicants may receive 
funding for the following activities:
    (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.

[Amdt. 110-1, 57 FR 43067, Sept. 17, 1992, as amended by 66 FR 45377, 
Aug. 28, 2001]



Sec. 110.50  Disbursement of Federal funds.

    (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.



Sec. 110.60  Cost sharing for planning and training.

    (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 Sec. 110.40 in this part.
    (2) The dollar equivalent value of an eligible activity as defined 
in Sec. 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

[[Page 92]]

by a recipient agency to qualify for the grant may not be used for cost-
sharing purposes.
    (c) Acceptable contributions for matching and cost sharing purposes 
must conform to 49 CFR part 18.

[Amdt. 110-1, 57 FR 43067, Sept. 17, 1992, as amended by Amdt. 110-3, 59 
FR 49132, Sept. 26, 1994; 66 FR 45377, Aug. 28, 2001]



Sec. 110.70  Financial administration.

    (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.

[Amdt. 110-1, 57 FR 43067, Sept. 17, 1992, as amended by 66 FR 45377, 
Aug. 28, 2001]



Sec. 110.80  Procurement.

    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.

[[Page 93]]



Sec. 110.90  Grant monitoring, reports, and records retention.

    (a) Grant monitoring. Project managers are responsible for managing 
the day-to-day operations of grant, subgrant and contract-supported 
activities. Project managers must monitor performance of supported 
activities to assure compliance with applicable Federal requirements and 
achievement of performance goals. Monitoring must cover each program, 
function, activity, or task covered by the grant. Monitoring and 
reporting requirements for planning and training are contained in this 
part; general grant reporting requirements are specified in 49 CFR 
18.40.
    (b) Reports. (1) The project manager shall submit a performance 
report at the completion of an activity for which reimbursement is being 
requested or with a request to amend the grant. The final performance 
report is due 90 days after the expiration or termination of the grant.
    (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 Sec. 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) Records retention. In accordance with 49 CFR 18.42, all 
financial and programmatic records, supporting documents, statistical 
records, training materials, and other documents generated under a grant 
shall be maintained by the project manager for three years from the date 
the project manager submits the final financial status report (SF 269) 
or Request for Advance or Reimbursement (SF 270). The project manager 
shall designate a repository and single-point of contact for planning 
and for training, or both, for these purposes. If any litigation, claim, 
negotiation, audit or other action involving the records has been 
started before the expiration of the 3-year period, the records must be 
retained until completion of the action and resolution of all issues 
which arise from it, or until the end of the regular 3-year period, 
whichever is later.



Sec. 110.100  Enforcement.

    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.

[Amdt. 110-1, 57 FR 43067, Sept. 17, 1992, as amended by 66 FR 45377, 
Aug. 28, 2001]



Sec. 110.110  After-grant requirements.

    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

[[Page 94]]

frame may be extended by the Associate Administrator for Hazardous 
Materials Safety for cause.

[Amdt. 110-1, 57 FR 43067, Sept. 17, 1992, as amended by 66 FR 45377, 
Aug. 28, 2001]



Sec. 110.120  Deviation from this part.

    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.

[Amdt. 110-1, 57 FR 43067, Sept. 17, 1992, as amended by Amdt. 110-3, 59 
FR 49132, Sept. 26, 1994; 66 FR 45377, Aug. 28, 2001; 72 FR 55683, Oct. 
1, 2007]



Sec. 110.130  Disputes.

    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.

[[Page 95]]



                     SUBCHAPTER B_OIL TRANSPORTATION





PART 130_OIL SPILL PREVENTION AND RESPONSE PLANS--Table of Contents



Sec.
130.1  Purpose.
130.2  Scope.
130.3  General requirements.
130.5  Definitions.
130.11  Communication requirements.
130.21  Packaging requirements.
130.31  Response plans.
130.33  Response plan implementation.

    Authority: 33 U.S.C 1321; 49 CFR 1.81 and 1.97.

    Source: Amdt. 130-2, 61 FR 30541, June 17, 1996, unless otherwise 
noted.



Sec. 130.1  Purpose.

    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.



Sec. 130.2  Scope.

    (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 Sec. 130.31(b) of this part do not apply to 
mobile marine transportation-related facilities (see 33 CFR part 154).



Sec. 130.3  General requirements.

    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.



Sec. 130.5  Definitions.

    In this subchapter: Animal fat means a non-petroleum oil, fat, or 
grease derived from animals, not specifically identified elsewhere in 
this part.
    Contract or other means is:
    (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.
    EPA means the U.S. Environmental Protection Agency.
    Liquid means a material that has a vertical flow of over two inches 
(50 mm) within a three-minute period, or a material having one gram or 
more liquid separation, when determined in accordance with the 
procedures specified in ASTM D 4359-84, ``Standard Test Method for 
Determining Whether a Material is a Liquid or a Solid,'' 1990 edition, 
which is incorporated by reference.

    Note: This incorporation by reference has been approved by the 
Director of the Federal

[[Page 96]]

Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. A copy 
may be obtained from the American Society for Testing and Materials, 
1916 Race Street, Philadelphia, PA 19103. Copies may be inspected at the 
Office of Hazardous Materials Safety, Office of Hazardous Materials 
Standards, Room 8422, DOT headquarters building, 400 7th St., SW, 
Washington, DC 20590, or at the National Archives and Records 
Administration (NARA). For information on the availability of this 
material at NARA, call 202-741-6030, or go to: http://www.archives.gov/
federal _register/code_of_federal _regulations/ibr_locations.html.

    Maximum extent practicable means the limits of available technology 
and the practical and technical limits on an owner or operator of an 
onshore facility in planning the response resources required to provide 
the on-water recovery capability and the shoreline protection and 
cleanup capability to conduct response activities for a worst-case 
discharge of oil in adverse weather.
    Non-petroleum oil means any animal fat, vegetable oil or other non-
petroleum oil.
    Oil means oil of any kind or in any form, including, but not limited 
to, petroleum, fuel oil, sludge, oil refuse, and oil mixed with wastes 
other than dredged spoil.

    Note: This definition does not include hazardous substances (see 40 
CFR part 116).

    Other non-petroleum oil means a non-petroleum oil of any kind that 
is not an animal fat or vegetable oil.
    Packaging means a receptacle and any other components or materials 
necessary for the receptacle to perform its containment function in 
conformance with the packaging requirements of this part. A 
compartmented tank is a single packaging.
    Person means an individual, firm, corporation, partnership, 
association, State, municipality, commission, or political subdivision 
of a State, or any interstate body, as well as a department, agency, or 
instrumentality of the executive, legislative or judicial branch of the 
Federal Government.
    Petroleum oil means any oil extracted or derived from geological 
hydrocarbon deposits, including fractions thereof.
    Qualified individual means an individual familiar with the response 
plan, trained in his or her responsibilities in implementing the plan, 
and authorized, on behalf of the owner or operator, to initiate all 
response activities identified in the plan, to enter into response-
related contracts and obligate funds for such contracts, and to act as a 
liaison with the on-scene coordinator and other responsible officials. 
The qualified individual must be available at all times the owner or 
operator is engaged in transportation subject to part 130 (alone or in 
conjunction with an equally qualified alternate), must be fluent in 
English, and must have in his or her possession documentation of the 
required authority.
    Transports or Transportation means any movement of oil by highway or 
rail, and any loading, unloading, or storage incidental thereto.
    Vegetable oil means a non-petroleum oil or fat derived from plant 
seeds, nuts, kernels or fruits, not specifically identified elsewhere in 
this part.
    Worst-case discharge means ``the largest foreseeable discharge in 
adverse weather conditions,'' as defined at 33 U.S.C. 1321(a)(24). The 
largest foreseeable discharge from a motor vehicle or rail car is the 
capacity of the cargo container. The term ``maximum potential 
discharge,'' used in Sec. 130.31(a), is synonymous with ``worst-case 
discharge.''

[Amdt. 130-2, 61 FR 30541, June 17, 1996, as amended by 66 FR 45378, 
Aug. 28, 2001; 67 FR 61011, Sept. 27, 2002; 69 FR 18803, Apr. 9, 2004]



Sec. 130.11  Communication requirements.

    (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.

[[Page 97]]



Sec. 130.21  Packaging requirements.

    Each packaging used for the transportation of oil subject to this 
part must be designed, constructed, maintained, closed, and loaded so 
that, under conditions normally incident to transportation, there will 
be no release of oil to the environment.



Sec. 130.31  Response plans.

    (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.

(Approved by the Office of Management and Budget under control number 
2137-0591)

[Amdt. 130-2, 61 FR 30541, June 17, 1996, as amended at 72 FR 55683, 
Oct. 1, 2007; 76 FR 56311, Sept. 13, 2011]



Sec. 130.33  Response plan implementation.

    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 Sec. 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.

[[Page 98]]



              SUBCHAPTER C_HAZARDOUS MATERIALS REGULATIONS





PART 171_GENERAL INFORMATION, REGULATIONS, AND DEFINITIONS--
Table of Contents



   Subpart A_Applicability, General Requirements, and North American 
                                Shipments

Sec.
171.1  Applicability of Hazardous Materials Regulations (HMR) to persons 
          and functions.
171.2  General requirements.
171.3  Hazardous waste.
171.4  Marine pollutants.
171.6  Control numbers under the Paperwork Reduction Act.
171.7  Reference material.
171.8  Definitions and abbreviations.
171.9  Rules of construction.
171.10  Units of measure.
171.11  [Reserved]
171.12  North American Shipments.
171.12a  [Reserved]
171.14  [Reserved]

     Subpart B_Incident Reporting, Notification, BOE Approvals and 
                              Authorization

171.15  Immediate notice of certain hazardous materials incidents.
171.16  Detailed hazardous materials incident reports.
171.17-171.18  [Reserved]
171.19  Approvals or authorizations issued by the Bureau of Explosives.
171.20  Submission of Examination Reports.
171.21  Assistance in investigations and special studies.

 Subpart C_Authorization and Requirements for the Use of International 
                   Transport Standards and Regulations

171.22  Authorization and conditions for the use of international 
          standards and regulations.
171.23  Requirements for specific materials and packagings transported 
          under the ICAO Technical Instructions, IMDG Code, Transport 
          Canada TDG Regulations, or the IAEA Regulations.
171.24  Additional requirements for the use of the ICAO Technical 
          Instructions.
171.25  Additional requirements for the use of the IMDG Code.
171.26  Additional requirements for the use of the IAEA Regulations.

    Authority: 49 U.S.C. 5101-5128, 44701; Pub. L. 101-410 section 4; 
Pub. L. 104-134, section 31001; Pub. L. 114-74 section 4 (28 U.S.C. 2461 
note); 49 CFR 1.81 and 1.97.

    Editorial Note: Nomenclature changes to part 171 appear at 70 FR 
56090, Sept. 23, 2005.



   Subpart A_Applicability, General Requirements, and North American 
                                Shipments



Sec. 171.1  Applicability of Hazardous Materials Regulations (HMR)
to persons and functions.

    Federal hazardous materials transportation law (49 U.S.C. 5101 et 
seq.) directs the Secretary of Transportation to establish regulations 
for the safe and secure transportation of hazardous materials in 
commerce, as the Secretary considers appropriate. The Secretary is 
authorized to apply these regulations to persons who transport hazardous 
materials in commerce. In addition, the law authorizes the Secretary to 
apply these regulations to persons who cause hazardous materials to be 
transported in commerce. The law also authorizes the Secretary to apply 
these regulations to persons who manufacture or maintain a packaging or 
a component of a packaging that is represented, marked, certified, or 
sold as qualified for use in the transportation of a hazardous material 
in commerce. Federal hazardous material transportation law also applies 
to anyone who indicates by marking or other means that a hazardous 
material being transported in commerce is present in a package or 
transport conveyance when it is not, and to anyone who tampers with a 
package or transport conveyance used to transport hazardous materials in 
commerce or a required marking, label, placard, or shipping description. 
Regulations prescribed in accordance with Federal hazardous materials 
transportation law shall govern safety aspects, including security, of 
the transportation of hazardous materials that the Secretary considers 
appropriate. In 49 CFR 1.53, the Secretary delegated authority to issue 
regulations for the safe and secure transportation of hazardous 
materials in commerce to the Pipeline and Hazardous Materials Safety 
Administrator. The Administrator issues the Hazardous Materials 
Regulations (HMR; 49 CFR

[[Page 99]]

parts 171 through 180) under that delegated authority. This section 
addresses the applicability of the HMR to packagings represented as 
qualified for use in the transportation of hazardous materials in 
commerce and to pre-transportation and transportation functions.
    (a) Packagings. Requirements in the HMR apply to each person who 
manufactures, fabricates, marks, maintains, reconditions, repairs, or 
tests a packaging or a component of a packaging that is represented, 
marked, certified, or sold as qualified for use in the transportation of 
a hazardous material in commerce, including each person under contract 
with any department, agency, or instrumentality of the executive, 
legislative, or judicial branch of the Federal government who 
manufactures, fabricates, marks, maintains, reconditions, repairs, or 
tests a packaging or a component of a packaging that is represented, 
marked, certified, or sold as qualified for use in the transportation of 
a hazardous material in commerce.
    (b) Pre-transportation functions. Requirements in the HMR apply to 
each person who offers a hazardous material for transportation in 
commerce, causes a hazardous material to be transported in commerce, or 
transports a hazardous material in commerce and who performs or is 
responsible for performing a pre-transportation function, including each 
person performing pre-transportation functions under contract with any 
department, agency, or instrumentality of the executive, legislative, or 
judicial branch of the Federal government. Pre-transportation functions 
include, but are not limited to, the following:
    (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) Transportation functions. Requirements in the HMR apply to 
transportation of a hazardous material in commerce and to each person 
who transports a hazardous material in commerce, including each person 
under contract with any department, agency, or instrumentality of the 
executive, legislative, or judicial branch of the Federal government who 
transports a hazardous material in commerce. Transportation of a 
hazardous material in commerce begins when a carrier takes physical 
possession of the hazardous material for the purpose of transporting it 
and continues until the package containing the hazardous material is 
delivered to the destination indicated on a shipping document, package 
marking, or other medium, or, in the case of a rail car, until the car 
is delivered to a private track or siding. For a private motor carrier, 
transportation of a hazardous material in commerce begins when a motor 
vehicle driver takes possession of a hazardous

[[Page 100]]

material for the purpose of transporting it and continues until the 
driver relinquishes possession of the package containing the hazardous 
material at its destination and is no longer responsible for performing 
functions subject to the HMR with respect to that particular package. 
Transportation of a hazardous material in commerce includes the 
following:
    (1) Movement. Movement of a hazardous material by rail car, 
aircraft, motor vehicle, or vessel (except as delegated by Department of 
Homeland Security Delegation No. 0170 at 2(103)).
    (2) Loading incidental to movement of a hazardous material. Loading 
of packaged or containerized hazardous material onto a transport 
vehicle, aircraft, or vessel for the purpose of transporting it, 
including blocking and bracing a hazardous materials package in a 
freight container or transport vehicle, and segregating a hazardous 
materials package in a freight container or transport vehicle from 
incompatible cargo, when performed by carrier personnel or in the 
presence of carrier personnel. For a bulk packaging, loading incidental 
to movement is filling the packaging with a hazardous material for the 
purpose of transporting it when performed by carrier personnel or in the 
presence of carrier personnel (except as delegated by Department of 
Homeland Security Delegation No. 0170 at 2(103)), including 
transloading.
    (3) Unloading incidental to movement of a hazardous material. 
Removing a package or containerized hazardous material from a transport 
vehicle, aircraft, or vessel; or for a bulk packaging, emptying a 
hazardous material from the bulk packaging after the hazardous material 
has been delivered to the consignee when performed by carrier personnel 
or in the presence of carrier personnel or, in the case of a private 
motor carrier, while the driver of the motor vehicle from which the 
hazardous material is being unloaded immediately after movement is 
completed is present during the unloading operation. (Emptying a 
hazardous material from a bulk packaging while the packaging is on board 
a vessel is subject to separate regulations as delegated by Department 
of Homeland Security Delegation No. 0170 at 2(103).) Unloading 
incidental to movement includes transloading.
    (4) Storage incidental to movement of a hazardous material. Storage 
of a transport vehicle, freight container, or package containing a 
hazardous material by any person between the time that a carrier takes 
physical possession of the hazardous material for the purpose of 
transporting it until the package containing the hazardous material has 
been delivered to the destination indicated on a shipping document, 
package marking, or other medium, or, in the case of a private motor 
carrier, between the time that a motor vehicle driver takes physical 
possession of the hazardous material for the purpose of transporting it 
until the driver relinquishes possession of the package at its 
destination and is no longer responsible for performing functions 
subject to the HMR with respect to that particular package.
    (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 Sec. 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) Functions not subject to the requirements of the HMR. The 
following are examples of activities to which the HMR do not apply:
    (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

[[Page 101]]

taking physical possession of the hazardous material for movement in 
transportation in commerce.
    (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) Requirements of other Federal agencies. Each facility at which 
pre-transportation or transportation functions are performed in 
accordance with the HMR may be subject to applicable standards and 
regulations of other Federal agencies.
    (f) Requirements of state and local government agencies. (1) Under 
49 U.S.C. 5125, a requirement of a state, political subdivision of a 
state, or an Indian tribe is preempted, unless otherwise authorized by 
another Federal statute or DOT issues a waiver of preemption, if--
    (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

[[Page 102]]

    (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) Penalties for noncompliance. Each person who knowingly violates 
a requirement of the Federal hazardous material transportation law, an 
order issued under Federal hazardous material transportation law, 
subchapter A of this chapter, or a special permit or approval issued 
under subchapter A or C of this chapter is liable for a civil penalty of 
not more than $78,376 for each violation, except the maximum civil 
penalty is $182,877 if the violation results in death, serious illness, 
or severe injury to any person or substantial destruction of property. 
There is no minimum civil penalty, except for a minimum civil penalty of 
$471 for a violation relating to training.

[68 FR 61937, Oct. 30, 2003; 70 FR 20031, Apr. 15, 2005, as amended at 
70 FR 73162, Dec. 9, 2005; 71 FR 8488, Feb. 17, 2006; 71 FR 44931, Aug. 
8, 2006; 74 FR 68702, Dec. 29, 2009; 75 FR 53596, Sept. 1, 2010; 78 FR 
22800, Apr. 17, 2013; 81 FR 42268, June 29, 2016; 82 FR 18400, Apr. 19, 
2017]



Sec. 171.2  General requirements.

    (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 subpart G of part 
107 of this chapter, if applicable.
    (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

[[Page 103]]

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'', ``TC'', ``CTC'', ``CRC'', ``BTC'', ``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

[[Page 104]]

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.

[68 FR 61937, Oct. 30, 2003, as amended at 70 FR 43643, July 28, 2005; 
70 FR 73162, Dec. 9, 2005; 82 FR 15833, Mar. 30, 2017]



Sec. 171.3  Hazardous waste.

    (a) No person may offer for transportation or transport a hazardous 
waste (as defined in Sec. 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 Sec. 390.21 of this title even though placards may 
not be required;
    (2) Complies with the requirements for manifests set forth in 
Sec. 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.

    Note: 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. [Note: 
In such cases, EPA does not require carriers to have EPA identification 
numbers.]

    Note 1: 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.)
    Note 2: In 40 CFR part 263, the EPA sets forth requirements for the 
cleanup of releases of hazardous wastes.

[Amdt. 171-53, 45 FR 34586, May 22, 1980, as amended by Amdt. 171-53, 45 
FR 74648, Nov. 10, 1980; Amdt. 171-78, 49 FR 10510, Mar. 20, 1984; Amdt. 
171-107, 54 FR 40068, Sept. 29, 1989; Amdt. 171-111, 55 FR 52466, Dec. 
21, 1990; 56 FR 66157, Dec. 20, 1991; Amdt. 171-2, 59 FR 49132, Sept. 
26, 1994; Amdt. 171-141, 61 FR 21102, May 9, 1996; 73 FR 57004, Oct. 1, 
2008]



Sec. 171.4  Marine pollutants.

    (a) Except as provided in paragraph (c) of this section, no person 
may offer for transportation or transport a marine pollutant, as defined 
in Sec. 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) Exceptions. (1) Except when all or part of the transportation is 
by vessel, the requirements of this subchapter specific to marine 
pollutants do not apply to non-bulk packagings transported by motor 
vehicle, rail car or aircraft.
    (2) Single or combination packagings containing a net quantity per 
single or inner packaging of 5 L or less for liquids or having a net 
mass of 5 kg or less for solids, are not subject to any other 
requirements of this subchapter

[[Page 105]]

provided the packagings meet the general requirements in Secs. 173.24 
and 173.24a. This exception does not apply to marine pollutants that are 
a hazardous waste or a hazardous substance. In the case of marine 
pollutants also meeting the criteria for inclusion in another hazard 
class, all provisions of this subchapter relevant to any additional 
hazards continue to apply.

[Amdt. 171-116, 57 FR 52934, Nov. 5, 1993, as amended by Amdt. 107-39, 
61 FR 51337, Oct. 1, 1996; 80 FR 1114, Jan. 8, 2015]



Sec. 171.6  Control numbers under the Paperwork Reduction Act.

    (a) Purpose and scope. This section collects and displays the 
control numbers assigned to the HMR collections of information by the 
Office of Management and Budget (OMB) under the Paperwork Reduction Act 
of 1995. This section complies with the requirements of 5 CFR 1320.7(f), 
1320.12, 1320.13 and 1320.14 (OMB regulations implementing the Paperwork 
Reduction Act of 1995) for the display of control numbers assigned by 
OMB to collections of information of the HMR.
    (b) OMB control numbers. The table in paragraph (b)(2) of this 
section sets forth the control numbers assigned to collection of 
information in the HMR by the Office of Management and Budget (OMB) 
under the Paperwork Reduction Act of 1995.
    (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.

------------------------------------------------------------------------
                                                    Title 49 CFR part or
                                                       section where
  Current OMB control No.           Title              identified and
                                                         described
------------------------------------------------------------------------
2137-0014.................  Cargo Tank             Secs.  107.503,
                             Specification          107.504, 178.320,
                             Requirements.          178.337, 178.338,
                                                    178.345, 180.407,
                                                    180.409, 180.413,
                                                    180.417.
2137-0018.................  Inspection and         Secs.  173.24,
                             Testing of Portable    173.32, 178.3,
                             Tanks and              178.255, 178.273,
                             Intermediate Bulk      178.274, 178.703,
                             Containers.            178.801, 180.352,
                                                    180.605.
2137-0022.................  Testing, Inspection,   Secs.  173.5b,
                             and Marking            173.302a, 173.303,
                             Requirements for       173.304, 173.309,
                             Cylinders.             178.2, 178.3,
                                                    178.35, 178.44,
                                                    178.45, 178.46,
                                                    178.57, 178.59,
                                                    178.60, 178.61,
                                                    178.68, 180.205,
                                                    180.207, 180.209,
                                                    180.211, 180.213,
                                                    180.215, 180.217,
                                                    appendix C to part
                                                    180.
2137-0034.................  Hazardous Materials    Secs.  172.200,
                             Shipping Papers and    172.201, 172.202,
                             Emergency Response     172.203, 172.204,
                             Information.           172.505, 172.600,
                                                    172.602, 172.604,
                                                    172.606, 173.6,
                                                    173.7, 173.22,
                                                    173.56, 174.24,
                                                    174.26, 174.114,
                                                    175.30, 175.31,
                                                    175.33, 176.24,
                                                    176.27, 176.30,
                                                    176.36, 176.89,
                                                    177.817.
2137-0039.................  Hazardous Materials    Secs.  171.15,
                             Incidents Reports.     171.16, 171.21.
2137-0051.................  Rulemaking and         Secs.  105.30,
                             Special Permit         105.40, 106.95,
                             Petitions.             106.110, 107.105,
                                                    107.107, 107.109,
                                                    107.113, 107.117,
                                                    107.121, 107.123,
                                                    107.125, 107.205,
                                                    107.211, 107.215,
                                                    107.217, 107.219,
                                                    107.221, 107.223.
2137-0510.................  RAM Transportation     Part 173, subpart I,
                             Requirements.          Secs.  173.22,
                                                    173.411, 173.415,
                                                    173.416, 173.417,
                                                    173.457, 173.471,
                                                    173.472, 173.473,
                                                    173.476.
2137-0542.................  Flammable Cryogenic    Secs.  173.318,
                             Liquids.               177.816, 177.840,
                                                    180.405.

[[Page 106]]

 
2137-0557.................  Approvals for          Secs.  107.402,
                             Hazardous Materials    107.403, 107.405,
                                                    107.502, 107.503,
                                                    107.705, 107.713,
                                                    107.715, 107.717,
                                                    107.803, 107.805,
                                                    107.807, 110.30,
                                                    172.101, 172.102,
                                                    Special Provisions
                                                    19, 26, 53, 55, 60,
                                                    105, 118, 121, 125,
                                                    129, 131, 133, 136,
                                                    B45, B55, B61, B69,
                                                    B77, B81, N10, N72,
                                                    173.2a, 173.4,
                                                    173.7, 173.21,
                                                    173.22, 173.24,
                                                    173.31, 173.38,
                                                    173.51, 173.56,
                                                    173.58, 173.59,
                                                    173.124, 173.128,
                                                    173.159, 173.166,
                                                    173.171, 173.214,
                                                    173.222, 173.224,
                                                    173.225, 173.245,
                                                    173.301, 173.305,
                                                    173.306, 173.314,
                                                    173.315, 173.316,
                                                    173.318, 173.334,
                                                    173.340, 173.411,
                                                    173.433, 173.457,
                                                    173.471, 173.472,
                                                    173.476, 174.50,
                                                    174.63, 175.8,
                                                    175.85, 175.701,
                                                    175.703, 176.168,
                                                    176.340, 176.704,
                                                    178.3, 178.35,
                                                    178.47, 178.53,
                                                    178.273, 178.274,
                                                    178.503, 178.509,
                                                    178.605, 178.606,
                                                    178.608, 178.801,
                                                    178.813, 180.213.
2137-0559.................  (Rail Carriers and     Secs.  172.102,
                             Tank Car Tank          Special provisions:
                             Requirements)          B45, B46, B55, B61,
                             Requirements for       B69, B77, B78, B81;
                             Rail Tank Car Tanks--  173.10, 173.31,
                             Transportation of      174.20, 174.50,
                             Hazardous Materials    174.63, 174.104,
                             by Rail..              174.114, 174.204,
                                                    179.3, 179.4, 179.5,
                                                    179.6, 179.7,
                                                    179.11, 179.18,
                                                    179.22, 179.100-9,
                                                    179.100-12, 179.100-
                                                    13, 179.100-16,
                                                    179.100-17, 179.102-
                                                    4, 179.102-17,
                                                    179.103-1, 179.103-
                                                    2, 179.103-3,
                                                    179.103-5, 179.200-
                                                    10, 179.200-14,
                                                    179.200-15, 179.200-
                                                    16, 179.200-17,
                                                    179.200-19, 179.201-
                                                    3, 179.201-8,
                                                    179.201-9, 179.220-
                                                    4, 179.220-7,
                                                    179.220-8, 179.220-
                                                    13, 179.220-15,
                                                    179.220-17, 179.220-
                                                    18, 179.220-20,
                                                    179.220-22, 179.300-
                                                    3, 179.300-7,
                                                    179.300-9, 179.300-
                                                    12, 179.300-13,
                                                    179.300-15, 179.300-
                                                    20, 179.400-3,
                                                    179.400-4, 179.400-
                                                    11, 179.400-13,
                                                    179.400-16, 179.400-
                                                    17, 179.400-19,
                                                    179.400-20, 179.500-
                                                    5, 179.500-8,
                                                    179.500-12, 179.500-
                                                    18, 180.505,
                                                    180.509, 180.515,
                                                    180.517.
2137-0572.................  Testing requirements   Secs.  173.168,
                             for non-bulk           178.2, 178.601,
                             packages.              appendix C to part
                                                    178, appendix D to
                                                    part 178.
2137-0582.................  Container              Secs.  176.27,
                             Certification          176.172.
                             Statement.
2137-0586.................  Hazardous Materials    Part 110.
                             Public Sector
                             Training and
                             Planning Grants.
2137-0591.................  Response Plans for     Part 130.
                             Shipments of Oil.
2137-0595.................  Cargo Tank Motor       Secs.  173.315,
                             Vehicles in            178.337-8, 178.337-
                             Liquefied Compressed   9, 180.405, 180.416.
                             Gas Service.
2137-0612.................  Hazardous Materials    Part 172, subpart I,
                             Security Plans.        Secs.  172.800,
                                                    172.802, 172.804.
2137-0613.................  Subsidiary Hazard      Secs.  172.202,
                             Class and Number/      172.203
                             Type of Packagings.
2137-0620.................  Inspection and         Part 173, subpart A,
                             Testing of Meter       Sec. 173.5a.
                             Provers.
2137-0621.................  Requirements for       Secs.  173.301,
                             United Nations (UN)    173.304, 173.304b,
                             Cylinders.             178.69, 178.70,
                                                    178.74, 178.75,
                                                    180.207, 180.209,
                                                    180.212, 180.215,
                                                    180.217.
------------------------------------------------------------------------


[Amdt. 171-111, 56 FR 66157, Dec. 20, 1991]

    Editorial Note: For Federal Register citations affecting Sec. 171.6, 
see the List of CFR Sections Affected, which appears in the Finding Aids 
section of the printed volume and at www.fdsys.gov.



Sec. 171.7  Reference material.

    (a) Matter incorporated by reference--(1) General. Certain material 
is incorporated by reference into subchapters A, B, and C with the 
approval of the Director of the Federal Register under 5

[[Page 107]]

U.S.C. 552(a) and 1 CFR part 51. To enforce any edition other than that 
specified in this section, PHMSA must publish a document in the Federal 
Register and the material must be available to the public. Matters 
referenced by footnote are included as part of the regulations of this 
subchapter.
    (2) Accessibility of materials. All incorporated matter is available 
for inspection at:
    (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: http://
www.phmsa.dot.gov; and
    (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: http://www.archives.gov/federal _register/
code_of_federal _regulations/ibr_locations.html.
    (b) Air Transport Association of America, 1301 Pennsylvania Avenue 
NW., Washington, DC 20004-1707.
    (1) ATA Specification No. 300 Packaging of Airline Supplies, 
Revision 19, July 31, 1996, into Sec. 172.102.
    (2) [Reserved]
    (c) The Aluminum Association, 1525 Wilson Blvd., Suite 6000, 
Arlington, VA 22209, telephone 703-358-2960, http://www.aluminum.org.
    (1) Aluminum Standards and Data, Seventh Edition, June 1982, into 
Secs. 172.102; 178.65.
    (2) Welding Aluminum: Theory and Practice, 2002 Fourth Edition, into 
Sec. 178.68.
    (d) American National Standards Institute, Inc., 25 West 43rd 
Street, New York, NY 10036.
    (1) ANSI/ASHRAE 15-94, Safety Code for Mechanical Refrigeration, 
1944, into Secs. 173.306; 173.307.
    (2) ANSI N14.1  Uranium Hexafluoride--Packaging for Transport, 1971 
Edition, into Secs. 173.417; 173.420.
    (3) ANSI N14.1  Uranium Hexafluoride--Packaging for Transport, 1982 
Edition, into Secs. 173.417; 173.420.
    (4) ANSI N14.1  Uranium Hexafluoride--Packaging for Transport, 1987 
Edition, into Secs. 173.417; 173.420.
    (5) ANSI N14.1  Uranium Hexafluoride--Packaging for Transport, 1990 
Edition, into Secs. 173.417; 173.420.
    (6) ANSI N14.1  Uranium Hexafluoride--Packaging for Transport, 1995 
Edition, into Secs. 173.417; 173.420.
    (7) ANSI N14.1  Uranium Hexafluoride--Packaging for Transport, 2001 
Edition, into Secs. 173.417; 173.420.
    (e) American Petroleum Institute, 1220 L Street NW., Washington, DC 
20005-4070.
    (1) API Recommended Practice Closures of Underground Petroleum 
Storage Tanks, 3rd Edition, March 1996, into Sec. 172.102.
    (2) [Reserved]
    (f) American Pyrotechnics Association (APA), P.O. Box 30438, 
Bethesda, MD 20824, (301) 907-8181, www.americanpyro.com.
    (1) APA Standard 87-1, Standard for Construction and Approval for 
Transportation of Fireworks, Novelties, and Theatrical Pyrotechnics, 
December 1, 2001 version into Sec. 173.56.
    (2) [Reserved]
    (g) The American Society of Mechanical Engineers (ASME), 150 Clove 
Road, Little Falls, NJ 07424-2139, telephone 1-800-843-2763, http://
www.asme.org.
    (1) 2015 ASME Boiler and Pressure Vessel Code (ASME Code), 2015 
Edition, July 1, 2015 (as follows), into Secs. 172.102; 173.3; 173.5b; 
173.24b; 173.306; 173.315; 173.318; 173.420; 178.255-1; 178.255-2; 
178.255-14; 178.255-15; 178.273; 178.274; 178.276; 178.277; 178.320; 
178.337-1; 178.337-2; 178.337-3; 178.337-4; 178.337-6; 178.337-16; 
178.337-18; 178.338-1; 178.338-2; 178.338-3; 178.338-4; 178.338-5; 
178.338-6; 178.338-13; 178.338-16; 178.338-18; 178.338-19; 178.345-1; 
178.345-2; 178.345-3; 178.345-4; 178.345-7; 178.345-14; 178.345-15; 
178.346-1; 178.347-1; 178.348-1; 179.400-3; 180.407:
    (i) Section II--Materials--Part A--Ferrous Materials Specifications.
    (ii) Section II--Materials--Part B--Nonferrous Material 
Specifications.
    (iii) Section V--Nondestructive Examination.
    (iv) Section VIII--Rules for Construction of Pressure Vessels 
Division 1.

[[Page 108]]

    (v) Section IX--Welding, Brazing, and Fusing Qualifications.
    (2) ASME B31.4-2012, Pipeline Transportation Systems for Liquids and 
Slurries, November 12, 2012, into Sec. 173.5a.
    (h) American Society for Testing and Materials, 100 Barr Harbor 
Drive, West Conshohocken, PA 1942, telephone (610) 832-9585, http://
www.astm.org. Copies of historical standards or standards that ASTM does 
not have may be purchased from: Engineering Societies Library, 354 East 
47th Street, New York, NY 10017.
    (1) ASTM A 20/A 20M-93a  Standard Specification for General 
Requirements for Steel Plates for Pressure Vessels, 1993, into 
Secs. 178.337-2; 179.102-4; 179.102-1; 179.102-17.
    (2) ASTM A 47-68  Malleable Iron Castings, 1968, into Sec. 179.200-
15.
    (3) ASTM A 53/A 53M-06a (ASTM A 53) Standard Specification for Pipe, 
Steel, Black and Hot-Dipped, Zinc-Coated, Welded and Seamless, 2006, 
into Sec. 173.5b.
    (4) ASTM A 106/A 106M-06a (ASTM A 106) Standard Specification for 
Seamless Carbon Steel Pipe for High-Temperature Service, 2006, into 
Sec. 173.5b.
    (5) ASTM A 240/A 240M-99b  Standard Specification for Heat-Resisting 
Chromium and Chromium-Nickel Stainless Steel Plate, Sheet and Strip for 
Pressure Vessels, 1999, into Secs. 178.57; 178.358-5; 179.100-7; 
179.100-10; 179.102-1; 179.102-4; 179.102-17; 179.200-7; 179.201-5; 
179.220-7; 179.300-7; 179.400-5.
    (6) ASTM A 242-81  Standard Specification for High-Strength Low-
Alloy Structural Steel, 1981, into Sec. 178.338-2.
    (7) ASTM A 262-93a  Standard Practices for Detecting Susceptibility 
to Intergranular Attack in Austenitic Stainless Steels, 1993, into 
179.100-7; 179.200-7; 179.201-4.
    (8) ASTM A 285-78  Pressure Vessel Plates, Carbon Steel, Low- and 
Intermediate-Tensile Strength, 1978, into Sec. 179.300-7.
    (9) ASTM A 300-58  Steel Plates for Pressure Vessels for Service at 
Low Temperatures, 1958, into Sec. 178.337-2.
    (10) ASTM A 302/A 302M-93  Standard Specification for Pressure 
Vessel Plates, Alloy Steel, Manganese-Molybdenum and Manganese-
Molybdenum Nickel, 1993, into Sec. 179.100-7; 179.200-7; 179.220-7.
    (11) ASTM A 333-67  Seamless and Welded Steel Pipe for Low-
Temperature Service, 1967, into Sec. 178.45.
    (12) ASTM A 370-94  Standard Test 179.102-1; 179.102-4; Methods and 
Definitions for Mechanical Testing of Steel Products, 1994, into 
Secs. 179.102-17; 179.102-1; 179.102-4.
    (13) ASTM A 441-81  Standard Specification for High-Strength Low-
Alloy Structural Manganese Vanadium Steel, 1981, into Sec. 178.338-2.
    (14) ASTM A 514-81  Standard Specification for High-Yield Strength 
Quenched and Tempered Alloy Steel Plate, Suitable for Welding, 1981, 
into Sec. 178.338-2.
    (15) ASTM A 515/A 515M-03  Standard Specification for Pressure 
Vessel Plates, Carbon Steel, for Intermediate- and Higher-Temperature 
Service, 2003, into Sec. 179.300-7.
    (16) ASTM A 516/A 516M-90  Standard Specification for Pressure 
Vessel Plates, Carbon Steel, for Moderate and Lower-Temperature Service, 
1990, into Sec. 178.337-2; 179.100-7; 179.102-1; 179.102-2; 179.102-4; 
179.102-17; 179.200-7; 179.220-7; 179.300-7.
    (17) ASTM A 537/A 537M-91  Standard Specification for Pressure 
Vessel Plates, Heat-Treated, Carbon-Manganese-Silicon Steel, 1991, into 
Sec. 179.100-7; 179.102-4; 179.102-17.
    (18) ASTM A 572-82  Standard Specification for High-Strength Low-
Alloy Columbian-Vanadium Steels of Structural Quality, 1982, into 
Sec. 178.338-2.
    (19) ASTM A 588-81  Standard Specification for High-Strength Low-
Alloy Structural Steel with 50 Ksi Minimum Yield Point to 4 in. Thick, 
1981, into Sec. 178.338-2.
    (20) ASTM A 606-75  Standard Specification for Steel Sheet and Strip 
Hot-Rolled and Cold-Rolled, High-Strength, Low-Alloy, with Improved 
Atmospheric Corrosion Resistance, 1975 (Reapproved 1981), into 
Sec. 178.338-2.
    (21) ASTM A 607-98  Standard Specification for Steel, Sheet and 
Strip, High-Strength, Low-Alloy, Columbium or Vanadium, or Both, Hot-
Rolled and Cold-Rolled, 1998, into Sec. 178.338-2.
    (22) ASTM A 612-72a  High Strength Steel Plates for Pressure Vessels 
for Moderate and Lower Temperature Service, 1972, into Sec. 178.337-2.

[[Page 109]]

    (23) ASTM A 633-79a  Standard Specification for Normalized High-
Strength Low-Alloy Structural Steel, 1979 Edition, into Sec. 178.338-2.
    (24) ASTM A 715-81  Standard Specification for Steel Sheet and 
Strip, Hot-Rolled, High-Strength, Low-Alloy with Improved Formability, 
1981, into Sec. 178.338-2.
    (25) ASTM A 1008/A 1008M-03  Standard Specification for Steel, 
Sheet, Cold-Rolled, Carbon, Structural, High-Strength Low-Alloy and High 
Strength Low-Alloy with Improved Formability, 2003, into Sec. 178.338-2; 
178.345-2.
    (26) ASTM A 1011/A 1011M-03a  Standard Specification for Steel, 
Sheet and Strip, Hot-Rolled, Carbon, Structural, High-Strength Low Alloy 
and High Strength Low-Alloy with Improved Formability, 2003, into 
Sec. 178.338-2; 178.345-2.
    (27) ASTM B 162-93a  Standard Specification for Nickel Plate, Sheet, 
and Strip, 1993, into Sec. 173.249; 179.200-7.
    (28) ASTM B 209-93  Standard Specification for Aluminum and 
Aluminum-Alloy Sheet and Plate, 1993, into Sec. 179.100-7; 179.200-7; 
179.220-7.
    (29) ASTM B 221-76  Aluminum Alloy Extruded Bars, Rods, Shapes, and 
Tubes, 1976, into Sec. 178.46.
    (30) ASTM B 557-84  Tension Testing Wrought and Cast Aluminum and 
Magnesium-Alloy Products, 1984, into Sec. 178.46.
    (31) ASTM B 580-79  Standard Specification for Anodic Oxide Coatings 
on Aluminum, (Re-approved 2000), into Sec. 173.316; 173.318; 178.338-17.
    (32) ASTM D 56-05, Standard Test Method for Flash Point by Tag 
Closed Cup Tester, approved May 1, 2005, into Sec. 173.120.
    (33) ASTM D 86-07a, Standard Test Method for Distillation of 
Petroleum Products at Atmospheric Pressure, approved April 1, 2007, into 
Sec. 173.121.
    (34) ASTM D 93-08, Standard Test Methods for Flash Point by Pensky-
Martens Closed Cup Tester, approved October 15, 2008, into Sec. 173.120.
    (35) ASTM D 1078-05, Standard Test Method for Distillation Range of 
Volatile Organic Liquids, approved May 15, 2005, into Sec. 173.121.
    (36) ASTM D 1238-90b  Standard Test Method for Flow Rates of 
Thermoplastics for Extrusion Plastometer, 1990, into Sec. 173.225.
    (37) ASTM D 1709-01  Standard Test Methods for Impact Resistance of 
Plastic Film by the Free-Falling Dart Method, 2001, into Sec. 173.197.
    (38) ASTM D 1835-97  Standard Specification for Liquefied Petroleum 
(LP) Gases, 1997, into Sec. 180.209.
    (39) ASTM D 1838-64  Copper Strip Corrosion by Liquefied Petroleum 
(LP) Gases, 1964, into Sec. 173.315.
    (40) ASTM D 1922-00a  Standard Test Method for Propogation Tear 
Resistance of Plastic Film and Thin Sheeting by Pendulum Method, 2000, 
into Sec. 173.197.
    (41) ASTM D 3278-96  (Reapproved 2004) E1, Standard Test Methods for 
Flash Point of Liquids by Small Scale Closed-Cup Apparatus, approved 
November 1, 2004, into Sec. 173.120.
    (42) ASTM D 3828-07a, Standard Test Methods for Flash Point by Small 
Scale Closed Cup Tester, approved July 15, 2007, Sec. 173.120.
    (43) ASTM D 4206-96  Standard Test Method for Sustained Burning of 
Liquid Mixtures Using the Small Scale Open-Cup Apparatus, 1996, into 
Sec. 173.120.
    (44) ASTM D 4359-90 Standard Test Method for Determining Whether a 
Material is a Liquid or a Solid, 1990 into Secs. 130.5, 171.8.
    (45) ASTM E 8-99  Standard Test Methods for Tension Testing of 
Metallic Materials, 1999, into Sec. 178.36; 178.37; 178.38; 178.39; 
178.44; 178.45; 178.50; 178.51; 178.53; 178.55; 178.56; 178.57; 178.58; 
178.59; 178.60; 178.61; 178.68.
    (46) ASTM E 23-98  Standard Test Methods for Notched Bar Impact 
Testing of Metallic Materials, 1998, into Sec. 178.57.
    (47) ASTM E 112-88  Standard Test Methods for Determining Average 
Grain Size, 1988, into Sec. 178.44.
    (48) ASTM E 112-96  Standard Test Methods for Determining Average 
Grain Size, 1996 Edition, into Sec. 178.274; part 178, appendix A.
    (49) ASTM E 114-95  Standard Practice for Ultrasonic Pulse-Echo 
Straight-Beam Examination by the Contact Method, 1995, into Sec. 178.45.
    (50) ASTM E 213-98  Standard Practice for Ultrasonic Examination of 
Metal Pipe and Tubing, into Sec. 178.45.

[[Page 110]]

    (51) ASTM E 290-97a  Standard Test Methods for Bend Testing of 
Material for Ductility, published February 1998, into Sec. 178.37.
    (i) [Reserved]
    (j) American Welding Society, 550 NW. Le Jeune Road, Miami, Florida 
33126.
    (1) AWS Code B 3.0; Standard Qualification Procedure; 1972 (FRB 3.0-
41, rev. May 1973), into Secs. 178.356-2, 178.358-2.
    (2) AWS Code D 1.0; Code for Welding in Building Construction (FR D 
1.0-66, 1966), into Secs. 178.356-2; 178.358-2.
    (k) Association of American Railroads, American Railroads Building, 
50 F Street NW., Washington, DC 20001; telephone (877) 999-8824, http://
www.aar.org /publications.com.
    (1) AAR Manual of Standards and Recommended Practices, Section C--
Part III, Specifications for Tank Cars, Specification M-1002, (AAR 
Specifications for Tank Cars), December 2000, Secs. 173.31; 179.6; 
179.7; 179.15; 179.16; 179.20; 179.22; 179.24; 179.100-9; 179.100-10; 
179.100-12; 179.100-13; 179.100-14; 179.100-18; 179.101-1; 179.102-1; 
179.102-4; 179.102-17; 179.103-5; 179.200-7; 179.200-9; 179.200-10; 
179.200-11; 179.200-13; 179.200-17; 179.200-22; 179.201-6; 179.220-6; 
179.220-7; 179.220-10; 179.220-11; 179.220-14; 179.220-18; 179.220-26; 
179.300-9; 179.300-10; 179.300-15; 179.300-17; 179.400-5; 179.400-6; 
179.400-8; 179.400-11; 179.400-12; 179.400-15; 179.400-18; 179.400-20; 
179.400-25; 180.503; 180.509; 180.513; 180.515; 180.517.
    (2) AAR Manual of Standards and Recommended Practices, Section C--
III, Specifications for Tank Cars, Specification M-1002 (AAR 
Specifications for Tank Cars), Appendix E, Design Details, implemented 
April 2010; into Secs. 179.202-9, and 179.202-12(f).
    (3) AAR Manual of Standards and Recommended Practices, Section I, 
Specially Equipped Freight Car and Intermodal Equipment, 1988, into 
Sec. 174.55; 174.63.
    (4) AAR Specifications for Design, Fabrication and Construction of 
Freight Cars, Volume 1, 1988, into Sec. 179.16.
    (5) AAR Standard 286; AAR Manual of Standards and Recommended 
Practices, Section C, Car Construction Fundamentals and Details, 
Standard S-286, Free/Unrestricted Interchange for 286,000 lb Gross Rail 
Load Cars (Adopted 2002; Revised: 2003, 2005, 2006), into 179.13.
    (l) Chlorine Institute, Inc., 1300 Wilson Boulevard, Arlington, VA 
22209.
    (1) Chlorine Institute Emergency Kit ``A'' for 100-lb. & 150 lb. 
Chlorine Cylinders (with the exception of repair method using Device 8 
for side leaks), Edition 10, June 2003, into 173.3.
    (2) Chlorine Institute Emergency Kit ``B'' for Chlorine Ton 
Containers (with the exception of repair method using Device 9 for side 
leaks), Edition 9, June 2003, into 173.3.
    (3) Type 1 JQ 225, Dwg., H51970, Revision F, November 1996, into 
Sec. 173.315.
    (4) Type 1 JQ 225, Dwg. H50155, Revision H, November 1996, into 
Sec. 173.315.
    (5) Section 3, Pamphlet 57, Emergency Shut-Off Systems for Bulk 
Transfer of Chlorine, Edition 4, October 2003, into Sec. 177.840.
    (6) Section 3, Pamphlet 166, Angle Valve Guidelines for Chlorine 
Bulk Transportation, 1st Edition, October 2002, into Sec. 178.337-9.
    (7) Standard Chlorine Angle Valve Assembly, Dwg. 104-8, July 1993, 
into Sec. 178.337-9.
    (8) Excess Flow Valve with Removable Seat, Dwg. 101-7, July 1993, 
into Sec. 178.337-8.
    (9) Excess Flow Valve with Removable Basket, Dwg. 106-6, July 1993, 
into Sec. 178.337-8.
    (10) Standards for Housing and Manway Covers for Steel Cargo Tanks, 
Dwgs. 137-1 and 137-2, September 1, 1982, into Sec. 178.337-10.
    (11) Typical Manway Arrangement Chlorine Cargo Tank, Dwg 137-5, 
November 1996, into 178.337-10.
    (m) Canadian General Standards Board, Place du Portage III, 6B1 11 
Laurier Street, Gatineau, Quebec, Canada K1A 1G6.
    (1) National Standard of Canada (CAN/CGSB 43.147--2005) 
Construction, Modification, Qualification, Maintenance, and Selection 
and Use of Means of Containment for the Handling, Offering for 
Transport, or Transportation of Dangerous Goods by Rail, into 
Sec. 171.12.
    (2) [Reserved]
    (n) Compressed Gas Association (CGA), 1235 Jefferson Davis Highway, 
Arlington, VA 22202.

[[Page 111]]

    (1) CGA Pamphlet C-3, Standards for Welding on Thin-Walled Steel 
Cylinders, 1994, into Sec. 178.47; 178.50; 178.51; 178.53; 178.55; 
178.56; 178.57; 178.58; 178.59; 178.60; 178.61; 178.65; 178.68; 180.211.
    (2) CGA C-5, Cylinder Service Life--Seamless Steel High Pressure 
Cylinders, 1991 (reaffirmed 1995), into Sec. 173.302a.
    (3) CGA Pamphlet C-6, Standards for Visual Inspection of Steel 
Compressed Gas Cylinders, 1993, into Sec. 172.102, Sec. 173.3, 173.198, 
180.205, 180.209, 180.211, 180.411, 180.519.
    (4) CGA Pamphlet C-6.1, Standards for Visual Inspection of High 
Pressure Aluminum Compressed Gas Cylinders, 2002, Fourth Edition, into 
Sec. 180.205; 180.209.
    (5) CGA Pamphlet C-6.2, Guidelines for Visual Inspection and 
Requalification of Fiber Reinforced High Pressure Cylinders, 1996, Third 
Edition, into Sec. 180.205.
    (6) CGA Pamphlet C-6.3, Guidelines for Visual Inspection and 
Requalification of Low Pressure Aluminum Compressed Gas Cylinders, 1991, 
into Sec. 180.205; 180.209.
    (7) CGA C-7, Guide to Preparation of Precautionary Labeling and 
Marking of Compressed Gas Containers, Appendix A, issued 2004 (8th 
Edition), into Sec. 172.400a.
    (8) CGA Pamphlet C-8, Standard for Requalification of DOT-3HT 
Cylinder Design, 1985, into Sec. 180.205; 180.209.
    (9) CGA Pamphlet C-11, Recommended Practices for Inspection of 
Compressed Gas Cylinders at Time of Manufacture, 2001, Third Edition, 
into Sec. 178.35.
    (10) CGA Pamphlet C-12, Qualification Procedure for Acetylene 
Cylinder Design, 1994, into Sec. 173.301; 173.303; 178.59; 178.60.
    (11) CGA Pamphlet C-13, Guidelines for Periodic Visual Inspection 
and Requalification of Acetylene Cylinders, 2000, Fourth Edition, into 
Sec. 173.303; 180.205; 180.209.
    (12) CGA Pamphlet C-14, Procedures for Fire Testing of DOT Cylinder 
Pressure Relief Device Systems, 1979, into Sec. 173.301; 173.323.
    (13) CGA G-1.6-2011, Standard for Mobile Acetylene Trailer Systems, 
Seventh Edition, copyright 2011, into Sec. 173.301.
    (14) CGA Pamphlet G-2.2, Guideline Method for Determining Minimum of 
0.2% Water in Anhydrous Ammonia, 1985, Second Edition, Reaffirmed 1997, 
into Sec. 173.315.
    (15) CGA Pamphlet G-4.1, Cleaning Equipment for Oxygen Service, 
1985, into Sec. 178.338-15.
    (16) CGA Pamphlet P-20, Standard for the Classification of Toxic Gas 
Mixtures, 1995, into Sec. 173.115.
    (17) CGA Pamphlet P-20, Standard for the Classification of Toxic Gas 
Mixtures, 2003, Third Edition, into Sec. 173.115.
    (18) CGA S-1.1, Pressure Relief Device Standards--Part 1--Cylinders 
for Compressed Gases, (with the exception of paragraph 9.1.1.1), Twelfth 
Edition, 2005, into Sec. 173.301, 173.304a 178.75.
    (19) CGA Pamphlet S-1.2, Safety Relief Device Standards Part 2--
Cargo and Portable Tanks for Compressed Gases, 1980, into Sec. 173.315; 
173.318; 178.276; 178.277.
    (20) CGA S-7, Method for Selecting Pressure Relief Devices for 
Compressed Gas Mixtures in Cylinders, 2005, into Sec. 173.301.
    (21) CGA Technical Bulletin TB-2, Guidelines for Inspection and 
Repair of MC-330 and MC-331 Cargo Tanks, 1980, into Sec. 180.407; 
180.413.
    (22) CGA Technical Bulletin TB-25, Design Considerations for Tube 
Trailers, 2008 Edition, into Sec. 173.301.
    (o) Department of Defense (DOD), 2461 Eisenhower Avenue, Alexandria, 
VA 22331.
    (1) DOD TB 700-2; NAVSEAINST 8020.8B; AFTO 11A-1-47; DLAR 8220.1: 
Explosives Hazard Classification Procedures, January 1998, into 
Sec. 173.56.
    (2) Packaging of Hazardous Material, DLAD 4145.41/AR 700-143/AFJI 
24-210/NAVSUPINST 4030.55B/MCO 4030.40B, January 14, 2000, into 
Sec. 173.7.
    (p) [Reserved]
    (q) General Services Administration, Specification Office, Room 
6662, 7th and D Street, S.W., Washington, DC 20407.
    (1) Federal Specification RR-C-901D, Cylinders, Compressed Gas: 
Seamless Shatterproof, High Pressure DOT 3AA Steel, and 3AL Aluminum, 
February 21, 2003, into Secs. 173.302; 173.336; 173.337.
    (2) [Reserved]

[[Page 112]]

    (r) Institute of Makers of Explosives, 1120 19th Street NW., Suite 
310, Washington, DC 20036-3605.
    (1) IME Standard 22,IME Safety Library Publication No. 22, 
Recommendations for the Safe Transportation of Detonators in a Vehicle 
with Certain Other Explosive Materials, February 2007, into 
Secs. 173.63; 177.835.
    (2) IME Standard 23, IME Safety Library Publication No. 23 (IME 
Standard 23), Recommendations for the Transportation of Explosives, 
Division 1.5, Ammonium Nitrate Emulsions, Division 5.1, Combustible 
Liquids, Class 3, and Corrosives, Class 8 in Bulk Packaging, October 
2011, into Secs. 173.66(intro); 177.835(d).
    (s) International Atomic Energy Agency (IAEA), P.O. Box 100, 
Wagramer Strasse 5, A-1400 Vienna, Austria. Also available from: Bernan 
Associates, 4611-F Assembly Drive, Lanham, MD 20706-4391, USA; or Renouf 
Publishing Company, Ltd., 812 Proctor Avenue, Ogdensburg, New York 
13669, USA.
    (1) IAEA Safety Standards for Protecting People and the Environment; 
Regulations for the Safe Transport of Radioactive Material, No. SSR-6, 
(IAEA Regulations), 2012 Edition, into Secs. 171.22; 171.23; 171.26; 
173.415; 173.416; 173.417; 173.435; 173.473.
    (2) [Reserved]
    (t) International Civil Aviation Organization (``ICAO''), 999 
Robert-Bourassa Boulevard, Montreal, Quebec H3C 5H7, Canada, 1-514-954-
8219, http://www.icao.int. ICAO Technical Instructions available from: 
ICAO Document Sales Unit, [email protected]
    (1) Technical Instructions for the Safe Transport of Dangerous Goods 
by Air (ICAO Technical Instructions), 2017-2018 Edition, copyright 2016, 
into Secs. 171.8; 171.22; 171.23; 171.24; 172.101; 172.202; 172.401; 
172.512; 172.519; 172.602; 173.56; 173.320; 175.10, 175.33; 178.3.
    (2) [Reserved]
    (u) International Electrotechnical Commission (IEC), 3 rue de 
Varembe, P.O. Box 131, CH--1211, GENEVA 20, Switzerland.
    (1) IEC 62282-6-100:2010(E), Fuel cell technologies--Part 6-100: 
Micro fuel cell power systems--Safety, Edition 1.0, March 2010, into 
Secs. 173.230; 175.10.
    (2) 62282-6-100 Amend. 1 IEC 2012(E), Amendment 1 to IEC 62282-6-
100: Fuel cell technologies--Part 6-100: Micro fuel cell power systems--
Safety, Edition 1.0, October 2012, into Secs. 173.230; 175.10
    (v) International Maritime Organization (``IMO''), 4 Albert 
Embankment, London, SE1 7SR, United Kingdom, + 44 (0) 20 7735 7611, 
http://www.imo.org. IMDG Code available from: IMO Publishing, 
[email protected]
    (1) International Convention for the Safety of Life at Sea, 1974, 
Consolidated Edition (SOLAS), Chapter II-2, Construction--Fire 
protection, fire detection and fire extinction, Regulation 19, Carriage 
of dangerous goods, Fifth Edition 2009, into Secs. 176.63, 176.84.
    (2) International Maritime Dangerous Goods Code (IMDG Code), 
Incorporating Amendment 38-16 (English Edition), 2016 Edition, into 
Secs. 171.22; 171.23; 171.25; 172.101; 172.202; 172.203 172.401; 
172.502; 172.519; 172.602; 173.21; 173.56; 176.2; 176.5; 176.11; 176.27; 
176.30; 176.83; 176.84; 176.140; 176.720; 176.906; 178.3; 178.274.
    (w) International Organization for Standardization, Case Postale 56, 
CH-1211, Geneve 20, Switzerland, http://www.iso.org. Also available 
from: ANSI 25, West 43rd Street, New York, NY 10036, 1-212-642-4900, 
http://www.ansi.org.
    (1) ISO 535-1991(E) Paper and board--Determination of water 
absorptiveness--Cobb method, 1991, into Secs. 178.707; 178.708; 178.516.
    (2) ISO 1496-1: 1990 (E)--Series 1 freight containers--Specification 
and testing, Part 1: General cargo containers. Fifth Edition, (August 
15, 1990), into Sec. 173.411.
    (3) ISO 1496-3(E)--Series 1 freight containers--Specification and 
testing--Part 3: Tank containers for liquids, gases and pressurized dry 
bulk, Fourth edition, March 1995, into Secs. 178.74; 178.75; 178.274.
    (4) ISO 1516:2002(E), Determination of flash/no flash--Closed cup 
equilibrium method, Third Edition, 2002-03-01, into Sec. 173.120.
    (5) ISO 1523:2002(E), Determination of flash point--Closed cup 
equilibrium method, Third Edition, 2002-03-01, into Sec. 173.120.
    (6) ISO 2431-1984(E) Standard Cup Method, 1984, into Sec. 173.121.
    (7) ISO 2592:2000(E), Determination of flash and fire points--
Cleveland open

[[Page 113]]

cup method, Second Edition, 2000-09-15, into Sec. 173.120.
    (8) ISO 2719:2002(E), Determination of flash point--Pensky-Martens 
closed cup method, Third Edition, 2002-11-15, into Sec. 173.120.
    (9) ISO 2919:1999(E), Radiation Protection--Sealed radioactive 
sources--General requirements and classification, (ISO 2919), second 
edition, February 15, 1999, into Sec. 173.469.
    (10) ISO 3036-1975(E) Board--Determination of puncture resistance, 
1975, into Sec. 178.708.
    (11) ISO 3405:2000(E), Petroleum products--Determination of 
distillation characteristics at atmospheric pressure, Third Edition, 
2000-03-01, into Sec. 173.121.
    (12) ISO 3574-1986(E) Cold-reduced carbon steel sheet of commercial 
and drawing qualities, into Sec. 178.503; part 178, appendix C.
    (13) ISO 3679:2004(E), Determination of flash point--Rapid 
equilibrium closed cup method, Third Edition, 2004-04-01, into 
Sec. 173.120.
    (14) ISO 3680:2004(E), Determination of flash/no flash--Rapid 
equilibrium closed cup method, Fourth Edition, 2004-04-01, into 
Sec. 173.120.
    (15) ISO 3807-2(E), Cylinders for acetylene--Basic requirements--
Part 2: Cylinders with fusible plugs, First edition, March 2000, into 
Secs. 173.303; 178.71.
    (16) ISO 3807:2013(E), Gas cylinders--Acetylene cylinders--Basic 
requirements and type testing, Second edition, 2013-09-01, into 
Secs. 173.303; 178.71.
    (17) ISO 3924:1999(E), Petroleum products--Determination of boiling 
range distribution--Gas chromatography method, Second Edition, 1999-08-
01, into Sec. 173.121.
    (18) ISO 4126-1:2004(E): Safety devices for protection against 
excessive pressure--Part 1: Safety valves, Second edition 2004-02-15, 
into Sec. 178.274.
    (19) ISO 4126-7:2004(E): Safety devices for protection against 
excessive pressure--Part 7: Common data, First Edition 2004-02-15 into 
Sec. 178.274.
    (20) ISO 4126-7:2004/Cor.1:2006(E): Safety devices for protection 
against excessive pressure--Part 7: Common data, Technical Corrigendum 
1, 2006-11-01, into Sec. 178.274.
    (21) ISO 4626:1980(E), Volatile organic liquids--Determination of 
boiling range of organic solvents used as raw materials, First Edition, 
1980-03-01, into Sec. 173.121.
    (22) ISO 4706:2008(E), Gas cylinders--Refillable welded steel 
cylinders--Test pressure 60 bar and below, First Edition, 2008-07-014, 
Corrected Version, 2008-07-01, into Sec. 178.71.
    (23) ISO 6406(E), Gas cylinders--Seamless steel gas cylinders--
Periodic inspection and testing, Second edition, February 2005, into 
Sec. 180.207.
    (24) ISO 6892 Metallic materials--Tensile testing, July 15, 1984, 
First Edition, into Sec. 178.274.
    (25) ISO 7225(E), Gas cylinders--Precautionary labels, Second 
Edition, July 2005, into Sec. 178.71.
    (26) ISO 7866(E), Gas cylinders--Refillable seamless aluminum alloy 
gas cylinders--Design, construction and testing, First edition, June 
1999, into Sec. 178.71.
    (27) ISO 7866:2012(E), Gas cylinders--Refillable seamless aluminium 
alloy gas cylinders--Design, construction and testing, Second edition, 
2012-09-01, into Sec. 178.71.
    (28) ISO 7866:2012/Cor.1:2014(E), Gas cylinders -- Refillable 
seamless aluminium alloy gas cylinders -- Design, construction and 
testing, Technical Corrigendum 1, 2014-04-15, into Sec. 178.71.
    (29) ISO 8115 Cotton bales--Dimensions and density, 1986 Edition, 
into Sec. 172.102.
    (30) ISO 9809-1:1999(E): Gas cylinders--Refillable seamless steel 
gas cylinders--Design, construction and testing--Part 1: Quenched and 
tempered steel cylinders with tensile strength less than 1100 MPa., 
First edition, June 1999, into Secs. 178.37; 178.71; 178.75.
    (31) ISO 9809-1:2010(E): Gas cylinders--Refillable seamless steel 
gas cylinders--Design, construction and testing--Part 1: Quenched and 
tempered steel cylinders with tensile strength less than 1 100 MPa., 
Second edition, 2010-04-15, into Secs. 178.37; 178.71; 178.75.
    (32) ISO 9809-2:2000(E): Gas cylinders--Refillable seamless steel 
gas cylinders--Design, construction and testing--Part 2: Quenched and 
tempered steel cylinders with tensile strength greater than or equal to 
1 100

[[Page 114]]

MPa., First edition, June 2000, into Secs. 178.71; 178.75.
    (33) ISO 9809-2:2010(E): Gas cylinders--Refillable seamless steel 
gas cylinders--Design, construction and testing--Part 2: Quenched and 
tempered steel cylinders with tensile strength greater than or equal to 
1100 MPa., Second edition, 2010-04-15, into Secs. 178.71; 178.75.
    (34) ISO 9809-3:2000(E): Gas cylinders--Refillable seamless steel 
gas cylinders--Design, construction and testing--Part 3: Normalized 
steel cylinders, First edition, December 2000, into Secs. 178.71; 
178.75.
    (35) ISO 9809-3:2010(E): Gas cylinders--Refillable seamless steel 
gas cylinders--Design, construction and testing--Part 3: Normalized 
steel cylinders, Second edition, 2010-04-15, into Secs. 178.71; 178.75.
    (36) ISO 9809-4:2014(E), Gas cylinders--Refillable seamless steel 
gas cylinders--Design, construction and testing--Part 4: Stainless steel 
cylinders with an Rm value of less than 1 100 MPa, First edition, 2014-
07-15, into Secs. 178.71; 178.75.
    (37) ISO 9978:1992(E)--Radiation protection--Sealed radioactive 
sources--Leakage test methods. First Edition, (February 15, 1992), into 
Sec. 173.469.
    (38) ISO 10156:2010(E): Gases and gas mixtures--Determination of 
fire potential and oxidizing ability for the selection of cylinder valve 
outlets, Third edition, 2010-04-01, into Sec. 173.115.
    (39) ISO 10156:2010/Cor.1:2010(E): Gases and gas mixtures--
Determination of fire potential and oxidizing ability for the selection 
of cylinder valve outlets, Technical Corrigendum 1, 2010-09-01, into 
Sec. 173.115.
    (40) ISO 10297:1999(E), Gas cylinders--Refillable gas cylinder 
valves--Specification and type testing, First Edition, 1995-05-01, into 
Secs. 173.301b; 178.71.
    (41) ISO 10297:2006(E), Transportable gas cylinders--Cylinder 
valves--Specification and type testing, Second Edition, 2006-01-15, into 
Secs. 173.301b; 178.71.
    (42) ISO 10297:2014(E), Gas cylinders--Cylinder valves--
Specification and type testing, Third Edition, 20014-07-15, into 
Secs. 173.301b; 178.71.
    (43) ISO 10461:2005(E), Gas cylinders--Seamless aluminum-alloy gas 
cylinders--Periodic inspection and testing, Second Edition, 2005-02-15 
and Amendment 1, 2006-07-15, into Sec. 180.207.
    (44) ISO 10462 (E), Gas cylinders--Transportable cylinders for 
dissolved acetylene--Periodic inspection and maintenance, Second 
edition, February 2005, into Sec. 180.207.
    (45) ISO 10462:2013(E), Gas cylinders--Acetylene cylinders--Periodic 
inspection and maintenance, Third edition, 2013-12-15, into 
Sec. 180.207.
    (46) ISO 10692-2:2001(E), Gas cylinders--Gas cylinder valve 
connections for use in the micro-electronics industry--Part 2: 
Specification and type testing for valve to cylinder connections, First 
Edition, 2001-08-01, into Secs. 173.40; 173.302c.
    (47) ISO 11114-1:2012(E), Gas cylinders--Compatibility of cylinder 
and valve materials with gas contents--Part 1: Metallic materials, 
Second edition, 2012-03-15, into Secs. 172.102; 173.301b; 178.71.
    (48) ISO 11114-2:2013(E), Gas cylinders--Compatibility of cylinder 
and valve materials with gas contents--Part 2: Non-metallic materials, 
Second edition, 2013-04-01, into Secs. 173.301b; 178.71.
    (49) ISO 11117:1998(E): Gas cylinders--Valve protection caps and 
valve guards for industrial and medical gas cylinders.--Design, 
construction and tests, First edition, 1998-08-01, into Sec. 173.301b.
    (50) ISO 11117:2008(E): Gas cylinders--Valve protection caps and 
valve guards--Design, construction and tests, Second edition, 2008-09-
01, into Sec. 173.301b.
    (51) ISO 11117:2008/Cor.1:2009(E): Gas cylinders--Valve protection 
caps and valve guards--Design, construction and tests, Technical 
Corrigendum 1, 2009-05-01, into Sec. 173.301b.
    (52) ISO 11118(E), Gas cylinders--Non-refillable metallic gas 
cylinders--Specification and test methods, First edition, October 1999, 
into Sec. 178.71.
    (53) ISO 11119-1(E), Gas cylinders--Gas cylinders of composite 
construction--Specification and test methods--Part 1: Hoop-wrapped 
composite gas cylinders, First edition, May 2002, into Sec. 178.71.
    (54) ISO 11119-1:2012(E), Gas cylinders--Refillable composite gas 
cylinders and tubes--Design, construction

[[Page 115]]

and testing-- Part 1: Hoop wrapped fibre reinforced composite gas 
cylinders and tubes up to 450 l, Second edition, 2012-08-01, into 
Sec. 178.71.
    (55) ISO 11119-2(E), Gas cylinders--Gas cylinders of composite 
construction--Specification and test methods--Part 2: Fully wrapped 
fibre reinforced composite gas cylinders with load-sharing metal liners, 
First edition, May 2002, into Sec. 178.71.
    (56) ISO 11119-2:2012(E), Gas cylinders--Refillable composite gas 
cylinders and tubes--Design, construction and testing--Part 2: Fully 
wrapped fibre reinforced composite gas cylinders and tubes up to 450 l 
with load-sharing metal liners, Second edition, 2012-07-15, into 
Sec. 178.71.
    (57) ISO 11119-2:2012/Amd.1:2014(E), Gas cylinders--Refillable 
composite gas cylinders and tubes--Design, construction and testing--
Part 2: Fully wrapped fibre reinforced composite gas cylinders and tubes 
up to 450 l with load-sharing metal liners, Amendment 1, 2014-08-15, 
into Sec. 178.71.
    (58) ISO 11119-3(E), Gas cylinders of composite construction--
Specification and test methods--Part 3: Fully wrapped fibre reinforced 
composite gas cylinders with non-load-sharing metallic or non-metallic 
liners, First edition, September 2002, into Sec. 178.71.
    (59) ISO 11119-3:2013(E), Gas cylinders-- Refillable composite gas 
cylinders and tubes--Design, construction and testing--Part 3: Fully 
wrapped fibre reinforced composite gas cylinders and tubes up to 450 l 
with non-load-sharing metallic or non-metallic liners, Second edition, 
2013-04-15, into Sec. 178.71.
    (60) ISO 11120(E), Gas cylinders--Refillable seamless steel tubes of 
water capacity between 150 L and 3000 L--Design, construction and 
testing, First edition, March 1999, into Secs. 178.71; 178.75.
    (61) ISO 11513:2011(E), Gas cylinders--Refillable welded steel 
cylinders containing materials for sub-atmospheric gas packaging 
(excluding acetylene)--Design, construction, testing, use and periodic 
inspection, First edition, 2011-09-12, into Secs. 173.302c; 178.71; 
180.207.
    (62) ISO 11621(E), Gas cylinders--Procedures for change of gas 
service, First edition, April 1997, into Secs. 173.302, 173.336, 
173.337.
    (63) ISO 11623(E), Transportable gas cylinders--Periodic inspection 
and testing of composite gas cylinders, First edition, March 2002, into 
Sec. 180.207.
    (64) ISO 13340:2001(E) Transportable gas cylinders--Cylinder valves 
for non-refillable cylinders--Specification and prototype testing, First 
edition, 2004-04-01, into Secs. 173.301b; 178.71.
    (65) ISO 13736:2008(E), Determination of flash point--Abel closed-
cup method, Second Edition, 2008-09-15, into Sec. 173.120.
    (66) ISO 16111:2008(E), Transportable gas storage devices--Hydrogen 
absorbed in reversible metal hydride, First Edition, 2008-11-15, into 
Secs. 173.301b; 173.311; 178.71.
    (67) ISO 18172-1:2007(E), Gas cylinders--Refillable welded stainless 
steel cylinders--Part 1: Test pressure 6 MPa and below, First Edition, 
2007-03-01, into Sec. 178.71.
    (68) ISO 20703:2006(E), Gas cylinders--Refillable welded aluminum-
alloy cylinders--Design, construction and testing, First Edition, 2006-
05-01, into Sec. 178.71.
    (x) National Board of Boiler and Pressure Vessel Inspectors, 1055 
Crupper Avenue, Columbus, Ohio 43229.
    (1) NB-23, National Board Inspection Code, A Manual for Boiler and 
Pressure Vessel Inspectors, 1992 Edition, into Sec. 180.413.
    (2) [Reserved]
    (y) National Fire Protection Association, 1 Batterymarch Park, 
Quincy, MA, 02169-7471 1-617-770-3000, http://www.nfpa.org.
    (1) NFPA 58-Liquefied Petroleum Gas Code, 2001 Edition, into 
Secs. 173.5, 173.315.
    (2) NFPA 498-Standards for Safe Havens and Interchange Lots for 
Vehicles Transporting Explosives, 2010 Edition, into Sec. 177.835.
    (z) National Institute of Standards and Technology, Department of 
Commerce, 5285 Port Royal Road, Springfield, VA 22151.
    (1) USDC, NBS Handbook H-28 (1957), 1957 Handbook of Screw-Thread 
Standards for Federal Services, December 1966 Edition, into Secs. 179.2; 
178.45; 178.46.
    (2) [Reserved]
    (aa) Organization for Economic Cooperation and Development (OECD), 
OECD Publications and Information

[[Page 116]]

Center, 2001 L Street, N.W., Suite 700, Washington, DC 20036.
    (1) Test No. 404: Acute Dermal Irritation/Corrosion, OECD Guidelines 
for the Testing of Chemicals, Section 4: Health Effects, adopted April 
24, 2002, into Sec. 173.137.
    (2) Test No. 430: In VitroSkin Corrosion: Transcutaneous Electrical 
Resistance Test (TER), OECD Guidelines for the Testing of Chemicals, 
Section 4: Health Effects, adopted April 13, 2004, into Sec. 173.137.
    (3) OECD (2004), Test No. 431: In VitroSkin Corrosion: Human Skin 
Model Test, OECD Guidelines for the Testing of Chemicals, Section 4: 
Health Effects, OECD Publishing, adopted April 13, 2004, into 
Sec. 173.137.
    (4) Test No. 435: In VitroMembrane Barrier Test Method for Skin 
Corrosion, OECD Guidelines for the Testing of Chemicals, Section 4: 
Health Effects, adopted July 19, 2006, into Sec. 173.137.
    (bb) Transport Canada, Transport Dangerous Goods. Mailstop: ASD 330 
Sparks Street, Ottawa, Ontario, Canada K1A 0N5, 416-973-1868, http://
www.tc.gc.ca.
    (1) Transportation of Dangerous Goods Regulations (Transport Canada 
TDG Regulations), into Secs. 107.801; 107.805; 171.12; 171.22; 171.23; 
172.401; 172.502; 172.519; 172.602; 173.31; 173.32; 173.33; 173.301; 
180.205; 180.211; 180.212; 180.413.
    (i) SOR 2001-286, including Clear Language Amendments, August 2001.
    (ii) SOR/2002-306 August 8, 2002.
    (iii) SOR/2003-273 July 24, 2003
    (iv) SOR/2003-400 December 3, 2003
    (v) SOR/2005-216 July 13, 2005
    (vi) SOR/2005-279 September 21, 2005
    (vii) SOR/2008-34 February 7, 2008
    (viii) SOR/2007-179 July 31, 2007
    (ix) SOR/2011-239 November 9, 2011.
    (x) SOR/2011-60 March 16, 2011.
    (xi) SOR/2011-210 October 12, 2011.
    (xii) SOR/2012-245 December 5, 2012.
    (xiii) SOR/2014-152 July 2, 2014.
    (xiv) SOR/2014-159 July 2, 2014.
    (xv) SOR/2014-159 Erratum July 16, 2014.
    (xvi) SOR/2014-152 Erratum August 27, 2014.
    (xvii) SOR/2014-306 December 31, 2014.
    (xviii) SOR/2014-306 Erratum January 28, 2015.
    (xix) SOR/2015-100 May 20, 2015.
    (2) [Reserved]
    (cc) Truck Trailer Manufacturers Association, 1020 Princess Street, 
Alexandria, Virginia 22314.
    (1) TTMA RP No. 61-98, Performance of manhole and/or Fill Opening 
Assemblies on MC 306, DOT 406, Non-ASME MC 312 and Non-ASME DOT 412 
Cargo Tanks, June 1, 1998, into Sec. 180.405.
    (2) TTMA RP No. 81-97, Performance of Spring Loaded Pressure Relief 
Valves on MC 306, MC 307, MC 312, DOT 406, DOT 407, and DOT 412 Tanks, 
July 1, 1997 Edition, into Secs. 178.345-10; 178.346-3.
    (3) TTMA TB No. 107, Procedure for Testing In-Service Unmarked and/
or Uncertified MC 306 and Non-ASME MC 312 Type Cargo Tank Manhole 
Covers, June 1, 1998 Edition, into Sec. 180.405.
    (dd) United Nations, Bookshop, GA-1B-103, New York, NY 10017, 1-212-
963-7680, https://shop.un.org or [email protected]
    (1) UN Recommendations on the Transport of Dangerous Goods, Model 
Regulations (UN Recommendations), 19th revised edition, Volumes I and II 
(2015), into Secs. 171.8; 171.12; 172.202; 172.401; 172.407; 172.502; 
173.22; 173.24; 173.24b; 173.40; 173.56; 173.192; 173.302b; 173.304b; 
178.75; 178.274.
    (2) UN Recommendations on the Transport of Dangerous Goods, Manual 
of Tests and Criteria, (Manual of Tests and Criteria), Sixth revised 
edition (2015), into Secs. 171.24, 172.102; 173.21; 173.56; 173.57; 
173.58; 173.60; 173.115; 173.124; 173.125; 173.127; 173.128; 173.137; 
173.185; 173.220; 173.221; 173.225, part 173, appendix H; 176.905; 
178.274.
    (3) UN Recommendations on the Transport of Dangerous Goods, Globally 
Harmonized System of Classification and Labelling of Chemicals (GHS), 
Sixth revised edition (2015), into Sec. 172.401.

    Table 1 to 49 CFR 171.7--Materials Not Incorporated by Reference
------------------------------------------------------------------------
        Source and name of material                49 CFR reference
------------------------------------------------------------------------
American Biological Safety Association 1202
 Allanson Road, Mundelein, IL 60060:
    Risk Group Classification for            173.134.
     Infectious Agents, 1998.

[[Page 117]]

 
American Institute of Chemical Engineers
 (AIChE), 3 Park Avenue New York, NY 10016-
 5991:
    Process Safety Progress Journal, Vol.    Note to Sec.
     21, No. 2, Example of a Test Method      173.225(h)(3)(vi).
     for Venting Sizing: OPPSD/SPI
     Methodology.
American Society for Testing and Materials,
 100 Barr Harbor Drive, West Conshohocken,
 PA 19428 (Noncurrent ASTM Standards are
 available from: Engineering Societies
 Library, 354 East 47th Street, New York,
 NY 10017):
    ASTM E 380-89 Standards for Metric       171.10
     Practice.
Association of American Railroads, American
 Railroads Building, 50 F Street, NW.,
 Washington, DC 20001:
    AAR Catalog Nos. SE60CHT; SE60CC;        179.14
     SE60CHTE; SE60CE; SE60DC; SE60DE.
    AAR Catalog Nos. SE67CC; SE67CE;         179.14
     SE67BHT; SE67BC; SE67BHTE; SE67BE.
    AAR Catalog Nos. SE68BHT; SE68BC;        179.14
     SE68BHTE; SE68BE.
    AAR Catalog Nos. SE69AHTE; SE69AE......  179.14
    AAR Catalog Nos. SF70CHT; SF70CC;        179.14
     SF70CHTE; SF70CE.
    AAR Catalog Nos. SF73AC; SF73AE;         179.14
     SF73AHT; SF73AHTE.
    AAR Catalog Nos. SF79CHT; SF79CC;        179.14
     SF79CHTE; SF79CE.
Bureau of Explosives, Hazardous Materials
 Systems (BOE), Association of American
 Railroads, American Railroads Building, 50
 F Street NW., Washington, DC 20001:
    Fetterley's Formula (The Determination   173.315
     of the Relief Dimensions for Safety
     Valves on Containers in which
     Liquefied gas is charged and when the
     exterior surface of the container is
     exposed to a temperature of 1,200 F.).
    Intermodal Loading Guide for Products    174.55; 174.101; 174.112;
     in Closed Trailers and Containers,       174.115.
     issued June 2001.
    Pamphlet 6, Illustrating Methods for     174.55; 174.101; 174.112;
     Loading and Bracing Carload and Less-    174.115; 174.290.
     Than-Carload Shipments of Explosives
     and Other Dangerous Articles, 1962.
    Pamphlet 6A (includes appendix No. 1,    174.101; 174.290
     October 1944 and appendix 2, December
     1945), Illustrating Methods for
     Loading and Bracing Carload and Less-
     Than-Carload Shipments of Loaded
     Projectiles, Loaded Bombs, etc., 1943.
    Pamphlet 6C, Illustrating Methods for    174.55; 174.63; 174.101;
     Loading and Bracing Trailers and Less-   174.112; 174.115
     Than-Trailer Shipments of Explosives
     and Other Dangerous Articles Via
     Trailer-on-Flatcar (TOFC) or Container-
     on-Flatcar (COFC), 1985.
    Emergency Handling of Hazardous          171.7
     Materials in Surface Transportation,
     1989.
Centers for Disease Control and Prevention
 1600 Clifton Road, Atlanta, GA 30333:
    Biosafety in Microbiological and         173.134
     Biomedical Laboratories, Fourth
     Edition, April 1999.
National Institutes of Health Bethesda, MD
 20892:
    NIH Guidelines for Research Involving    173.134
     Recombinant DNA Molecules (NIH
     Guidelines), January 2001, Appendix B.
Pantone Incorporated 590 Commerce
 Boulevard, Carlstadt, New Jersey 07072-
 3098:
    Pantone Formula guide coated/uncoated,  172.407, 172.519
     Second Edition 2004.
Society of Plastics Industries, Inc.,
 Organic Peroxide Producers Safety
 Division, 1275 K Street NW., Suite 400,
 Washington, DC 20005:
    Self Accelerating Decomposition          173.21
     Temperature Test, 1972.
The Sulphur Institute, 1020 19th St. NW.,
 Suite 520, Washington, DC 20036.
    Molten Sulphur Rail Tank Car Guidance    172.102
     document, November 2010.
Truck Trailer Manufacturers Association,
 1020 Princess Street, Alexandria, Virginia
 22314, telephone (703) 549-3010, http://
 www.ttmanet.org:
    TTMA RP No. 96-01, TTMA RP No. 96-01,    178.345-3
     Structural Integrity of DOT 406, DOT
     407, and DOT 412 Cylindrical Cargo
     Tanks, January 2001 Edition.
------------------------------------------------------------------------


[78 FR 1027, Jan. 7, 2013, as amended at 78 FR 15321, Mar. 11, 2013; 78 
FR 65468, Oct. 31, 2013; 79 FR 15043, Mar. 18, 2014; 79 FR 40609, July 
11, 2014; 80 FR 1114, Jan. 8, 2015; 80 FR 26746, May 8, 2015; 80 FR 
79449, Dec. 21, 2015; 81 FR 25617, Apr. 29, 2016; 81 FR 35513, June 2, 
2016; 82 FR 15833, Mar. 30, 2017]



Sec. 171.8  Definitions and abbreviations.

    In this subchapter,
    Administrator means the Administrator, Pipeline and Hazardous 
Materials Safety Administration.
    Adsorbed gas. See Sec. 173.115 of this subchapter.
    Aerosol means an article consisting of any non-refillable receptacle 
containing a gas compressed, liquefied or dissolved under pressure, the 
sole purpose of which is to expel a nonpoisonous (other than a Division 
6.1 Packing Group III material) liquid, paste, or powder and fitted with 
a self-closing release device allowing the contents to be ejected by the 
gas.
    Agricultural product means a hazardous material, other than a 
hazardous waste, whose end use directly supports the production of an 
agricultural commodity including, but not

[[Page 118]]

limited to a fertilizer, pesticide, soil amendment or fuel. An 
agricultural product is limited to a material in Class 3, 8 or 9, 
Division 2.1, 2.2, 5.1, or 6.1, or an ORM-D material.
    Aircraft battery means a battery designed in accordance with a 
recognized aircraft battery design standard (e.g. FAA technical standard 
order) that is capable of meeting all aircraft airworthiness 
requirements and operating regulations.
    Approval means a written authorization, including a competent 
authority approval, issued by the Associate Administrator, the Associate 
Administrator's designee, or as otherwise prescribed in the HMR, to 
perform a function for which prior authorization by the Associate 
Administrator is required under subchapter C of this chapter (49 CFR 
parts 171 through 180).
    Approved means approval issued or recognized by the Department 
unless otherwise specifically indicated in this subchapter.
    Asphyxiant gas means a gas which dilutes or replaces oxygen normally 
in the atmosphere.
    Associate Administrator means the Associate Administrator for 
Hazardous Materials Safety, Pipeline and Hazardous Materials Safety 
Administration.
    Atmospheric gases means air, nitrogen, oxygen, argon, krypton, neon 
and xenon.
    Authorized Inspection Agency means: (1) A jurisdiction which has 
adopted and administers one or more sections of the ASME Boiler and 
Pressure Vessel Code as a legal requirement and has a representative 
serving as a member of the ASME Conference Committee; or (2) an 
insurance company which has been licensed or registered by the 
appropriate authority of a State of the United States or a Province of 
Canada to underwrite boiler and pressure vessel insurance in such State 
or Province.
    Authorized Inspector means an Inspector who is currently 
commissioned by the National Board of Boiler and Pressure Vessel 
Inspectors and employed as an Inspector by an Authorized Inspection 
Agency.
    Bag means a flexible packaging made of paper, plastic film, 
textiles, woven material or other similar materials.
    Bar means 1 BAR = 100 kPa (14.5 psi).
    Barge means a non-selfpropelled vessel.
    Biological product. See Sec. 173.134 of this subchapter.
    Biological substances, Category B. See Sec. 173.134 of this 
subchapter.
    Bottle means an inner packaging having a neck of relatively smaller 
cross section than the body and an opening capable of holding a closure 
for retention of the contents.
    Bottom shell means that portion of a tank car tank surface, 
excluding the head ends of the tank car tank, that lies within two feet, 
measured circumferentially, of the bottom longitudinal center line of 
the tank car tank.
    Box means a packaging with complete rectangular or polygonal faces, 
made of metal, wood, plywood, reconstituted wood, fiberboard, plastic, 
or other suitable material. Holes appropriate to the size and use of the 
packaging, for purposes such as ease of handling or opening, or to meet 
classification requirements, are permitted as long as they do not 
compromise the integrity of the packaging during transportation, and are 
not otherwise prohibited in this subchapter.
    Break-bulk means packages of hazardous materials that are handled 
individually, palletized, or unitized for purposes of transportation as 
opposed to bulk and containerized freight.
    Btu means British thermal unit.
    Bulk packaging means a packaging, other than a vessel or a barge, 
including a transport vehicle or freight container, in which hazardous 
materials are loaded with no intermediate form of containment. A Large 
Packaging in which hazardous materials are loaded with an intermediate 
form of containment, such as one or more articles or inner packagings, 
is also a bulk packaging. Additionally, a bulk packaging has:
    (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

[[Page 119]]

    (3) A water capacity greater than 454 kg (1000 pounds) as a 
receptacle for a gas as defined in Sec. 173.115 of this subchapter.
    Bundle of cylinders means assemblies of UN cylinders fastened 
together and interconnected by a manifold and transported as a unit. The 
total water capacity for the bundle may not exceed 3,000 L, except that 
a bundle intended for the transport of gases in Division 2.3 is limited 
to a water capacity of 1,000 L. Not permitted for air transport.
    Bureau of Explosives means the Bureau of Explosives (B of E) of the 
Association of American Railroads.
    C means Celsius or Centigrade.
    Captain of the Port (COTP) means the officer of the Coast Guard, 
under the command of a District Commander, so designated by the 
Commandant for the purpose of giving immediate direction to Coast Guard 
law enforcement activities within an assigned area. As used in this 
subchapter, the term Captain of the Port includes an authorized 
representative of the Captain of the Port.
    Carfloat means a vessel that operates on a short run on an irregular 
basis and serves one or more points in a port area as an extension of a 
rail line or highway over water, and does not operate in ocean, 
coastwise, or ferry service.
    Cargo aircraft only means an aircraft that is used to transport 
cargo and is not engaged in carrying passengers. For purposes of this 
subchapter, the terms cargo aircraft only, cargo-only aircraft and cargo 
aircraft have the same meaning.
    Cargo tank means a bulk packaging that:
    (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, see 49 CFR 178.320, 178.337-1, or 
178.338-1, as applicable);
    (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.
    Cargo tank motor vehicle means a motor vehicle with one or more 
cargo tanks permanently attached to or forming an integral part of the 
motor vehicle.
    Cargo vessel means: (1) Any vessel other than a passenger vessel; 
and
    (2) Any ferry being operated under authority of a change of 
character certificate issued by a Coast Guard Officer-in-Charge, Marine 
Inspection.
    Carrier means a person who transports passengers or property in 
commerce by rail car, aircraft, motor vehicle, or vessel.
    CC means closed-cup.
    Character of vessel means the type of service in which the vessel is 
engaged at the time of carriage of a hazardous material.
    Class means hazard class. See hazard class.
    Class 1. See Sec. 173.50 of this subchapter.
    Class 2. See Sec. 173.115 of this subchapter.
    Class 3. See Sec. 173.120 of this subchapter.
    Class 4. See Sec. 173.124 of this subchapter.
    Class 5. See Sec. 173.128 of this subchapter.
    Class 6. See Sec. 173.132 of this subchapter.
    Class 7. See Sec. 173.403 of this subchapter.
    Class 8. See Sec. 173.136 of this subchapter.
    Class 9. See Sec. 173.140 of this subchapter.
    Closure means a device which closes an opening in a receptacle.
    COFC means container-on-flat-car.
    Combination packaging means a combination of packaging, for 
transport purposes, consisting of one or more inner packagings secured 
in a non-bulk outer packaging. It does not include a composite 
packaging.
    Combustible liquid. See Sec. 173.120 of this subchapter.
    Commerce means trade or transportation in the jurisdiction of the 
United States within a single state; between a place in a state and a 
place outside of the state; that affects trade or transportation between 
a place in a state

[[Page 120]]

and place outside of the state; or on a United States-registered 
aircraft.
    Compatibility group letter means a designated alphabetical letter 
used to categorize different types of explosive substances and articles 
for purposes of stowage and segregation. See Sec. 173.52 of this 
subchapter.
    Competent Authority means a national agency responsible under its 
national law for the control or regulation of a particular aspect of the 
transportation of hazardous materials (dangerous goods). The term 
Appropriate Authority, as used in the ICAO Technical Instructions (IBR, 
see Sec. 171.7), has the same meaning as Competent Authority. For 
purposes of this subchapter, the Associate Administrator is the 
Competent Authority for the United States.
    Composite packaging means a packaging consisting of an outer 
packaging and an inner receptacle, so constructed that the inner 
receptacle and the outer packaging form an integral packaging. Once 
assembled it remains thereafter an integrated single unit; it is filled, 
stored, shipped and emptied as such.
    Compressed gas. See Sec. 173.115 of this subchapter.
    Consignee means the person or place shown on a shipping document, 
package marking, or other media as the location to which a carrier is 
directed to transport a hazardous material.
    Consumer commodity means a material that is packaged and distributed 
in a form intended or suitable for sale through retail sales agencies or 
instrumentalities for consumption by individuals for purposes of 
personal care or household use. This term also includes drugs and 
medicines.
    Container ship means a cargo vessel designed and constructed to 
transport, within specifically designed cells, portable tanks and 
freight containers which are lifted on and off with their contents 
intact.
    Corrosive material. See Sec. 173.136 of this subchapter.
    Crate means an outer packaging with incomplete surfaces.
    Crewmember means a person assigned to perform duty in an aircraft 
during flight time.
    Cryogenic liquid. See Sec. 173.115(g) of this subchapter.
    Cultures and stocks. See Sec. 173.134 of this subchapter.
    Cylinder means a pressure vessel designed for pressures higher than 
40 psia and having a circular cross section. It does not include a 
portable tank, multi-unit tank car tank, cargo tank, or tank car.
    Dangerous when wet material. See Sec. 173.124 of this subchapter.
    Design Certifying Engineer means a person registered with the 
Department in accordance with subpart F of part 107 of this chapter who 
has the knowledge and ability to perform stress analysis of pressure 
vessels and otherwise determine whether a cargo tank design and 
construction meets the applicable DOT specification. A Design Certifying 
Engineer meets the knowledge and ability requirements of this section by 
meeting any one of the following requirements:
    (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.
    Design life, for composite cylinders and tubes, means the maximum 
life (in number of years) to which the cylinder or tube is designed and 
approved in accordance with the applicable standard.
    Designated facility means a hazardous waste treatment, storage, or 
disposal facility that has been designated on the manifest by the 
generator.
    Display pack means a package intended to be placed at retail 
locations which provide direct customer access to consumer commodities 
contained within the package when all or part of the outer fiberboard 
packaging is removed.
    District Commander means the District Commander of the Coast Guard, 
or his authorized representative, who has jurisdiction in the particular 
geographical area.
    Division means a subdivision of a hazard class.
    DOD means the U.S. Department of Defense.

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    Domestic transportation means transportation between places within 
the United States other than through a foreign country.
    DOT or Department means U.S. Department of Transportation.
    Drum means a flat-ended or convex-ended cylindrical packaging made 
of metal, fiberboard, plastic, plywood, or other suitable materials. 
This definition also includes packagings of other shapes made of metal 
or plastic (e.g., round taper-necked packagings or pail-shaped 
packagings) but does not include cylinders, jerricans, wooden barrels or 
bulk packagings.
    Electronic data interchange (EDI) means the computer-to-computer 
exchange of business data in standard formats. In EDI, information is 
organized according to a specific format (electronic transmission 
protocol) agreed upon by the sender and receiver of this information, 
and transmitted through a computer transaction that requires no human 
intervention or retyping at either end of the transmission.
    Elevated temperature material means a material which, when offered 
for transportation or transported in a bulk packaging:
    (1) Is in a liquid phase and at a temperature at or above 100  deg.C 
(212  deg.F);
    (2) Is in a liquid phase with a flash point at or above 38  deg.C 
(100  deg.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  deg.C 
(464  deg.F).
    Engine means a locomotive propelled by any form of energy and used 
by a railroad.
    EPA means U.S. Environmental Protection Agency.
    Etiologic agent. See Sec. 173.134 of this subchapter.
    EX number means a number preceded by the prefix ``EX'', assigned by 
the Associate Administrator, to an item that has been evaluated under 
the provisions of Sec. 173.56 of this subchapter.
    Explosive. See Sec. 173.50 of this subchapter.
    F means degree Fahrenheit.
    Farmer means a person engaged in the production or raising of crops, 
poultry, or livestock.
    FC number means a number preceded by the prefix ``FC'', assigned by 
a Fireworks Certification Agency to a Division 1.4G Consumer firework 
device that has been certified under the provisions of Sec. 173.65 of 
this subchapter.
    Federal hazardous material transportation law means 49 U.S.C. 5101 
et seq.
    Ferry vessel means a vessel which is limited in its use to the 
carriage of deck passengers or vehicles or both, operates on a short run 
on a frequent schedule between two points over the most direct water 
route, other than in ocean or coastwise service, and is offered as a 
public service of a type normally attributed to a bridge or tunnel.
    Filling density has the following meanings:
    (1) For compressed gases in cylinders, see Sec. 173.304a(a)(2) table 
note 1.
    (2) For compressed gases in tank cars, see Sec. 173.314(c) table 
note 1.
    (3) For compressed gases in cargo tanks and portable tanks, see 
Sec. 173.315(a) table note 1.
    (4) For cryogenic liquids in cylinders, except hydrogen, see 
Sec. 173.316(c)(1).
    (5) For hydrogen, cryogenic liquid in cylinders, see 
Sec. 173.316(c)(3) table note 1.
    (6) For cryogenic liquids in cargo tanks, see Sec. 173.318(f)(1).
    (7) For cryogenic liquids in tank cars, see Sec. 173.319(d)(1).
    Flammable gas. See Sec. 173.115 of this subchapter.
    Flammable liquid. See Sec. 173.120 of this subchapter.
    Flammable solid. See Sec. 173.124 of this subchapter.
    Flexible bulk container means a flexible container with a capacity 
not exceeding 15 cubic meters and includes liners and attached handling 
devices and service equipment.
    Flash point. See Sec. 173.120 of this subchapter.
    Freight container means a reusable container having a volume of 64 
cubic feet or more, designed and constructed to permit being lifted with 
its contents intact and intended primarily for containment of packages 
(in unit form) during transportation.
    Fuel cell means an electrochemical device that converts the energy 
of the chemical reaction between a fuel, such

[[Page 122]]

as hydrogen or hydrogen rich gases, alcohols, or hydrocarbons, and an 
oxidant, such as air or oxygen, to direct current (d.c.) power, heat, 
and other reaction products.
    Fuel cell cartridge or fuel cartridge means an article that stores 
fuel for discharge into the fuel cell through a valve(s) that controls 
the discharge of fuel into the fuel cell.
    Fuel cell system means a fuel cell with an installed fuel cell 
cartridge together with wiring, valves, and other attachments that 
connect the fuel cell or cartridge to the device it powers. The fuel 
cell or cartridge may be so constructed that it forms an integral part 
of the device or may be removed and connected manually to the device.
    Fuel tank means a tank other than a cargo tank, used to transport 
flammable or combustible liquid, or compressed gas for the purpose of 
supplying fuel for propulsion of the transport vehicle to which it is 
attached, or for the operation of other equipment on the transport 
vehicle.
    Fumigated lading. See Secs. 172.302(g) and 173.9.
    Gas means a material which has a vapor pressure greater than 300 kPa 
(43.5 psia) at 50  deg.C (122  deg.F) or is completely gaseous at 20 
deg.C (68  deg.F) at a standard pressure of 101.3 kPa (14.7 psia).
    Gross weight or Gross mass means the weight of a packaging plus the 
weight of its contents.
    Hazard class means the category of hazard assigned to a hazardous 
material under the definitional criteria of part 173 of this subchapter 
and the provisions of the Sec. 172.101 table. A material may meet the 
defining criteria for more than one hazard class but is assigned to only 
one hazard class.
    Hazard zone means one of four levels of hazard (Hazard Zones A 
through D) assigned to gases, as specified in Sec. 173.116(a) of this 
subchapter, and one of two levels of hazards (Hazard Zones A and B) 
assigned to liquids that are poisonous by inhalation, as specified in 
Sec. 173.133(a) of this subchapter. A hazard zone is based on the LC50 
value for acute inhalation toxicity of gases and vapors, as specified in 
Sec. 173.133(a).
    Hazardous material means a substance or material that the Secretary 
of Transportation has determined is capable of posing an unreasonable 
risk to health, safety, and property when transported in commerce, and 
has designated as hazardous under section 5103 of Federal hazardous 
materials transportation law (49 U.S.C. 5103). The term includes 
hazardous substances, hazardous wastes, marine pollutants, elevated 
temperature materials, materials designated as hazardous in the 
Hazardous Materials Table (see 49 CFR 172.101), and materials that meet 
the defining criteria for hazard classes and divisions in part 173 of 
this subchapter.
    Hazardous substance for the purposes of this subchapter, means a 
material, including its mixtures and solutions, that--
    (1) Is listed in the appendix A to Sec. 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 Sec. 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 
Sec. 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:

------------------------------------------------------------------------
                                                      Concentration by
                                                           weight
               RQ pounds (kilograms)               ---------------------
                                                     Percent      PPM
------------------------------------------------------------------------
5000 (2270).......................................         10    100,000
1000 (454)........................................          2     20,000
100 (45.4)........................................        0.2      2,000
10 (4.54).........................................       0.02        200
1 (0.454).........................................      0.002         20
------------------------------------------------------------------------

    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 Sec. 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).
    Hazardous waste, for the purposes of this chapter, means any 
material that is subject to the Hazardous Waste

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Manifest Requirements of the U.S. Environmental Protection Agency 
specified in 40 CFR part 262.
    Hazmat means a hazardous material.
    Hazmat employee means: (1) A person who is:
    (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.
    Hazmat employer means:
    (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.
    Hermetically sealed means closed by fusion, gasketing, crimping, or 
equivalent means so that no gas or vapor can enter or escape.
    High-hazard flammable train (HHFT) means a single train transporting 
20 or more loaded tank cars of a Class 3 flammable liquid in a 
continuous block or a single train carrying 35 or more loaded tank cars 
of a Class 3 flammable liquid throughout the train consist.
    High-hazard flammable unit train (HHFUT) means a single train 
transporting 70 or more loaded tank cars containing Class 3 flammable 
liquid.
    Household waste means any solid waste (including garbage, trash, and 
sanitary waste from septic tanks) derived from households (including 
single and multiple residences, hotels and motels, bunkhouses, ranger 
stations, crew quarters, campgrounds, picnic grounds, and day-use 
recreation areas).

[[Page 124]]

This term is not applicable to consolidated shipments of household 
hazardous materials transported from collection centers. A collection 
center is a central location where household waste is collected.
    HMR means the Hazardous Materials Regulations, parts 171 through 180 
of this chapter.
    IAEA means International Atomic Energy Agency.
    IATA means International Air Transport Association.
    ICAO means International Civil Aviation Organization.
    IMO means International Maritime Organization.
    Incorporated by reference or IBR means a publication or a portion of 
a publication that is made a part of the regulations of this subchapter. 
See Sec. 171.7.
    Infectious substance (etiologic agent). See Sec. 173.134 of this 
subchapter.
    Inner packaging means a packaging for which an outer packaging is 
required for transport. It does not include the inner receptacle of a 
composite packaging.
    Inner receptacle means a receptacle which requires an outer 
packaging in order to perform its containment function. The inner 
receptacle may be an inner packaging of a combination packaging or the 
inner receptacle of a composite packaging.
    Intermediate bulk container or IBC means a rigid or flexible 
portable packaging, other than a cylinder or portable tank, which is 
designed for mechanical handling. Standards for IBCs manufactured in the 
United States are set forth in subparts N and O of part 178 of this 
subchapter.
    Intermediate packaging means a packaging which encloses an inner 
packaging or article and is itself enclosed in an outer packaging.
    Intermodal container means a freight container designed and 
constructed to permit it to be used interchangeably in two or more modes 
of transport.
    Intermodal portable tank or IM portable tank means a specific class 
of portable tanks designed primarily for international intermodal use.
    International transportation means transportation--
    (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.
    Irritating material. See Sec. 173.132(a)(2) of this subchapter.
    Jerrican means a metal or plastic packaging of rectangular or 
polygonal cross-section.
    Large packaging means a packaging that--
    (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\3\) (see 
Sec. 178.801(i) of this subchapter); and
    (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.
    Large salvage packaging means a special packaging into which 
damaged, defective, leaking or non-conforming hazardous materials 
packages, or hazardous materials that have spilled or leaked are placed 
for the purpose of transport for recovery or disposal, that--
    (1) Is designed for mechanical handling; and
    (2) Has a net mass greater than 400 kg (882 pounds) or a capacity of 
greater than 450 L (119 gallons), but has a volume of not more than 3 
cubic meters (106 cubic feet).
    Limited quantity, when specified as such in a section applicable to 
a particular material, means the maximum amount of a hazardous material 
for which there is a specific labeling or packaging exception.
    Lighter means a mechanically operated flame-producing device 
employing an ignition device and containing a Class 3 or a Division 2.1 
material. For design, capacity, and filling density requirements for 
lighters containing a Division 2.1 material, see Sec. 173.308.

[[Page 125]]

    Lighter refill means a pressurized container that does not contain 
an ignition device but does contain a release device and is intended for 
use as a replacement cartridge in a lighter or to refill a lighter with 
a Division 2.1 flammable gas fuel. For capacity limits, see 
Sec. 173.306(h) of this subchapter.
    Liquid means a material, other than an elevated temperature 
material, with a melting point or initial melting point of 20  deg.C (68 
 deg.F) or lower at a standard pressure of 101.3 kPa (14.7 psia). A 
viscous material for which a specific melting point cannot be determined 
must be subjected to the procedures specified in ASTM D 4359 ``Standard 
Test Method for Determining Whether a Material is Liquid or Solid'' 
(IBR, see Sec. 171.7).
    Liquid phase means a material that meets the definition of liquid 
when evaluated at the higher of the temperature at which it is offered 
for transportation or at which it is transported, not at the 38  deg.C 
(100  deg.F) temperature specified in ASTM D 4359 (IBR, see Sec. 171.7).
    Lithium ion cell or battery means a rechargeable electrochemical 
cell or battery in which the positive and negative electrodes are both 
lithium compounds constructed with no metallic lithium in either 
electrode. A lithium ion polymer cell or battery that uses lithium ion 
chemistries, as described herein, is regulated as a lithium ion cell or 
battery.
    Lithium metal cell or battery means an electrochemical cell or 
battery utilizing lithium metal or lithium alloys as the anode. The 
lithium content of a lithium metal or lithium alloy cell or battery is 
measured when the cell or battery is in an undischarged state. The 
lithium content of a lithium metal or lithium alloy battery is the sum 
of the grams of lithium content contained in the component cells of the 
battery.
    Loading incidental to movement means loading by carrier personnel or 
in the presence of carrier personnel of packaged or containerized 
hazardous material onto a transport vehicle, aircraft, or vessel for the 
purpose of transporting it, including the loading, blocking and bracing 
a hazardous materials package in a freight container or transport 
vehicle, and segregating a hazardous materials package in a freight 
container or transport vehicle from incompatible cargo. For a bulk 
packaging, loading incidental to movement means filling the packaging 
with a hazardous material for the purpose of transporting it. Loading 
incidental to movement includes transloading.
    Magazine vessel means a vessel used for the receiving, storing, or 
dispensing of explosives.
    Magnetic material. See Sec. 173.21(d) of this subchapter.
    Marine pollutant, means a material which is listed in appendix B to 
Sec. 172.101 of this subchapter (also see Sec. 171.4) and, when in a 
solution or mixture of one or more marine pollutants, is packaged in a 
concentration which equals or exceeds:
    (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.
    Marking means a descriptive name, identification number, 
instructions, cautions, weight, specification, or UN marks, or 
combinations thereof, required by this subchapter on outer packagings of 
hazardous materials.
    Material of trade means a hazardous material, other than a hazardous 
waste, that is carried on a motor vehicle--
    (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.
    Material poisonous by inhalation or Material toxic by inhalation 
means:
    (1) A gas meeting the defining criteria in Sec. 173.115(c) of this 
subchapter and assigned to Hazard Zone A, B, C, or D in accordance with 
Sec. 173.116(a) of this subchapter;
    (2) A liquid (other than as a mist) meeting the defining criteria in 
Sec. 173.132(a)(1)(iii) of this subchapter and

[[Page 126]]

assigned to Hazard Zone A or B in accordance with Sec. 173.133(a) of 
this subchapter; or
    (3) Any material identified as an inhalation hazard by a special 
provision in column 7 of the Sec. 172.101 table.
    Maximum allowable working pressure or MAWP: For DOT specification 
cargo tanks used to transport liquid hazardous materials, see 
Sec. 178.320(a) of this subchapter.
    Maximum capacity means the maximum inner volume of receptacles or 
packagings.
    Maximum net mass means the allowable maximum net mass of contents in 
a single packaging, or as used in subpart M of part 178 of this 
subchapter, the maximum combined mass of inner packaging, and the 
contents thereof.
    Mechanical displacement meter prover means a mechanical device used 
in the oilfield service industry consisting of a pipe assembly that is 
used to calibrate the accuracy and performance of meters that measure 
the quantities of a product being pumped or transferred at facilities 
such as drilling locations, refineries, tank farms, and loading racks.
    Metered delivery service means a cargo tank unloading operation 
conducted at a metered flow rate of 378.5 L (100 gallons) per minute or 
less through an attached delivery hose with a nominal inside diameter of 
3.175 cm (1\1/4\ inches) or less.
    Metal hydride storage system means a single complete hydrogen 
storage system that includes a receptacle, metal hydride, pressure 
relief device, shut-off valve, service equipment and internal components 
used for the transportation of hydrogen only.
    Miscellaneous hazardous material. See Sec. 173.140 of this 
subchapter.
    Mixture means a material composed of more than one chemical compound 
or element.
    Mode means any of the following transportation methods; rail, 
highway, air, or water.
    Motor vehicle includes a vehicle, machine, tractor, trailer, or 
semitrailer, or any combination thereof, propelled or drawn by 
mechanical power and used upon the highways in the transportation of 
passengers or property. It does not include a vehicle, locomotive, or 
car operated exclusively on a rail or rails, or a trolley bus operated 
by electric power derived from a fixed overhead wire, furnishing local 
passenger transportation similar to street-railway service.
    Movement means the physical transfer of a hazardous material from 
one geographic location to another by rail car, aircraft, motor vehicle, 
or vessel.
    Multiple-element gas container or MEGC means assemblies of UN 
cylinders, tubes, or bundles of cylinders interconnected by a manifold 
and assembled within a framework. The term includes all service 
equipment and structural equipment necessary for the transport of gases.
    Name of contents means the proper shipping name as specified in 
Sec. 172.101 of this subchapter.
    Navigable waters means, for the purposes of this subchapter, waters 
of the United States, including the territorial seas.
    Neutron Radiation Detector means a device that detects neutron 
radiation. In such a device, a gas may be contained in a hermetically 
sealed electron tube transducer that converts neutron radiation into a 
measurable electric signal.
    Non-bulk packaging means a packaging which has:
    (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;
    (3) A water capacity of 454 kg (1000 pounds) or less as a receptacle 
for a gas as defined in Sec. 173.115 of this subchapter; or
    (4) Regardless of the definition of bulk packaging, a maximum net 
mass of 400 kg (882 pounds) or less for a bag or a box conforming to the 
applicable requirements for specification packagings, including the 
maximum net mass limitations, provided in subpart L of part 178 of this 
subchapter.
    Nonflammable gas. See Sec. 173.115 of this subchapter.
    N.O.S. means not otherwise specified.
    N.O.S. description means a shipping description from the 
Sec. 172.101 table which includes the abbreviation n.o.s.

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    NPT means an American Standard taper pipe thread conforming to the 
requirements of NBS Handbook H-28 (IBR, see Sec. 171.7).
    NRC (non-reusable container) means a packaging (container) whose 
reuse is restricted in accordance with the provisions of Sec. 173.28 of 
this subchapter.
    Occupied caboose means a rail car being used to transport non-
passenger personnel.
    Officer in Charge, Marine Inspection means a person from the 
civilian or military branch of the Coast Guard designated as such by the 
Commandant and who under the supervision and direction of the Coast 
Guard District Commander is in charge of a designated inspection zone 
for the performance of duties with respect to the enforcement and 
administration of title 52, Revised Statutes, acts amendatory thereof or 
supplemental thereto, rules and regulations thereunder, and the 
inspection required thereby.
    Offshore supply vessel means a cargo vessel of less than 500 gross 
tons that regularly transports goods, supplies or equipment in support 
of exploration or production of offshore mineral or energy resources.
    Open cryogenic receptacle means a transportable thermally insulated 
receptacle for refrigerated liquefied gases maintained at atmospheric 
pressure by continuous venting of the refrigerated gas.
    Operator means a person who controls the use of an aircraft, vessel, 
or vehicle.
    Organic peroxide. See Sec. 173.128 of this subchapter.
    ORM means other regulated material. See Sec. 173.144 of this 
subchapter.
    Outage or ullage means the amount by which a packaging falls short 
of being liquid full, usually expressed in percent by volume.
    Outer packaging means the outermost enclosure of a composite or 
combination packaging together with any absorbent materials, cushioning 
and any other components necessary to contain and protect inner 
receptacles or inner packagings.
    Overpack, except as provided in subpart K of part 178 of this 
subchapter, means an enclosure that is used by a single consignor to 
provide protection or convenience in handling of a package or to 
consolidate two or more packages. Overpack does not include a transport 
vehicle, freight container, or aircraft unit load device. Examples of 
overpacks are one or more packages:
    (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.
    Oxidizer. See Sec. 173.127 of this subchapter.
    Oxidizing gas means a gas which may, generally by providing oxygen, 
cause or contribute to the combustion of other material more than air 
does.
    Oxidizing gas means a gas that may, generally by providing oxygen, 
cause or contribute to the combustion of other material more than air 
does. Specifically, this means a pure gas or gas mixture with an 
oxidizing power greater than 23.5% as determined by a method specified 
in ISO 10156: or 10156-2: (IBR, see Sec. 171.7 of this subchapter) (see 
also Sec. 173.115(k)).
    Oxygen generator (chemical) means a device containing chemicals that 
upon activation release oxygen as a product of chemical reaction.
    Package or Outside Package means a packaging plus its contents. For 
radioactive materials, see Sec. 173.403 of this subchapter.
    Packaging means a receptacle and any other components or materials 
necessary for the receptacle to perform its containment function in 
conformance with the minimum packing requirements of this subchapter. 
For radioactive materials packaging, see Sec. 173.403 of this 
subchapter.
    Packing group means a grouping according to the degree of danger 
presented by hazardous materials. Packing Group I indicates great 
danger; Packing Group II, medium danger; Packing Group III, minor 
danger. See Sec. 172.101(f) of this subchapter.
    Passenger (With respect to vessels and for the purposes of part 176 
only) means a person being carried on a vessel other than:
    (1) The owner or his representative;
    (2) The operator;
    (3) A bona fide member of the crew engaged in the business of the 
vessel

[[Page 128]]

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.
    Passenger-carrying aircraft means an aircraft that carries any 
person other than a crewmember, company employee, an authorized 
representative of the United States, or a person accompanying the 
shipment.
    Passenger vessel means--
    (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.
    Person means an individual, corporation, company, association, firm, 
partnership, society, joint stock company; or a government, Indian 
Tribe, or authority of a government or Tribe, that offers a hazardous 
material for transportation in commerce, transports a hazardous material 
to support a commercial enterprise, or 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. This term does not include the United 
States Postal Service or, for purposes of 49 U.S.C. 5123 and 5124, a 
Department, agency, or instrumentality of the government.
    Person who offers or offeror means:
    (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 (e.g., reviewing shipping papers, 
examining packages to ensure that they are in conformance with this 
subchapter, or preparing shipping documentation for its own use) or when 
it transfers a hazardous material to another carrier for continued 
transportation in commerce without performing a pre-transportation 
function.
    PHMSA means the Pipeline and Hazardous Materials Safety 
Administration, U.S. Department of Transportation, Washington, DC 20590.
    Placarded car means a rail car which is placarded in accordance with 
the requirements of part 172 of this subchapter.
    Poisonous gas. See Sec. 173.115 of this subchapter.
    Poisonous materials. See Sec. 173.132 of this subchapter.
    Portable tank means a bulk packaging (except a cylinder having a 
water capacity of 1000 pounds or less) designed primarily to be loaded 
onto, or on, or temporarily attached to a transport vehicle or ship and 
equipped with skids, mountings, or accessories to facilitate handling of 
the tank by mechanical means. It does not include a cargo tank, tank 
car, multi-unit tank car tank, or trailer carrying 3AX, 3AAX, or 3T 
cylinders.
    Preferred route or Preferred highway is a highway for shipment of 
highway route controlled quantities of radioactive materials so 
designated by a State routing agency, and any Interstate System highway 
for which an alternative highway has not been designated by such State 
agency as provided by Sec. 397.103 of this title.
    Pre-transportation function means a function specified in the HMR 
that is required to assure the safe transportation of a hazardous 
material in commerce, including--
    (1) Determining the hazard class of a hazardous material.
    (2) Selecting a hazardous materials packaging.

[[Page 129]]

    (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.
    Primary hazard means the hazard class of a material as assigned in 
the Sec. 172.101 table.
    Private track or Private siding means: (i) Track located outside of 
a carrier's right-of-way, yard, or terminals where the carrier does not 
own the rails, ties, roadbed, or right-of-way, or
    (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.
    Proper shipping name means the name of the hazardous material shown 
in Roman print (not italics) in Sec. 172.101 of this subchapter.
    Psi means pounds per square inch.
    Psia means pounds per square inch absolute.
    Psig means pounds per square inch gauge.
    Public vessel means a vessel owned by and being used in the public 
service of the United States. It does not include a vessel owned by the 
United States and engaged in a trade or commercial service or a vessel 
under contract or charter to the United States.
    Pyrophoric liquid. See Sec. 173.124(b) of this subchapter.
    Radiation detection system means an apparatus that contains 
radiation detectors as components.
    Radioactive materials. See Sec. 173.403 of this subchapter for 
definitions relating to radioactive materials.
    Rail car means a car designed to carry freight or non-passenger 
personnel by rail, and includes a box car, flat car, gondola car, hopper 
car, tank car, and occupied caboose.
    Railroad means a person engaged in transportation by rail.
    Receptacle means a containment vessel for receiving and holding 
materials, including any means of closing.
    U.N. Recommendations means the U.N. Recommendations on the Transport 
of Dangerous Goods, Model Regulations (IBR, see Sec. 171.7 of this 
subchapter).
    Reconditioned packaging. See Sec. 173.28 of this subchapter.
    Registered Inspector means a person registered with the Department 
in accordance with subpart F of part 107 of this chapter who has the 
knowledge and ability to determine whether a cargo tank conforms to the 
applicable DOT specification. A Registered Inspector meets the knowledge 
and ability requirements of this section by meeting any one of the 
following requirements:
    (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

[[Page 130]]

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.
    Regulated medical waste. See Sec. 173.134 of this subchapter.
    Remanufactured packagings. See Sec. 173.28 of this subchapter.
    Reportable quantity (RQ) for the purposes of this subchapter means 
the quantity specified in column 2 of the appendix to Sec. 172.101 for 
any material identified in column 1 of the appendix.
    Research means investigation or experimentation aimed at the 
discovery of new theories or laws and the discovery and interpretation 
of facts or revision of accepted theories or laws in the light of new 
facts. Research does not include the application of existing technology 
to industrial endeavors.
    Residue means the hazardous material remaining in a packaging, 
including a tank car, after its contents have been unloaded to the 
maximum extent practicable and before the packaging is either refilled 
or cleaned of hazardous material and purged to remove any hazardous 
vapors.
    Reused packaging. See Sec. 173.28 of this subchapter.
    Reverse logistics means the process of offering for transport or 
transporting by motor vehicle goods from a retail store for return to 
its manufacturer, supplier, or distribution facility for the purpose of 
capturing value (e.g., to receive manufacturer's credit), recall, 
replacement, recycling, or similar reason. This definition does not 
include materials that meet the definition of a hazardous waste as 
defined in this section.
    SADT means self-accelerated decomposition temperature. See 
Sec. 173.21(f) of this subchapter.
    Salvage packaging means a special packaging conforming to Sec. 173.3 
of this subchapter into which damaged, defective, leaking, or non-
conforming hazardous materials packages, or hazardous materials that 
have spilled or leaked, are placed for purposes of transport for 
recovery or disposal.
    SAPT means self-accelerated polymerization temperature. See 
Sec. 173.21(f) of this subchapter. This definition will be effective 
until January 2, 2019.
    SCF (standard cubic foot) means one cubic foot of gas measured at 60 
 deg.F. and 14.7 psia.
    Secretary means the Secretary of Transportation.
    Self-defense spray means an aerosol or non-pressurized device that:
    (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 Sec. 173.140(a) of this subchapter) and, for an 
aerosol, Division 2.1 or 2.2 (see Sec. 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 Sec. 173.132(a)(2) of this 
subchapter.)
    Service life, for composite cylinders and tubes, means the number of 
years the cylinder or tube is permitted to be in service.
    Settled pressure means the pressure exerted by the contents of a UN 
pressure receptacle in thermal and diffusive equilibrium.
    Sharps. See Sec. 173.134 of this subchapter.
    Shipping paper means a shipping order, bill of lading, manifest or 
other shipping document serving a similar purpose and prepared in 
accordance with subpart C of part 172 of this chapter.
    Short circuit means a direct connection between positive and 
negative terminals of a cell or battery that provides an abnormally low 
resistance path for current flow.
    Siftproof packaging means a packaging impermeable to dry contents, 
including fine solid material produced during transportation.
    Single packaging means a non-bulk packaging other than a combination 
packaging.
    Solid means a material which is not a gas or a liquid.
    Solution means any homogeneous liquid mixture of two or more 
chemical compounds or elements that will not undergo any segregation 
under conditions normal to transportation.

[[Page 131]]

    Special permit means a document issued by the Associate 
Administrator, the Associate Administrator's designee, or as otherwise 
prescribed in the HMR, under the authority of 49 U.S.C. 5117 permitting 
a person to perform a function that is not otherwise permitted under 
subchapter A or C of this chapter, or other regulations issued under 49 
U.S.C. 5101 et seq. (e.g., Federal Motor Carrier Safety routing 
requirements).
    Spontaneously combustible material. See Sec. 173.124(b) of this 
subchapter.
    Stabilized means that the hazardous material is in a condition that 
precludes uncontrolled reaction. This may be achieved by methods such as 
adding an inhibiting chemical, degassing the hazardous material to 
remove dissolved oxygen and inerting the air space in the package, or 
maintaining the hazardous material under temperature control.
    State means a State of the United States, the District of Columbia, 
the Commonwealth of Puerto Rico, the Commonwealth of the Northern 
Mariana Islands, the Virgin Islands, American Samoa, Guam, or any other 
territory or possession of the United States designated by the 
Secretary.
    State-designated route means a preferred route selected in 
accordance with U.S. DOT ``Guidelines for Selecting Preferred Highway 
Routes for Highway Route Controlled Quantities of Radioactive 
Materials'' or an equivalent routing analysis which adequately considers 
overall risk to the public.
    Storage incidental to movement means storage of a transport vehicle, 
freight container, or package containing a hazardous material by any 
person between the time that a carrier takes physical possession of the 
hazardous material for the purpose of transporting it in commerce until 
the package containing the hazardous material is physically delivered to 
the destination indicated on a shipping document, package marking, or 
other medium, or, in the case of a private motor carrier, between the 
time that a motor vehicle driver takes physical possession of the 
hazardous material for the purpose of transporting it in commerce until 
the driver relinquishes possession of the package at its destination and 
is no longer responsible for performing functions subject to the HMR 
with respect to that particular package.
    (1) Storage incidental to movement includes--
    (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 Sec. 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.
    Stowage means the act of placing hazardous materials on board a 
vessel.
    Strong outer packaging means the outermost enclosure that provides 
protection against the unintentional release of its contents. It is a 
packaging that is sturdy, durable, and constructed so that it will 
retain its contents under normal conditions of transportation. In 
addition, a strong outer packaging must meet the general packaging 
requirements of subpart B of part 173 of this subchapter but need not 
comply with the specification packaging requirements in part 178 of the 
subchapter. For transport by aircraft, a strong outer packaging is 
subject to Sec. 173.27 of this subchapter. The terms ``strong outside 
container'' and ``strong outside packaging'' are synonymous with 
``strong outer packaging.''
    Subsidiary hazard means a hazard of a material other than the 
primary hazard. (See primary hazard).
    Table in Sec. 172.101 or Sec. 172.101 table means the Hazardous 
Materials Table in Sec. 172.101 of this subchapter.
    Technical name means a recognized chemical name or microbiological 
name currently used in scientific and technical handbooks, journals, and 
texts. Generic descriptions are authorized for use as technical names 
provided they readily identify the general

[[Page 132]]

chemical group, or microbiological group. Examples of acceptable generic 
chemical descriptions are organic phosphate compounds, petroleum 
aliphatic hydrocarbons and tertiary amines. For proficiency testing 
only, generic microbiological descriptions such as bacteria, 
mycobacteria, fungus, and viral samples may be used. Except for names 
which appear in subpart B of part 172 of this subchapter, trade names 
may not be used as technical names.
    TOFC means trailer-on-flat-car.
    Top shell means the tank car tank surface, excluding the head ends 
and bottom shell of the tank car tank.
    Toxin. See Sec. 173.134 of this subchapter.
    Trailership means a vessel, other than a carfloat, specifically 
equipped to carry motor transport vehicles and fitted with installed 
securing devices to tie down each vehicle. The term trailership includes 
Roll-on/Roll-off (RO/RO) vessels.
    Train means one or more engines coupled with one or more rail cars, 
except during switching operations or where the operation is that of 
classifying and assembling rail cars within a railroad yard for the 
purpose of making or breaking up trains.
    Train consist means a written record of the contents and location of 
each rail car in a train.
    Trainship means a vessel other than a rail car ferry or carfloat, 
specifically equipped to transport railroad vehicles, and fitted with 
installed securing devices to tie down each vehicle.
    Transloading means the transfer of a hazardous material by any 
person from one bulk packaging to another bulk packaging, from a bulk 
packaging to a non-bulk packaging, or from a non-bulk packaging to a 
bulk packaging for the purpose of continuing the movement of the 
hazardous material in commerce.
    Transport vehicle means a cargo-carrying vehicle such as an 
automobile, van, tractor, truck, semitrailer, tank car or rail car used 
for the transportation of cargo by any mode. Each cargo-carrying body 
(trailer, rail car, etc.) is a separate transport vehicle.
    Transportation or transport means the movement of property and 
loading, unloading, or storage incidental to that movement.
    UFC means Uniform Freight Classification.
    UN means United Nations.
    UN cylinder means a transportable pressure receptacle with a water 
capacity not exceeding 150 L that has been marked and certified as 
conforming to the applicable requirements in part 178 of this 
subchapter.
    UN portable tank means an intermodal tank having a capacity of more 
than 450 liters (118.9 gallons). It includes a shell fitted with service 
equipment and structural equipment, including stabilizing members 
external to the shell and skids, mountings or accessories to facilitate 
mechanical handling. A UN portable tank must be capable of being filled 
and discharged without the removal of its structural equipment and must 
be capable of being lifted when full. Cargo tanks, rail tank car tanks, 
non-metallic tanks, non-specification tanks, bulk bins, and IBCs and 
packagings made to cylinder specifications are not UN portable tanks.
    UN pressure receptacle means a UN cylinder or tube.
    UN Recommendations means the UN Recommendations on the Transport of 
Dangerous Goods (IBR, see Sec. 171.7).
    UN standard packaging means a packaging conforming to standards in 
the UN Recommendations (IBR, see Sec. 171.7).
    UN tube means a transportable pressure receptacle of seamless or 
composite construction having with a water capacity exceeding 150 L 
(39.6 gallons) but not more than 3,000 L (792.5 gallons) that has been 
marked and certified as conforming to the requirements in part 178 of 
this subchapter.
    Undeclared hazardous material means a hazardous material that is: 
(1) Subject to any of the hazard communication requirements in subparts 
C (Shipping Papers), D (Marking), E (Labeling), and F (Placarding) of 
part 172 of this subchapter, or an alternative marking requirement in 
part 173 of this subchapter (such as Secs. 173.4(a)(10) and 173.6(c)); 
and (2) offered for transportation in commerce without any visible 
indication to the person accepting the hazardous material for 
transportation

[[Page 133]]

that a hazardous material is present, on either an accompanying shipping 
document, or the outside of a transport vehicle, freight container, or 
package.
    Unintentional release means the escape of a hazardous material from 
a package on an occasion not anticipated or planned. This includes 
releases resulting from collision, package failures, human error, 
criminal activity, negligence, improper packing, or unusual conditions 
such as the operation of pressure relief devices as a result of over-
pressurization, overfill or fire exposure. It does not include releases, 
such as venting of packages, where allowed, and the operational 
discharge of contents from packages.
    Unit load device means any type of freight container, aircraft 
container, aircraft pallet with a net, or aircraft pallet with a net 
over an igloo.
    United States means a State of the United States, the District of 
Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the 
Northern Mariana Islands, the Virgin Islands, American Samoa, Guam, or 
any other territory or possession of the United States designated by the 
Secretary.
    Unloading incidental to movement means removing a packaged or 
containerized hazardous material from a transport vehicle, aircraft, or 
vessel, or for a bulk packaging, emptying a hazardous material from the 
bulk packaging after the hazardous material has been delivered to the 
consignee when performed by carrier personnel or in the presence of 
carrier personnel or, in the case of a private motor carrier, while the 
driver of the motor vehicle from which the hazardous material is being 
unloaded immediately after movement is completed is present during the 
unloading operation. (Emptying a hazardous material from a bulk 
packaging while the packaging is on board a vessel is subject to 
separate regulations as delegated by Department of Homeland Security 
Delegation No. 0170.1 at 2(103).) Unloading incidental to movement 
includes transloading.
    Vessel includes every description of watercraft, used or capable of 
being used as a means of transportation on the water.
    Viscous liquid means a liquid material which has a measured 
viscosity in excess of 2500 centistokes at 25  deg.C. (77  deg.F.) when 
determined in accordance with the procedures specified in ASTM Method D 
445-72 ``Kinematic Viscosity of Transparent and Opaque Liquids (and the 
Calculation of Dynamic Viscosity)'' or ASTM Method D 1200-70 ``Viscosity 
of Paints, Varnishes, and Lacquers by Ford Viscosity Cup.''
    Volatility refers to the relative rate of evaporation of materials 
to assume the vapor state.
    Water reactive material. See Sec. 173.124(c) of this subchapter.
    Water resistant means having a degree of resistance to permeability 
by and damage caused by water in liquid form.
    Watt-hour (Wh) means a unit of energy equivalent to one watt (1 W) 
of work acting for one hour (1 h) of time. The Watt-hour rating of a 
lithium ion cell or battery is determined by multiplying the rated 
capacity of a cell or battery in ampere-hours, by its nominal voltage. 
Therefore, Watt-hour (Wh) = ampere-hour (Ah)  x  volts (V).
    Wooden barrel means a packaging made of natural wood, of round 
cross-section, having convex walls, consisting of staves and heads and 
fitted with hoops.
    Working pressure for purposes of UN pressure receptacles, means the 
settled pressure of a compressed gas at a reference temperature of 15 
deg.C (59  deg.F).
    W.T. means watertight.

[Amdt. 171-32, 41 FR 15994, Apr. 15, 1976]

    Editorial Note: For Federal Register citations affecting Sec. 171.8, 
see the List of CFR Sections Affected, which appears in the Finding Aids 
section of the printed volume and at www.fdsys.gov.



Sec. 171.9  Rules of construction.

    (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;

[[Page 134]]

    (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.

[Amdt. 171-32, 41 FR 15996, Apr. 15, 1976, as amended by Amdt. 171-32A, 
41 FR 40630, Sept. 20, 1976; Amdt. 171-121, 58 FR 51528, Oct. 1, 1993; 
75 FR 60338, Sept. 30, 2010]



Sec. 171.10  Units of measure.

    (a) General. To ensure compatibility with international 
transportation standards, most units of measure in this subchapter are 
expressed using the International System of Units (``SI'' or metric). 
Where SI units appear, they are the regulatory standard. U.S. standard 
or customary units, which appear in parentheses following the SI units, 
are for information only and are not intended to be the regulatory 
standard.
    (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) Conversion values. (1) Conversion values are provided in the 
following table and are based on values provided in ASTM E 380, 
``Standard for Metric Practice''.
    (2) If an exact conversion is needed, the following conversion table 
should be used.

                                    Table of Conversion Factors for SI Units
----------------------------------------------------------------------------------------------------------------
            Measurement                  SI to U.S. standard                    U.S. standard to SI
----------------------------------------------------------------------------------------------------------------
Activity...........................  1 TBq = 27 Ci..............  1 Ci = 0.037 TBq
Length.............................  1 cm = 0.3937008 in........  1 in = 2.540000 cm
                                     1 m = 3.280840 ft..........  1 ft = 0.3048000 m
Thickness..........................  1 mm = 0.03937008 in.......  1 in = 25.40000 mm
Mass (weight)......................  1 kg = 2.204622 lb.........  1 lb = 0.4535924 kg
                                     1 g = 0.03527397 oz........  1 oz = 28.34952 g
Pressure...........................  1 kPa = 0.1450377 psi......  1 psi = 6.894757 kPa
                                     1 Bar = 100 kPa = 14.504     1 psi = 0.06895 Bar
                                      psi.
                                     1 kPa = 7.5 mm Hg..........
Radiation level....................  1 Sv/hr = 100 rem/hr.......  1 rem/hr = 0.01 Sv/hr
Volume (liquid)....................  1 L = 0.2641720 gal........  1 gal = 3.785412 L
                                     1 mL = 0.03381402 oz.......  1 oz = 29.57353 mL
                                     1 m\3\ = 35.31466 ft\3\....  1 ft\3\ = 0.02831685 m\3\
Density............................  1 kg/m\3\ = 0.06242797 lb/   1 lb/ft\3\ = 16.01846 kg/m\3\
                                      ft\3\.
Force..............................  1 Newton = 0.2248 Pound-     1 Pound-force = 4.483 N
                                      force.
----------------------------------------------------------------------------------------------------------------
Abbreviation for units of measure are as follows:
Unit of measure and abbreviation:
(SI): millimeter, mm; centimeter, cm; meter, m; gram, g; kilogram, kg; kiloPascal, kPa; liter, L; milliliter,
  mL; cubic meter, m\3\; Terabecquerel, TBq; Gigabecquerel, GBq; millisievert, mSv; Newton, N;
(U.S.): Inch, in; foot, ft; ounce, oz; pound, lb; psig, psi; gallon, gal; cubic feet, ft \3\; Curie, Ci;
  millicurie, mCi; millirem, mrem.


[Amdt. 171-111, 56 FR 66159, Dec. 20, 1991, as amended by Amdt. 171-136, 
60 FR 49108, Sept. 21, 1995; Amdt. 171-135, 60 FR 50302, Sept. 28, 1995; 
66 FR 33335, June 21, 2001; 66 FR 45378, Aug. 28, 2001; 68 FR 75740, 
Dec. 31, 2003]



Sec. 171.11  [Reserved]



Sec. 171.12  North American Shipments.

    (a) Requirements for the use of the Transport Canada TDG 
Regulations. (1) A hazardous material transported from Canada to the 
United States, from the United States to Canada, or transiting the 
United States to Canada or a foreign destination may be offered for 
transportation or transported by motor carrier and rail in accordance 
with the Transport Canada TDG Regulations (IBR, see Sec. 171.7) or an 
equivalency certificate (permit for equivalent level of safety) issued 
under the TDG Regulations, as authorized in Sec. 171.22, provided the 
requirements in Secs. 171.22 and 171.23, as applicable, and this section 
are met. In addition, a cylinder, MEGC, cargo tank motor vehicle, 
portable tank or rail tank car authorized by the Transport Canada TDG 
Regulations may be used for transportation to, from, or

[[Page 135]]

within the United States provided the cylinder, MEGC, cargo tank motor 
vehicle, portable tank or rail tank car conforms to the applicable 
requirements of this section. Except as otherwise provided in this 
subpart and subpart C of this part, the requirements in parts 172, 173, 
and 178 of this subchapter do not apply for a material transported in 
accordance with the Transport Canada TDG Regulations.
    (2) General packaging requirements. When the provisions of this 
subchapter require a DOT specification or UN standard packaging to be 
used for transporting a hazardous material, a packaging authorized by 
the Transport Canada TDG Regulations may be used, subject to the 
limitations of this part, and only if it is equivalent to the 
corresponding DOT specification or UN packaging (see Sec. 173.24(d)(2) 
of this subchapter) authorized by this subchapter.
    (3) Bulk packagings. A portable tank, cargo tank motor vehicle or 
rail tank car equivalent to a corresponding DOT specification and 
conforming to and authorized by the Transport Canada TDG Regulations may 
be used provided--
    (i) An equivalent type of packaging is authorized for the hazardous 
material according to the Sec. 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 Sec. 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 Sec. 172.102 of this 
subchapter; and
    (iv) The bulk packaging conforms to all applicable requirements of 
Secs. 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 Secs. 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 Sec. 171.7).
    (4) Cylinders and MEGCs. When the provisions of this subchapter 
require that a DOT specification or a UN pressure receptacle must be 
used for a hazardous material, a packaging authorized by the Transport 
Canada TDG Regulations may be used only if it corresponds to the DOT 
specification or UN standard authorized by this subchapter. Unless 
otherwise excepted in this subchapter, a cylinder (including a UN 
pressure receptacle) or MEGC may not be transported unless--
    (i) The packaging is a UN pressure receptacle or MEGC 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 Sec. 171.23. Each 
cylinder must conform to the applicable requirements in part 173 of this 
subchapter for the hazardous material involved.
    (ii) A Canadian Railway Commission (CRC), Board of Transport 
Commissioners for Canada (BTC), Canadian Transport Commission (CTC) or 
Transport Canada (TC) specification cylinder manufactured, originally 
marked, and approved in accordance with the TDG Regulations, and in full 
conformance with the TDG Regulations is authorized for transportation 
to, from or within the United States provided:
    (A) The CRC, BTC, CTC or TC specification cylinder corresponds with 
a DOT specification cylinder and the markings are the same as those 
specified in this subchapter, except that the original markings were 
``CRC'', ``BTC'', ``CTC'', or ``TC'';
    (B) The cylinder has been requalified under a program authorized by 
the TDG Regulations or subpart I of part 107 of this chapter;
    (C) When the regulations authorize a cylinder for a specific 
hazardous material with a specification marking prefix of ``DOT,'' a 
cylinder marked ``CRC'', ``BTC'', ``CTC'', or ``TC'' otherwise

[[Page 136]]

bearing the same markings required of the specified ``DOT'' cylinder may 
be used; and
    (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.).
    (iii) Authorized CRC, BTC, CTC or TC specification cylinders that 
correspond with a DOT specification cylinder are as follows:

----------------------------------------------------------------------------------------------------------------
                                          DOT (some or all of these              CTC (some or all of these
                TC                  specifications may instead be marked    specifications may instead be marked
                                            with the prefix ICC)                with the prefix BTC or CRC)
----------------------------------------------------------------------------------------------------------------
TC-3AM...........................  DOT-3A [ICC-3]                          CTC-3A
TC-3AAM..........................  DOT-3AA                                 CTC-3AA
TC-3ANM..........................  DOT-3BN                                 CTC-3BN
TC-3EM...........................  DOT-3E                                  CTC-3E
TC-3HTM..........................  DOT-3HT                                 CTC-3HT
TC-3ALM..........................  DOT-3AL                                 CTC-3AL
                                   DOT-3B                                  CTC-3B
TC-3AXM..........................  DOT-3AX                                 CTC-3AX
TC-3AAXM.........................  DOT-3AAX                                CTC-3AAX
                                   DOT-3A480X                              CTC-3A480X
TC-3TM...........................  DOT-3T
TC-4AAM33........................  DOT-4AA480                              CTC-4AA480
TC-4BM...........................  DOT-4B                                  CTC-4B
TC-4BM17ET.......................  DOT-4B240ET                             CTC-4B240ET
TC-4BAM..........................  DOT-4BA                                 CTC-4BA
TC-4BWM..........................  DOT-4BW                                 CTC-4BW
TC-4DM...........................  DOT-4D                                  CTC-4D
TC-4DAM..........................  DOT-4DA                                 CTC-4DA
TC-4DSM..........................  DOT-4DS                                 CTC-4DS
TC-4EM...........................  DOT-4E                                  CTC-4E
TC-39M...........................  DOT-39                                  CTC-39
TC-4LM...........................  DOT-4L                                  CTC-4L
                                   DOT-8                                   CTC-8
                                   DOT-8AL                                 CTC-8AL
----------------------------------------------------------------------------------------------------------------

    (5) Class 1 (explosive) materials. When transporting Class 1 
(explosive) material, rail and motor carriers must comply with 49 CFR 
1572.9 and 1572.11 to the extent the requirements apply.
    (6) Lithium metal cells and batteries. Lithium metal cells and 
batteries (UN3090) are forbidden for transport aboard passenger-carrying 
aircraft. The outside of each package that contains lithium cells or 
batteries meeting the conditions for exception in Sec. 173.185(c) of 
this subchapter and transported in accordance with the Transport Canada 
TDG Regulations must be marked in accordance with 
Sec. 173.185(c)(1)(iii) or (c)(1)(iv) as appropriate.
    (b) Shipments to or from Mexico. Unless otherwise excepted, 
hazardous materials shipments from Mexico to the United States or from 
the United States to Mexico must conform to all applicable requirements 
of this subchapter. When a hazardous material that is a material 
poisonous by inhalation (see Sec. 171.8) is transported by highway or 
rail from Mexico to the United States, or from the United States to 
Mexico, the following requirements apply:
    (1) The shipping description must include the words ``Toxic 
Inhalation Hazard'' or ``Poison-Inhalation Hazard'' or ``Inhalation 
Hazard'', as required in Sec. 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 Sec. 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 Sec. 171.7) specifications for a ``Division 2.3'' or ``Division 
6.1'' label or placard

[[Page 137]]

may be substituted for the POISON GAS or POISON INHALATION HAZARD label 
or placard required by Secs. 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 Sec. 172.313(c) of this subchapter and 
placarded as required by subpart F of this subchapter.

[Amdt. 171-111, 55 FR 52472, Dec. 21, 1990]

    Editorial Note: For Federal Register citations affecting 
Sec. 171.12, see the List of CFR Sections Affected, which appears in the 
Finding Aids section of the printed volume and at www.fdsys.gov.



Sec. 171.12a  [Reserved]



Sec. 171.14  [Reserved]



     Subpart B_Incident Reporting, Notification, BOE Approvals and 
                              Authorization



Sec. 171.15  Immediate notice of certain hazardous materials incidents.

    (a) General. As soon as practical but no later than 12 hours after 
the occurrence of any incident described in paragraph (b) of this 
section, each person in physical possession of the hazardous material 
must provide notice by telephone to the National Response Center (NRC) 
on 800-424-8802 (toll free) or 202-267-2675 (toll call) or online at 
http://www.nrc.uscg.mil. Each notice must include the following 
information:
    (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) Reportable incident. A telephone report is required whenever any 
of the following occurs during the course of transportation in commerce 
(including loading, unloading, and temporary storage):
    (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 Sec. 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 (e.g., a continuing danger 
to life exists at the scene of the incident) that, in the judgment of 
the person in possession of the hazardous material, it should be 
reported to the NRC even though it does not meet the criteria of 
paragraphs (b)(1), (2), (3) or (4) of this section; or
    (6) During transportation by aircraft, a fire, violent rupture, 
explosion or dangerous evolution of heat (i.e., an amount of heat 
sufficient to be dangerous to packaging or personal safety to include 
charring of packaging, melting of packaging, scorching of packaging, or 
other evidence) occurs as a direct result of a battery or battery-
powered device.
    (c) Written report. Each person making a report under this section 
must also make the report required by Sec. 171.16 of this subpart.

    Note to Sec. 171.15: 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

[[Page 138]]

DOT's National Response Center at (toll free) 800-424-8802 or (toll) 
202-267-2675.

[68 FR 67759, Dec. 3, 2003, as amended at 72 FR 55684, Oct. 1, 2007; 74 
FR 2233, Jan. 14, 2009; 74 FR 53186, Oct. 16, 2009; 76 FR 43525, July 
20, 2011]



Sec. 171.16  Detailed hazardous materials incident reports.

    (a) General. Each person in physical possession of a hazardous 
material at the time that any of the following incidents occurs during 
transportation (including loading, unloading, and temporary storage) 
must submit a Hazardous Materials Incident Report on DOT Form F 5800.1 
(01/2004) within 30 days of discovery of the incident:
    (1) Any of the circumstances set forth in Sec. 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 (i.e., an amount of heat sufficient to be dangerous to packaging or 
personal safety to include charring of packaging, melting of packaging, 
scorching of packaging, or other evidence) occurs as a direct result of 
a battery or battery-powered device.
    (b) Providing and retaining copies of the report. Each person 
reporting under this section must--
    (1) Submit a written Hazardous Materials Incident Report to the 
Information Systems Manager, PHH-60, Pipeline and Hazardous Materials 
Safety Administration, Department of Transportation, East Building, 1200 
New Jersey Ave., SE., Washington, DC 20590-0001, or an electronic 
Hazardous Material Incident Report to the Information System Manager, 
PHH-60, Pipeline and Hazardous Materials Safety Administration, 
Department of Transportation, Washington, DC 20590-0001 at http://
hazmat.dot.gov;
    (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) Updating the incident report. A Hazardous Materials Incident 
Report must be updated within one year of the date of occurrence of the 
incident whenever:
    (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) Exceptions. Unless a telephone report is required under the 
provisions of Sec. 171.15 of this part, the requirements of paragraphs 
(a), (b), and (c) of this section do not apply to the following 
incidents:
    (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 a hazardous material when:
    (i) The material is--

[[Page 139]]

    (A) A limited quantity material packaged under authorized exceptions 
in the Sec. 172.101 Hazardous Materials Table of this subchapter 
excluding Class 7 (radioactive) material; or
    (B) A Packing Group III material in Class or Division 3, 4, 5, 6.1, 
8, or 9;
    (ii) The material is released from a package having a capacity of 
less than 20 liters (5.2 gallons) for liquids or less than 30 kg (66 
pounds) for solids;
    (iii) The total amount of material released 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 Sec. 175.31 of this 
subchapter.)

[68 FR 67759, Dec. 3, 2003; 69 FR 30119, May 26, 2004, as amended at 70 
FR 56091, Sept. 23, 2005; 74 FR 2233, Jan. 14, 2009; 76 FR 56311, Sept. 
13, 2011; 78 FR 1112, Jan. 7, 2013]



Secs. 171.17-171.18  [Reserved]



Sec. 171.19  Approvals or authorizations issued by the Bureau
of Explosives.

    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.

[63 FR 37459, July 10, 1998]



Sec. 171.20  Submission of Examination Reports.

    (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 submit the results 
of the examination to the Associate Administrator.
    (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.

[Amdt. 171-54, 45 FR 32692, May 19, 1980, as amended by Amdt. 171-66, 47 
FR 43064, Sept. 30, 1982; Amdt. 171-109, 55 FR 39978, Oct. 1, 1990; 
Amdt. 171-111, 56 FR 66162, Dec. 20, 1991; 66 FR 45378, Aug. 28, 2001]



Sec. 171.21  Assistance in investigations and special studies.

    (a) A shipper, carrier, package owner, package manufacturer or 
certifier, repair facility, or person reporting an incident under the 
provisions of Sec. 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.

[68 FR 67760, Dec. 3, 2003]



 Subpart C_Authorization and Requirements for the Use of International 
                   Transport Standards and Regulations

    Source: 72 FR 25172, May 3, 2007, unless otherwise noted.

[[Page 140]]



Sec. 171.22  Authorization and conditions for the use of international
standards and regulations.

    (a) Authorized international standards and regulations. This subpart 
authorizes, with certain conditions and limitations, the offering for 
transportation and the transportation in commerce of hazardous materials 
in accordance with the International Civil Aviation Organization's 
Technical Instructions for the Safe Transport of Dangerous Goods by Air 
(ICAO Technical Instructions), the International Maritime Dangerous 
Goods Code (IMDG Code), Transport Canada's Transportation of Dangerous 
Goods Regulations (Transport Canada TDG Regulations), and the 
International Atomic Energy Agency Regulations for the Safe Transport of 
Radioactive Material (IAEA Regulations) (IBR, see Sec. 171.7).
    (b) Limitations on the use of international standards and 
regulations. A hazardous material that is offered for transportation or 
transported in accordance with the international standards and 
regulations authorized in paragraph (a) of this section--
    (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) Materials excepted from regulation under international standards 
and regulations. A material designated as a hazardous material under 
this subchapter, but excepted from or not subject to the international 
transport standards and regulations authorized in paragraph (a) of this 
section (e.g., paragraph 1.16 of the Transport Canada TDG Regulations 
excepts from regulation quantities of hazardous materials less than or 
equal to 500 kg gross transported by rail) must be transported in 
accordance with all applicable requirements of this subchapter.
    (d) Materials not regulated under this subchapter. Materials not 
designated as hazardous materials under this subchapter but regulated by 
an international transport standard or regulation authorized in 
paragraph (a) of this section may be offered for transportation and 
transported in the United States in full compliance (i.e., packaged, 
marked, labeled, classed, described, stowed, segregated, secured) with 
the applicable international transport standard or regulation.
    (e) Forbidden materials. No person may offer for transportation or 
transport a hazardous material that is a forbidden material or package 
as designated in--
    (1) Section 173.21 of this subchapter;
    (2) Column (3) of the Sec. 172.101 Table of this subchapter;
    (3) Column (9A) of the Sec. 172.101 Table of this subchapter when 
offered for transportation or transported on passenger aircraft or 
passenger railcar; or
    (4) Column (9B) of the Sec. 172.101 Table of this subchapter when 
offered for transportation or transported by cargo aircraft.
    (f) Complete information and certification. (1) Except for shipments 
into the United States from Canada conforming to Sec. 171.12, each 
person importing a hazardous material into the United States must 
provide the shipper, and the forwarding agent at the place of entry into 
the United States, timely and complete written information as to the 
requirements of this subchapter applicable to the particular shipment.
    (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 Sec. 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 Secs. 174.24, 175.30, 176.24 and

[[Page 141]]

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 
Sec. 172.201(e) of this subchapter.
    (g) Additional requirements for the use of international standards 
and regulations. All shipments offered for transportation or transported 
in the United States in accordance with this subpart must conform to the 
following requirements of this subchapter, as applicable:
    (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 Secs. 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 
Secs. 173.24 and 173.24a of this subchapter;
    (6) For export shipments, the requirements for the reuse, 
reconditioning, and remanufacture of packagings in Sec. 173.28 of this 
subchapter; and
    (7) The registration requirements in subpart G of part 107 of this 
chapter.

[72 FR 25172, May 3, 2007, as amended at 72 FR 55091 Sept. 28, 2007; 74 
FR 53186, Oct. 16, 2009; 76 FR 56311, Sept. 13, 2011; 80 FR 72920, Nov. 
23, 2015; 81 FR 35513, June 2, 2016]



Sec. 171.23  Requirements for specific materials and packagings
transported under the ICAO Technical Instructions, IMDG Code, 
Transport Canada TDG Regulations, or the IAEA Regulations.

    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 
Sec. 171.7) must conform to the requirements of this section, as 
applicable.
    (a) Conditions and requirements for cylinders. (1) Except as 
provided in this paragraph (a), a filled cylinder (pressure receptacle) 
manufactured to other than a DOT specification or a UN standard in 
accordance with part 178 of this subchapter, a DOT exemption or special 
permit cylinder, a TC, CTC, CRC, or BTC cylinder authorized under 
Sec. 171.12, or a cylinder used as a fire extinguisher in conformance 
with Sec. 173.309(a) of this subchapter, may not be transported to, 
from, or within the United States.
    (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, or a TC, CTC, CRC, or BTC specification set out in the 
Transport Canada TDG Regulations (IBR, see Sec. 171.7), except that 
cylinders not conforming to these requirements must meet the 
requirements in paragraph (a)(3), (4), or (5) of this section;
    (ii) The cylinder is equipped with a pressure relief device in 
accordance with Sec. 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

[[Page 142]]

approval in conformance with Secs. 178.69 and 178.70 of this subchapter, 
or ``CAN'' for Canada.
    (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, or a TC, CTC, 
BTC, or CRC specification cylinder set out in the Transport Canada TDG 
Regulations (IBR, see Sec. 171.7), 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, TC, CTC, BTC, or CRC 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, or 
other than a TC, CTC, BTC, or CRC specification, 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 device 
for each cylinder conform to the requirements of this part for the gas 
involved; and
    (iii) The bill of lading or other shipping paper identifies the 
cylinder and includes the following certification: ``This cylinder has 
(These cylinders have) been qualified, as required, and filled in 
accordance with the DOT requirements for export.''
    (5) Cylinders not equipped with pressure relief devices. A DOT 
specification or a UN cylinder manufactured, inspected, tested and 
marked in accordance with part 178 of this subchapter and otherwise 
conforms to the requirements of part 173 of this subchapter for the gas 
involved, except that the cylinder is not equipped with a pressure 
relief device may be filled with a gas and offered for transportation 
and transported for export if the following conditions are met:
    (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) Conditions and requirements specific to certain materials--(1) 
Aerosols. Except for a limited quantity of a compressed gas in a 
container of not more than 4 fluid ounces capacity meeting the 
requirements in Sec. 173.306(a)(1) of this subchapter, the proper 
shipping name ``Aerosol,'' UN1950, may be used only for a non-refillable 
receptacle containing a gas compressed, liquefied, or dissolved under 
pressure the sole purpose of which is to expel a nonpoisonous (other 
than Division 6.1, Packing Group III material) liquid, paste, or powder 
and fitted with a self-closing release device (see Sec. 171.8). In 
addition, an aerosol must be in a metal packaging when the packaging 
exceeds 7.22 cubic inches.
    (2) Safety devices for vehicles, vessels or aircraft, e.g. air bag 
inflators, air bag modules, seat-belt pretensioners, and pyromechanical 
devices. For each safety device, the shipping paper description

[[Page 143]]

must conform to the requirements in Sec. 173.166(c) of this subchapter.
    (3) Chemical oxygen generators. Chemical oxygen generators must be 
approved, classed, described, packaged, and transported in accordance 
with the requirements of this subchapter.
    (4) Class 1 (explosive) materials. Prior to being transported, Class 
1 (explosive) materials must be approved by the Associate Administrator 
in accordance with Sec. 173.56 of this subchapter. Each package 
containing a Class 1 (explosive) material must conform to the marking 
requirements in Sec. 172.320 of this subchapter.
    (5) Hazardous substances. A material meeting the definition of a 
hazardous substance as defined in Sec. 171.8, must conform to the 
shipping paper requirements in Sec. 172.203(c) of this subchapter and 
the marking requirements in Sec. 172.324 of this subchapter:
    (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) Hazardous wastes. A material meeting the definition of a 
hazardous waste (see Sec. 171.8) must conform to the following:
    (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 Sec. 172.205(e)(5)); and
    (iii) A hazardous waste manifest must be completed in accordance 
with Sec. 172.205 of this subchapter.
    (7) Marine pollutants. Except for marine pollutants (see Sec. 171.8) 
transported in accordance with the IMDG Code, marine pollutants 
transported in bulk packages must meet the shipping paper requirements 
in Sec. 172.203(l) of this subchapter and the package marking 
requirements in Sec. 172.322 of this subchapter.
    (8) Organic peroxides. Organic peroxides not identified by technical 
name in the Organic Peroxide Table in Sec. 173.225(c) of this subchapter 
must be approved by the Associate Administrator in accordance with 
Sec. 173.128(d) of this subchapter.
    (9) [Reserved]
    (10) Poisonous by inhalation materials. A material poisonous by 
inhalation (see Sec. 171.8) must conform to the following requirements:
    (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 Sec. 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

[[Page 144]]

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 in the manner specified in Sec. 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 in 
the manner specified in Sec. 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 TDG 
Regulations in addition to being placarded with the POISON GAS or POISON 
INHALATION HAZARD placards.
    (11) Class 7 (radioactive) materials. (i) Highway route controlled 
quantities (see Sec. 173.403 of this subchapter) must be shipped in 
accordance with Secs. 172.203(d)(4) and (d)(10); 172.507, and 173.22(c) 
of this subchapter;
    (ii) For fissile materials and Type B, Type B(U), and Type B(M) 
packagings, the competent authority certification and any necessary 
revalidation must be obtained from the appropriate competent authorities 
as specified in Secs. 173.471, 173.472, and 173.473 of this subchapter, 
and all requirements of the certificates and revalidations must be met;
    (iii) Type A package contents are limited in accordance with 
Sec. 173.431 of this subchapter;
    (iv) The country of origin for the shipment must have adopted the 
edition of SSR-6 of the IAEA Regulations referenced in Sec. 171.7.
    (v) The shipment must conform to the requirements of Sec. 173.448, 
when applicable;
    (vi) The definition for ``radioactive material'' in Sec. 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 Sec. 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 Sec. 173.421, Sec. 173.424, or Sec. 173.426 of 
this subchapter, as appropriate.
    (ix) Packages containing fissile materials must conform to the 
requirements of Sec. 173.453 to be otherwise excepted from the 
requirements of subpart I of part 173 for fissile materials.
    (12) Self-reactive materials. Self-reactive materials not identified 
by technical name in the Self-reactive Materials Table in 
Sec. 173.224(b) of this subchapter must be approved by the Associate 
Administrator in accordance with Sec. 173.124(a)(2)(iii) of this 
subchapter.

[72 FR 25172, May 3, 2007, as amended at 72 FR 55684, Oct. 1, 2007; 73 
FR 57004, Oct. 1, 2008; 76 FR 3345, Jan. 19, 2011; 76 FR 56311, Sept. 
13, 2011; 78 FR 60751, Oct. 2, 2013; 78 FR 65468, Oct. 31, 2013; 80 FR 
1116, Jan. 8, 2015; 80 FR 72920, Nov. 23, 2015; 81 FR 35513, June 2, 
2016; 82 FR 15837, Mar. 30, 2017]



Sec. 171.24  Additional requirements for the use of the ICAO 
Technical Instructions.

    (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 Sec. 171.7), 
as authorized in paragraph (a) of Sec. 171.22, must conform to the 
requirements in Sec. 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:

[[Page 145]]

    (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) Highway transportation. For transportation by highway prior to 
or after transportation by aircraft, a shipment must conform to the 
applicable requirements of part 177 of this subchapter, and the motor 
vehicle must be placarded in accordance with subpart F of part 172 of 
this subchapter.
    (d) Conditions and requirements specific to certain materials. 
Hazardous materials offered for transportation or transported in 
accordance with the ICAO Technical Instructions must conform to the 
following specific conditions and requirements, as applicable:
    (1) Batteries--(i) Nonspillable wet electric storage batteries. 
Nonspillable wet electric storage batteries are not subject to the 
requirements of this subchapter provided--
    (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) Lithium metal cells and batteries. Lithium metal cells and 
batteries (UN3090) are forbidden for transport aboard passenger-carrying 
aircraft. The outside of each package that contains lithium metal cells 
or lithium metal batteries (UN3090) transported in accordance with 
Packing Instruction 968, Section II must be marked ``PRIMARY LITHIUM 
BATTERIES--FORBIDDEN FOR TRANSPORT ABOARD PASSENGER AIRCRAFT'' or 
``LITHIUM METAL BATTERIES--FORBIDDEN FOR TRANSPORT ABOARD PASSENGER 
AIRCRAFT'', or labeled with a CARGO AIRCRAFT ONLY label specified in 
Sec. 172.448 of this subchapter.
    (iii) Low production runs or prototypes lithium cells or batteries. 
Production runs consisting of not more than 100 lithium cells or 
batteries per year, or prototype lithium cells or batteries (including 
cells or batteries packed with, or contained in, equipment or motor 
vehicles) not of a type proven to meet the requirements of section 38.3 
of the UN Manual of Tests and Criteria (IBR, see Sec. 171.7 of this 
subchapter), must be approved by the Associate Administrator prior to 
transportation aboard aircraft.
    (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.

[72 FR 25172, May 3, 2007, as amended at 72 FR 44847, Aug. 9, 2007; 72 
FR 55097, Sept. 28, 2007; 79 FR 46034, Aug. 6, 2014; 80 FR 1116, Jan. 8, 
2015; 80 FR 72920, Nov. 23, 2015]



Sec. 171.25  Additional requirements for the use of the IMDG Code.

    (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 Sec. 171.7), 
as authorized in Sec. 171.22, provided all or part of the movement is by 
vessel. Such shipments must conform to the requirements in Sec. 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

[[Page 146]]

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) The outside of each package containing lithium metal cells or 
batteries (UN3090) 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'', or labeled with a 
CARGO AIRCRAFT ONLY label specified in Sec. 172.448 of this subchapter. 
The provisions of this paragraph do not apply to packages that contain 5 
kg (11 pounds) net weight or less of lithium metal cells or batteries 
that are packed with, or contained in, equipment.
    (4) Material consigned under UN3166 and UN3171 (e.g., Engines, 
internal combustion, etc., Vehicles, etc. and Battery-powered equipment) 
may be prepared in accordance with the IMDG Code or this subchapter.
    (c) Conditions and requirements for bulk packagings. Except for IBCs 
and UN portable tanks used for the transportation of liquids or solids, 
bulk packagings must conform to the requirements of this subchapter. 
Additionally, the following requirements apply:
    (1) UN portable tanks must conform to the requirements in Special 
Provisions TP37, TP38, TP44 and TP45 when applicable, and any applicable 
bulk special provisions assigned to the hazardous material in the 
Hazardous Materials Table in Sec. 172.101 of this subchapter;
    (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  deg.F (38  deg.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 Sec. 177.834(o) of this subchapter.
    (d) Use of IMDG Code in port areas. (1) Except for Division 1.1, 
1.2, and Class 7 materials, a hazardous material being imported into or 
exported from the United States or passing through the United States in 
the course of being shipped between locations outside the United States 
may be offered and accepted for transportation and transported by motor 
vehicle within a single port area, including contiguous harbors, when 
packaged, marked, classed, labeled, stowed and segregated in accordance 
with the IMDG Code, offered and accepted in accordance with the 
requirements of subparts C and F of part 172 of this subchapter 
pertaining to shipping papers and placarding, and otherwise conforms to 
the applicable requirements of part 176 of this subchapter.
    (2) The requirement in Sec. 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.

[72 FR 25172, May 3, 2007, as amended at 72 FR 44847, Aug. 9, 2007; 73 
FR 57004, Oct. 1, 2008; 74 FR 2233, Jan. 14, 2009; 76 FR 3345, Jan. 19, 
2011; 79 FR 46034, Aug. 6, 2014; 80 FR 1116, Jan. 8, 2015]

[[Page 147]]



Sec. 171.26  Additional requirements for the use of the IAEA 
Regulations.

    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 Sec. 171.7) as authorized in paragraph (a) of 
Sec. 171.22, provided the requirements in Sec. 171.22, as applicable, 
are met.



PART 172_HAZARDOUS MATERIALS TABLE, SPECIAL PROVISIONS, HAZARDOUS
MATERIALS COMMUNICATIONS, EMERGENCY RESPONSE INFORMATION, TRAINING
REQUIREMENTS, AND SECURITY PLANS--Table of Contents



                            Subpart A_General

Sec.
172.1  Purpose and scope.
172.3  Applicability.

      Subpart B_Table of Hazardous Materials and Special Provisions

172.101  Purpose and use of hazardous materials table.
172.102  Special provisions.

                        Subpart C_Shipping Papers

172.200  Applicability.
172.201  Preparation and retention of shipping papers.
172.202  Description of hazardous material on shipping papers.
172.203  Additional description requirements.
172.204  Shipper's certification.
172.205  Hazardous waste manifest.

                            Subpart D_Marking

172.300  Applicability.
172.301  General marking requirements for non-bulk packagings.
172.302  General marking requirements for bulk packagings.
172.303  Prohibited marking.
172.304  Marking requirements.
172.306  [Reserved]
172.308  Authorized abbreviations.
172.310  Class 7 (radioactive) materials.
172.312  Liquid hazardous materials in non-bulk packagings.
172.313  Poisonous hazardous materials.
172.315  Limited quantities.
172.316  Packagings containing materials classed as ORM-D.
172.317  KEEP AWAY FROM HEAT handling mark.
172.320  Explosive hazardous materials.
172.322  Marine pollutants.
172.323  Infectious substances.
172.324  Hazardous substances in non-bulk packagings.
172.325  Elevated temperature materials.
172.326  Portable tanks.
172.327  Petroleum sour crude oil in bulk packaging.
172.328  Cargo tanks.
172.330  Tank cars and multi-unit tank car tanks.
172.331  Bulk packagings other than portable tanks, cargo tanks, tank 
          cars and multi-unit tank car tanks.
172.332  Identification number markings.
172.334  Identification numbers; prohibited display.
172.336  Identification numbers; special provisions.
172.338  Replacement of identification numbers.

                           Subpart E_Labeling

172.400  General labeling requirements.
172.400a  Exceptions from labeling.
172.401  Prohibited labeling.
172.402  Additional labeling requirements.
172.403  Class 7 (radioactive) material.
172.404  Labels for mixed and consolidated packaging.
172.405  Authorized label modifications.
172.406  Placement of labels.
172.407  Label specifications.
172.411  EXPLOSIVE 1.1, 1.2, 1.3, 1.4, 1.5 and 1.6 labels, and EXPLOSIVE 
          Subsidiary label.
172.415  NON-FLAMMABLE GAS label.
172.416  POISON GAS label.
172.417  FLAMMABLE GAS label.
172.419  FLAMMABLE LIQUID label.
172.420  FLAMMABLE SOLID label.
172.422  SPONTANEOUSLY COMBUSTIBLE label.
172.423  DANGEROUS WHEN WET label.
172.426  OXIDIZER label.
172.427  ORGANIC PEROXIDE label.
172.429  POISON INHALATION HAZARD label.
172.430  POISON label.
172.431  [Reserved]
172.432  INFECTIOUS SUBSTANCE label.
172.436  RADIOACTIVE WHITE-I label.
172.438  RADIOACTIVE YELLOW-II label.
172.440  RADIOACTIVE YELLOW-III label.
172.441  FISSILE label.
172.442  CORROSIVE label.
172.444  [Reserved]
172.446  CLASS 9 label.
172.447  LITHIUM BATTERY label.
172.448  CARGO AIRCRAFT ONLY label.
172.450  EMPTY label.

[[Page 148]]

                          Subpart F_Placarding

172.500  Applicability of placarding requirements.
172.502  Prohibited and permissive placarding.
172.503  Identification number display on placards.
172.504  General placarding requirements.
172.505  Placarding for subsidiary hazards.
172.506  Providing and affixing placards: Highway.
172.507  Special placarding provisions: Highway.
172.508  Placarding and affixing placarding: Rail.
172.510  Special placarding provisions: Rail.
172.512  Freight containers and aircraft unit load devices.
172.514  Bulk packagings.
172.516  Visibility and display of placards.
172.519  General specifications for placards.
172.521  DANGEROUS placard.
172.522  EXPLOSIVES 1.1, EXPLOSIVES 1.2 and EXPLOSIVES 1.3 placards.
172.523  EXPLOSIVES 1.4 placard.
172.524  EXPLOSIVES 1.5 placard.
172.525  EXPLOSIVES 1.6 placard.
172.526  [Reserved]
172.527  Background requirements for certain placards.
172.528  NON-FLAMMABLE GAS placard.
172.530  OXYGEN placard.
172.532  FLAMMABLE GAS placard.
172.536  [Reserved]
172.540  POISON GAS placard.
172.542  FLAMMABLE placard.
172.544  COMBUSTIBLE placard.
172.546  FLAMMABLE SOLID placard.
172.547  SPONTANEOUSLY COMBUSTIBLE placard.
172.548  DANGEROUS WHEN WET placard.
172.550  OXIDIZER placard.
172.552  ORGANIC PEROXIDE placard.
172.553  [Reserved]
172.554  POISON placard.
172.555  POISON INHALATION HAZARD placard.
172.556  RADIOACTIVE placard.
172.558  CORROSIVE placard.
172.560  CLASS 9 placard.

                Subpart G_Emergency Response Information

172.600  Applicability and general requirements.
172.602  Emergency response information.
172.604  Emergency response telephone number.
172.606  Carrier information contact.

                           Subpart H_Training

172.700  Purpose and scope.
172.701  Federal-State relationship.
172.702  Applicability and responsibility for training and testing.
172.704  Training requirements.

                   Subpart I_Safety and Security Plans

172.800  Purpose and applicability.
172.802  Components of a security plan.
172.804  Relationship to other Federal requirements.
172.820  Additional planning requirements for transportation by rail.
172.822  Limitation on actions by states, local governments, and Indian 
          tribes.

Appendix A to Part 172--Office of Hazardous Materials Transportation 
          Color Tolerance Charts and Tables
Appendix B to Part 172--Trefoil Symbol
Appendix C to Part 172--Dimensional Specifications for Recommended 
          Placard Holder
Appendix D to Part 172--Rail Risk Analysis Factors

    Authority: 49 U.S.C. 5101-5128, 44701; 49 CFR 1.81, 1.96 and 1.97.

    Source: Amdt. 172-29, 41 FR 15996, Apr. 15, 1976, unless otherwise 
noted.



                            Subpart A_General



Sec. 172.1  Purpose and scope.

    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.

[Amdt. 172-29, 41 FR 15997, Apr. 15, 1976, as amended by 66 FR 45379, 
Aug. 28, 2001]



Sec. 172.3  Applicability.

    (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.

[Amdt. 172-29, 41 FR 15996, Apr. 15, 1976, as amended by Amdt. 172-32, 
41 FR 38179, Sept. 9, 1976]

[[Page 149]]



      Subpart B_Table of Hazardous Materials and Special Provisions



Sec. 172.101  Purpose and use of hazardous materials table.

    (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) Column 1: Symbols. Column 1 of the Table contains six symbols 
(`` + '', ``A'', ``D'', ``G'', ``I'' and ``W'') as follows:
    (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 Sec. 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 ``A'' 
may be used to describe a material for other modes of transportation 
provided all applicable requirements for the entry are met.
    (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 
Sec. 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) Column 2: Hazardous materials descriptions and proper shipping 
names. Column 2 lists the hazardous materials descriptions and proper 
shipping names of materials designated as hazardous materials. 
Modification of a proper shipping name may otherwise be required or 
authorized by this section. Proper shipping names are limited to those 
shown in Roman type (not italics).
    (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

[[Page 150]]

``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, see Ethanol).
    (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 with not less than 20 percent but not more than 40 percent 
hydrogen peroxide'' or ``Hydrogen peroxide, aqueous solution with 30 
percent hydrogen peroxide.'' Also, the percent sign (%) may be used in 
place of the word ``percent'' when words in italics containing the word 
``percent'' are used in addition to the proper shipping name.
    (7) Use of the prefix ``mono'' is optional in any shipping name, 
when appropriate. Thus, Iodine monochloride may be used interchangeably 
with Iodine chloride. In ``Glycerol alpha-monochlorohydrin'' the term 
``mono'' is considered a prefix to the term ``chlorohydrin'' and may be 
deleted.
    (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) Hazardous wastes. If the word ``waste'' is not included in the 
hazardous material description in Column 2 of the Table, the proper 
shipping name for a hazardous waste (as defined in Sec. 171.8 of this 
subchapter), shall include the word ``Waste'' preceding the proper 
shipping name of the material. For example: Waste acetone.
    (10) Mixtures and solutions. (i) A mixture or solution meeting the 
definition of one or more hazard class that is not identified 
specifically by name, comprised of a single predominant hazardous 
material identified in the Table by technical name and one or more 
hazardous and/or non-hazardous material, must be described using the 
proper shipping name of the hazardous material and the qualifying word 
``mixture'' or ``solution'', as appropriate, unless--
    (A) Except as provided in Sec. 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 Sec. 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

[[Page 151]]

    (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 in paragraphs (c)(10)(i)(A) 
through (F) of this section is satisfied then the proper shipping name 
selection process in (c)(12)(ii) must be used.
    (iii) A mixture or solution meeting the definition of one or more 
hazard class that is not identified in the Table specifically by name, 
comprised of two or more hazardous materials in the same hazard class, 
must 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 Sec. 173.21, 
Sec. 173.54, Sec. 173.56(d), Sec. 173.56(e), Sec. 173.224(c) or 
Sec. 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 Sec. 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, for a sample of a material other than a waste, the following 
must be met:
    (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 Sec. 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.

    Note to paragraph (c)(11): For the transportation of samples of 
self-reactive materials, organic peroxides, explosives or lighters, see 
Sec. 173.224(c)(3), Sec. 173.225(c)(2), Sec. 173.56(d) or 
Sec. 173.308(b)(2) of this subchapter, respectively.

    (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) Generic or n.o.s. descriptions. If an appropriate technical 
name is not shown in the Table, selection of a proper shipping name 
shall be made from the generic or n.o.s. descriptions corresponding to 
the specific hazard class, packing group, hazard zone, or subsidiary 
hazard, if any, for the material. 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

[[Page 152]]

according to their application, such as ``Coating solution'' or 
``Extracts, flavoring, liquid'', rather than by an n.o.s. entry, such as 
``Flammable liquid, n.o.s.'' It should be noted, however, that an n.o.s. 
description as a proper shipping name may not provide sufficient 
information for shipping papers and package markings. Under the 
provisions of subparts C and D of this part, the technical name of one 
or more constituents which makes the product a hazardous material may be 
required in association with the proper shipping name.
    (iii) Multiple hazard materials. If a material meets the definition 
of more than one hazard class, and is not identified in the Table 
specifically by name (e.g., acetyl chloride), the hazard class of the 
material shall be determined by using the precedence specified in 
Sec. 173.2a of this subchapter, and an appropriate shipping description 
(e.g., ``Flammable liquid, corrosive n.o.s.'') shall be selected as 
described in paragraph (c)(12)(ii) of this section.
    (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) Self-reactive materials and organic peroxides. A generic proper 
shipping name for a self-reactive material or an organic peroxide, as 
listed in Column 2 of the Table, must be selected based on the 
material's technical name and concentration, in accordance with the 
provisions of Sec. 173.224 or Sec. 173.225 of this subchapter, 
respectively.
    (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 Sec. 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 Sec. 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 Sec. 171.8 of this subchapter, is 
offered for transportation in the molten state (for example, 
``Alkylphenols, solid, n.o.s., molten'').
    (d) Column 3: Hazard class or Division. Column 3 contains a 
designation of the hazard class or division corresponding to each proper 
shipping name, or the word ``Forbidden''.
    (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 Sec. 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 Sec. 173.150(e) or (f) of this subchapter or has a flash point 
above 60  deg.C (140  deg.F) but below 93  deg.C (200  deg.F).
    (e) Column 4: Identification number. Column 4 lists the 
identification number assigned to each proper shipping name. Those 
preceded by the letters ``UN'' are associated with proper shipping names 
considered appropriate for

[[Page 153]]

international transportation as well as domestic transportation. Those 
preceded by the letters ``NA'' are associated with proper shipping names 
not recognized for international transportation, except to and from 
Canada. Identification numbers in the ``NA9000'' series are associated 
with proper shipping names not appropriately covered by international 
hazardous materials (dangerous goods) transportation standards, or not 
appropriately addressed by international transportation standards for 
emergency response information purposes, except for transportation 
between the United States and Canada. Those preceded by the letters 
``ID'' are associated with proper shipping names recognized by the ICAO 
Technical Instructions (IBR, see Sec. 171.7 of this subchapter).
    (f) Column 5: Packing group. Column 5 specifies one or more packing 
groups assigned to a material corresponding to the proper shipping name 
and hazard class for that material. Class 2, Class 7, Division 6.2 
(other than regulated medical wastes), and ORM-D materials, do not have 
packing groups. Articles in other than Class 1 are not assigned to 
packing groups. For packing purposes, any requirement for a specific 
packaging performance level is set out in the applicable packing 
authorizations of part 173. Packing Groups I, II and III indicate the 
degree of danger presented by the material is great, medium or minor, 
respectively. If more than one packing group is indicated for an entry, 
the packing group for the hazardous material is determined using the 
criteria for assignment of packing groups specified in subpart D of part 
173. When a reevaluation of test data or new data indicates a need to 
modify the specified packing group(s), the data should be submitted to 
the Associate Administrator. 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 read ``III'' on those occasions when the 
material is offered for transportation or transported by a mode in which 
its transportation is not otherwise subject to requirements of this 
subchapter.
    (g) Column 6: Labels. Column 6 specifies codes which represent the 
hazard warning labels required for a package filled with a material 
conforming to the associated hazard class and proper shipping name, 
unless the package is otherwise excepted from labeling by a provision in 
subpart E of this part, or part 173 of this subchapter. The first code 
is indicative of the primary hazard of the material. Additional label 
codes are indicative of subsidiary hazards. Provisions in Sec. 172.402 
may require that a label other than that specified in Column 6 be 
affixed to the package in addition to that specified in Column 6. No 
label is required for a material classed as a combustible liquid or for 
a Class 3 material that is reclassed as a combustible liquid. For 
``Empty'' label requirements, see Sec. 173.428 of this subchapter. The 
codes contained in Column 6 are defined according to the following 
table:

                        Label Substitution Table
------------------------------------------------------------------------
                Label code                           Label name
------------------------------------------------------------------------
1.........................................  Explosive
1.1 \1\...................................  Explosive 1.1\1\
1.2 \1\...................................  Explosive 1.2\1\
1.3 \1\...................................  Explosive 1.3\1\
1.4 \1\...................................  Explosive 1.4\1\
1.5 \1\...................................  Explosive 1.5\1\
1.6 \1\...................................  Explosive 1.6\1\
2.1.......................................  Flammable Gas
2.2.......................................  Non-Flammable Gas
2.3.......................................  Poison Gas
3.........................................  Flammable Liquid
4.1.......................................  Flammable Solid
4.2.......................................  Spontaneously Combustible
4.3.......................................  Dangerous When Wet
5.1.......................................  Oxidizer
5.2.......................................  Organic Peroxide
6.1 (inhalation hazard, Zone A or B)......  Poison Inhalation Hazard
6.1 (other than inhalation hazard, Zone A   Poison
 or B) \2\.
6.2.......................................  Infectious substance
7.........................................  Radioactive
8.........................................  Corrosive
9.........................................  Class 9
------------------------------------------------------------------------
\1\ Refers to the appropriate compatibility group letter.
\2\ The packing group for a material is indicated in column 5 of the
  table.

    (h) Column 7: Special provisions. Column 7 specifies codes for 
special provisions applicable to hazardous materials. When Column 7 
refers to a special provision for a hazardous material, the meaning and 
requirements of that special provision are as set forth in Sec. 172.102 
of this subpart.

[[Page 154]]

    (i) Column 8: Packaging authorizations. Columns 8A, 8B and 8C 
specify the applicable sections for exceptions, non-bulk packaging 
requirements and bulk packaging requirements, respectively, in part 173 
of this subchapter. Columns 8A, 8B and 8C are completed in a manner 
which indicates that ``Sec. 173.'' precedes the designated numerical 
entry. For example, the entry ``202'' in Column 8B associated with the 
proper shipping name ``Gasoline'' indicates that for this material 
conformance to non-bulk packaging requirements prescribed in 
Sec. 173.202 of this subchapter is required. When packaging requirements 
are specified, they are in addition to the standard requirements for all 
packagings prescribed in Sec. 173.24 of this subchapter and any other 
applicable requirements in subparts A and B of part 173 of this 
subchapter.
    (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 ``Sec. 173.203'' or ``Sec. 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) Bulk packaging. Column (8C) specifies the section in part 173 of 
this subchapter that prescribes packaging requirements for bulk 
packagings, subject to the limitations, requirements, and additional 
authorizations of Columns (7) and (8B). A ``None'' in Column (8C) means 
bulk packagings are not authorized, except as may be provided by special 
provisions in Column (7) and in packaging authorizations Column (8B). 
Additional authorizations and limitations for use of UN portable tanks 
are set forth in Column 7. For each reference in this column to a 
material that 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'' and that is offered for transportation or transported by 
a mode in which its transportation is not otherwise subject to the 
requirements of this subchapter:
    (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:

------------------------------------------------------------------------
                                                 Corresponding packaging
Packaging section reference for solid materials     section for liquid
                                                        materials
------------------------------------------------------------------------
Sec. 173.187..................................            Sec. 173.181
Sec. 173.211..................................            Sec. 173.201
Sec. 173.212..................................            Sec. 173.202
Sec. 173.213..................................            Sec. 173.203
Sec. 173.240..................................            Sec. 173.241
Sec. 173.242..................................            Sec. 173.243
------------------------------------------------------------------------

    (5) Cylinders. For cylinders, both non-bulk and bulk packaging 
authorizations are set forth in Column (8B). Notwithstanding a 
designation of ``None'' in Column (8C), a bulk cylinder may be used when 
specified through the section reference in Column (8B).
    (j) Column 9: Quantity limitations. Columns 9A and 9B specify the 
maximum quantities that may be offered for transportation in one package 
by passenger-carrying aircraft or passenger-carrying rail car (Column 
9A) or by cargo aircraft only (Column 9B), subject to the following:
    (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.''

[[Page 155]]

    (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 Sec. 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. See 
Sec. 173.24a(c)(1)(iv).
    (k) Column 10: Vessel stowage requirements. Column 10A [Vessel 
stowage] specifies the authorized stowage locations on board cargo and 
passenger vessels. Column 10B [Other provisions] specifies codes for 
stowage and handling requirements for specific hazardous materials. 
Hazardous materials offered for transportation as limited quantities are 
allocated stowage category A and are not subject to the stowage codes 
assigned by column 10B. The meaning of each code in Column 10B is set 
forth in Sec. 176.84 of this subchapter. Section 176.63 of this 
subchapter sets forth the physical requirements for each of the 
authorized locations listed in Column 10A. (For bulk transportation by 
vessel, see 46 CFR parts 30 to 40, 70, 98, 148, 151, 153 and 154.) The 
authorized stowage locations specified in Column 10A are defined as 
follows:
    (1) Stowage category ``A'' means the material may be stowed ``on 
deck'' or ``under deck'' on a cargo vessel or 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 only'' on a cargo vessel or on a passenger vessel.
    (4) Stowage category ``D'' means the material must be stowed ``on 
deck only'' on a cargo vessel or 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 a passenger vessel 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 or 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 a passenger vessel in which the 
limiting number of passengers is exceeded.
    (6) Stowage category ``01'' means the material may be stowed ``on 
deck'' in closed cargo transport units or ``under deck'' on a cargo 
vessel (up to 12 passengers) or on a passenger vessel.
    (7) Stowage category ``02'' means the material may be stowed ``on 
deck'' in closed cargo transport units or ``under deck'' on a cargo 
vessel (up to 12 passengers) or ``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'' 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.
    (9) Stowage category ``04'' means the material may be stowed ``on 
deck'' in closed cargo transport units or ``under deck'' in closed cargo 
transports 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

[[Page 156]]

closed cargo transport units on a cargo vessel (up to 12 passengers) but 
the material is prohibited on a passenger vessel.
    (l) Changes to the Table. (1) Unless specifically stated otherwise 
in a rule document published in the Federal Register amending the 
Table--
    (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 
Sec. 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.

[[Page 157]]



                                                                             Sec. 172.101 Hazardous Materials Table
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                                                 (8)                           (9)           (10) Vessel stowage
                                                                                                                --------------------------------------------------------------------------------
                                                                                                                      Packaging (Sec. 173.***)       Quantity limitations
               Hazardous materials          Hazard                                                              ------------------------------------    (see  173.27 and
Symbols      descriptions and proper       class or   Identification     PG     Label      Special provisions                                                175.75)
                  shipping names           Division       Numbers               Codes       (Sec. 172.102)                                         ------------------------  Location    Other
                                                                                                                  Exceptions    Non-bulk     Bulk     Passenger     Cargo
                                                                                                                                                      aircraft/   aircraft
                                                                                                                                                        rail        only
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
(1)      (2)                                    (3)  (4)                (5)   (6)                           (7)  (8A)          (8B)        (8C)            (9A)        (9B)  (10A)         (10B)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
 
         Accellerene, see p-
          Nitrosodimethylaniline
         Accumulators, electric, see
          Batteries, wet etc
         Accumulators, pressurized,
          pneumatic or hydraulic
          (containing non-flamable gas),
          see Articles pressurized,
          pneumatic or hydraulic
          (containing non-flamable gas)
         Acetal                                   3  UN1088              II   3                    IB2, T4, TP1  150           202         242              5 L        60 L  E
         Acetaldehyde                             3  UN1089               I   3          A3, B16, T11, TP2, TP7  None          201         243        Forbidden        30 L  E
   A     Acetaldehyde ammonia                     9  UN1841             III   9         IB8, IP3, IP7, T1, TP33  155           204         240           200 kg      200 kg  A                34
         Acetaldehyde oxime                       3  UN2332             III   3                B1, IB3, T4, TP1  150           203         242             60 L       220 L  A
         Acetic acid, glacial or Acetic           8  UN2789              II   8, 3         A3, A6, A7, A10, B2,  154           202         243              1 L        30 L  A
          acid solution, with more than                                                            IB2, T7, TP2
          80 percent acid, by mass
         Acetic acid solution, not less           8  UN2790              II   8           148, A3, A6, A7, A10,  154           202         242              1 L        30 L  A
          than 50 percent but not more                                                         B2, IB2, T7, TP2
          than 80 percent acid, by mass
         Acetic acid solution, with more          8  UN2790             III   8               148, IB3, T4, TP1  154           203         242              5 L        60 L  A
          than 10 percent and less than
          50 percent acid, by mass
         Acetic anhydride                         8  UN1715              II   8, 3         A3, A6, A7, A10, B2,  154           202         243              1 L        30 L  A                40
                                                                                                   IB2, T7, TP2
         Acetone                                  3  UN1090              II   3                    IB2, T4, TP1  150           202         242              5 L        60 L  B
         Acetone cyanohydrin, stabilized        6.1  UN1541               I   6.1         2, B9, B14, B32, B76,  None          227         244        Forbidden   Forbidden  D           25, 40,
                                                                                            B77, N34, T20, TP2,                                                                           52, 53
                                                                                               TP13, TP38, TP45
         Acetone oils                             3  UN1091              II   3               IB2, T4, TP1, TP8  150           202         242              5 L        60 L  B
         Acetonitrile                             3  UN1648              II   3                    IB2, T7, TP2  150           202         242              5 L        60 L  B                40
         Acetyl acetone peroxide with     Forbidden
          more than 9 percent by mass
          active oxygen
         Acetyl benzoyl peroxide, solid,  Forbidden
          or with more than 40 percent
          in solution
         Acetyl bromide                           8  UN1716              II   8                B2, IB2, T8, TP2  154           202         242              1 L        30 L  C                40

[[Page 158]]

 
         Acetyl chloride                          3  UN1717              II   3, 8        A3, A6, A7, IB1, N34,  150           202         243              1 L         5 L  B                40
                                                                                                        T8, TP2
         Acetyl cyclohexanesulfonyl       Forbidden
          peroxide, with more than 82
          percent wetted with less than
          12 percent water
         Acetyl iodide                            8  UN1898              II   8          B2, IB2, T7, TP2, TP13  154           202         242              1 L        30 L  C                40
         Acetyl methyl carbinol                   3  UN2621             III   3                B1, IB3, T2, TP1  150           203         242             60 L       220 L  A
         Acetyl peroxide, solid, or with  Forbidden
          more than 25 percent in
          solution
         Acetylene, dissolved                   2.1  UN1001                   2.1                      N86, N88  None          303         None       Forbidden       15 kg  D           25, 40,
                                                                                                                                                                                              57
         Acetylene (liquefied)            Forbidden
         Acetylene silver nitrate         Forbidden
         Acetylene, solvent free          Forbidden
         Acetylene tetrabromide, see
          Tetrabromoethane
         Acid butyl phosphate, see Butyl
          acid phosphate
         Acid, sludge, see Sludge acid
         Acridine                               6.1  UN2713             III   6.1            IB8, IP3, T1, TP33  153           213         240           100 kg      200 kg  A
         Acrolein dimer, stabilized               3  UN2607             III   3           387, B1, IB3, T2, TP1  150           203         242             60 L       220 L  C            25, 40
         Acrolein, stabilized                   6.1  UN1092               I   6.1, 3      1, 380, 387, B9, B14,  None          226         244        Forbidden   Forbidden  D            25, 40
                                                                                            B30, B42, B77, T22,
                                                                                          TP2, TP7, TP13, TP38,
                                                                                                           TP44
         Acrylamide, solid                      6.1  UN2074             III   6.1            IB8, IP3, T1, TP33  153           213         240           100 kg      200 kg  A            12, 25
         Acrylamide solution                    6.1  UN3426             III   6.1                  IB3, T4, TP1  153           203         241             60 L       220 L  A            12, 25
         Acrylic acid, stabilized                 8  UN2218              II   8, 3        387, B2, IB2, T7, TP2  154           202         243              1 L        30 L  C            25, 40
         Acrylonitrile, stabilized                3  UN1093               I   3, 6.1    387, B9, T14, TP2, TP13  None          201         243        Forbidden        30 L  D            25, 40
         Actuating cartridge, explosive,
          see Cartridges, power device
         Adhesives, containing a                  3  UN1133               I   3             T11, TP1, TP8, TP27  150           201         243              1 L        30 L  B
          flammable liquid
                                                                         II   3         149, 383, B52, IB2, T4,  150           173         242              5 L        60 L  B
                                                                                                       TP1, TP8
                                                                        III   3           B1, B52, IB3, T2, TP1  150           173         242             60 L       220 L  A

[[Page 159]]

 
         Adiponitrile                           6.1  UN2205             III   6.1                  IB3, T3, TP1  153           203         241             60 L       220 L  A
   G     Adsorbed gas, n.o.s                    2.2  UN3511            .....  2.2       .......................  None          302c        None           75 kg      150 kg  A
   G     Adsorbed gas, flammable, n.o.s         2.1  UN3510            .....  2.1       .......................  None          302c        None       Forbidden      150 kg  D                40
   G     Adsorbed gas, oxidizing, n.o.s         2.2  UN3513            .....  2.2, 5.1  .......................  None          302c        None           75 kg      150 kg  D
   G     Adsorbed gas, toxic, n.o.s.            2.3  UN3512            .....  2.3                             1  None          302c        None       Forbidden   Forbidden  D                40
          Inhalation hazard zone A
   G     Adsorbed gas, toxic, n.o.s.            2.3  UN3512            .....  2.3                    2, B9, B14  None          302c        None       Forbidden   Forbidden  D                40
          Inhalation hazard zone B
   G     Adsorbed gas, toxic, n.o.s.            2.3  UN3512            .....  2.3                        3, B14  None          302c        None       Forbidden   Forbidden  D                40
          Inhalation hazard zone C
   G     Adsorbed gas, toxic, n.o.s.            2.3  UN3512            .....  2.3                             4  None          302c        None       Forbidden   Forbidden  D                40
          Inhalation hazard zone D
   G     Adsorbed gas, toxic, corrosive,        2.3  UN3516            .....  2.3, 8                     1, 379  None          302c        None       Forbidden   Forbidden  D                40
          n.o.s. Inhalation hazard zone
          A
   G     Adsorbed gas, toxic, corrosive,        2.3  UN3516            .....  2.3, 8            2, 379, B9, B14  None          302c        None       Forbidden   Forbidden  D                40
          n.o.s. Inhalation hazard zone
          B
   G     Adsorbed gas, toxic, corrosive,        2.3  UN3516            .....  2.3, 8                3, 379, B14  None          302c        None       Forbidden   Forbidden  D                40
          n.o.s. Inhalation hazard zone
          C
   G     Adsorbed gas, toxic, corrosive,        2.3  UN3516            .....  2.3, 8                     4, 379  None          302c        None       Forbidden   Forbidden  D                40
          n.o.s. Inhalation hazard zone
          D
   G     Adsorbed gas, toxic, flammable,        2.3  UN3514            .....  2.3, 2.1                        1  None          302c        None       Forbidden   Forbidden  D                40
          n.o.s. Inhalation hazard zone
          A
   G     Adsorbed gas, toxic, flammable,        2.3  UN3514            .....  2.3, 2.1               2, B9, B14  None          302c        None       Forbidden   Forbidden  D                40
          n.o.s. Inhalation hazard zone
          B
   G     Adsorbed gas, toxic, flammable,        2.3  UN3514            .....  2.3, 2.1                   3, B14  None          302c        None       Forbidden   Forbidden  D                40
          n.o.s. Inhalation hazard zone
          C
   G     Adsorbed gas, toxic, flammable,        2.3  UN3514            .....  2.3, 2.1                        4  None          302c        None       Forbidden   Forbidden  D                40
          n.o.s. Inhalation hazard zone
          D
   G     Adsorbed gas, toxic, flammable,        2.3  UN3517            .....  2.3,                            1  None          302c        None       Forbidden   Forbidden  D            17, 40
          corrosive, n.o.s. Inhalation                                         2.1, 8
          hazard zone A
   G     Adsorbed gas, toxic, flammable,        2.3  UN3517            .....  2.3,                   2, B9, B14  None          302c        None       Forbidden   Forbidden  D            17, 40
          corrosive, n.o.s. Inhalation                                         2.1, 8
          hazard zone B
   G     Adsorbed gas, toxic, flammable,        2.3  UN3517            .....  2.3,                       3, B14  None          302c        None       Forbidden   Forbidden  D            17, 40
          corrosive, n.o.s. Inhalation                                         2.1, 8
          hazard zone C
   G     Adsorbed gas, toxic, flammable,        2.3  UN3517            .....  2.3,                            4  None          302c        None       Forbidden   Forbidden  D            17, 40
          corrosive, n.o.s. Inhalation                                         2.1, 8
          hazard zone D
   G     Adsorbed gas, toxic, oxidizing,        2.3  UN3515            .....  2.3, 5.1                        1  None          302c        None       Forbidden   Forbidden  D                40
          n.o.s. Inhalation hazard zone
          A
   G     Adsorbed gas, toxic, oxidizing,        2.3  UN3515            .....  2.3, 5.1               2, B9, B14  None          302c        None       Forbidden   Forbidden  D                40
          n.o.s. Inhalation hazard zone
          B
   G     Adsorbed gas, toxic, oxidizing,        2.3  UN3515            .....  2.3, 5.1                   3, B14  None          302c        None       Forbidden   Forbidden  D                40
          n.o.s. Inhalation hazard zone
          C
   G     Adsorbed gas, toxic, oxidizing,        2.3  UN3515            .....  2.3, 5.1                        4  None          302c        None       Forbidden   Forbidden  D                40
          n.o.s. Inhalation hazard zone
          D

[[Page 160]]

 
   G     Adsorbed gas, toxic, oxidizing,        2.3  UN3518            .....  2.3,                            1  None          302c        None       Forbidden   Forbidden  D           40, 89,
          corrosive, n.o.s. Inhalation                                         5.1, 8                                                                                                         90
          hazard zone A
   G     Adsorbed gas, toxic, oxidizing,        2.3  UN3518            .....  2.3,                   2, B9, B14  None          302c        None       Forbidden   Forbidden  D           40, 89,
          corrosive, n.o.s. Inhalation                                         5.1, 8                                                                                                         90
          hazard zone B
   G     Adsorbed gas, toxic, oxidizing,        2.3  UN3518            .....  2.3,                       3, B14  None          302c        None       Forbidden   Forbidden  D           40, 89,
          corrosive, n.o.s. Inhalation                                         5.1, 8                                                                                                         90
          hazard zone C
   G     Adsorbed gas, toxic, oxidizing,        2.3  UN3518            .....  2.3,                            4  None          302c        None       Forbidden   Forbidden  D           40, 89,
          corrosive, n.o.s. Inhalation                                         5.1, 8                                                                                                         90
          hazard zone D
         Aerosols, corrosive, Packing           2.2  UN1950            .....  2.2, 8                        A34  306           None        None           75 kg      150 kg  A           25, 87,
          Group II or III, (each not                                                                                                                                                         126
          exceeding 1 L capacity).
         Aerosols, flammable, (each not         2.1  UN1950            .....  2.1                           N82  306           None        None           75 kg      150 kg  A           25, 87,
          exceeding 1 L capacity)                                                                                                                                                            126
         Aerosols, flammable, n.o.s.            2.1  UN1950            .....  2.1                           N82  306           304         None       Forbidden      150 kg  A           25, 87,
          (engine starting fluid) (each                                                                                                                                                      126
          not exceeding 1 L capacity)
         Aerosols, non-flammable, (each         2.2  UN1950            .....  2.2       .......................  306           None        None           75 kg      150 kg  A           25, 87,
          not exceeding 1 L capacity)                                                                                                                                                        126
         Aerosols, poison, Packing Group        2.2  UN1950            .....  2.2, 6.1  .......................  306           None        None       Forbidden   Forbidden  A           25, 87,
          III (each not exceeding 1 L                                                                                                                                                        126
          capacity)
         Air bag inflators, or Air bag
          modules, or Seat-belt
          pretensioners, see Safety
          devices, electrically
          initiated or Safety devices,
          pyrotechnic
         Air, compressed                        2.2  UN1002                   2.2                            78  306, 307      302         302            75 kg      150 kg  A
         Air, refrigerated liquid,              2.2  UN1003                   2.2, 5.1           T75, TP5, TP22  320           316         318, 319   Forbidden   Forbidden  D                51
          (cryogenic liquid)
         Air, refrigerated liquid,              2.2  UN1003                   2.2, 5.1           T75, TP5, TP22  320           316         318, 319   Forbidden   Forbidden  D                51
          (cryogenic liquid) non-
          pressurized
         Aircraft engines (including
          turbines), see Engines,
          internal combustion

[[Page 161]]

 
         Aircraft evacuation slides, see
          Life saving appliances etc
         Aircraft hydraulic power unit            3  UN3165               I   3, 6.1,   .......................  None          172         None       Forbidden        42 L  E           21, 40,
          fuel tank (containing a                                              8                                                                                                         49, 100
          mixture of anhydrous hydrazine
          and monomethyl hydrazine) (M86
          fuel)
         Aircraft survival kits, see
          Life saving appliances etc
   G     Alcoholates solution, n.o.s.,            3  UN3274              II   3, 8                          IB2  150           202         243              1 L         5 L  B
          in alcohol
         Alcoholic beverages                      3  UN3065              II   3           24, 149, B1, IB2, T4,  150           202         242              5 L        60 L  A
                                                                                                            TP1
                                                                        III   3           24, B1, IB3, N11, T2,  150           203         242             60 L       220 L  A
                                                                                                            TP1
         Alcohols, n.o.s.                         3  UN1987               I   3             172, T11, TP1, TP8,  4b            201         243              1 L        30 L  E
                                                                                                           TP27
                                                                         II   3         172, IB2, T7, TP1, TP8,  4b, 150       202         242              5 L        60 L  B
                                                                                                           TP28
                                                                        III   3          172, B1, IB3, T4, TP1,  4b, 150       203         242             60 L       220 L  A
                                                                                                           TP29
   G     Alcohols, flammable, toxic               3  UN1986               I   3, 6.1       T14, TP2, TP13, TP27  None          201         243        Forbidden        30 L  E                40
          n.o.s
                                                                         II   3, 6.1        IB2, T11, TP2, TP27  150           202         243              1 L        60 L  B                40
                                                                        III   3, 6.1     B1, IB3, T7, TP1, TP28  150           203         242             60 L       220 L  A
         Aldehydes, n.o.s.                        3  UN1989               I   3                  T11, TP1, TP27  None          201         243              1 L        30 L  E
                                                                         II   3         IB2, T7, TP1, TP8, TP28  150           202         242              5 L        60 L  B
                                                                        III   3          B1, IB3, T4, TP1, TP29  150           203         242             60 L       220 L  A
   G     Aldehydes, flammable, toxic,             3  UN1988               I   3, 6.1       T14, TP2, TP13, TP27  None          201         243        Forbidden        30 L  E                40
          n.o.s.
                                                                         II   3, 6.1        IB2, T11, TP2, TP27  150           202         243              1 L        60 L  B                40
                                                                        III   3, 6.1     B1, IB3, T7, TP1, TP28  150           203         242             60 L       220 L  A
         Aldol                                  6.1  UN2839              II   6.1                  IB2, T7, TP2  153           202         243              5 L        60 L  A            12, 25
   G     Alkali metal alcoholates, self-        4.2  UN3206              II   4.2, 8      64, A7, IB5, IP2, T3,  None          212         242            15 kg       50 kg  B
          heating, corrosive, n.o.s                                                                   TP33, W31
                                                                        III   4.2, 8      64, A7, IB8, IP3, T1,  None          213         242            25 kg      100 kg  B
                                                                                                      TP33, W31
         Alkali metal alloys, liquid,           4.3  UN1421               I   4.3         A2, A3, A7, B48, N34,  None          201         244        Forbidden         1 L  D           13, 52,
          n.o.s                                                                                             W31                                                                              148
         Alkali metal amalgam, liquid           4.3  UN1389               I   4.3          A2, A3, A7, N34, W31  None          201         244        Forbidden         1 L  D           13, 40,
                                                                                                                                                                                         52, 148
         Alkali metal amalgam, solid            4.3  UN3401               I   4.3       IB4, IP1, N40, T9, TP7,  None          211         242        Forbidden       15 kg  D           13, 52,
                                                                                                      TP33, W32                                                                              148
         Alkali metal amides                    4.3  UN1390              II   4.3         A6, A7, A8, A19, A20,  151           212         241            15 kg       50 kg  E           13, 40,
                                                                                            IB7, IP2, IP21, T3,                                                                          52, 148
                                                                                                 TP33, W31, W40
         Alkali metal dispersions,              4.3  UN3482               I   4.3, 3            A2, A3, A7, W31  None          201         244        Forbidden         1 L  D           13, 52,
          flammable or Alkaline earth                                                                                                                                                        148
          metal dispersions, flammable
         Alkali metal dispersions, or           4.3  UN1391               I   4.3               A2, A3, A7, W31  None          201         244        Forbidden         1 L  D           13, 52,
          Alkaline earth metal                                                                                                                                                               148
          dispersions

[[Page 162]]

 
         Alkaline corrosive liquids,
          n.o.s., see Caustic alkali
          liquids, n.o.s.
   G     Alkaline earth metal                   4.2  UN3205              II   4.2         65, A7, IB6, IP2, T3,  None          212         241            15 kg       50 kg  B
          alcoholates, n.o.s                                                                          TP33, W31
                                                                        III   4.2         65, A7, IB8, IP3, T1,  None          213         241            25 kg      100 kg  B
                                                                                                      TP33, W31
         Alkaline earth metal alloys,           4.3  UN1393              II   4.3       A19, IB7, IP2, IP4, T3,  151           212         241            15 kg       50 kg  E           13, 52,
          n.o.s                                                                                  TP33, W31, W40                                                                              148
         Alkaline earth metal amalgams,         4.3  UN1392               I   4.3            A19, N34, N40, W31  None          201         244        Forbidden         1 L  E           13, 40,
          liquid                                                                                                                                                                         52, 148
         Alkaline earth metal amalgams,         4.3  UN3402               I   4.3       A19, N34, N40, T9, TP7,  None          211         242        Forbidden       15 kg  D           13, 52,
          solid                                                                                       TP33, W32                                                                              148
   G     Alkaloids, liquid, n.o.s., or          6.1  UN3140               I   6.1            A4, T14, TP2, TP27  None          201         243              1 L        30 L  A
          Alkaloid salts, liquid, n.o.s.
                                                                         II   6.1           IB2, T11, TP2, TP27  153           202         243              5 L        60 L  A
                                                                        III   6.1            IB3, T7, TP1, TP28  153           203         241             60 L       220 L  A
   G     Alkaloids, solid, n.o.s. or            6.1  UN1544               I   6.1            IB7, IP1, T6, TP33  None          211         242             5 kg       50 kg  A
          Alkaloid salts, solid, n.o.s.
          poisonous
                                                                         II   6.1       IB8, IP2, IP4, T3, TP33  153           212         242            25 kg      100 kg  A
                                                                        III   6.1            IB8, IP3, T1, TP33  153           213         240           100 kg      200 kg  A
         Alkyl sulfonic acids, liquid or          8  UN2584              II   8          B2, IB2, T8, TP2, TP13  154           202         242              1 L        30 L  B
          Aryl sulfonic acids, liquid
          with more than 5 percent free
          sulfuric acid
         Alkyl sulfonic acids, liquid or          8  UN2586             III   8                    IB3, T4, TP1  154           203         241              5 L        60 L  B
          Aryl sulfonic acids, liquid
          with not more than 5 percent
          free sulfuric acid
         Alkyl sulfonic acids, solid or           8  UN2583              II   8         IB8, IP2, IP4, T3, TP33  154           212         240            15 kg       50 kg  A
          Aryl sulfonic acids, solid,
          with more than 5 percent free
          sulfuric acid
         Alkyl sulfonic acids, solid or           8  UN2585             III   8              IB8, IP3, T1, TP33  154           213         240            25 kg      100 kg  A
          Aryl sulfonic acids, solid
          with not more than 5 percent
          free sulfuric acid
         Alkylphenols, liquid, n.o.s.             8  UN3145               I   8                    A6, T14, TP2  None          201         243            0.5 L       2.5 L  B
          (including C2-C12 homologues)
                                                                         II   8             IB2, T11, TP2, TP27  154           202         242              1 L        30 L  B
                                                                        III   8              IB3, T7, TP1, TP28  154           203         241              5 L        60 L  A

[[Page 163]]

 
         Alkylphenols, solid, n.o.s.              8  UN2430               I   8              IB7, IP1, T6, TP33  None          211         242             1 kg       25 kg  B
          (including C2-C12 homologues)
                                                                         II   8         IB8, IP2, IP4, T3, TP33  154           212         240            15 kg       50 kg  B
                                                                        III   8              IB8, IP3, T1, TP33  154           213         240            25 kg      100 kg  A
         Alkylsulfuric acids                      8  UN2571              II   8         B2, IB2, T8, TP2, TP13,  154           202         242              1 L        30 L  C                14
                                                                                                           TP28
         Allethrin, see Pesticides,
          liquid, toxic, n.o.s.
         Allyl acetate                            3  UN2333              II   3, 6.1         IB2, T7, TP1, TP13  150           202         243              1 L        60 L  E                40
         Allyl alcohol                          6.1  UN1098               I   6.1, 3      2, B9, B14, B32, B77,  None          227         244        Forbidden   Forbidden  D                40
                                                                                          T20, TP2, TP13, TP38,
                                                                                                           TP45
         Allyl bromide                            3  UN1099               I   3, 6.1             T14, TP2, TP13  None          201         243        Forbidden        30 L  B                40
         Allyl chloride                           3  UN1100               I   3, 6.1             T14, TP2, TP13  None          201         243        Forbidden        30 L  E                40
         Allyl chlorocarbonate, see
          Allyl chloroformate
         Allyl chloroformate                    6.1  UN1722               I   6.1, 3,     2, B9, B14, B32, N41,  None          227         244        Forbidden   Forbidden  D           21, 40,
                                                                               8          T20, TP2, TP13, TP38,                                                                              100
                                                                                                           TP45
         Allyl ethyl ether                        3  UN2335              II   3, 6.1         IB2, T7, TP1, TP13  150           202         243              1 L        60 L  E                40
         Allyl formate                            3  UN2336               I   3, 6.1             T14, TP2, TP13  None          201         243        Forbidden        30 L  E                40
         Allyl glycidyl ether                     3  UN2219             III   3                B1, IB3, T2, TP1  150           203         242             60 L       220 L  A
         Allyl iodide                             3  UN1723              II   3, 8        A3, A6, IB1, N34, T7,  150           202         243              1 L         5 L  B                40
                                                                                                      TP2, TP13
         Allyl isothiocyanate,                  6.1  UN1545              II   6.1, 3      387, A3, A7, IB2, T7,  None          202         243        Forbidden        60 L  D            25, 40
          stabilized                                                                                        TP2
         Allylamine                             6.1  UN2334               I   6.1, 3      2, B9, B14, B32, T20,  None          227         244        Forbidden   Forbidden  D                40
                                                                                          TP2, TP13, TP38, TP45
         Allyltrichlorosilane,                    8  UN1724              II   8, 3        387, A7, B2, B6, N34,  None          206         243        Forbidden        30 L  C            25, 40
          stabilized                                                                        T10, TP2, TP7, TP13
         Aluminum borohydride or                4.2  UN2870               I   4.2, 4.3      B11, T21, TP7, TP33  None          181         244        Forbidden   Forbidden  D           13, 148
          Aluminum borohydride in
          devices
         Aluminum bromide, anhydrous              8  UN1725              II   8         IB8, IP2, IP4, T3, TP33  154           212         240            15 kg       50 kg  A                40
         Aluminum bromide, solution               8  UN2580             III   8                    IB3, T4, TP1  154           203         241              5 L        60 L  A
         Aluminum carbide                       4.3  UN1394              II   4.3          A20, IB7, IP2, IP21,  151           212         242            15 kg       50 kg  A           13, 52,
                                                                                        N41, T3, TP33, W31, W40                                                                              148
         Aluminum chloride, anhydrous             8  UN1726              II   8         IB8, IP2, IP4, T3, TP33  154           212         240            15 kg       50 kg  A                40
         Aluminum chloride, solution              8  UN2581             III   8                    IB3, T4, TP1  154           203         241              5 L        60 L  A
         Aluminum dross, wet or hot       Forbidden
         Aluminum ferrosilicon powder           4.3  UN1395              II   4.3, 6.1       A19, IB5, IP2, T3,  151           212         242            15 kg       50 kg  A           13, 39,
                                                                                                 TP33, W31, W40                                                                          40, 52,
                                                                                                                                                                                         53, 85,
                                                                                                                                                                                            103,
                                                                                                                                                                                             148
                                                                        III   4.3, 6.1            A19, A20, IB4  151           213         241            25 kg      100 kg  A           13, 39,
                                                                                                                                                                                         40, 52,
                                                                                                                                                                                         53, 85,
                                                                                                                                                                                            103,
                                                                                                                                                                                             148

[[Page 164]]

 
         Aluminum hydride                       4.3  UN2463               I   4.3                 A19, N40, W32  None          211         242        Forbidden       15 kg  E           13, 148
   D     Aluminum, molten                         9  NA9260             III   9                    IB3, T1, TP3  None          None        247        Forbidden   Forbidden  D
         Aluminum nitrate                       5.1  UN1438             III   5.1        A1, A29, IB8, IP3, T1,  152           213         240            25 kg      100 kg  A
                                                                                                           TP33
         Aluminum phosphate solution,
          see Corrosive liquids, etc
         Aluminum phosphide                     4.3  UN1397               I   4.3, 6.1        A8, A19, N40, W32  None          211         242        Forbidden       15 kg  E           13, 40,
                                                                                                                                                                                         52, 85,
                                                                                                                                                                                             148
         Aluminum phosphide pesticides          6.1  UN3048               I   6.1       A8, IB7, IP1, T6, TP33,  None          211         242        Forbidden       15 kg  E            40, 85
                                                                                                            W31
         Aluminum powder, coated                4.1  UN1309              II   4.1           IB8, IP2, IP21, T3,  151           212         240            15 kg       50 kg  A           13, 39,
                                                                                                     TP33, W100                                                                          52, 53,
                                                                                                                                                                                             74,
                                                                                                                                                                                            101,
                                                                                                                                                                                            147,
                                                                                                                                                                                             148
                                                                        III   4.1          B134, IB8, IP21, T1,  151           213         240            25 kg      100 kg  A           13, 39,
                                                                                                     TP33, W100                                                                          52, 53,
                                                                                                                                                                                             74,
                                                                                                                                                                                            101,
                                                                                                                                                                                            147,
                                                                                                                                                                                             148
         Aluminum powder, uncoated              4.3  UN1396              II   4.3           A19, A20, IB7, IP2,  151           212         242            15 kg       50 kg  A           13, 39,
                                                                                           IP21, T3, TP33, W31,                                                                          52, 53,
                                                                                                            W40                                                                              148
                                                                        III   4.3          A19, A20, IB8, IP21,  151           213         241            25 kg      100 kg  A           13, 39,
                                                                                             T1, TP33, W31, W40                                                                          52, 53,
                                                                                                                                                                                             148
         Aluminum resinate                      4.1  UN2715             III   4.1                 IB6, T1, TP33  151           213         240            25 kg      100 kg  A
         Aluminum silicon powder,               4.3  UN1398             III   4.3        A1, A19, IB8, IP4, T1,  151           213         241            25 kg      100 kg  A           13, 39,
          uncoated                                                                               TP33, W31, W40                                                                          40, 52,
                                                                                                                                                                                         53, 85,
                                                                                                                                                                                            103,
                                                                                                                                                                                             148

[[Page 165]]

 
         Aluminum smelting by-products          4.3  UN3170              II   4.3          128, B115, IB7, IP2,  None          212         242            15 kg       50 kg  B           13, 85,
          or Aluminum remelting by-                                                        IP21, T3, TP33, W31,                                                                             103,
          products                                                                                          W40                                                                              148
                                                                        III   4.3         128, B115, IB8, IP21,  None          213         241            25 kg      100 kg  B           13, 85,
                                                                                                  T1, TP33, W31                                                                             103,
                                                                                                                                                                                             148
         Amatols, see Explosives,
          blasting, type B
   G     Amine, flammable, corrosive,             3  UN2733               I   3, 8               T14, TP1, TP27  None          201         243            0.5 L       2.5 L  D            40, 52
          n.o.s. or Polyamines,
          flammable, corrosive, n.o.s
                                                                         II   3, 8          IB2, T11, TP1, TP27  150           202         243              1 L         5 L  B            40, 52
                                                                        III   3, 8       B1, IB3, T7, TP1, TP28  150           203         242              5 L        60 L  A            40, 52
   G     Amine, liquid, corrosive,                8  UN2734               I   8, 3       A3, A6, N34, T14, TP2,  None          201         243            0.5 L       2.5 L  A                52
          flammable, n.o.s. or                                                                             TP27
          Polyamines, liquid, corrosive,
          flammable, n.o.s
                                                                         II   8, 3          IB2, T11, TP2, TP27  None          202         243              1 L        30 L  A                52
   G     Amines, liquid, corrosive,               8  UN2735               I   8          A3, A6, B10, N34, T14,  None          201         243            0.5 L       2.5 L  A                52
          n.o.s., or Polyamines, liquid,                                                              TP2, TP27
          corrosive, n.o.s.
                                                                         II   8         B2, IB2, T11, TP1, TP27  154           202         242              1 L        30 L  A                52
                                                                        III   8              IB3, T7, TP1, TP28  154           203         241              5 L        60 L  A                52
   G     Amines, solid, corrosive,                8  UN3259               I   8              IB7, IP1, T6, TP33  None          211         242             1 kg       25 kg  A                52
          n.o.s., or Polyamines, solid,
          corrosive n.o.s.
                                                                         II   8         IB8, IP2, IP4, T3, TP33  154           212         240            15 kg       50 kg  A                52
                                                                        III   8              IB8, IP3, T1, TP33  154           213         240            25 kg      100 kg  A                52
         2-Amino-4-chlorophenol                 6.1  UN2673              II   6.1       IB8, IP2, IP4, T3, TP33  153           212         242            25 kg      100 kg  A
         2-Amino-5-diethylaminopentane          6.1  UN2946             III   6.1                  IB3, T4, TP1  153           203         241             60 L       220 L  A
         2-Amino-4,6-Dinitrophenol,             4.1  UN3317               I   4.1        23, A8, A19, A20, N41,  None          211         None            1 kg       15 kg  E            28, 36
          wetted with not less than 20                                                                      W31
          percent water by mass
         2-(2-Aminoethoxy) ethanol                8  UN3055             III   8                    IB3, T4, TP1  154           203         241              5 L        60 L  A
         N-Aminoethylpiperazine                   8  UN2815             III   8, 6.1               IB3, T4, TP1  154           203         241              5 L        60 L  B           12, 25,
                                                                                                                                                                                              40
   +     Aminophenols (o-; m-; p-)              6.1  UN2512             III   6.1            IB8, IP3, T1, TP33  153           213         240           100 kg      200 kg  A
         Aminopropyldiethanolamine, see
          Amines, etc
         n-Aminopropylmorpholine, see
          Amines, etc
         Aminopyridines (o-; m-; p-)            6.1  UN2671              II   6.1       IB8, IP2, IP4, T3, TP33  153           212         242            25 kg      100 kg  B           12, 25,
                                                                                                                                                                                          40, 52
   I     Ammonia, anhydrous                     2.3  UN1005            .....  2.3, 8           4, 379, N87, T50  None          304         314, 315   Forbidden   Forbidden  D           40, 52,
                                                                                                                                                                                              57
   D     Ammonia, anhydrous                     2.2  UN1005            .....  2.2                  13, 379, T50  None          304         314, 315   Forbidden   Forbidden  D           40, 52,
                                                                                                                                                                                              57

[[Page 166]]

 
         Ammonia solution, relative             2.2  UN2073                   2.2                           N87  306           304         314, 315   Forbidden      150 kg  E           40, 52,
          density less than 0.880 at 15                                                                                                                                                       57
          degrees C in water, with more
          than 35 percent but not more
          than 50 percent ammonia
         Ammonia solution, relative               8  UN2672             III   8          336, IB3, IP8, T7, TP2  154           203         241               5L         60L  A           40, 52,
          density between 0.880 and                                                                                                                                                           85
          0.957 at 15 degrees C in
          water, with more than 10
          percent but not more than 35
          percent ammonia
   I     Ammonia solution, relative             2.3  UN3318                   2.3, 8                4, N87, T50  None          304         314, 315   Forbidden   Forbidden  D           40, 52,
          density less than 0.880 at 15                                                                                                                                                       57
          degrees C in water, with more
          than 50 percent ammonia
   D     Ammonia solution, relative             2.2  UN3318                   2.2                       13, T50  None          304         314, 315   Forbidden   Forbidden  D           40, 52,
          density less than 0.880 at 15                                                                                                                                                       57
          degrees C in water, with more
          than 50 percent ammonia
         Ammonium arsenate                      6.1  UN1546              II   6.1       IB8, IP2, IP4, T3, TP33  153           212         242            25 kg      100 kg  A                53
         Ammonium azide                   Forbidden
         Ammonium bifluoride, solid, see
          Ammonium hydrogen difluoride,
          solid
         Ammonium bifluoride solution,
          see Ammonium hydrogen
          difluoride, solution
         Ammonium bromate                 Forbidden
         Ammonium chlorate                Forbidden
         Ammonium dichromate                    5.1  UN1439              II   5.1       IB8, IP2, IP4, T3, TP33  152           212         242             5 kg       25 kg  A                52
         Ammonium dinitro-o-cresolate,          6.1  UN1843              II   6.1       IB8, IP2, IP4, T3, TP33  153           212         242            25 kg      100 kg  B           36, 65,
          solid                                                                                                                                                                           66, 77
         Ammonium dinitro-o-cresolate           6.1  UN3424              II   6.1                  IB2, T7, TP2  153           202         243              5 L        60 L  B           36, 66,
          solution                                                                                                                                                                        78, 91
                                                                        III   6.1                  IB2, T7, TP2  153           203         241             60 L       220 L  A           36, 66,
                                                                                                                                                                                          78, 91
         Ammonium fluoride                      6.1  UN2505             III   6.1            IB8, IP3, T1, TP33  153           213         240           100 kg      200 kg  A                52
         Ammonium fluorosilicate                6.1  UN2854             III   6.1            IB8, IP3, T1, TP33  153           213         240           100 kg      200 kg  A                52
         Ammonium fulminate               Forbidden

[[Page 167]]

 
         Ammonium hydrogen sulfate                8  UN2506              II   8         IB8, IP2, IP4, T3, TP33  154           212         240            15 kg       50 kg  A                40
         Ammonium hydrogendifluoride,             8  UN1727              II   8         IB8, IP2, IP4, N34, T3,  154           212         240            15 kg       50 kg  A           25, 40,
          solid                                                                                            TP33                                                                               52
         Ammonium hydrogendifluoride,             8  UN2817              II   8, 6.1    IB2, N34, T8, TP2, TP13  154           202         243              1 L        30 L  B                40
          solution
                                                                        III   8, 6.1    IB3, N3, T4, TP1 , TP13  154           203         241              5 L        60 L  B            40, 95
         Ammonium hydrosulfide,
          solution, see Ammonium sulfide
          solution
   D     Ammonium hydroxide, see Ammonia
          solutions, etc
         Ammonium metavanadate                  6.1  UN2859              II   6.1       IB8, IP2, IP4, T3, TP33  153           212         242            25 kg      100 kg  A           44, 89,
                                                                                                                                                                                            100,
                                                                                                                                                                                             141
         Ammonium nitrate based                 5.1  UN2067             III   5.1           52, 148, 150, B120,  152           213         240            25 kg      100 kg  B           25, 59,
          fertilizer                                                                         IB8, IP3, T1, TP33                                                                          60, 66,
                                                                                                                                                                                            117,
                                                                                                                                                                                            124*
 A W     Ammonium nitrate based                   9  UN2071             III   9                   132, IB8, IP3  155           213         240           200 kg      200 kg  A
          fertilizer
         Ammonium nitrate emulsion or           5.1  UN3375              II   5.1           147, 148, 163, IB2,  None          231         251        Forbidden   Forbidden  D           25, 59,
          Ammonium nitrate suspension or                                                                   IP16                                                                          60, 66,
          Ammonium nitrate gel,                                                                                                                                                              124
          intermediate for blasting
          explosives
   D     Ammonium nitrate-fuel oil             1.5D  NA0331            .....  1.5D                          148  None          62          None       Forbidden   Forbidden  03          25, 19E
          mixture containing only
          prilled ammonium nitrate and
          fuel oil
         Ammonium nitrate, liquid (hot          5.1  UN2426            .....  5.1                   148, B5, T7  None          None        243        Forbidden   Forbidden  D           59, 60,
          concentrated solution)                                                                                                                                                             124
         Ammonium nitrate, with more           1.1D  UN0222            .....  1.1D                          370  None          62          None       Forbidden   Forbidden  04          25, 19E
          than 0.2 percent combustible
          substances, including any
          organic substance calculated
          as carbon, to the exclusion of
          any other added substance
         Ammonium nitrate, with not more        5.1  UN1942             III   5.1           148, A1, A29, B120,  152           213         240            25 kg      100 kg  A           25, 59,
          than 0.2% combustible                                                              IB8, IP3, T1, TP33                                                                          60, 66,
          substances, including any                                                                                                                                                         116,
          organic substance calculated                                                                                                                                                       124
          as carbon, to the exclusion of
          any other added substance
         Ammonium nitrite                 Forbidden
         Ammonium perchlorate                  1.1D  UN0402            .....  1.1D                          107  None          62          None       Forbidden   Forbidden  04          25, 19E
         Ammonium perchlorate                   5.1  UN1442              II   5.1        107, A9, IB6, IP2, T3,  152           212         242             5 kg       25 kg  E            58, 69
                                                                                                           TP33
         Ammonium permanganate            Forbidden
         Ammonium persulfate                    5.1  UN1444             III   5.1        A1, A29, IB8, IP3, T1,  152           213         240            25 kg      100 kg  A
                                                                                                           TP33
         Ammonium picrate, dry or wetted       1.1D  UN0004            .....  1.1D      .......................  None          62          None       Forbidden   Forbidden  04          25, 5E,
          with less than 10 percent                                                                                                                                                          19E
          water, by mass

[[Page 168]]

 
         Ammonium picrate, wetted with          4.1  UN1310               I   4.1              23, A2, N41, W31  None          211         None          0.5 kg      0.5 kg  D            28, 36
          not less than 10 percent
          water, by mass
         Ammonium polysulfide, solution           8  UN2818              II   8, 6.1         IB2, T7, TP2, TP13  154           202         243              1 L        30 L  B           12, 25,
                                                                                                                                                                                          40, 52
                                                                        III   8, 6.1         IB3, T4, TP1, TP13  154           203         241              5 L        60 L  B           12, 25,
                                                                                                                                                                                          40, 52
         Ammonium polyvanadate                  6.1  UN2861              II   6.1       IB8, IP2, IP4, T3, TP33  153           212         242            25 kg      100 kg  A           44, 89,
                                                                                                                                                                                            100,
                                                                                                                                                                                             141
         Ammonium silicofluoride, see
          Ammonium fluorosilicate
         Ammonium sulfide solution                8  UN2683              II   8, 6.1,        IB1, T7, TP2, TP13  154           202         243              1 L        30 L  B           12, 22,
                                                                               3                                                                                                         25, 52,
                                                                                                                                                                                             100
         Ammunition, blank, see
          Cartridges for weapons, blank
         Ammunition, illuminating with         1.2G  UN0171            .....  1.2G      .......................  ............  62          62         Forbidden   Forbidden  03               25
          or without burster, expelling
          charge or propelling charge
         Ammunition, illuminating with         1.3G  UN0254            .....  1.3G      .......................  ............  62          62         Forbidden   Forbidden  03               25
          or without burster, expelling
          charge or propelling charge
         Ammunition, illuminating with         1.4G  UN0297            .....  1.4G      .......................  ............  62          62         Forbidden       75 kg  02               25
          or without burster, expelling
          charge or propelling charge
         Ammunition, incendiary liquid         1.3J  UN0247            .....  1.3J      .......................  ............  62          None       Forbidden   Forbidden  05          25, 23E
          or gel, with burster,
          expelling charge or propelling
          charge
         Ammunition, incendiary (water-
          activated contrivances) with
          burster, expelling charge or
          propelling charge, see
          Contrivances, water-activated,
          etc.

[[Page 169]]

 
         Ammunition, incendiary, white         1.2H  UN0243            .....  1.2H      .......................  ............  62          62         Forbidden   Forbidden  05              25,
          phosphorus, with burster,                                                                                                                                                         14E,
          expelling charge or propelling                                                                                                                                                    15E,
          charge                                                                                                                                                                             17E
         Ammunition, incendiary, white         1.3H  UN0244            .....  1.3H      .......................  ............  62          62         Forbidden   Forbidden  05              25,
          phosphorus, with burster,                                                                                                                                                         14E,
          expelling charge or propelling                                                                                                                                                    15E,
          charge                                                                                                                                                                             17E
         Ammunition, incendiary with or        1.2G  UN0009            .....  1.2G      .......................  ............  62          62         Forbidden   Forbidden  03               25
          without burster, expelling
          charge, or propelling charge
         Ammunition, incendiary with or        1.3G  UN0010            .....  1.3G      .......................  ............  62          62         Forbidden   Forbidden  03               25
          without burster, expelling
          charge, or propelling charge
         Ammunition, incendiary with or        1.4G  UN0300            .....  1.4G      .......................  ............  62          62         Forbidden       75 kg  02               25
          without burster, expelling
          charge or propelling charge
         Ammunition, practice                  1.4G  UN0362            .....  1.4G      .......................  ............  62          62         Forbidden       75 kg  02               25
         Ammunition, practice                  1.3G  UN0488            .....  1.3G      .......................  ............  62          62         Forbidden   Forbidden  03               25
         Ammunition, proof                     1.4G  UN0363            .....  1.4G      .......................  ............  62          62         Forbidden       75 kg  02               25
         Ammunition, rocket, see
          Warheads, rocket etc
         Ammunition, SA (small arms),
          see Cartridges for weapons,
          etc
         Ammunition, smoke (water-
          activated contrivances), white
          phosphorus, with burster,
          expelling charge or propelling
          charge, see Contrivances,
          water-activated, etc. (UN
          0248)
         Ammunition, smoke (water-
          activated contrivances),
          without white phosphorus or
          phosphides, with burster,
          expelling charge or propelling
          charge, see Contrivances,
          water-activated, etc. (UN
          0249)
         Ammunition smoke, white               1.2H  UN0245            .....  1.2H      .......................  ............  62          62         Forbidden   Forbidden  05              25,
          phosphorus with burster,                                                                                                                                                          14E,
          expelling charge, or                                                                                                                                                              15E,
          propelling charge                                                                                                                                                                  17E
         Ammunition, smoke, white              1.3H  UN0246            .....  1.3H      .......................  ............  62          62         Forbidden   Forbidden  05              25,
          phosphorus with burster,                                                                                                                                                          14E,
          expelling charge, or                                                                                                                                                              15E,
          propelling charge                                                                                                                                                                  17E
         Ammunition, smoke with or             1.2G  UN0015            .....  1.2G      .......................  ............  62          62         Forbidden   Forbidden  03          25, 17E
          without burster, expelling
          charge or propelling charge
         Ammunition, smoke with or             1.3G  UN0016            .....  1.3G      .......................  ............  62          62         Forbidden   Forbidden  03          25, 17E
          without burster, expelling
          charge or propelling charge

[[Page 170]]

 
         Ammunition, smoke with or             1.4G  UN0303            .....  1.4G      .......................  ............  62          62         Forbidden       75 kg  02              25,
          without burster, expelling                                                                                                                                                        14E,
          charge or propelling charge                                                                                                                                                       15E,
                                                                                                                                                                                             17E
         Ammunition, sporting, see
          Cartridges for weapons, etc.
          (UN 0012; UN 0328; UN 0339)
         Ammunition, tear-producing, non-       6.1  UN2017            .....  6.1, 8    .......................  None          212         None       Forbidden       50 kg  E            13, 40
          explosive, without burster or
          expelling charge, non-fuzed
         Ammunition, tear-producing with       1.2G  UN0018            .....  1.2G, 8,  .......................  ............  62          62         Forbidden   Forbidden  03          25, 17E
          burster, expelling charge or                                         6.1
          propelling charge
         Ammunition, tear-producing with       1.3G  UN0019            .....  1.3G, 8,  .......................  ............  62          62         Forbidden   Forbidden  03          25, 17E
          burster, expelling charge or                                         6.1
          propelling charge
         Ammunition, tear-producing with       1.4G  UN0301            .....  1.4G, 8,  .......................  ............  62          62         Forbidden       75 kg  02              25,
          burster, expelling charge or                                         6.1                                                                                                          14E,
          propelling charge                                                                                                                                                                 15E,
                                                                                                                                                                                             17E
         Ammunition, toxic, non-                6.1  UN2016            .....  6.1       .......................  None          212         None       Forbidden      100 kg  E            13, 40
          explosive, without burster or
          expelling charge, non-fuzed
         Ammunition, toxic (water-
          activated contrivances), with
          burster, expelling charge or
          propelling charge, see
          Contrivances, water-activated,
          etc
   G     Ammunition, toxic with burster,       1.2K  UN0020            .....  1.2K,     .......................  ............  62          None       Forbidden   Forbidden  05              25,
          expelling charge, or                                                 6.1                                                                                                          14E,
          propelling charge                                                                                                                                                                 15E,
                                                                                                                                                                                             17E
   G     Ammunition, toxic with burster,       1.3K  UN0021            .....  1.3K,     .......................  ............  62          None       Forbidden   Forbidden  05              25,
          expelling charge, or                                                 6.1                                                                                                          14E,
          propelling charge                                                                                                                                                                 15E,
                                                                                                                                                                                             17E
         Amyl acetates                            3  UN1104             III   3                B1, IB3, T2, TP1  150           203         242             60 L       220 L  A

[[Page 171]]

 
         Amyl acid phosphate                      8  UN2819             III   8                    IB3, T4, TP1  154           203         241              5 L        60 L  A
         Amyl butyrates                           3  UN2620             III   3                B1, IB3, T2, TP1  150           203         242             60 L       220 L  A
         Amyl chloride                            3  UN1107              II   3                    IB2, T4, TP1  150           202         242              5 L        60 L  B
         Amyl formates                            3  UN1109             III   3                B1, IB3, T2, TP1  150           203         242             60 L       220 L  A
         Amyl mercaptan                           3  UN1111              II   3            A3, A6, IB2, T4, TP1  None          202         242              5 L        60 L  B           95, 102
         n-Amyl methyl ketone                     3  UN1110             III   3                B1, IB3, T2, TP1  150           203         242             60 L       220 L  A
         Amyl nitrate                             3  UN1112             III   3                B1, IB3, T2, TP1  150           203         242             60 L       220 L  A                40
         Amyl nitrite                             3  UN1113              II   3                    IB2, T4, TP1  150           202         242              5 L        60 L  E                40
         Amylamines                               3  UN1106              II   3, 8                 IB2, T7, TP1  150           202         243              1 L         5 L  B
                                                                        III   3, 8             B1, IB3, T4, TP1  150           203         242              5 L        60 L  A
         Amyltrichlorosilane                      8  UN1728              II   8           A7, B2, B6, N34, T10,  None          206         242        Forbidden        30 L  C                40
                                                                                                 TP2, TP7, TP13
         Anhydrous ammonia, see Ammonia,
          anhydrous
         Anhydrous hydrofluoric acid,
          see Hydrogen fluoride,
          anhydrous
   +     Aniline                                6.1  UN1547              II   6.1                  IB2, T7, TP2  153           202         243              5 L        60 L  A            40, 52
         Aniline hydrochloride                  6.1  UN1548             III   6.1            IB8, IP3, T1, TP33  153           213         240           100 kg      200 kg  A
         Aniline oil, see Aniline
         Anisidines                             6.1  UN2431             III   6.1                  IB3, T4, TP1  153           203         241             60 L       220 L  A
         Anisole                                  3  UN2222             III   3                B1, IB3, T2, TP1  150           203         242             60 L       220 L  A
         Anisoyl chloride                         8  UN1729              II   8          B2, B4, IB8, IP2, IP4,  154           212         240            15 kg       50 kg  A                40
                                                                                                       T3, TP33
         Anti-freeze, liquid, see
          Flammable liquids, n.o.s.
         Antimonous chloride, see
          Antimony trichloride
   G     Antimony compounds, inorganic,         6.1  UN3141             III   6.1        35, IB3, T7, TP1, TP28  153           203         241             60 L       220 L  A
          liquid, n.o.s
   G     Antimony compounds, inorganic,         6.1  UN1549             III   6.1        35, IB8, IP3, T1, TP33  153           213         240           100 kg      200 kg  A
          solid, n.o.s
         Antimony lactate                       6.1  UN1550             III   6.1            IB8, IP3, T1, TP33  153           213         240           100 kg      200 kg  A
         Antimony pentachloride, liquid           8  UN1730              II   8                B2, IB2, T7, TP2  None          202         242              1 L        30 L  C                40
         Antimony pentachloride,                  8  UN1731              II   8                B2, IB2, T7, TP2  154           202         242              1 L        30 L  C                40
          solutions
                                                                        III   8                    IB3, T4, TP1  154           203         241              5 L        60 L  C                40
         Antimony pentafluoride                   8  UN1732              II   8, 6.1      A3, A6, A7, A10, IB2,  None          202         243        Forbidden        30 L  D           40, 44,
                                                                                               N3, N36, T7, TP2                                                                              89,
                                                                                                                                                                                            100,
                                                                                                                                                                                             141
         Antimony potassium tartrate            6.1  UN1551             III   6.1            IB8, IP3, T1, TP33  153           213         240           100 kg      200 kg  A
         Antimony powder                        6.1  UN2871             III   6.1            IB8, IP3, T1, TP33  153           213         240           100 kg      200 kg  A
         Antimony sulfide and a           Forbidden
          chlorate, mixtures of
         Antimony sulfide, solid, see
          Antimony compounds, inorganic,
          n.o.s.
         Antimony trichloride, liquid             8  UN1733              II   8                         B2, IB2  154           202         242              1 L        30 L  C                40
         Antimony trichloride, solid              8  UN1733              II   8         IB8, IP2, IP4, T3, TP33  154           212         240            15 kg       50 kg  A               40.
         Aqua ammonia, see Ammonia
          solution, etc

[[Page 172]]

 
         Argon, compressed                      2.2  UN1006                   2.2                                306, 307      302         314, 315       75 kg      150 kg  A
         Argon, refrigerated liquid             2.2  UN1951                   2.2                      T75, TP5  320           316         318            50 kg      500 kg  D
          (cryogenic liquid)
         Arsenic                                6.1  UN1558              II   6.1       IB8, IP2, IP4, T3, TP33  153           212         242            25 kg      100 kg  A
         Arsenic acid, liquid                   6.1  UN1553               I   6.1          T20, TP2, TP7, TP13,  None          201         243              1 L        30 L  B                46
                                                                                                            W31
         Arsenic acid, solid                    6.1  UN1554              II   6.1       IB8, IP2, IP4, T3, TP33  153           212         242            25 kg      100 kg  A
         Arsenic bromide                        6.1  UN1555              II   6.1       IB8, IP2, IP4, T3, TP33  153           212         242            25 kg      100 kg  A           12, 25,
                                                                                                                                                                                              40
         Arsenic chloride, see Arsenic
          trichloride
   G     Arsenic compounds, liquid,             6.1  UN1556               I   6.1          T14, TP2, TP13, TP27  None          201         243              1 L        30 L  B           40, 137
          n.o.s. inorganic, including
          arsenates, n.o.s.; arsenites,
          n.o.s.; arsenic sulfides,
          n.o.s.; and organic compounds
          of arsenic, n.o.s
                                                                         II   6.1          IB2, T11, TP2, TP13,  153           202         243              5 L        60 L  B           40, 137
                                                                                                           TP27
                                                                        III   6.1            IB3, T7, TP2, TP28  153           203         241             60 L       220 L  B           40, 137
   G     Arsenic compounds, solid,              6.1  UN1557               I   6.1            IB7, IP1, T6, TP33  None          211         242             5 kg       50 kg  A               137
          n.o.s. inorganic, including
          arsenates, n.o.s.; arsenites,
          n.o.s.; arsenic sulfides,
          n.o.s.; and organic compounds
          of arsenic, n.o.s
                                                                         II   6.1       IB8, IP2, IP4, T3, TP33  153           212         242            25 kg      100 kg  A               137
                                                                        III   6.1            IB8, IP3, T1, TP33  153           213         240           100 kg      200 kg  A               137
         Arsenic pentoxide                      6.1  UN1559              II   6.1       IB8, IP2, IP4, T3, TP33  153           212         242            25 kg      100 kg  A
         Arsenic sulfide and a chlorate,  Forbidden
          mixtures of
         Arsenic trichloride                    6.1  UN1560               I   6.1         2, B9, B14, B32, T20,  None          227         244        Forbidden   Forbidden  B                40
                                                                                          TP2, TP13, TP38, TP45
         Arsenic trioxide                       6.1  UN1561              II   6.1       IB8, IP2, IP4, T3, TP33  153           212         242            25 kg      100 kg  A
         Arsenic, white, solid, see
          Arsenic trioxide
         Arsenical dust                         6.1  UN1562              II   6.1       IB8, IP2, IP4, T3, TP33  153           212         242            25 kg      100 kg  A

[[Page 173]]

 
         Arsenical pesticides, liquid,            3  UN2760               I   3, 6.1       T14, TP2, TP13, TP27  None          201         243        Forbidden        30 L  B                40
          flammable, toxic, flash point
          less than 23 degrees C
                                                                         II   3, 6.1       IB2, T11, TP2, TP13,  150           202         243              1 L        60 L  B                40
                                                                                                           TP27
         Arsenical pesticides, liquid,          6.1  UN2994               I   6.1          T14, TP2, TP13, TP27  None          201         243              1 L        30 L  B                40
          toxic
                                                                         II   6.1          IB2, T11, TP2, TP13,  153           202         243              5 L        60 L  B                40
                                                                                                           TP27
                                                                        III   6.1            IB3, T7, TP2, TP28  153           203         241             60 L       220 L  A                40
         Arsenical pesticides, liquid,          6.1  UN2993               I   6.1, 3       T14, TP2, TP13, TP27  None          201         243              1 L        30 L  B                40
          toxic, flammable, flash point
          not less than 23 degrees C
                                                                         II   6.1, 3       IB2, T11, TP2, TP13,  153           202         243              5 L        60 L  B                40
                                                                                                           TP27
                                                                        III   6.1, 3     B1, IB3, T7, TP2, TP28  153           203         242             60 L       220 L  A                40
         Arsenical pesticides, solid,           6.1  UN2759               I   6.1            IB7, IP1, T6, TP33  None          211         242             5 kg       50 kg  A                40
          toxic
                                                                         II   6.1       IB8, IP2, IP4, T3, TP33  153           212         242            25 kg      100 kg  A                40
                                                                        III   6.1            IB8, IP3, T1, TP33  153           213         240           100 kg      200 kg  A                40
         Arsenious acid, solid, see
          Arsenic trioxide
         Arsenious and mercuric iodide
          solution, see Arsenic
          compounds, liquid, n.o.s.
         Arsine                                 2.3  UN2188                   2.3, 2.1                        1  None          192         245        Forbidden   Forbidden  D                40
         Arsine, adsorbed                       2.3  UN3522            .....  2.3, 2.1                        1  None          302c        None       Forbidden   Forbidden  D
         Articles, explosive, extremely        1.6N  UN0486            .....  1.6N      .......................  None          62          None       Forbidden   Forbidden  03               25
          insensitive or Articles, EEI
   G     Articles, explosive, n.o.s.           1.4S  UN0349            .....  1.4S                101, 148, 382  None          62          None           25 kg      100 kg  01               25
   G     Articles, explosive, n.o.s.           1.4B  UN0350            .....  1.4B                          101  None          62          None       Forbidden   Forbidden  05               25
   G     Articles, explosive, n.o.s.           1.4C  UN0351            .....  1.4C                          101  None          62          None       Forbidden       75 kg  02               25
   G     Articles, explosive, n.o.s.           1.4D  UN0352            .....  1.4D                          101  None          62          None       Forbidden       75 kg  02               25
   G     Articles, explosive, n.o.s.           1.4G  UN0353            .....  1.4G                          101  None          62          None       Forbidden       75 kg  02               25
   G     Articles, explosive, n.o.s.           1.1L  UN0354            .....  1.1L                          101  None          62          None       Forbidden   Forbidden  02              25,
                                                                                                                                                                                            14E,
                                                                                                                                                                                             15E
   G     Articles, explosive, n.o.s.           1.2L  UN0355            .....  1.2L                          101  None          62          None       Forbidden   Forbidden  05              25,
                                                                                                                                                                                            14E,
                                                                                                                                                                                             15E
   G     Articles, explosive, n.o.s.           1.3L  UN0356            .....  1.3L                          101  None          62          None       Forbidden   Forbidden  05              25,
                                                                                                                                                                                            14E,
                                                                                                                                                                                             15E
   G     Articles, explosive, n.o.s.           1.1C  UN0462            .....  1.1C                          101  None          62          None       Forbidden   Forbidden  04               25
   G     Articles, explosive, n.o.s.           1.1D  UN0463            .....  1.1D                          101  None          62          None       Forbidden   Forbidden  04               25
   G     Articles, explosive, n.o.s.           1.1E  UN0464            .....  1.1E                          101  None          62          None       Forbidden   Forbidden  04               25
   G     Articles, explosive, n.o.s.           1.1F  UN0465            .....  1.1F                          101  None          62          None       Forbidden   Forbidden  05               25
   G     Articles, explosive, n.o.s.           1.2C  UN0466            .....  1.2C                          101  None          62          None       Forbidden   Forbidden  04               25
   G     Articles, explosive, n.o.s.           1.2D  UN0467            .....  1.2D                          101  None          62          None       Forbidden   Forbidden  04               25
   G     Articles, explosive, n.o.s.           1.2E  UN0468            .....  1.2E                          101  None          62          None       Forbidden   Forbidden  04               25

[[Page 174]]

 
   G     Articles, explosive, n.o.s.           1.2F  UN0469            .....  1.2F                          101  None          62          None       Forbidden   Forbidden  05               25
   G     Articles, explosive, n.o.s.           1.3C  UN0470            .....  1.3C                          101  None          62          None       Forbidden   Forbidden  04               25
   G     Articles, explosive, n.o.s.           1.4E  UN0471            .....  1.4E                          101  None          62          None       Forbidden       75 kg  03               25
   G     Articles, explosive, n.o.s.           1.4F  UN0472            .....  1.4F                          101  None          62          None       Forbidden   Forbidden  05               25
         Articles, pressurized pneumatic        2.2  UN3164            .....  2.2                           371  306           302, 304    None        No limit    No limit  A
          or hydraulic containing non-
          flammable gas
         Articles, pyrophoric                  1.2L  UN0380            .....  1.2L      .......................  None          62          None       Forbidden   Forbidden  05              25,
                                                                                                                                                                                            14E,
                                                                                                                                                                                            15E,
                                                                                                                                                                                             17E
         Articles, pyrotechnic for             1.1G  UN0428            .....  1.1G      .......................  None          62          None       Forbidden   Forbidden  03               25
          technical purposes
         Articles, pyrotechnic for             1.2G  UN0429            .....  1.2G      .......................  None          62          None       Forbidden   Forbidden  03               25
          technical purposes
         Articles, pyrotechnic for             1.3G  UN0430            .....  1.3G      .......................  None          62          None       Forbidden   Forbidden  03               25
          technical purposes
         Articles, pyrotechnic for             1.4G  UN0431            .....  1.4G                          381  None          62          None       Forbidden       75 kg  02               25
          technical purposes
         Articles, pyrotechnic for             1.4S  UN0432            .....  1.4S      .......................  None          62          None           25 kg      100 kg  01               25
          technical purposes
   D     Asbestos                                 9  NA2212             III   9              156, IB8, IP2, IP4  155           216         216, 240      200 kg      200 kg  A            34, 40
 G I     Asbestos, amphibole amosite,             9  UN2212              II   9         156, IB8, IP2, IP4, T3,  155           216         216, 240   Forbidden   Forbidden  A            34, 40
          tremolite, actinolite,                                                                           TP33
          anthophyllite, or crocidolite
   I     Asbestos, chrysotile                     9  UN2590             III   9         156, IB8, IP2, IP3, T1,  155           216         216, 240      200 kg      200 kg  A            34, 40
                                                                                                           TP33
         Ascaridole (organic peroxide)    Forbidden
   D     Asphalt, at or above its flash           3  NA1999             III   3                    IB3, T1, TP3  150           203         247        Forbidden   Forbidden  D
          point
   D     Asphalt, cut back, see Tars,
          liquid, etc
         Automobile, motorcycle,
          tractor, other self-propelled
          vehicle, engine, or other
          mechanical apparatus, see
          Vehicles or Battery etc
  A, G   Aviation regulated liquid,               9  UN3334            .....  9                       A35, A189  155           204         ........       450 L       450 L  A
          n.o.s

[[Page 175]]

 
  A, G   Aviation regulated solid, n.o.s          9  UN3335            .....  9                             A35  155           204         ........      400 kg      400 kg  A
         Azaurolic acid (salt of) (dry)   Forbidden
         Azido guanidine picrate (dry)    Forbidden
         5-Azido-1-hydroxy tetrazole      Forbidden
         Azido hydroxy tetrazole          Forbidden
          (mercury and silver salts)
         3-Azido-1,2-Propylene glycol     Forbidden
          dinitrate
         Azidodithiocarbonic acid         Forbidden
         Azidoethyl nitrate               Forbidden
         1-Aziridinylphosphine oxide-
          (tris), see Tris-(1-
          aziridinyl) phosphine oxide,
          solution
         Azodicarbonamide                       4.1  UN3242              II   4.1             38, IB8, T3, TP33  151           223         240        Forbidden   Forbidden  D            2, 52,
                                                                                                                                                                                          53, 74
         Azotetrazole (dry)               Forbidden
         Barium                                 4.3  UN1400              II   4.3          A19, IB7, IP2, IP21,  151           212         241            15 kg       50 kg  E           13, 52,
                                                                                             T3, TP33, W31, W40                                                                              148
         Barium alloys, pyrophoric              4.2  UN1854               I   4.2           T21, TP7, TP33, W31  None          181         None       Forbidden   Forbidden  D           13, 148
         Barium azide, dry or wetted           1.1A  UN0224            .....  1.1A,                    111, 117  None          62          None       Forbidden   Forbidden  05               25
          with less than 50 percent                                            6.1
          water, by mass
         Barium azide, wetted with not          4.1  UN1571               I   4.1, 6.1             162, A2, W31  None          182         None       Forbidden      0.5 kg  D            28, 36
          less than 50 percent water, by
          mass
         Barium bromate                         5.1  UN2719              II   5.1, 6.1  IB8, IP2, IP4, T3, TP33  152           212         242             5 kg       25 kg  A            56, 58
         Barium chlorate, solid                 5.1  UN1445              II   5.1, 6.1   A9, IB6, IP2, N34, T3,  152           212         242             5 kg       25 kg  A            56, 58
                                                                                                           TP33
         Barium chlorate, solution              5.1  UN3405              II   5.1, 6.1    A9, IB2, N34, T4, TP1  152           202         243              1 L         5 L  A           56, 58,
                                                                                                                                                                                             133
                                                                        III   5.1, 6.1    A9, IB2, N34, T4, TP1  152           203         242            2.5 L        30 L  A           56, 58,
                                                                                                                                                                                             133
   G     Barium compounds, n.o.s                6.1  UN1564              II   6.1       IB8, IP2, IP4, T3, TP33  153           212         242            25 kg      100 kg  A
                                                                        III   6.1            IB8, IP3, T1, TP33  153           213         240           100 kg      200 kg  A
         Barium cyanide                         6.1  UN1565               I   6.1       IB7, IP1, N74, N75, T6,  None          211         242             5 kg       50 kg  A            40, 52
                                                                                                      TP33, W31
         Barium hypochlorite with more          5.1  UN2741              II   5.1, 6.1   A7, A9, IB8, IP2, IP4,  152           212         None            5 kg       25 kg  B            4, 52,
          than 22 percent available                                                               N34, T3, TP33                                                                          56, 58,
          chlorine                                                                                                                                                                           106
         Barium nitrate                         5.1  UN1446              II   5.1, 6.1  IB8, IP2, IP4, T3, TP33  152           212         242             5 kg       25 kg  A
         Barium oxide                           6.1  UN1884             III   6.1            IB8, IP3, T1, TP33  153           213         240           100 kg      200 kg  A
         Barium perchlorate, solid              5.1  UN1447              II   5.1, 6.1       IB6, IP2, T3, TP33  152           212         242             5 kg       25 kg  A            56, 58
         Barium perchlorate, solution           5.1  UN3406              II   5.1, 6.1             IB2, T4, TP1  152           202         243              1 L         5 L  A           56, 58,
                                                                                                                                                                                             133
                                                                        III   5.1, 6.1             IB2, T4, TP1  152           203         242            2.5 L        30 L  A           56, 58,
                                                                                                                                                                                             133

[[Page 176]]

 
         Barium permanganate                    5.1  UN1448              II   5.1, 6.1       IB6, IP2, T3, TP33  152           212         242             5 kg       25 kg  D           56, 58,
                                                                                                                                                                                             138
         Barium peroxide                        5.1  UN1449              II   5.1, 6.1  A9, IB6, IP2, T3, TP33,  152           212         242             5 kg       25 kg  C           13, 52,
                                                                                                           W100                                                                          66, 75,
                                                                                                                                                                                             148
         Barium selenate, see Selenates
          or Selenites
         Barium selenite, see Selenates
          or Selenites
         Batteries, containing sodium           4.3  UN3292            .....  4.3       .......................  189           189         189        Forbidden    No limit  A           13, 148
         Batteries, dry, containing               8  UN3028                   8                             237  None          213         None           25 kg      230 kg  A                52
          potassium hydroxide solid,
          electric storage
         Batteries, dry, sealed, n.o.s.                                                                     130
   W     Batteries, nickel-metal hydride          9  UN3496            .....  9                             340  ............  ..........  ........  ..........  ..........  A                25
          see Batteries, dry, sealed,
          n.o.s. for nickel-metal
          hydride batteries transported
          by modes other than vessel
         Batteries, wet, filled with              8  UN2794            .....  8                             A51  159           159         159            30 kg    No limit  A               146
          acid, electric storage
         Batteries, wet, filled with              8  UN2795            .....  8                             A51  159           159         159            30 kg    No limit  A           52, 146
          alkali, electric storage
         Batteries, wet, non-spillable,           8  UN2800            .....  8         .......................  159a          159         159         No limit    No limit  A
          electric storage
         Battery fluid, acid                      8  UN2796              II   8           A3, A7, B2, B15, IB2,  154           202         242              1 L        30 L  B
                                                                                               N6, N34, T8, TP2
         Battery fluid, alkali                    8  UN2797              II   8           B2, IB2, N6, T7, TP2,  154           202         242              1 L        30 L  A                29
                                                                                                           TP28
         Battery lithium type, see
          Lithium batteries etc
         Battery-powered vehicle or               9  UN3171                   9                             134  220           220         None        No limit    No limit  A
          Battery-powered equipment
         Battery, wet, filled with acid
          or alkali with vehicle or
          mechanical equipment
          containing an internal
          combustion engine, see
          Vehicle, etc. or Engines,
          internal combustion, etc

[[Page 177]]

 
   +     Benzaldehyde                             9  UN1990             III   9                    IB3, T2, TP1  155           203         241            100 L       220 L  A
         Benzene                                  3  UN1114              II   3                    IB2, T4, TP1  150           202         242              5 L        60 L  B                40
         Benzene diazonium chloride       Forbidden
          (dry)
         Benzene diazonium nitrate (dry)  Forbidden
         Benzene phosphorus dichloride,
          see Phenyl phosphorus
          dichloride
         Benzene phosphorus
          thiodichloride, see Phenyl
          phosphorus thiodichloride
         Benzene sulfonyl chloride                8  UN2225             III   8                    IB3, T4, TP1  154           203         241              5 L        60 L  A                40
         Benzene triozonide               Forbidden
         Benzenethiol, see Phenyl
          mercaptan
         Benzidine                              6.1  UN1885              II   6.1       IB8, IP2, IP4, T3, TP33  153           212         242            25 kg      100 kg  A
         1, 3, 2-Benzodioxaborole         .........  ................  .....  ........                     A210
         Benzol, see Benzene
         Benzonitrile                           6.1  UN2224              II   6.1                  IB2, T7, TP2  153           202         243              5 L        60 L  A            40, 52
         Benzoquinone                           6.1  UN2587              II   6.1       IB8, IP2, IP4, T3, TP33  153           212         242            25 kg      100 kg  A
         Benzotrichloride                         8  UN2226              II   8                B2, IB2, T7, TP2  154           202         242              1 L        30 L  A                40
         Benzotrifluoride                         3  UN2338              II   3                    IB2, T4, TP1  150           202         242              5 L        60 L  B                40
         Benzoxidiazoles (dry)            Forbidden
         Benzoyl azide                    Forbidden
         Benzoyl chloride                         8  UN1736              II   8          B2, IB2, T8, TP2, TP13  154           202         242              1 L        30 L  C                40
         Benzyl bromide                         6.1  UN1737              II   6.1, 8     A3, A7, IB2, N33, N34,  None          202         243              1 L        30 L  D           13, 40.
                                                                                                  T8, TP2, TP13
         Benzyl chloride                        6.1  UN1738              II   6.1, 8     A3, A7, B70, IB2, N33,  None          202         243              1 L        30 L  D           13, 40.
                                                                                             N42, T8, TP2, TP13
         Benzyl chloride unstabilized           6.1  UN1738              II   6.1, 8      A3, A7, B8, B11, IB2,  153           202         243              1 L        30 L  D            13, 40
                                                                                        N33, N34, N43, T8, TP2,
                                                                                                           TP13
         Benzyl chloroformate                     8  UN1739               I   8           A3, A6, B4, N41, T10,  None          201         243        Forbidden       2.5 L  D                40
                                                                                                      TP2, TP13
         Benzyl iodide                          6.1  UN2653              II   6.1                  IB2, T7, TP2  153           202         243              5 L        60 L  B            12, 40
         Benzyldimethylamine                      8  UN2619              II   8, 3             B2, IB2, T7, TP2  154           202         243              1 L        30 L  A            25, 40
         Benzylidene chloride                   6.1  UN1886              II   6.1                  IB2, T7, TP2  153           202         243              5 L        60 L  D                40
   G     Beryllium compounds, n.o.s             6.1  UN1566              II   6.1       IB8, IP2, IP4, T3, TP33  153           212         242            25 kg      100 kg  A
                                                                        III   6.1            IB8, IP3, T1, TP33  153           213         240           100 kg      200 kg  A
         Beryllium nitrate                      5.1  UN2464              II   5.1, 6.1  IB8, IP2, IP4, T3, TP33  152           212         242             5 kg       25 kg  A
         Beryllium, powder                      6.1  UN1567              II   6.1, 4.1       IB8, IP2, IP4, T3,  153           212         242            15 kg       50 kg  A               13,
                                                                                                     TP33, W100                                                                             147,
                                                                                                                                                                                             148
         Bicyclo [2,2,1] hepta-2,5-               3  UN2251              II   3               387, IB2, T7, TP2  150           202         242              5 L        60 L  D                25
          diene, stabilized or 2,5-
          Norbornadiene, stabilized
         Biological substance, Category         6.2  UN3373                                                 A82  134           199         None        4 L or 4    4 L or 4  A                40
          B                                                                                                                                                  kg          kg
         Biphenyl triozonide              Forbidden
         Bipyridilium pesticides,                 3  UN2782               I   3, 6.1       T14, TP2, TP13, TP27  None          201         243        Forbidden        30 L  E
          liquid, flammable, toxic,
          flash point less than 23
          degrees C

[[Page 178]]

 
                                                                         II   3, 6.1       IB2, T11, TP2, TP13,  150           202         243              1 L        60 L  B                40
                                                                                                           TP27
         Bipyridilium pesticides,               6.1  UN3016               I   6.1          T14, TP2, TP13, TP27  None          201         243              1 L        30 L  B                40
          liquid, toxic
                                                                         II   6.1          IB2, T11, TP2, TP13,  153           202         243              5 L        60 L  B                40
                                                                                                           TP27
                                                                        III   6.1            IB3, T7, TP2, TP28  153           203         241             60 L       220 L  A                40
         Bipyridilium pesticides,               6.1  UN3015               I   6.1, 3       T14, TP2, TP13, TP27  None          201         243              1 L        30 L  B            21, 40
          liquid, toxic, flammable,
          flash point not less than 23
          degrees C
                                                                         II   6.1, 3       IB2, T11, TP2, TP13,  153           202         243              5 L        60 L  B            21, 40
                                                                                                           TP27
                                                                        III   6.1, 3     B1, IB3, T7, TP2, TP28  153           203         242             60 L       220 L  A            21, 40
         Bipyridilium pesticides, solid,        6.1  UN2781               I   6.1            IB7, IP1, T6, TP33  None          211         242             5 kg       50 kg  A                40
          toxic
                                                                         II   6.1       IB8, IP2, IP4, T3, TP33  153           212         242            25 kg      100 kg  A                40
                                                                        III   6.1            IB8, IP3, T1, TP33  153           213         240           100 kg      200 kg  A                40
         Bis (Aminopropyl) piperazine,
          see Corrosive liquid, n.o.s.
         Bisulfate, aqueous solution              8  UN2837              II   8           A7, B2, IB2, N34, T7,  154           202         242              1 L        30 L  A
                                                                                                            TP2
                                                                        III   8           A7, IB3, N34, T4, TP1  154           203         241              5 L        60 L  A
         Bisulfites, aqueous solutions,           8  UN2693             III   8              IB3, T7, TP1, TP28  154           203         241              5 L        60 L  A            40, 52
          n.o.s.
         Black powder, compressed or           1.1D  UN0028            .....  1.1D      .......................  None          62          None       Forbidden   Forbidden  04               25
          Gunpowder, compressed or Black
          powder, in pellets or
          Gunpowder, in pellets
         Black powder or Gunpowder,            1.1D  UN0027            .....  1.1D      .......................  None          62          None       Forbidden   Forbidden  04               25
          granular or as a meal
   D     Black powder for small arms            4.1  NA0027               I   4.1                            70  None          170         None       Forbidden   Forbidden  E
         Blasting agent, n.o.s., see
          Explosives, blasting etc
         Blasting cap assemblies, see
          Detonator assemblies, non-
          electric, for blasting
         Blasting caps, electric, see
          Detonators, electric for
          blasting
         Blasting caps, non-electric,
          see Detonators, non-electric,
          for blasting

[[Page 179]]

 
         Bleaching powder, see Calcium
          hypochlorite mixtures, etc
         Bombs, photo-flash                    1.1F  UN0037            .....  1.1F      .......................  ............  62          None       Forbidden   Forbidden  05               25
         Bombs, photo-flash                    1.1D  UN0038            .....  1.1D      .......................  ............  62          62         Forbidden   Forbidden  04               25
         Bombs, photo-flash                    1.2G  UN0039            .....  1.2G      .......................  ............  62          62         Forbidden   Forbidden  03               25
         Bombs, photo-flash                    1.3G  UN0299            .....  1.3G      .......................  ............  62          62         Forbidden   Forbidden  03               25
         Bombs, smoke, non-explosive,             8  UN2028              II   8                                  None          160         None       Forbidden       50 kg  E                40
          with corrosive liquid, without
          initiating device
         Bombs, with bursting charge           1.1F  UN0033            .....  1.1F      .......................  ............  62          None       Forbidden   Forbidden  05               25
         Bombs, with bursting charge           1.1D  UN0034            .....  1.1D      .......................  ............  62          62         Forbidden   Forbidden  04               25
         Bombs, with bursting charge           1.2D  UN0035            .....  1.2D      .......................  ............  62          62         Forbidden   Forbidden  04               25
         Bombs, with bursting charge           1.2F  UN0291            .....  1.2F      .......................  ............  62          None       Forbidden   Forbidden  05               25
         Bombs with flammable liquid,          1.1J  UN0399            .....  1.1J      .......................  ............  62          None       Forbidden   Forbidden  05          25, 23E
          with bursting charge
         Bombs with flammable liquid,          1.2J  UN0400            .....  1.2J      .......................  ............  62          None       Forbidden   Forbidden  05          25, 23E
          with bursting charge
         Boosters with detonator               1.1B  UN0225            .....  1.1B      .......................  None          62          None       Forbidden   Forbidden  05               25
         Boosters with detonator               1.2B  UN0268            .....  1.2B      .......................  None          62          None       Forbidden   Forbidden  05               25
         Boosters, without detonator           1.1D  UN0042            .....  1.1D                          148  None          62          None       Forbidden   Forbidden  04               25
         Boosters, without detonator           1.2D  UN0283            .....  1.2D      .......................  None          62          None       Forbidden   Forbidden  04               25
         Borate and chlorate mixtures,
          see Chlorate and borate
          mixtures
         Borneol                                4.1  UN1312             III   4.1        A1, IB8, IP3, T1, TP33  None          213         240            25 kg      100 kg  A
   +     Boron tribromide                         8  UN2692               I   8, 6.1      2, B9, B14, B32, N34,  None          227         244        Forbidden   Forbidden  C            12, 25
                                                                                          T20, TP2, TP13, TP38,
                                                                                                           TP45
         Boron trichloride                      2.3  UN1741                   2.3, 8                 3, B9, B14  None          304         314        Forbidden   Forbidden  D            25, 40
         Boron trifluoride                      2.3  UN1008            .....  2.3, 8            2, 238, B9, B14  None          302         314, 315   Forbidden   Forbidden  D                40
         Boron trifluoride acetic acid            8  UN1742              II   8            B2, B6, IB2, T8, TP2  154           202         242              1 L        30 L  A
          complex, liquid
         Boron trifluoride acetic acid            8  UN3419              II   8          B2, B6, IB8, IP2, IP4,  154           212         240            15 kg       50 kg  A
          complex, solid                                                                               T3, TP33
         Boron trifluoride, adsorbed            2.3  UN3519            .....  2.3, 8                 2, B9, B14  None          302c        None       Forbidden   Forbidden  D                40
         Boron trifluoride diethyl                8  UN2604               I   8, 3       A3, A19, T10, TP2, W31  None          201         243            0.5 L       2.5 L  D                40
          etherate
         Boron trifluoride dihydrate              8  UN2851              II   8                    IB2, T7, TP2  154           212         240            15 kg       50 kg  B           12, 25,
                                                                                                                                                                                              40
         Boron trifluoride dimethyl             4.3  UN2965               I   4.3, 8,       A19, T10, TP2, TP7,  None          201         243        Forbidden         1 L  D           21, 25,
          etherate                                                             3                      TP13, W31                                                                          40, 49,
                                                                                                                                                                                             100
         Boron trifluoride propionic              8  UN1743              II   8                B2, IB2, T8, TP2  154           202         242              1 L        30 L  A
          acid complex, liquid
         Boron trifluoride propionic              8  UN3420              II   8          B2, IB8, IP2, IP4, T3,  154           212         240            15 kg       50 kg  A
          acid complex, solid                                                                              TP33
         Box toe gum, see Nitrocellulose
          etc
   G     Bromates, inorganic, aqueous           5.1  UN3213              II   5.1             350, IB2, T4, TP1  152           202         242              1 L         5 L  B           56, 58,
          solution, n.o.s                                                                                                                                                                    133
                                                                        III   5.1             350, IB2, T4, TP1  152           203         241            2.5 L        30 L  B           56, 58,
                                                                                                                                                                                             133

[[Page 180]]

 
   G     Bromates, inorganic, n.o.s             5.1  UN1450              II   5.1       350, IB8, IP2, IP4, T3,  152           212         242             5 kg       25 kg  A            56, 58
                                                                                                           TP33
   +     Bromine                                  8  UN1744               I   8, 6.1      1, B9, B85, N34, N43,  None          226         249        Forbidden   Forbidden  D           12, 25,
                                                                                           T22, TP2, TP10, TP13                                                                          40, 66,
                                                                                                                                                                                         74, 89,
                                                                                                                                                                                              90
         Bromine azide                    Forbidden
         Bromine chloride                       2.3  UN2901                   2.3, 8,           2, B9, B14, N86  None          304         314, 315   Forbidden   Forbidden  D           40, 89,
                                                                               5.1                                                                                                            90
   +     Bromine pentafluoride                  5.1  UN1745               I   5.1,        1, B9, B14, B30, T22,  None          228         244        Forbidden   Forbidden  D           25, 40,
                                                                               6.1, 8     TP2, TP13, TP38, TP44                                                                           66, 90
   +     Bromine solutions                        8  UN1744               I   8, 6.1      1, B9, B85, N34, N43,  None          226         249        Forbidden   Forbidden  D           12, 25,
                                                                                           T22, TP2, TP10, TP13                                                                          40, 66,
                                                                                                                                                                                         74, 89,
                                                                                                                                                                                              90
   +     Bromine solutions                        8  UN1744               I   8, 6.1      2, B9, B85, N34, N43,  None          227         249        Forbidden   Forbidden  D           12, 25,
                                                                                           T22, TP2, TP10, TP13                                                                          40, 66,
                                                                                                                                                                                         74, 89,
                                                                                                                                                                                              90
   +     Bromine trifluoride                    5.1  UN1746               I   5.1,        2, B9, B14, B32, T22,  None          228         244        Forbidden   Forbidden  D           25, 40,
                                                                               6.1, 8     TP2, TP13, TP38, TP45                                                                           66, 90
         4-Bromo-1,2-dinitrobenzene       Forbidden
         4-Bromo-1,2-dinitrobenzene       Forbidden
          (unstable at 59 degrees C)
         1-Bromo-3-chloropropane                6.1  UN2688             III   6.1                  IB3, T4, TP1  153           203         241             60 L       220 L  A
         1-Bromo-3-methylbutane                   3  UN2341             III   3                B1, IB3, T2, TP1  150           203         242             60 L       220 L  A
         1-Bromo-3-nitrobenzene           Forbidden
          (unstable at 56 degrees C)
         2-Bromo-2-nitropropane-1,3-diol        4.1  UN3241             III   4.1                  46, IB8, IP3  151           213         None           25 kg       50 kg  C           12, 25,
                                                                                                                                                                                              40
         Bromoacetic acid, solid                  8  UN3425              II   8         A7, IB8, IP2, IP4, N34,  154           212         240            15 kg       50 kg  A
                                                                                                       T3, TP33
         Bromoacetic acid solution                8  UN1938              II   8            A7, B2, IB2, T7, TP2  154           202         242              1 L        30 L  A                40
                                                                        III   8                B2, IB3, T7, TP2  154           203         241              5 L        60 L  A                40
   +     Bromoacetone                           6.1  UN1569              II   6.1, 3          2, T20, TP2, TP13  None          193         245        Forbidden   Forbidden  D                40
         Bromoacetyl bromide                      8  UN2513              II   8                B2, IB2, T8, TP2  154           202         242              1 L        30 L  C            40, 53

[[Page 181]]

 
         Bromobenzene                             3  UN2514             III   3                B1, IB3, T2, TP1  150           203         242             60 L       220 L  A
         Bromobenzyl cyanides, liquid           6.1  UN1694               I   6.1           T14, TP2, TP13, W31  None          201         243        Forbidden        30 L  D           12, 25,
                                                                                                                                                                                          40, 52
         Bromobenzyl cyanides, solid            6.1  UN3449               I   6.1                 T6, TP33, W31  None          211         242             5 kg       50 kg  D           12, 25,
                                                                                                                                                                                          40, 52
         1-Bromobutane                            3  UN1126              II   3                    IB2, T4, TP1  150           202         242              5 L        60 L  B                40
         2-Bromobutane                            3  UN2339              II   3                B1, IB2, T4, TP1  150           202         242              5 L        60 L  B                40
         Bromochloromethane                     6.1  UN1887             III   6.1                  IB3, T4, TP1  153           203         241             60 L       220 L  A
         2-Bromoethyl ethyl ether                 3  UN2340              II   3                    IB2, T4, TP1  150           202         242              5 L        60 L  B                40
         Bromoform                              6.1  UN2515             III   6.1                  IB3, T4, TP1  153           203         241             60 L       220 L  A           12, 25,
                                                                                                                                                                                              40
         Bromomethylpropanes                      3  UN2342              II   3                    IB2, T4, TP1  150           202         242              5 L        60 L  B
         2-Bromopentane                           3  UN2343              II   3                    IB2, T4, TP1  150           202         242              5 L        60 L  B
         Bromopropanes                            3  UN2344              II   3                    IB2, T4, TP1  150           202         242              5 L        60 L  B                40
                                                                        III   3                    IB3, T2, TP1  150           203         242             60 L       220 L  A
         3-Bromopropyne                           3  UN2345              II   3                    IB2, T4, TP1  150           202         242              5 L        60 L  D                40
         Bromosilane                      Forbidden
         Bromotoluene-alpha, see Benzyl
          bromide
         Bromotrifluoroethylene                 2.1  UN2419                   2.1                                None          304         314, 315   Forbidden      150 kg  B                40
         Bromotrifluoromethane or               2.2  UN1009                   2.2                           T50  306           304         314, 315       75 kg      150 kg  A
          Refrigerant gas, R 13B1.
         Brucine                                6.1  UN1570               I   6.1            IB7, IP1, T6, TP33  None          211         242             5 kg       50 kg  A
         Bursters, explosive                   1.1D  UN0043            .....  1.1D      .......................  None          62          None       Forbidden   Forbidden  04               25
         Butadienes, stabilized or              2.1  UN1010            .....  2.1                      387, T50  306           304         314, 315   Forbidden      150 kg  B            25, 40
          Butadienes and Hydrocarbon
          mixture, stabilized containing
          more than 40% butadienes
         Butane see also Petroleum              2.1  UN1011                   2.1                       19, T50  306           304         314, 315   Forbidden      150 kg  E                40
          gases, liquefied
         Butane, butane mixtures and
          mixtures having similar
          properties in cartridges each
          not exceeding 500 grams, see
          Receptacles, etc
         Butanedione                              3  UN2346              II   3                    IB2, T4, TP1  150           202         242              5 L        60 L  B
         1,2,4-Butanetriol trinitrate     Forbidden
         Butanols                                 3  UN1120              II   3              IB2, T4, TP1, TP29  150           202         242              5 L        60 L  B
                                                                        III   3                B1, IB3, T2, TP1  150           203         242             60 L       220 L  A
         tert-Butoxycarbonyl azide        Forbidden
         Butyl acetates                           3  UN1123              II   3                    IB2, T4, TP1  150           202         242              5 L        60 L  B
                                                                        III   3                B1, IB3, T2, TP1  150           203         242             60 L       220 L  A
         Butyl acid phosphate                     8  UN1718             III   8                    IB3, T4, TP1  154           203         241              5 L        60 L  A
         Butyl acrylates, stabilized              3  UN2348             III   3           387, B1, IB3, T2, TP1  150           203         242             60 L       220 L  C                25
         Butyl alcohols, see Butanols
         Butyl benzenes                           3  UN2709             III   3                B1, IB3, T2, TP2  150           203         242             60 L       220 L  A
         n-Butyl bromide, see 1-
          Bromobutane
         n-Butyl chloride, see
          Chlorobutanes

[[Page 182]]

 
         n-Butyl chloroformate                  6.1  UN2743               I   6.1, 8,     2, B9, B14, B32, T20,  None          227         244        Forbidden   Forbidden  A           12, 13,
                                                                               3          TP2, TP13, TP38, TP45                                                                          21, 25,
                                                                                                                                                                                         40, 100
         Butyl ethers, see Dibutyl
          ethers
         Butyl ethyl ether, see Ethyl
          butyl ether
         n-Butyl formate                          3  UN1128              II   3                    IB2, T4, TP1  150           202         242              5 L        60 L  B
         tert-Butyl hydroperoxide, with   Forbidden
          more than 90 percent with
          water
         tert-Butyl hypochlorite                4.2  UN3255               I   4.2, 8    .......................  None          211         243        Forbidden   Forbidden  D                40
         N-n-Butyl imidazole                    6.1  UN2690              II   6.1                  IB2, T7, TP2  153           202         243              5 L        60 L  A
         tert-Butyl isocyanate                  6.1  UN2484               I   6.1, 3      1, B9, B14, B30, T20,  None          226         244        Forbidden   Forbidden  D                40
                                                                                          TP2, TP13, TP38, TP44
         n-Butyl isocyanate                     6.1  UN2485               I   6.1, 3      2, B9, B14, B32, B77,  None          227         244        Forbidden   Forbidden  D                40
                                                                                          T20, TP2, TP13, TP38,
                                                                                                           TP45
         Butyl mercaptan                          3  UN2347              II   3            A3, A6, IB2, T4, TP1  150           202         242              5 L        60 L  D           52, 95,
                                                                                                                                                                                             102
         n-Butyl methacrylate,                    3  UN2227             III   3           387, B1, IB3, T2, TP1  150           203         242             60 L       220 L  C                25
          stabilized
         Butyl methyl ether                       3  UN2350              II   3                    IB2, T4, TP1  150           202         242              5 L        60 L  B
         Butyl nitrites                           3  UN2351               I   3             T11, TP1, TP8, TP27  150           201         243              1 L        30 L  E                40
                                                                         II   3                    IB2, T4, TP1  150           202         242              5 L        60 L  B                40
                                                                        III   3                B1, IB3, T2, TP1  150           203         242             60 L       220 L  A                40
         tert-Butyl peroxyacetate, with   Forbidden
          more than 76 percent in
          solution
         n-Butyl peroxydicarbonate, with  Forbidden
          more than 52 percent in
          solution
         tert-Butyl peroxyisobutyrate,    Forbidden
          with more than 77 percent in
          solution
         Butyl phosphoric acid, see
          Butyl acid phosphate
         Butyl propionates                        3  UN1914             III   3                B1, IB3, T2, TP1  150           203         242             60 L       220 L  A
         5-tert-Butyl-2,4,6-trinitro-m-         4.1  UN2956             III   4.1                           159  None          223         None       Forbidden   Forbidden  D           12, 25,
          xylene or Musk xylene                                                                                                                                                          40, 127
         Butyl vinyl ether, stabilized            3  UN2352              II   3               387, IB2, T4, TP1  150           202         242              5 L        60 L  C            25, 40
         n-Butylamine                             3  UN1125              II   3, 8                 IB2, T7, TP1  150           202         242              1 L         5 L  B                40
         N-Butylaniline                         6.1  UN2738              II   6.1                  IB2, T7, TP2  153           202         243              5 L        60 L  A                74

[[Page 183]]

 
         tert-                                  6.1  UN2747             III   6.1                  IB3, T4, TP1  153           203         241             60 L       220 L  A           12, 13,
          Butylcyclohexylchloroformate                                                                                                                                                        25
         Butylene see also Petroleum            2.1  UN1012                   2.1                       19, T50  306           304         314, 315   Forbidden      150 kg  E                40
          gases, liquefied
         1,2-Butylene oxide, stabilized           3  UN3022              II   3               387, IB2, T4, TP1  150           202         242              5 L        60 L  C           25, 27,
                                                                                                                                                                                              49
         Butyltoluenes                          6.1  UN2667             III   6.1                  IB3, T4, TP1  153           203         241             60 L       220 L  A
         Butyltrichlorosilane                     8  UN1747              II   8, 3        A7, B2, B6, N34, T10,  None          206         243        Forbidden        30 L  C                40
                                                                                                 TP2, TP7, TP13
         1,4-Butynediol                         6.1  UN2716             III   6.1        A1, IB8, IP3, T1, TP33  None          213         240           100 kg      200 kg  C           52, 53,
                                                                                                                                                                                              70
         Butyraldehyde                            3  UN1129              II   3                    IB2, T4, TP1  150           202         242              5 L        60 L  B
         Butyraldoxime                            3  UN2840             III   3                B1, IB3, T2, TP1  150           203         242             60 L       220 L  A
         Butyric acid                             8  UN2820             III   8                    IB3, T4, TP1  154           203         241              5 L        60 L  A            12, 25
         Butyric anhydride                        8  UN2739             III   8                    IB3, T4, TP1  154           203         241              5 L        60 L  A
         Butyronitrile                            3  UN2411              II   3, 6.1         IB2, T7, TP1, TP13  150           202         243              1 L        60 L  E                40
         Butyryl chloride                         3  UN2353              II   3, 8           IB2, T8, TP2, TP13  150           202         243              1 L         5 L  C                40
         Cacodylic acid                         6.1  UN1572              II   6.1        IB8, IP2, IP4,T3, TP33  153           212         242            25 kg      100 kg  E                52
   G     Cadmium compounds                      6.1  UN2570               I   6.1            IB7, IP1, T6, TP33  None          211         242             5 kg       50 kg  A
                                                                         II   6.1       IB8, IP2, IP4, T3, TP33  153           212         242            25 kg      100 kg  A
                                                                        III   6.1            IB8, IP3, T1, TP33  153           213         240           100 kg      200 kg  A
         Caesium hydroxide                        8  UN2682              II   8         IB8, IP2, IP4, T3, TP33  154           212         240            15 kg       50 kg  A           29, 52.
         Caesium hydroxide solution               8  UN2681              II   8                B2, IB2, T7, TP2  154           202         242              1 L        30 L  A            29, 52
                                                                        III   8                    IB3, T4, TP1  154           203         241              5 L        60 L  A            29, 52
         Calcium                                4.3  UN1401              II   4.3           IB7, IP2, IP21, T3,  151           212         241            15 kg        50kg  E           13, 52,
                                                                                                 TP33, W31, W40                                                                              148
         Calcium arsenate                       6.1  UN1573              II   6.1       IB8, IP2, IP4, T3, TP33  153           212         242            25 kg      100 kg  A
         Calcium arsenate and calcium           6.1  UN1574              II   6.1       IB8, IP2, IP4, T3, TP33  153           212         242            25 kg      100 kg  A
          arsenite, mixtures, solid
         Calcium bisulfite solution, see
          Bisulfites, aqueous solutions,
          n.o.s.
         Calcium carbide                        4.3  UN1402               I   4.3        A1, A8, B55, B59, IB4,  None          211         242        Forbidden       15 kg  B           13, 52,
                                                                                             IP1, N34, T9, TP7,                                                                              148
                                                                                                      TP33, W32
                                                                         II   4.3        A1, A8, B55, B59, IB7,  151           212         241            15 kg       50 kg  B           13, 52,
                                                                                            IP2, IP21, N34, T3,                                                                              148
                                                                                                 TP33, W31, W40
         Calcium chlorate                       5.1  UN1452              II   5.1       A9, IB8, IP2, IP4, N34,  152           212         242             5 kg       25 kg  A            56, 58
                                                                                                       T3, TP33
         Calcium chlorate aqueous               5.1  UN2429              II   5.1         A2, IB2, N41, T4, TP1  152           202         242              1 L         5 L  B           56, 58,
          solution                                                                                                                                                                           133
                                                                        III   5.1         A2, IB2, N41, T4, TP1  152           203         241            2.5 L        30 L  B           56, 68,
                                                                                                                                                                                             133
         Calcium chlorite                       5.1  UN1453              II   5.1       A9, IB8, IP2, IP4, N34,  152           212         242             5 kg       25 kg  A            56, 58
                                                                                                       T3, TP33
         Calcium cyanamide with more            4.3  UN1403             III   4.3        A1, A19, IB8, IP4, T1,  151           213         241            25 kg      100 kg  A           13, 52,
          than 0.1 percent of calcium                                                            TP33, W31, W40                                                                              148
          carbide
         Calcium cyanide                        6.1  UN1575               I   6.1       IB7, IP1, N79, N80, T6,  None          211         242             5 kg       50 kg  A            40, 52
                                                                                                      TP33, W31

[[Page 184]]

 
         Calcium dithionite or Calcium          4.2  UN1923              II   4.2       A19, A20, IB6, IP2, T3,  None          212         241            15 kg       50 kg  E                13
          hydrosulfite                                                                                TP33, W31
         Calcium hydride                        4.3  UN1404               I   4.3                 A19, N40, W32  None          211         242        Forbidden       15 kg  E           13, 52,
                                                                                                                                                                                             148
         Calcium hydrosulfite, see
          Calcium dithionite
         Calcium hypochlorite, dry,             5.1  UN3485              II   5.1, 8     165, 166, A7, A9, IB8,  152           212         None            5 kg       25 kg  D            4, 25,
          corrosive or Calcium                                                          IP2, IP4, IP13, N34, W9                                                                          52, 56,
          hypochlorite mixture, dry,                                                                                                                                                     58, 69,
          corrosive with more than 39%                                                                                                                                                       142
          available chlorine (8.8%
          available oxygen)
         Calcium hypochlorite, dry or           5.1  UN1748              II   5.1        165, 166, A7, A9, IB8,  152           212         None            5 kg       25 kg  D            4, 25,
          Calcium hypochlorite mixture                                                  IP2, IP4, IP13, N34, W9                                                                          52, 56,
          dry with more than 39%                                                                                                                                                         58, 69,
          available chlorine (8.8%                                                                                                                                                           142
          available oxygen)
                                                                        III   5.1        165, 171, A7, A9, IB8,  152           213         240            25 kg      100 kg  D            4, 25,
                                                                                             IP4, IP13, N34, W9                                                                          52, 56,
                                                                                                                                                                                         58, 69,
                                                                                                                                                                                             142
         Calcium hypochlorite, hydrated,        5.1  UN3487              II   5.1, 8        165, IB8, IP2, IP4,  152           212         240             5 kg       25 kg  D            4, 25,
          corrosive or Calcium                                                                         IP13, W9                                                                          52, 56,
          hypochlorite, hydrated                                                                                                                                                         58, 69,
          mixture, corrosive with not                                                                                                                                                        142
          less than 5.5% but not more
          than 16% water
                                                                        III   5.1, 8          165, IB8, IP4, W9  152           213         240            25 kg      100 kg  D            4, 25,
                                                                                                                                                                                         52, 56,
                                                                                                                                                                                         58, 69,
                                                                                                                                                                                             142
         Calcium hypochlorite, hydrated         5.1  UN2880              II   5.1           165, IB8, IP2, IP4,  152           212         240             5 kg       25 kg  D            4, 25,
          or Calcium hypochlorite,                                                                     IP13, W9                                                                          52, 56,
          hydrated mixture, with not                                                                                                                                                     58, 69,
          less than 5.5% but not more                                                                                                                                                        142
          than 16% water
                                                                        III   5.1           165, 171, IB8, IP4,  152           213         240            25 kg      100 kg  D            4, 25,
                                                                                                       IP13, W9                                                                          52, 56,
                                                                                                                                                                                         58, 69,
                                                                                                                                                                                             142

[[Page 185]]

 
         Calcium hypochlorite mixture,          5.1  UN3486             III   5.1, 8    165, A1, A29, IB8, IP3,  152           213         240             5 kg       25 kg  D            4, 25,
          dry, corrosive with more than                                                      IP13, N34, W9, W10                                                                          52, 56,
          10% but not more than 39%                                                                                                                                                      58, 69,
          available chlorine                                                                                                                                                                 142
         Calcium hypochlorite mixture,          5.1  UN2208             III   5.1       165, A1, A29, IB8, IP3,  152           213         240            25 kg      100 kg  D            4, 25,
          dry, with more than 10% but                                                        IP13, N34, W9, W10                                                                          52, 56,
          not more than 39% available                                                                                                                                                    58, 69,
          chlorine                                                                                                                                                                           142
         Calcium manganese silicon              4.3  UN2844             III   4.3        A1, A19, IB8, IP4, T1,  151           213         241            25 kg      100 kg  A           13, 52,
                                                                                                      TP33, W31                                                                              85,
                                                                                                                                                                                            103,
                                                                                                                                                                                             148
         Calcium nitrate                        5.1  UN1454             III   5.1       34, B120, IB8, IP3, T1,  152           213         240            25 kg      100 kg  A           .......
                                                                                                           TP33
   A     Calcium oxide                            8  UN1910             III   8              IB8, IP3, T1, TP33  154           213         240            25 kg      100 kg  A
         Calcium perchlorate                    5.1  UN1455              II   5.1            IB6, IP2, T3, TP33  152           212         242             5 kg       25 kg  A            56, 58
         Calcium permanganate                   5.1  UN1456              II   5.1            IB6, IP2, T3, TP33  152           212         242             5 kg       25 kg  D           56, 58,
                                                                                                                                                                                             138
         Calcium peroxide                       5.1  UN1457              II   5.1           IB6, IP2, T3, TP33,  152           212         242             5 kg       25 kg  C           13, 52,
                                                                                                           W100                                                                          66, 75,
                                                                                                                                                                                             148
         Calcium phosphide                      4.3  UN1360               I   4.3, 6.1        A8, A19, N40, W32  None          211         242        Forbidden       15 kg  E           13, 40,
                                                                                                                                                                                         52, 85,
                                                                                                                                                                                             148
         Calcium, pyrophoric or Calcium         4.2  UN1855               I   4.2                           W31  None          187         None       Forbidden   Forbidden  D           13, 148
          alloys, pyrophoric
         Calcium resinate                       4.1  UN1313             III   4.1        A1, A19, IB6, T1, TP33  None          213         240            25 kg      100 kg  A
         Calcium resinate, fused                4.1  UN1314             III   4.1        A1, A19, IB4, T1, TP33  None          213         240            25 kg      100 kg  A
         Calcium selenate, see Selenates
          or Selenites
         Calcium silicide                       4.3  UN1405              II   4.3          A19, IB7, IP2, IP21,  151           212         241            15 kg       50 kg  B           13, 52,
                                                                                                  T3, TP33, W31                                                                              85,
                                                                                                                                                                                            103,
                                                                                                                                                                                             148
                                                                        III   4.3       A1, A19, IB8, IP21, T1,  151           213         241            25 kg      100 kg  B           13, 52,
                                                                                                 TP33, W31, W40                                                                              85,
                                                                                                                                                                                            103,
                                                                                                                                                                                             148
         Camphor oil                              3  UN1130             III   3                B1, IB3, T2, TP1  150           203         242             60 L       220 L  A
         Camphor, synthetic                     4.1  UN2717             III   4.1        A1, IB8, IP3, T1, TP33  None          213         240            25 kg      100 kg  A
         Cannon primers, see Primers,
          tubular
         Capacitor, asymmetric with an            9  UN3508            .....  9                             372  176           176         176         No limit    No Limit  A
          energy storage capacity
          greater than 0.3 Wh
         Capacitor, electric double               9  UN3499            .....  9                             361  176           176         176         No limit    No limit  A
          layer with an energy storage
          capacity greater than 0.3 Wh
         Caproic acid                             8  UN2829             III   8                    IB3, T4, TP1  154           203         241              5 L        60 L  A
         Caps, blasting, see Detonators,
          etc

[[Page 186]]

 
         Carbamate pesticides, liquid,            3  UN2758               I   3, 6.1       T14, TP2, TP13, TP27  None          201         243        Forbidden        30 L  B                40
          flammable, toxic, flash point
          less than 23 degrees C
                                                                         II   3, 6.1       IB2, T11, TP2, TP13,  150           202         243              1 L        60 L  B                40
                                                                                                           TP27
         Carbamate pesticides, liquid,          6.1  UN2992               I   6.1          T14, TP2, TP13, TP27  None          201         243              1 L        30 L  B                40
          toxic
                                                                         II   6.1          IB2, T11, TP2, TP13,  153           202         243              5 L        60 L  B                40
                                                                                                           TP27
                                                                        III   6.1            IB3, T7, TP2, TP28  153           203         241             60 L       220 L  A                40
         Carbamate pesticides, liquid,          6.1  UN2991               I   6.1, 3       T14, TP2, TP13, TP27  None          201         243              1 L        30 L  B                40
          toxic, flammable, flash point
          not less than 23 degrees C
                                                                         II   6.1, 3       IB2, T11, TP2, TP13,  153           202         243              5 L        60 L  B                40
                                                                                                           TP27
                                                                        III   6.1, 3     B1, IB3, T7, TP2, TP28  153           203         242             60 L       220 L  A                40
         Carbamate pesticides, solid,           6.1  UN2757               I   6.1            IB7, IP1, T6, TP33  None          211         242             5 kg       50 kg  A                40
          toxic
                                                                         II   6.1       IB8, IP2, IP4, T3, TP33  153           212         242            25 kg      100 kg  A                40
                                                                        III   6.1            IB8, IP3, T1, TP33  153           213         240           100 kg      200 kg  A                40
         Carbolic acid, see Phenol,
          solid or Phenol, molten
         Carbolic acid solutions, see
          Phenol solutions
   I     Carbon, activated                      4.2  UN1362             III   4.2       IB8, IP3, T1, TP33, W31  None          213         241           0.5 kg      0.5 kg  A            12, 25
   I     Carbon, animal or vegetable            4.2  UN1361              II   4.2                 IB6, T3, TP33  None          212         242        Forbidden   Forbidden  A            12, 25
          origin
                                                                        III   4.2            IB8, IP3, T1, TP33  None          213         241        Forbidden   Forbidden  A            12, 25
         Carbon bisulfide, see Carbon
          disulfide
         Carbon dioxide                         2.2  UN1013                   2.2                                306           302, 304    302,           75 kg      150 kg  A
                                                                                                                                            314,
                                                                                                                                            315
         Carbon dioxide, refrigerated           2.2  UN2187                   2.2                      T75, TP5  306           304         314, 315       50 kg      500 kg  D
          liquid
 A W     Carbon dioxide, solid or Dry             9  UN1845                   None                               217           217         240           200 kg      200 kg  C                40
          ice
         Carbon disulfide                         3  UN1131               I   3, 6.1        B16, T14, TP2, TP7,  None          201         243        Forbidden   Forbidden  D           40, 78,
                                                                                                      TP13, W31                                                                              115
         Carbon monoxide, compressed            2.3  UN1016                   2.3, 2.1                        4  None          302         314, 315   Forbidden       25 kg  D                40

[[Page 187]]

 
   D     Carbon monoxide, refrigerated          2.3  NA9202                   2.3, 2.1              4, T75, TP5  None          316         318        Forbidden   Forbidden  D
          liquid (cryogenic liquid)
         Carbon tetrabromide                    6.1  UN2516             III   6.1            IB8, IP3, T1, TP33  153           213         240           100 kg      200 kg  A                25
         Carbon tetrachloride                   6.1  UN1846              II   6.1             IB2, N36, T7, TP2  153           202         243              5 L        60 L  A                40
         Carbonyl chloride, see Phosgene
         Carbonyl fluoride                      2.3  UN2417                   2.3, 8                          2  None          302         None       Forbidden   Forbidden  D                40
         Carbonyl sulfide                       2.3  UN2204                   2.3, 2.1                   3, B14  None          304         314, 315   Forbidden   Forbidden  D                40
         Cartridge cases, empty primed,
          see Cases, cartridge, empty,
          with primer
         Cartridges, actuating, for
          aircraft ejector seat
          catapult, fire extinguisher,
          canopy removal or apparatus,
          see Cartridges, power device
         Cartridges, explosive, see
          Charges, demolition
         Cartridges, sporting, see
          Cartridges for weapons, inert
          projectile, or Cartridges,
          small arms
         Cartridges, flash                     1.1G  UN0049            .....  1.1G      .......................  None          62          None       Forbidden   Forbidden  03               25
         Cartridges, flash                     1.3G  UN0050            .....  1.3G      .......................  None          62          None       Forbidden       75 kg  03               25
         Cartridges for weapons, blank         1.1C  UN0326            .....  1.1C      .......................  None          62          None       Forbidden   Forbidden  04               25
         Cartridges for weapons, blank         1.2C  UN0413            .....  1.2C      .......................  None          62          None       Forbidden   Forbidden  04               25
         Cartridges for weapons, blank         1.3C  UN0327            .....  1.3C      .......................  None          62          None       Forbidden   Forbidden  04               25
          or Cartridges, small arms,
          blank
         Cartridges for weapons, blank         1.4C  UN0338            .....  1.4C      .......................  None          62          None       Forbidden       75 kg  02               25
          or Cartridges, small arms,
          blank
         Cartridges for weapons, blank         1.4S  UN0014            .....  None      .......................  63            62          None           25 kg      100 kg  01               25
          or Cartridges, small arms,
          blank or Cartridges for tools,
          blank
         Cartridges for weapons, inert         1.2C  UN0328            .....  1.2C      .......................  None          62          62         Forbidden   Forbidden  04               25
          projectile
         Cartridges for weapons, inert         1.4S  UN0012            .....  None      .......................  63            62          None           25 kg      100 kg  01               25
          projectile or Cartridges,
          small arms
         Cartridges for weapons, inert         1.4C  UN0339            .....  1.4C      .......................  None          62          None       Forbidden       75 kg  02               25
          projectile or Cartridges,
          small arms
         Cartridges for weapons, inert         1.3C  UN0417            .....  1.3C      .......................  None          62          None       Forbidden   Forbidden  04               25
          projectile or Cartridges,
          small arms
         Cartridges for weapons, with          1.1F  UN0005            .....  1.1F      .......................  None          62          None       Forbidden   Forbidden  05               25
          bursting charge
         Cartridges for weapons, with          1.1E  UN0006            .....  1.1E      .......................  None          62          62         Forbidden   Forbidden  04               25
          bursting charge
         Cartridges for weapons, with          1.2F  UN0007            .....  1.2F      .......................  None          62          None       Forbidden   Forbidden  05               25
          bursting charge
         Cartridges for weapons, with          1.2E  UN0321            .....  1.2E      .......................  None          62          62         Forbidden   Forbidden  04               25
          bursting charge
         Cartridges for weapons, with          1.4F  UN0348            .....  1.4F      .......................  None          62          None       Forbidden   Forbidden  05               25
          bursting charge

[[Page 188]]

 
         Cartridges for weapons, with          1.4E  UN0412            .....  1.4E      .......................  None          62          62         Forbidden       75 kg  03               25
          bursting charge
         Cartridges, oil well                  1.3C  UN0277            .....  1.3C      .......................  None          62          62         Forbidden   Forbidden  04               25
         Cartridges, oil well                  1.4C  UN0278            .....  1.4C      .......................  None          62          62         Forbidden       75 kg  02               25
         Cartridges, power device              1.3C  UN0275            .....  1.3C      .......................  None          62          62         Forbidden       75 kg  04               25
         Cartridges, power device              1.4C  UN0276            .....  1.4C                          110  None          62          62         Forbidden       75 kg  02               25
         Cartridges, power device              1.4S  UN0323            .....  1.4S                     110, 347  63            62          62             25 kg      100 kg  01               25
         Cartridges, power device              1.2C  UN0381            .....  1.2C      .......................  None          62          62         Forbidden   Forbidden  04               25
   D     Cartridges power device (used        ORM-D  ................  .....  None                          222  63            None        None           30 kg   Forbidden  A
          to project fastening devices)                                                                                                                   gross
         Cartridges, safety, blank, see
          Cartridges for weapons, blank
          (UN 0014)
         Cartridges, safety, see
          Cartriges for weapons, inert
          projectile, or Cartridges,
          small arms or Cartridges,
          power device (UN 0323)
         Cartridges, signal                    1.3G  UN0054            .....  1.3G      .......................  None          62          None       Forbidden       75 kg  03               25
         Cartridges, signal                    1.4G  UN0312            .....  1.4G      .......................  None          62          None       Forbidden       75 kg  02               25
         Cartridges, signal                    1.4S  UN0405            .....  1.4S      .......................  None          62          None           25 kg      100 kg  01               25
   D     Cartridges, small arms               ORM-D  ................  .....  None                          222  63            None        None           30 kg   Forbidden  A
                                                                                                                                                          gross
         Cartridges, starter, jet
          engine, see Cartridges, power
          device
         Cases, cartridge, empty with          1.4S  UN0055            .....  1.4S                           50  63            62          None           25 kg      100 kg  01               25
          primer
         Cases, cartridges, empty with         1.4C  UN0379            .....  1.4C                           50  None          62          None       Forbidden       75 kg  02               25
          primer
         Cases, combustible, empty,            1.4C  UN0446            .....  1.4C      .......................  None          62          None       Forbidden       75 kg  02               25
          without primer
         Cases, combustible, empty,            1.3C  UN0447            .....  1.3C      .......................  None          62          None       Forbidden   Forbidden  04               25
          without primer
         Casinghead gasoline see
          Gasoline
 A W     Castor beans or Castor meal or           9  UN2969              II   None      IB8, IP2, IP4, T3, TP33  155           204         240         No limit    No limit  E           34, 40,
          Castor pomace or Castor flake                                                                                                                                                  44, 122
         Catecholborane                   .........  ................  .....  ........                     A210
   G     Caustic alkali liquids, n.o.s.           8  UN1719              II   8         B2, IB2, T11, TP2, TP27  154           202         242              1 L        30 L  A            29, 52
                                                                        III   8              IB3, T7, TP1, TP28  154           203         241              5 L        60 L  A            29, 52

[[Page 189]]

 
         Caustic potash, see Potassium
          hydroxide etc
         Caustic soda, (etc.) see Sodium
          hydroxide etc
         Cells, containing sodium               4.3  UN3292            .....  4.3                                189           189         189            25 kg    No limit  A
         Celluloid, in block, rods,             4.1  UN2000             III   4.1                           420  None          213         240            25 kg      100 kg  A
          rolls, sheets, tubes, etc.,
          except scrap
         Celluloid, scrap                       4.2  UN2002             III   4.2                      IB8, IP3  None          213         241        Forbidden   Forbidden  D
         Cement, see Adhesives
          containing flammable liquid
         Cerium, slabs, ingots, or rods         4.1  UN1333              II   4.1           IB8, IP2, IP4, N34,  None          212         240            15 kg       50 kg  A           13, 74,
                                                                                                           W100                                                                              91,
                                                                                                                                                                                            147,
                                                                                                                                                                                             148
         Cerium, turnings or gritty             4.3  UN3078              II   4.3       A1, IB7, IP2, IP21, T3,  151           212         242            15 kg       50 kg  E           13, 52,
          powder                                                                                 TP33, W31, W40                                                                              148
         Cesium or Caesium                      4.3  UN1407               I   4.3       A7, A19, IB4, IP1, N34,  None          211         242        Forbidden       15 kg  D           13, 52,
                                                                                                       N40, W32                                                                              148
         Cesium nitrate or Caesium              5.1  UN1451             III   5.1        A1, A29, IB8, IP3, T1,  152           213         240            25 kg      100 kg  A
          nitrate                                                                                          TP33
   D     Charcoal briquettes, shell,            4.2  NA1361             III   4.2                 IB8, T1, TP33  151           213         240            25 kg      100 kg  A                12
          screenings, wood, etc.
         Charges, bursting, plastics           1.1D  UN0457            .....  1.1D      .......................  None          62          None       Forbidden   Forbidden  04               25
          bonded
         Charges, bursting, plastics           1.2D  UN0458            .....  1.2D      .......................  None          62          None       Forbidden   Forbidden  04               25
          bonded
         Charges, bursting, plastics           1.4D  UN0459            .....  1.4D      .......................  None          62          None       Forbidden       75 kg  02               25
          bonded
         Charges, bursting, plastics           1.4S  UN0460            .....  1.4S                          347  None          62          None           25 kg      100 kg  01               25
          bonded
         Charges, demolition                   1.1D  UN0048            .....  1.1D      .......................  None          62          62         Forbidden   Forbidden  04               25
         Charges, depth                        1.1D  UN0056            .....  1.1D      .......................  None          62          62         Forbidden   Forbidden  04               25
         Charges, expelling, explosive,
          for fire extinguishers, see
          Cartridges, power device
         Charges, explosive, commercial        1.1D  UN0442            .....  1.1D      .......................  None          62          None       Forbidden   Forbidden  04               25
          without detonator
         Charges, explosive, commercial        1.2D  UN0443            .....  1.2D      .......................  None          62          None       Forbidden   Forbidden  04               25
          without detonator
         Charges, explosive, commercial        1.4D  UN0444            .....  1.4D      .......................  None          62          None       Forbidden       75 kg  02               25
          without detonator
         Charges, explosive, commercial        1.4S  UN0445            .....  1.4S                          347  None          62          None           25 kg      100 kg  01               25
          without detonator
         Charges, propelling                   1.1C  UN0271            .....  1.1C      .......................  None          62          None       Forbidden   Forbidden  04               25
         Charges, propelling                   1.3C  UN0272            .....  1.3C      .......................  None          62          None       Forbidden   Forbidden  04               25
         Charges, propelling                   1.2C  UN0415            .....  1.2C      .......................  None          62          None       Forbidden   Forbidden  04               25
         Charges, propelling                   1.4C  UN0491            .....  1.4C      .......................  None          62          None       Forbidden       75 kg  02               25
         Charges, propelling, for cannon       1.3C  UN0242            .....  1.3C      .......................  None          62          None       Forbidden   Forbidden  04               25
         Charges, propelling, for cannon       1.1C  UN0279            .....  1.1C      .......................  None          62          None       Forbidden   Forbidden  04               25
         Charges, propelling, for cannon       1.2C  UN0414            .....  1.2C      .......................  None          62          None       Forbidden   Forbidden  04               25
         Charges, shaped, flexible,            1.4D  UN0237            .....  1.4D      .......................  None          62          None       Forbidden       75 kg  02               25
          linear
         Charges, shaped, flexible,            1.1D  UN0288            .....  1.1D      .......................  None          62          None       Forbidden   Forbidden  04               25
          linear
         Charges, shaped, without              1.1D  UN0059            .....  1.1D      .......................  None          62          None       Forbidden   Forbidden  04               25
          detonator
         Charges, shaped, without              1.2D  UN0439            .....  1.2D      .......................  None          62          None       Forbidden   Forbidden  04               25
          detonator

[[Page 190]]

 
         Charges, shaped, without              1.4D  UN0440            .....  1.4D      .......................  None          62          None       Forbidden       75 kg  02               25
          detonator
         Charges, shaped, without              1.4S  UN0441            .....  1.4S                          347  None          62          None           25 kg      100 kg  01               25
          detonator
         Charges, supplementary                1.1D  UN0060            .....  1.1D      .......................  None          62          None       Forbidden   Forbidden  04               25
          explosive
   D     Chemical kit                             8  NA1760              II   8                                  154           161         None             1 L        30 L  B                40
         Chemical kits                            9  UN3316              II   9                              15  161           161         None           10 kg       10 kg  A
                                                                        III   9                              15  161           161         None           10 kg       10 kg  A
   G     Chemical under pressure,               2.2  UN3503            .....  2.2, 8             362, T50, TP40  None          335         313, 315   Forbidden      100 kg  D                40
          corrosive, n.o.s
   G     Chemical under pressure,               2.1  UN3505            .....  2.1, 8             362, T50, TP40  None          335         313, 315   Forbidden       75 kg  D                40
          flammable, corrosive, n.o.s
   G     Chemical under pressure,               2.1  UN3501            .....  2.1                362, T50, TP40  None          335         313, 315   Forbidden       75 kg  D                40
          flammable, n.o.s
   G     Chemical under pressure,               2.1  UN3504            .....  2.1, 6.1           362, T50, TP40  None          335         313, 315   Forbidden       75 kg  D                40
          flammable, toxic, n.o.s
   G     Chemical under pressure, n.o.s         2.2  UN3500            .....  2.2                362, T50, TP40  None          335         313, 315       75 kg      150 kg  B
   G     Chemical under pressure, toxic,        2.2  UN3502            .....  2.2, 6.1           362, T50, TP40  None          335         313, 315   Forbidden      100 kg  D                40
          n.o.s
         Chloral, anhydrous, stabilized         6.1  UN2075              II   6.1                  IB2, T7, TP2  153           202         243              5 L        60 L  D                40
         Chlorate and borate mixtures           5.1  UN1458              II   5.1       A9, IB8, IP2, IP4, N34,  152           212         240             5 kg       25 kg  A            56, 58
                                                                                                       T3, TP33
                                                                        III   5.1        A9, IB8, IP3, N34, T1,  152           213         240            25 kg      100 kg  A            56, 58
                                                                                                           TP33
         Chlorate and magnesium chloride        5.1  UN1459              II   5.1       A9, IB8, IP2, IP4, N34,  152           212         240             5 kg       25 kg  A            56, 58
          mixture solid                                                                                T3, TP33
                                                                        III   5.1        A9, IB8, IP3, N34, T1,  152           213         240            25 kg      100 kg  A            56, 58
                                                                                                           TP33
         Chlorate and magnesium chloride        5.1  UN3407              II   5.1         A9, IB2, N34, T4, TP1  152           202         242              1 L         5 L  A           56, 58,
          mixture solution                                                                                                                                                                   133
                                                                        III   5.1         A9, IB2, N34, T4, TP1  152           203         241            2.5 L        30 L  A           56, 58,
                                                                                                                                                                                             133
         Chlorate of potash, see
          Potassium chlorate
         Chlorate of soda, see Sodium
          chlorate
   G     Chlorates, inorganic, aqueous          5.1  UN3210              II   5.1             351, IB2, T4, TP1  152           202         242              1 L         5 L  B           56, 58,
          solution, n.o.s                                                                                                                                                                    133

[[Page 191]]

 
                                                                        III   5.1             351, IB2, T4, TP1  152           203         241            2.5 L        30 L  B           56, 58,
                                                                                                                                                                                             133
   G     Chlorates, inorganic, n.o.s            5.1  UN1461              II   5.1       351, A9, IB6, IP2, N34,  152           212         242             5 kg       25 kg  A            56, 58
                                                                                                       T3, TP33
         Chloric acid aqueous solution,         5.1  UN2626              II   5.1             IB2, T4, TP1, W31  None          229         None       Forbidden   Forbidden  D            56, 58
          with not more than 10 percent
          chloric acid
         Chloride of phosphorus, see
          Phosphorus trichloride
         Chloride of sulfur, see Sulfur
          chloride
         Chlorinated lime, see Calcium
          hypochlorite mixtures, etc
         Chlorine                               2.3  UN1017                   2.3,        2, B9, B14, N86, T50,  None          304         314, 315   Forbidden   Forbidden  D           40, 51,
                                                                               5.1, 8                      TP19                                                                          55, 62,
                                                                                                                                                                                         68, 89,
                                                                                                                                                                                              90
         Chlorine, adsorbed                     2.3  UN3520            .....  2.3,              2, B9, B14, N86  None          302c        None       Forbidden   Forbidden  D           40, 89,
                                                                               5.1, 8                                                                                                         90
         Chlorine azide                   Forbidden
   D     Chlorine dioxide, hydrate,             5.1  NA9191              II   5.1, 6.1                           None          229         None       Forbidden   Forbidden  E
          frozen
         Chlorine dioxide (not hydrate)   Forbidden
         Chlorine pentafluoride                 2.3  UN2548                   2.3,          1, B7, B9, B14, N86  None          304         314        Forbidden   Forbidden  D           40, 89,
                                                                               5.1, 8                                                                                                         90
         Chlorine trifluoride                   2.3  UN1749                   2.3,          2, B7, B9, B14, N86  None          304         314        Forbidden   Forbidden  D           40, 89,
                                                                               5.1, 8                                                                                                         90
         Chlorite solution                        8  UN1908              II   8            A3, A6, A7, B2, IB2,  154           202         242              1 L        30 L  B           26, 44,
                                                                                             N34, T7, TP2, TP24                                                                              89,
                                                                                                                                                                                            100,
                                                                                                                                                                                             141
                                                                        III   8            A3, A6, A7, B2, IB3,  154           203         241              5 L        60 L  B           26, 44,
                                                                                             N34, T4, TP2, TP24                                                                              89,
                                                                                                                                                                                            100,
                                                                                                                                                                                             141
   G     Chlorites, inorganic, n.o.s            5.1  UN1462              II   5.1       352, A7, IB6, IP2, N34,  152           212         242             5 kg       25 kg  A            56, 58
                                                                                                       T3, TP33
         1-Chloro-1,1-difluoroethane or         2.1  UN2517                   2.1                           T50  306           304         314, 315   Forbidden      150 kg  B                40
          Refrigerant gas R 142b
         3-Chloro-4-methylphenyl                6.1  UN2236              II   6.1                           IB2  153           202         243              5 L        60 L  B                40
          isocyanate, liquid
         3-Chloro-4-methylphenyl                6.1  UN3428              II   6.1       IB8, IP2, IP4, T3, TP33  153           212         242            25 kg      100 kg  B                40
          isocyanate, solid
         1-Chloro-1,2,2,2-                      2.2  UN1021                   2.2                           T50  306           304         314, 315       75 kg      150 kg  A
          tetrafluoroethaneor
          Refrigerant gas R 124
         4-Chloro-o-toluidine                   6.1  UN1579             III   6.1            IB8, IP3, T1, TP33  153           213         240           100 kg      200 kg  A
          hydrochloride, solid

[[Page 192]]

 
         4-Chloro-o-toluidine                   6.1  UN3410             III   6.1                  IB3, T4, TP1  153           203         241             60 L       220 L  A
          hydrochloride, solution
         1-Chloro-2,2,2-trifluoroethane         2.2  UN1983                   2.2                           T50  306           304         314, 315       75 kg      150 kg  A
          or Refrigerant gas R 133a
         Chloroacetic acid, molten              6.1  UN3250              II   6.1, 8         IB1, T7, TP3, TP28  None          202         243        Forbidden   Forbidden  C                40
         Chloroacetic acid, solid               6.1  UN1751              II   6.1, 8     A3, A7, IB8, IP2, IP4,  153           212         242            15 kg       50 kg  C                40
                                                                                                  N34, T3, TP33
         Chloroacetic acid, solution            6.1  UN1750              II   6.1, 8      A7, IB2, N34, T7, TP2  153           202         243              1 L        30 L  C                40
         Chloroacetone, stabilized              6.1  UN1695               I   6.1, 3,     2, B9, B14, B32, N12,  None          227         244        Forbidden   Forbidden  D           21, 40,
                                                                               8            N32, N34, T20, TP2,                                                                              100
                                                                                               TP13, TP38, TP45
         Chloroacetone (unstabilized)     Forbidden
   +     Chloroacetonitrile                     6.1  UN2668               I   6.1, 3      2, B9, B14, B32, IB9,  None          227         244        Forbidden   Forbidden  A           12, 25,
                                                                                          T20, TP2, TP13, TP38,                                                                           40, 52
                                                                                                           TP45
         Chloroacetophenone, liquid,            6.1  UN3416              II   6.1       A3, IB2, N12, N32, N33,  None          202         243        Forbidden        60 L  D           12, 25,
          (CN)                                                                                    T7, TP2, TP13                                                                               40
         Chloroacetophenone, solid, (CN)        6.1  UN1697              II   6.1       A3, IB8, IP2, IP4, N12,  None          212         None       Forbidden      100 kg  D           12, 25,
                                                                                        N32, N33, N34, T3, TP2,                                                                               40
                                                                                                     TP13, TP33
         Chloroacetyl chloride                  6.1  UN1752               I   6.1, 8        2, B3, B8, B9, B14,  None          227         244        Forbidden   Forbidden  D                40
                                                                                            B32, B77, N34, N43,
                                                                                          T20, TP2, TP13, TP38,
                                                                                                           TP45
         Chloroanilines, liquid                 6.1  UN2019              II   6.1                  IB2, T7, TP2  153           202         243              5 L        60 L  A                52
         Chloroanilines, solid                  6.1  UN2018              II   6.1       IB8, IP2, IP4, T3, TP33  153           212         242            25 kg      100 kg  A
         Chloroanisidines                       6.1  UN2233             III   6.1            IB8, IP3, T1, TP33  153           213         240           100 kg      200 kg  A
         Chlorobenzene                            3  UN1134             III   3                B1, IB3, T2, TP1  150           203         242             60 L       220 L  A
         Chlorobenzol, see Chlorobenzene
         Chlorobenzotrifluorides                  3  UN2234             III   3                B1, IB3, T2, TP1  150           203         242             60 L       220 L  A                40
         Chlorobenzyl chlorides, liquid         6.1  UN2235             III   6.1                  IB3, T4, TP1  153           203         241             60 L       220 L  A
         Chlorobenzyl chlorides, solid          6.1  UN3427             III   6.1            IB8, IP3, T1, TP33  153           213         240           100 kg      200 kg  A
         Chlorobutanes                            3  UN1127              II   3                    IB2, T4, TP1  150           202         242              5 L        60 L  B
         Chlorocresols solution                 6.1  UN2669              II   6.1                  IB2, T7, TP2  153           202         243              5 L        60 L  A            12, 25
                                                                        III   6.1                  IB3, T7, TP2  153           203         241             60 L       220 L  A            12, 25
         Chlorocresols, solid                   6.1  UN3437              II   6.1       IB8, IP2, IP4, T3, TP33  153           212         242            25 kg      100 kg  A            12, 25
         Chlorodifluorobromomethane or          2.2  UN1974                   2.2                           T50  306           304         314, 315       75 kg      150 kg  A
          Refrigerant gas R 12B1

[[Page 193]]

 
         Chlorodifluoromethane and              2.2  UN1973                   2.2                           T50  306           304         314, 315       75 kg      150 kg  A
          chloropentafluoroethane
          mixture or Refrigerant gas R
          502 with fixed boiling point,
          with approximately 49 percent
          chlorodifluoromethane
         Chlorodifluoromethane or               2.2  UN1018                   2.2                           T50  306           304         314, 315       75 kg      150 kg  A
          Refrigerant gas R 22
   +     Chlorodinitrobenzenes, liquid.         6.1  UN1577              II   6.1                  IB2, T7, TP2  153           202         243              5 L        60 L  B                91
   +     Chlorodinitrobenzenes, solid           6.1  UN3441              II   6.1       IB8, IP2, IP4, T3, TP33  153           212         242            25 kg      100 kg  A                91
         2-Chloroethanal                        6.1  UN2232               I   6.1         2, B9, B14, B32, T20,  None          227         244        Forbidden   Forbidden  D                40
                                                                                          TP2, TP13, TP38, TP45
         Chloroform                             6.1  UN1888             III   6.1             IB3, N36, T7, TP2  153           203         241             60 L       220 L  A                40
   G     Chloroformates, toxic,                 6.1  UN2742              II   6.1, 8,           5, IB1, T7, TP2  153           202         243              1 L        30 L  A           12, 13,
          corrosive, flammable, n.o.s.                                         3                                                                                                         21, 25,
                                                                                                                                                                                         40, 100
   G     Chloroformates, toxic,                 6.1  UN3277              II   6.1, 8        IB2, T8, TP2, TP13,  153           202         243              1 L        30 L  A           12, 13,
          corrosive, n.o.s.                                                                                TP28                                                                           25, 40
         Chloromethyl chloroformate             6.1  UN2745              II   6.1, 8         IB2, T7, TP2, TP13  153           202         243              1 L        30 L  A           12, 13,
                                                                                                                                                                                          25, 40
         Chloromethyl ethyl ether                 3  UN2354              II   3, 6.1         IB2, T7, TP1, TP13  150           202         243              1 L        60 L  E                40
         Chloronitroanilines                    6.1  UN2237             III   6.1            IB8, IP3, T1, TP33  153           213         240           100 kg      200 kg  A
   +     Chloronitrobenzenes, liquid            6.1  UN3409              II   6.1                  IB2, T7, TP2  153           202         243              5 L        60 L  A           44, 89,
                                                                                                                                                                                            100,
                                                                                                                                                                                             141
   +     Chloronitrobenzenes, solid             6.1  UN1578              II   6.1       IB8, IP2, IP4, T3, TP33  153           212         242            25 kg      100 kg  A
         Chloronitrotoluenes, liquid            6.1  UN2433             III   6.1                  IB3, T4, TP1  153           203         241             60 L       220 L  A           44, 89,
                                                                                                                                                                                            100,
                                                                                                                                                                                             141
         Chloronitrotoluenes, solid             6.1  UN3457             III   6.1             IB8, IP3,T1, TP33  153           213         240            25 kg      200 kg  A
         Chloropentafluoroethane or             2.2  UN1020                   2.2                           T50  306           304         314, 315       75 kg      150 kg  A
          Refrigerant gas R 115
         Chlorophenolates, liquid or              8  UN2904             III   8                             IB3  154           203         241              5 L        60 L  A
          Phenolates, liquid
         Chlorophenolates, solid or               8  UN2905             III   8              IB8, IP3, T1, TP33  154           213         240            25 kg      100 kg  A
          Phenolates, solid
         Chlorophenols, liquid                  6.1  UN2021             III   6.1                  IB3, T4, TP1  153           203         241             60 L       220 L  A
         Chlorophenols, solid                   6.1  UN2020             III   6.1       IB8, IP3, T1, TP1, TP33  153           213         240           100 kg      200 kg  A
         Chlorophenyltrichlorosilane              8  UN1753              II   8           A7, B2, B6, N34, T10,  None          206         242        Forbidden        30 L  C                40
                                                                                                       TP2, TP7
   +     Chloropicrin                           6.1  UN1580               I   6.1          2, B7, B9, B14, B32,  None          227         244        Forbidden   Forbidden  D                40
                                                                                           B46, T22, TP2, TP13,
                                                                                                     TP38, TP45
         Chloropicrin and methyl bromide        2.3  UN1581                   2.3          2, B9, B14, N86, T50  None          193         314, 315   Forbidden   Forbidden  D            25, 40
          mixtures
         Chloropicrin and methyl                2.3  UN1582                   2.3                   2, N86, T50  None          193         245        Forbidden   Forbidden  D            25, 40
          chloride mixtures

[[Page 194]]

 
         Chloropicrin mixture, flammable
          (pressure not exceeding 14.7
          psia at 115 degrees F flash
          point below 100 degrees F) see
          Toxic liquids, flammable, etc
   G     Chloropicrin mixtures, n.o.s           6.1  UN1583               I   6.1                             5  None          201         243        Forbidden   Forbidden  C                40
                                                                         II   6.1                           IB2  153           202         243        Forbidden   Forbidden  C                40
                                                                        III   6.1                           IB3  153           203         241        Forbidden   Forbidden  C                40
   D     Chloropivaloyl chloride                6.1  NA9263               I   6.1, 8      2, B9, B14, B32, T20,  None          227         244        Forbidden   Forbidden  B                40
                                                                                          TP4, TP13, TP38, TP45
         Chloroplatinic acid, solid               8  UN2507             III   8              IB8, IP3, T1, TP33  154           213         240            25 kg      100 kg  A
         Chloroprene, stabilized                  3  UN1991               I   3, 6.1        387, B57, T14, TP2,  None          201         243        Forbidden        30 L  D            25, 40
                                                                                                           TP13
         Chloroprene, uninhibited         Forbidden
         1-Chloropropane                          3  UN1278              II   3          IB2, IP8, N34, T7, TP2  None          202         242        Forbidden        60 L  E
         2-Chloropropane                          3  UN2356               I   3             N36, T11, TP2, TP13  150           201         243              1 L        30 L  E
         3-Chloropropanol-1                     6.1  UN2849             III   6.1                  IB3, T4, TP1  153           203         241             60 L       220 L  A
         2-Chloropropene                          3  UN2456               I   3               A3, N36, T11, TP2  150           201         243              1 L        30 L  E
         2-Chloropropionic acid                   8  UN2511             III   8                    IB3, T4, TP2  154           203         241              5 L        60 L  A                 8
         2-Chloropyridine                       6.1  UN2822              II   6.1                  IB2, T7, TP2  153           202         243              5 L        60 L  A                40
         Chlorosilanes, corrosive,                8  UN2986              II   8, 3         T14, TP2, TP7, TP13,  None          206         243        Forbidden        30 L  C                40
          flammable, n.o.s                                                                                 TP27
         Chlorosilanes, corrosive, n.o.s          8  UN2987              II   8              B2, T14, TP2, TP7,  None          206         242        Forbidden        30 L  C                40
                                                                                                     TP13, TP27
         Chlorosilanes, flammable,                3  UN2985              II   3, 8         T14, TP2, TP7, TP13,  None          206         243        Forbidden         5 L  B                40
          corrosive, n.o.s                                                                                 TP27
G        Chlorosilanes, toxic,                  6.1  UN3362              II   6.1,8,3      T14, TP2, TP7, TP13,  None          206         243        Forbidden        30 L  C           40, 125
          corrosive, flammable, n.o.s                                                                      TP27
G        Chlorosilanes, toxic,                  6.1  UN3361              II   6.1, 8       T14, TP2, TP7, TP13,  None          206         243        Forbidden        30 L  C                40
          corrosive, n.o.s                                                                                 TP27
         Chlorosilanes, water-reactive,         4.3  UN2988               I   4.3, 3,        A2, T14, TP2, TP7,  None          201         244        Forbidden         1 L  D           13, 21,
          flammable, corrosive, n.o.s                                          8                      TP13, W31                                                                          40, 49,
                                                                                                                                                                                            100,
                                                                                                                                                                                            147,
                                                                                                                                                                                             148
   +     Chlorosulfonic acid (with or             8  UN1754               I   8, 6.1      2, B9, B10, B14, B32,  None          227         244        Forbidden   Forbidden  C                40
          without sulfur trioxide)                                                         T20, TP2, TP38, TP45
         Chlorotoluenes                           3  UN2238             III   3                B1, IB3, T2, TP1  150           203         242             60 L       220 L  A

[[Page 195]]

 
         Chlorotoluidines, liquid               6.1  UN3429             III   6.1                  IB3, T4, TP1  153           203         241             60 L       220 L  A
         Chlorotoluidines, solid                6.1  UN2239             III   6.1            IB8, IP3, T1, TP33  153           213         240           100 kg      200 kg  A
         Chlorotrifluoromethane and             2.2  UN2599                   2.2                                306           304         314, 315       75 kg      150 kg  A
          trifluoromethane azeotropic
          mixture or Refrigerant gas R
          503 with approximately 60
          percent chlorotrifluoromethane
         Chlorotrifluoromethane or              2.2  UN1022                   2.2                                306           304         314, 315       75 kg      150 kg  A
          Refrigerant gas R 13
         Chromic acid solution                    8  UN1755              II   8                B2, IB2, T8, TP2  154           202         242              1 L        30 L  C           40, 44,
                                                                                                                                                                                             89,
                                                                                                                                                                                            100,
                                                                                                                                                                                             141
                                                                        III   8                    IB3, T4, TP1  154           203         241              5 L        60 L  C           40, 44,
                                                                                                                                                                                             89,
                                                                                                                                                                                            100,
                                                                                                                                                                                             141
         Chromic anhydride, see Chromium
          trioxide, anhydrous
         Chromic fluoride, solid                  8  UN1756              II   8         IB8, IP2, IP4, T3, TP33  154           212         240            15 kg       50 kg  A                52
         Chromic fluoride, solution               8  UN1757              II   8                B2, IB2, T7, TP2  154           202         242              1 L        30 L  A
                                                                        III   8                    IB3, T4, TP1  154           203         241              5 L        60 L  A
         Chromium nitrate                       5.1  UN2720             III   5.1        A1, A29, IB8, IP3, T1,  152           213         240            25 kg      100 kg  A
                                                                                                           TP33
         Chromium oxychloride                     8  UN1758               I   8           A3, A6, A7, B10, N34,  None          201         243            0.5 L       2.5 L  C           40, 66,
                                                                                                       T10, TP2                                                                          74, 89,
                                                                                                                                                                                              90
         Chromium trioxide, anhydrous           5.1  UN1463              II   5.1,           IB8, IP2, IP4, T3,  None          212         242             5 kg       25 kg  A            66, 90
                                                                               6.1, 8                 TP33, W31
         Chromosulfuric acid                      8  UN2240               I   8             A3, A6, A7, B4, B6,  None          201         243             0.5L        2.5L  B           40, 66,
                                                                                            N34, T10, TP2, TP13                                                                          74, 89,
                                                                                                                                                                                              90
         Chromyl chloride, see Chromium
          oxychloride
         Cigar and cigarette lighters,
          charged with fuel, see
          Lighters or Lighter refills
          containing flammable gas.
         Coal briquettes, hot             Forbidden
         Coal gas, compressed                   2.3  UN1023                   2.3, 2.1                        3  None          302         314, 315   Forbidden   Forbidden  D                40
         Coal tar distillates, flammable          3  UN1136              II   3                    IB2, T4, TP1  150           202         242              5 L        60 L  B
                                                                        III   3          B1, IB3, T4, TP1, TP29  150           203         242             60 L       220 L  A
         Coal tar dye, corrosive,
          liquid, n.o.s, see Dyes,
          liquid or solid, n.o.s. or Dye
          intermediates, liquid or
          solid, corrosive, n.o.s.

[[Page 196]]

 
         Coating solution (includes               3  UN1139               I   3             T11, TP1, TP8, TP27  150           201         243              1 L        30 L  E           .......
          surface treatments or coatings
          used for industrial or other
          purposes such as vehicle
          undercoating, drum or barrel
          lining)
         ...............................             ................    II   3          149, IB2, T4, TP1, TP8  150           202         242              5 L        60 L  B           .......
         ...............................             ................   III   3                B1, IB3, T2, TP1  150           203         242             60 L       220 L  A           .......
         Cobalt naphthenates, powder            4.1  UN2001             III   4.1       A19, IB8, IP3, T1, TP33  151           213         240            25 kg      100 kg  A
         Cobalt resinate, precipitated          4.1  UN1318             III   4.1        A1, A19, IB6, T1, TP33  151           213         240            25 kg      100 kg  A
         Coke, hot                        Forbidden
         Collodion, see Nitrocellulose
          etc
 D G     Combustible liquid, n.o.s.        Comb liq  NA1993             III   None            148, IB3, T1, TP1  150           203         241             60 L       220 L  A           .......
   G     Components, explosive train,          1.2B  UN0382            .....  1.2B                          101  None          62          None       Forbidden   Forbidden  05               25
          n.o.s.
   G     Components, explosive train,          1.4B  UN0383            .....  1.4B                          101  None          62          None       Forbidden       75 kg  05               25
          n.o.s.
   G     Components, explosive train,          1.4S  UN0384            .....  1.4S                          101  None          62          None           25 kg      100 kg  01               25
          n.o.s.
   G     Components, explosive train,          1.1B  UN0461            .....  1.1B                          101  None          62          None       Forbidden   Forbidden  05               25
          n.o.s.
         Composition B, see Hexolite,
          etc
 D G     Compounds, cleaning liquid               8  NA1760               I   8         A7, B10, T14, TP2, TP27  None          201         243            0.5 L       2.5 L  B                40
         ...............................             ................    II   8         386, B2, IB2, N37, T11,  154           202         242              1 L        30 L  B                40
                                                                                                      TP2, TP27
         ...............................             ................   III   8         386, IB3, N37, T7, TP1,  154           203         241              5 L        60 L  A                40
                                                                                                           TP28
 D G     Compounds, cleaning liquid               3  NA1993               I   3                        T11, TP1  150           201         243              1 L        30 L  E
                                                                         II   3         IB2, T7, TP1, TP8, TP28  150           202         242              5 L        60 L  B
                                                                        III   3          B1, B52, IB3, T4, TP1,  150           203         242             60 L       220 L  A
                                                                                                           TP29
 D G     Compounds, tree killing, liquid          8  NA1760               I   8         A7, B10, T14, TP2, TP27  None          201         243            0.5 L       2.5 L  B                40
          or Compounds, weed killing,
          liquid
                                                                         II   8         B2, IB2, N37, T11, TP2,  154           202         242              1 L        30 L  B                40
                                                                                                           TP27
                                                                        III   8         IB3, N37, T7, TP1, TP28  154           203         241              5 L        60 L  A                40
 D G     Compounds, tree killing, liquid          3  NA1993               I   3                        T11, TP1  150           201         243              1 L        30 L  E
          or Compounds, weed killing,
          liquid
                                                                         II   3         IB2, T7, TP1, TP8, TP28  150           202         242              5 L        60 L  B
                                                                        III   3          B1, B52, IB3, T4, TP1,  150           203         242             60 L       220 L  A
                                                                                                           TP29

[[Page 197]]

 
 D G     Compounds, tree killing, liquid        6.1  NA2810               I   6.1          T14, TP2, TP13, TP27  None          201         243              1 L        30 L  B                40
          or Compounds, weed killing,
          liquid
                                                                         II   6.1           IB2, T11, TP2, TP27  153           202         243              5 L        60 L  B                40
                                                                        III   6.1            IB3, T7, TP1, TP28  153           203         241             60 L       220 L  A                40
   G     Compressed gas, flammable,             2.1  UN1954                   2.1                                306           302, 305    314, 315   Forbidden      150 kg  D                40
          n.o.s.
   G     Compressed gas, n.o.s                  2.2  UN1956                   2.2                                306, 307      302, 305    314, 315       75 kg      150 kg  A
   G     Compressed gas, oxidizing,             2.2  UN3156                   2.2, 5.1                      A14  306           302         314, 315       75 kg      150 kg  D
          n.o.s.
 G I     Compressed gas, toxic,                 2.3  UN3304                   2.3, 8                          1  None          192         245        Forbidden   Forbidden  D                40
          corrosive, n.o.s. Inhalation
          Hazard Zone A
 G I     Compressed gas, toxic,                 2.3  UN3304                   2.3, 8                 2, B9, B14  None          302, 305    314, 315   Forbidden   Forbidden  D                40
          corrosive, n.o.s. Inhalation
          Hazard Zone B
 G I     Compressed gas, toxic,                 2.3  UN3304                   2.3, 8                     3, B14  None          302, 305    314, 315   Forbidden   Forbidden  D                40
          corrosive, n.o.s. Inhalation
          Hazard Zone C
 G I     Compressed gas, toxic,                 2.3  UN3304                   2.3, 8                          4  None          302, 305    314, 315   Forbidden   Forbidden  D                40
          corrosive, n.o.s. Inhalation
          Hazard Zone D
 G I     Compressed gas, toxic,                 2.3  UN3305                   2.3,                            1  None          192         245        Forbidden   Forbidden  D            17, 40
          flammable, corrosive, n.o.s.                                         2.1, 8
          Inhalation Hazard Zone A
 G I     Compressed gas, toxic,                 2.3  UN3305                   2.3,                   2, B9, B14  None          302, 305    314, 315   Forbidden   Forbidden  D            17, 40
          flammable, corrosive, n.o.s.                                         2.1, 8
          Inhalation Hazard Zone B
 G I     Compressed gas, toxic,                 2.3  UN3305                   2.3,                       3, B14  None          302, 305    314, 315   Forbidden   Forbidden  D            17, 40
          flammable, corrosive, n.o.s.                                         2.1, 8
          Inhalation Hazard Zone C
 G I     Compressed gas, toxic,                 2.3  UN3305                   2.3,                            4  None          302, 305    314, 315   Forbidden   Forbidden  D            17, 40
          flammable, corrosive, n.o.s.                                         2.1, 8
          Inhalation Hazard Zone D
   G     Compressed gas, toxic,                 2.3  UN1953                   2.3, 2.1                        1  None          192         245        Forbidden   Forbidden  D                40
          flammable, n.o.s. Inhalation
          hazard Zone A
   G     Compressed gas, toxic,                 2.3  UN1953                   2.3, 2.1               2, B9, B14  None          302, 305    314, 315   Forbidden   Forbidden  D                40
          flammable, n.o.s. Inhalation
          hazard Zone B
   G     Compressed gas, toxic,                 2.3  UN1953                   2.3, 2.1                   3, B14  None          302, 305    314, 315   Forbidden   Forbidden  D                40
          flammable, n.o.s. Inhalation
          Hazard Zone C
   G     Compressed gas, toxic,                 2.3  UN1953                   2.3, 2.1                        4  None          302, 305    314, 315   Forbidden   Forbidden  D                40
          flammable, n.o.s. Inhalation
          Hazard Zone D
   G     Compressed gas, toxic, n.o.s.          2.3  UN1955                   2.3                             1  None          192         245        Forbidden   Forbidden  D                40
          Inhalation Hazard Zone A
   G     Compressed gas, toxic, n.o.s.          2.3  UN1955                   2.3                    2, B9, B14  None          302, 305    314, 315   Forbidden   Forbidden  D                40
          Inhalation Hazard Zone B
   G     Compressed gas, toxic, n.o.s.          2.3  UN1955                   2.3                        3, B14  None          302, 305    314, 315   Forbidden   Forbidden  D                40
          Inhalation Hazard Zone C
   G     Compressed gas, toxic, n.o.s.          2.3  UN1955                   2.3                             4  None          302, 305    314, 315   Forbidden   Forbidden  D                40
          Inhalation Hazard Zone D
 G I     Compressed gas, toxic,                 2.3  UN3306                   2.3,                            1  None          192         244        Forbidden   Forbidden  D           40, 89,
          oxdizing, corrosive, n.o.s.                                          5.1, 8                                                                                                         90
          Inhalation Hazard Zone A

[[Page 198]]

 
 G I     Compressed gas, toxic,                 2.3  UN3306                   2.3,                   2, B9, B14  None          302, 305    314, 315   Forbidden   Forbidden  D           40, 89,
          oxidizing, corrosive, n.o.s.                                         5.1, 8                                                                                                         90
          Inhalation Hazard Zone B
 G I     Compressed gas, toxic,                 2.3  UN3306                   2.3,                       3, B14  None          302, 305    314, 315   Forbidden   Forbidden  D           40, 89,
          oxidizing, corrosive, n.o.s.                                         5.1, 8                                                                                                         90
          Inhalation Hazard Zone C
 G I     Compressed gas, toxic,                 2.3  UN3306                   2.3,                            4  None          302, 305    314, 315   Forbidden   Forbidden  D           40, 89,
          oxidizing, corrosive, n.o.s.                                         5.1, 8                                                                                                         90
          Inhalation Hazard Zone D
   G     Compressed gas, toxic,                 2.3  UN3303                   2.3, 5.1                        1  None          192         245        Forbidden   Forbidden  D                40
          oxidizing, n.o.s. Inhalation
          Hazard Zone A
   G     Compressed gas, toxic,                 2.3  UN3303                   2.3, 5.1               2, B9, B14  None          302, 305    314, 315   Forbidden   Forbidden  D                40
          oxidizing, n.o.s. Inhalation
          Hazard Zone B
   G     Compressed gas, toxic,                 2.3  UN3303                   2.3, 5.1                   3, B14  None          302, 305    314, 315   Forbidden   Forbidden  D                40
          oxidizing, n.o.s. Inhalation
          Hazard Zone C
   G     Compressed gas, toxic,                 2.3  UN3303                   2.3, 5.1                        4  None          302, 305    314, 315   Forbidden   Forbidden  D                40
          oxidizing, n.o.s. Inhalation
          Hazard Zone D
   D     Consumer commodity                   ORM-D  ................  .....  None                          222  156, 306      156, 306    None           30 kg   Forbidden  A
                                                                                                                                                          gross
         Consumer commodity                       9  ID8000                   9                                  167           167         None           30 kg       30 kg
                                                                                                                                                          gross       gross
   G     Contrivances, water-activated,        1.2L  UN0248            .....  1.2L      .......................  None          62          None       Forbidden   Forbidden  05              25,
          with burster, expelling charge                                                                                                                                                    14E,
          or propelling charge                                                                                                                                                              15E,
                                                                                                                                                                                             17E
   G     Contrivances, water-activated,        1.3L  UN0249            .....  1.3L      .......................  None          62          None       Forbidden   Forbidden  05              25,
          with burster, expelling charge                                                                                                                                                    14E,
          or propelling charge                                                                                                                                                              15E,
                                                                                                                                                                                             17E
         Copper acetoarsenite                   6.1  UN1585              II   6.1       IB8, IP2, IP4, T3, TP33  153           212         242            25 kg      100 kg  A
         Copper acetylide                 Forbidden
         Copper amine azide               Forbidden
         Copper arsenite                        6.1  UN1586              II   6.1       IB8, IP2, IP4, T3, TP33  153           212         242            25 kg      100 kg  A
         Copper based pesticides,                 3  UN2776               I   3, 6.1       T14, TP2, TP13, TP27  None          201         243        Forbidden        30 L  B                40
          liquid, flammable, toxic,
          flash point less than 23
          degrees C
                                                                         II   3, 6.1       IB2, T11, TP2, TP13,  150           202         243              1 L        60 L  B                40
                                                                                                           TP27

[[Page 199]]

 
         Copper based pesticides,               6.1  UN3010               I   6.1          T14, TP2, TP13, TP27  None          201         243              1 L        30 L  B                40
          liquid, toxic
                                                                         II   6.1          IB2, T11, TP2, TP13,  153           202         243              5 L        60 L  B                40
                                                                                                           TP27
                                                                        III   6.1            IB3, T7, TP2, TP28  153           203         241             60 L       220 L  A                40
         Copper based pesticides,               6.1  UN3009               I   6.1, 3       T14, TP2, TP13, TP27  None          201         243              1 L        30 L  B                40
          liquid, toxic, flammable,
          flash point not less than 23
          degrees C
                                                                         II   6.1, 3       IB2, T11, TP2, TP13,  153           202         243              5 L        60 L  B                40
                                                                                                           TP27
                                                                        III   6.1, 3     B1, IB3, T7, TP2, TP28  153           203         242             60 L       220 L  A                40
         Copper based pesticides, solid,        6.1  UN2775               I   6.1            IB7, IP1, T6, TP33  None          211         242             5 kg       50 kg  A                40
          toxic
                                                                         II   6.1       IB8, IP2, IP4, T3, TP33  153           212         242            25 kg      100 kg  A                40
                                                                        III   6.1            IB8, IP3, T1, TP33  153           213         240           100 kg      200 kg  A                40
         Copper chlorate                        5.1  UN2721              II   5.1        A1, IB8, IP2, IP4, T3,  152           212         242             5 kg       25 kg  A            56, 58
                                                                                                           TP33
         Copper chloride                          8  UN2802             III   8              IB8, IP3, T1, TP33  154           213         240            25 kg      100 kg  A
         Copper cyanide                         6.1  UN1587              II   6.1       IB8, IP2, IP4, T3, TP33  153           204         242            25 kg      100 kg  A                52
         Copper selenate, see Selenates
          or Selenites
         Copper selenite, see Selenates
          or Selenites
         Copper tetramine nitrate         Forbidden
A W      Copra                                  4.2  UN1363             III   4.2                 IB8, IP3, IP7  None          213         241        Forbidden   Forbidden  A           13, 25,
                                                                                                                                                                                             119
         Cord, detonating, flexible            1.1D  UN0065            .....  1.1D                     102, 148  63(a)         62          None       Forbidden   Forbidden  04               25
         Cord, detonating, flexible            1.4D  UN0289            .....  1.4D                          148  None          62          None       Forbidden       75 kg  02               25
         Cord detonating or Fuse               1.2D  UN0102            .....  1.2D      .......................  None          62          None       Forbidden   Forbidden  04               25
          detonating metal clad
         Cord, detonating or Fuse,             1.1D  UN0290            .....  1.1D      .......................  None          62          None       Forbidden   Forbidden  04               25
          detonating metal clad
         Cord, detonating, mild effect         1.4D  UN0104            .....  1.4D      .......................  None          62          None       Forbidden       75 kg  02               25
          or Fuse, detonating, mild
          effect metal clad
         Cord, igniter                         1.4G  UN0066            .....  1.4G      .......................  None          62          None       Forbidden       75 kg  02               25
         Cordeau detonant fuse, see
          Cord, detonating, etc; Cord,
          detonating, flexible
         Cordite, see Powder, smokeless
   G     Corrosive liquid, acidic,                8  UN3264               I   8         A6, B10, T14, TP2, TP27  None          201         243            0.5 L       2.5 L  B                40
          inorganic, n.o.s
                                                                         II   8         386, B2, IB2, T11, TP2,  154           202         242              1 L        30 L  B                40
                                                                                                           TP27
                                                                        III   8              IB3, T7, TP1, TP28  154           203         241              5 L        60 L  A                40
   G     Corrosive liquid, acidic,                8  UN3265               I   8         A6, B10, T14, TP2, TP27  None          201         243            0.5 L       2.5 L  B                40
          organic, n.o.s
                                                                         II   8         148, B2, IB2, T11, TP2,  154           202         242              1 L        30 L  B                40
                                                                                                           TP27
                                                                        III   8         386, IB3, T7, TP1, TP28  154           203         241              5 L        60 L  A                40

[[Page 200]]

 
   G     Corrosive liquid, basic,                 8  UN3266               I   8              A6, T14, TP2, TP27  None          201         243            0.5 L       2.5 L  B            40, 52
          inorganic, n.o.s
                                                                         II   8         386, B2, IB2, T11, TP2,  154           202         242              1 L        30 L  B            40, 52
                                                                                                           TP27
                                                                        III   8              IB3, T7, TP1, TP28  154           203         241              5 L        60 L  A            40, 52
   G     Corrosive liquid, basic,                 8  UN3267               I   8         A6, B10, T14, TP2, TP27  None          201         243            0.5 L       2.5 L  B            40, 52
          organic, n.o.s.
                                                                         II   8         B2, IB2, T11, TP2, TP27  154           202         242              1 L        30 L  B            40, 52
                                                                        III   8              IB3, T7, TP1, TP28  154           203         241              5 L        60 L  A            40, 52
   G     Corrosive liquid, self-heating,          8  UN3301               I   8, 4.2                    A6, B10  None          201         243            0.5 L       2.5 L  D
          n.o.s.
                                                                         II   8, 4.2                    B2, IB1  154           202         242              1 L        30 L  D
   G     Corrosive liquids, flammable,            8  UN2920               I   8, 3      A6, B10, T14, TP2, TP27  None          201         243            0.5 L       2.5 L  C            25, 40
          n.o.s.
         ...............................             ................    II   8, 3      B2, IB2, T11, TP2, TP27  154           202         243              1 L        30 L  C            25, 40
   G     Corrosive liquids, n.o.s                 8  UN1760               I   8          A6, A7, B10, T14, TP2,  None          201         243            0.5 L       2.5 L  B                40
                                                                                                           TP27
         ...............................             ................    II   8         B2, IB2, T11, TP2, TP27  154           202         242              1 L        30 L  B                40
         ...............................             ................   III   8              IB3, T7, TP1, TP28  154           203         241              5 L        60 L  A                40
   G     Corrosive liquids, oxidizing,            8  UN3093               I   8, 5.1                     A6, A7  None          201         243        Forbidden       2.5 L  C                89
          n.o.s.
                                                                         II   8, 5.1                A6, A7, IB2  None          202         243              1 L        30 L  C                89
   G     Corrosive liquids, toxic,                8  UN2922               I   8, 6.1     A6, A7, B10, T14, TP2,  None          201         243            0.5 L       2.5 L  B                40
          n.o.s.                                                                                     TP13, TP27
                                                                         II   8, 6.1           B3, IB2, T7, TP2  154           202         243              1 L        30 L  B                40
                                                                        III   8, 6.1         IB3, T7, TP1, TP28  154           203         241              5 L        60 L  B                40
   G     Corrosive liquids, water-                8  UN3094               I   8, 4.3                     A6, A7  None          201         243        Forbidden         1 L  E           13, 148
          reactive, n.o.s
                                                                         II   8, 4.3                     A6, A7  None          202         243              1 L         5 L  E           13, 148
   G     Corrosive solid, acidic,                 8  UN3260               I   8              IB7, IP1, T6, TP33  None          211         242             1 kg       25 kg  B
          inorganic, n.o.s.
                                                                         II   8         IB8, IP2, IP4, T3, TP33  154           212         240            15 kg       50 kg  B
                                                                        III   8              IB8, IP3, T1, TP33  154           213         240            25 kg      100 kg  A
   G     Corrosive solid, acidic,                 8  UN3261               I   8              IB7, IP1, T6, TP33  None          211         242             1 kg       25 kg  B
          organic, n.o.s.
                                                                         II   8         IB8, IP2, IP4, T3, TP33  154           212         240            15 kg       50 kg  B
                                                                        III   8              IB8, IP3, T1, TP33  154           213         240            25 kg      100 kg  A
   G     Corrosive solid, basic,                  8  UN3262               I   8              IB7, IP1, T6, TP33  None          211         242             1 kg       25 kg  B                52
          inorganic, n.o.s.
                                                                         II   8         IB8, IP2, IP4, T3, TP33  154           212         240            15 kg       50 kg  B                52

[[Page 201]]

 
                                                                        III   8              IB8, IP3, T1, TP33  154           213         240            25 kg      100 kg  A                52
   G     Corrosive solid, basic,                  8  UN3263               I   8              IB7, IP1, T6, TP33  None          211         242             1 kg       25 kg  B                52
          organic, n.o.s.
                                                                         II   8         IB8, IP2, IP4, T3, TP33  154           212         240            15 kg       50 kg  B                52
                                                                        III   8              IB8, IP3, T1, TP33  154           213         240            25 kg      100 kg  A                52
   G     Corrosive solids, flammable,             8  UN2921               I   8, 4.1              IB6, T6, TP33  None          211         242             1 kg       25 kg  B            12, 25
          n.o.s.
                                                                         II   8, 4.1    IB8, IP2, IP4, T3, TP33  None          212         242            15 kg       50 kg  B            12, 25
   G     Corrosive solids, n.o.s.                 8  UN1759               I   8              IB7, IP1, T6, TP33  None          211         242             1 kg       25 kg  B
                                                                         II   8         128, IB8, IP2, IP4, T3,  154           212         240            15 kg       50 kg  A
                                                                                                           TP33
                                                                        III   8         128, IB8, IP3, T1, TP33  154           213         240            25 kg      100 kg  A
   G     Corrosive solids, oxidizing,             8  UN3084               I   8, 5.1                   T6, TP33  None          211         242             1 kg       25 kg  C
          n.o.s.
                                                                         II   8, 5.1         IB6, IP2, T3, TP33  None          212         242            15 kg       50 kg  C
   G     Corrosive solids, self-heating,          8  UN3095               I   8, 4.2                   T6, TP33  None          211         243             1 kg       25 kg  C
          n.o.s.
                                                                         II   8, 4.2         IB6, IP2, T3, TP33  None          212         242            15 kg       50 kg  C
   G     Corrosive solids, toxic, n.o.s           8  UN2923               I   8, 6.1              IB7, T6, TP33  None          211         242             1 kg       25 kg  B                40
                                                                         II   8, 6.1    IB8, IP2, IP4, T3, TP33  154           212         240            15 kg       50 kg  B                40
                                                                        III   8, 6.1         IB8, IP3, T1, TP33  154           213         240            25 kg      100 kg  B                40
   G     Corrosive solids, water-                 8  UN3096               I   8, 4.3         IB4, IP1, T6, TP33  None          211         243             1 kg       25 kg  D           13, 148
          reactive, n.o.s
                                                                         II   8, 4.3        IB6, IP2, T3, TP33,  None          212         242            15 kg       50 kg  D           13, 148
                                                                                                           W100
 D W     Cotton                                   9  NA1365                   9         137, IB8, IP2, IP4, W41  None          None        None        No limit    No limit  A
 A W     Cotton waste, oily                     4.2  UN1364             III   4.2                 IB8, IP3, IP7  None          213         None       Forbidden   Forbidden  A                54
A I W    Cotton, wet                            4.2  UN1365             III   4.2                 IB8, IP3, IP7  None          204         241        Forbidden   Forbidden  A
         Coumarin derivative pesticides,          3  UN3024               I   3, 6.1       T14, TP2, TP13, TP27  None          201         243        Forbidden        30 L  B                40
          liquid, flammable, toxic,
          flash point less than 23
          degrees C
                                                                         II   3, 6.1       IB2, T11, TP2, TP13,  150           202         243              1 L        60 L  B                40
                                                                                                           TP27
         Coumarin derivative pesticides,        6.1  UN3026               I   6.1          T14, TP2, TP13, TP27  None          201         243              1 L        30 L  B                40
          liquid, toxic
                                                                         II   6.1           IB2, T11, TP2, TP27  153           202         243              5 L        60 L  B                40
                                                                        III   6.1            IB3, T7, TP1, TP28  153           203         241             60 L       220 L  A                40
         Coumarin derivative pesticides,        6.1  UN3025               I   6.1, 3       T14, TP2, TP13, TP27  None          201         243              1 L        30 L  B                40
          liquid, toxic, flammable,
          flash point not less than 23
          degrees C
                                                                         II   6.1, 3       IB2, T11, TP2, TP13,  153           202         243              5 L        60 L  B                40
                                                                                                           TP27
                                                                        III   6.1, 3     B1, IB3, T7, TP1, TP28  153           203         242             60 L       220 L  A                40
         Coumarin derivative pesticides,        6.1  UN3027               I   6.1            IB7, IP1, T6, TP33  None          211         242             5 kg       50 kg  A                40
          solid, toxic
                                                                         II   6.1       IB8, IP2, IP4, T3, TP33  153           212         242            25 kg      100 kg  A                40
                                                                        III   6.1            IB8, IP3, T1, TP33  153           213         240           100 kg      200 kg  A                40
         Cresols, liquid                        6.1  UN2076              II   6.1, 8     IB2, IP2, IP4, T7, TP2  153           202         243              1 L        30 L  B
         Cresols, solid                         6.1  UN3455              II   6.1, 8    IB8, IP2, IP4, T3, TP33  153           212         242            15 kg       50 kg  B
         Cresylic acid                          6.1  UN2022              II   6.1, 8         IB2, T7, TP2, TP13  153           202         243              1 L        30 L  B
         Crotonaldehyde or                      6.1  UN1143               I   6.1, 3      2, 175, 387, B9, B14,  None          227         244        Forbidden   Forbidden  D            25, 40
          Crotonaldehyde, stabilized                                                        B32, B77, T20, TP2,
                                                                                               TP13, TP38, TP45

[[Page 202]]

 
         Crotonic acid, liquid                    8  UN3472             III   8                         IB8, T1  154           203         241              5 L        60 L  A            12, 25
         Crotonic acid, solid                     8  UN2823             III   8              IB8, IP3, T1, TP33  154           213         240            25 kg      100 kg  A            12, 25
         Crotonylene                              3  UN1144               I   3                        T11, TP2  150           201         243              1 L        30 L  E
         Cupriethylenediamine solution            8  UN1761              II   8, 6.1               IB2, T7, TP2  154           202         243              1 L        30 L  A
                                                                        III   8, 6.1         IB3, T7, TP1, TP28  154           203         242              5 L        60 L  A                95
         Cutters, cable, explosive             1.4S  UN0070            .....  1.4S      .......................  None          62          62             25 kg      100 kg  01               25
         Cyanide or cyanide mixtures,
          dry, see Cyanides, inorganic,
          solid, n.o.s.
   G     Cyanide solutions, n.o.s.              6.1  UN1935               I   6.1          T14, TP2, TP13, TP27  None          201         243              1 L        30 L  B            40, 52
                                                                         II   6.1          IB2, T11, TP2, TP13,  153           202         243              5 L        60 L  A            40, 52
                                                                                                           TP27
                                                                        III   6.1           IB3, T7, TP2, TP13,  153           203         241             60 L       220 L  A            40, 52
                                                                                                           TP28
         Cyanides, inorganic, solid,            6.1  UN1588               I   6.1       IB7, IP1, N74, N75, T6,  None          211         242             5 kg       50 kg  A                52
          n.o.s.                                                                                           TP33
                                                                         II   6.1           IB8, IP2, IP4, N74,  153           212         242            25 kg      100 kg  A                52
                                                                                                  N75, T3, TP33
                                                                        III   6.1       IB8, IP3, N74, N75, T1,  153           213         240           100 kg      200 kg  A                52
                                                                                                           TP33
         Cyanogen                               2.3  UN1026                   2.3, 2.1                        2  None          304         245        Forbidden   Forbidden  D                40
         Cyanogen bromide                       6.1  UN1889               I   6.1, 8      A6, A8, T6, TP33, W31  None          211         242             1 kg       15 kg  D            40, 52
         Cyanogen chloride, stabilized          2.3  UN1589            .....  2.3, 8                     1, 387  None          192         245        Forbidden   Forbidden  D            25, 40
         Cyanuric chloride                        8  UN2670              II   8         IB8, IP2, IP4, T3, TP33  None          212         240            15 kg       50 kg  A           12, 25,
                                                                                                                                                                                              40
         Cyanuric triazide                Forbidden
         Cyclobutane                            2.1  UN2601                   2.1                                306           304         314, 315   Forbidden      150 kg  B                40
         Cyclobutyl chloroformate               6.1  UN2744              II   6.1, 8,        IB1, T7, TP2, TP13  153           202         243              1 L        30 L  A           12, 13,
                                                                               3                                                                                                         21, 25,
                                                                                                                                                                                         40, 100
         1,5,9-Cyclododecatriene                6.1  UN2518             III   6.1                  IB3, T4, TP1  153           203         241             60 L       220 L  A                40
         Cycloheptane                             3  UN2241              II   3                    IB2, T4, TP2  150           202         242              5 L        60 L  B                40
         Cycloheptatriene                         3  UN2603              II   3, 6.1         IB2, T7, TP1, TP13  150           202         243              1 L        60 L  E                40
         Cycloheptene                             3  UN2242              II   3                B1, IB2, T4, TP1  150           202         242              5 L        60 L  B
         Cyclohexane                              3  UN1145              II   3                    IB2, T4, TP1  150           202         242              5 L        60 L  E
         Cyclohexanone                            3  UN1915             III   3                B1, IB3, T2, TP1  150           203         242             60 L       220 L  A

[[Page 203]]

 
         Cyclohexene                              3  UN2256              II   3                    IB2, T4, TP1  150           202         242              5 L        60 L  E
         Cyclohexenyltrichlorosilane              8  UN1762              II   8          A7, B2, N34, T10, TP2,  None          206         242        Forbidden        30 L  C                40
                                                                                                      TP7, TP13
         Cyclohexyl acetate                       3  UN2243             III   3                B1, IB3, T2, TP1  150           203         242             60 L       220 L  A
         Cyclohexyl isocyanate                  6.1  UN2488               I   6.1, 3      2, B9, B14, B32, B77,  None          227         244        Forbidden   Forbidden  D                40
                                                                                          T20, TP2, TP13, TP38,
                                                                                                           TP45
         Cyclohexyl mercaptan                     3  UN3054             III   3                B1, IB3, T2, TP1  150           203         242             60 L       220 L  A           40, 95,
                                                                                                                                                                                             102
         Cyclohexylamine                          8  UN2357              II   8, 3                 IB2, T7, TP2  None          202         243              1 L        30 L  A                40
         Cyclohexyltrichlorosilane                8  UN1763              II   8          A7, B2, N34, T10, TP2,  None          206         242        Forbidden        30 L  C                40
                                                                                                      TP7, TP13
         Cyclonite and
          cyclotetramethylenetetranitram
          ine mixtures, wetted or
          desensitized see RDX and HMX
          mixtures, wetted or
          desensitized etc
         Cyclonite and HMX mixtures,
          wetted or desensitized see RDX
          and HMX mixtures, wetted or
          desensitized etc
         Cyclonite and octogen mixtures,
          wetted or desensitized see RDX
          and HMX mixtures, wetted or
          desensitized etc
         Cyclonite, see
          Cyclotrimethylenetrinitramine,
          etc
         Cyclooctadiene phosphines, see
          9-Phosphabicyclononanes
         Cyclooctadienes                          3  UN2520             III   3                B1, IB3, T2, TP1  150           203         242             60 L       220 L  A
         Cyclooctatetraene                        3  UN2358              II   3                    IB2, T4, TP1  150           202         242              5 L        60 L  B
         Cyclopentane                             3  UN1146              II   3                    IB2, T7, TP1  150           202         242              5 L        60 L  E
         Cyclopentane, methyl, see
          Methylcyclopentane
         Cyclopentanol                            3  UN2244             III   3                B1, IB3, T2, TP1  150           203         242             60 L       220 L  A
         Cyclopentanone                           3  UN2245             III   3                B1, IB3, T2, TP1  150           203         242             60 L       220 L  A
         Cyclopentene                             3  UN2246              II   3               IB2, IP8, T7, TP2  150           202         242              5 L        60 L  E
         Cyclopropane                           2.1  UN1027                   2.1                           T50  306           304         314, 315   Forbidden      150 kg  E                40
         Cyclotetramethylene              Forbidden
          tetranitramine (dry or
          unphlegmatized) (HMX)
         Cyclotetramethylenetetranitrami       1.1D  UN0484            .....  1.1D      .......................  None          62          None       Forbidden   Forbidden  04               25
          ne, desensitized or Octogen,
          desensitized or HMX,
          desensitized
         Cyclotetramethylenetetranitrami       1.1D  UN0226            .....  1.1D      .......................  None          62          None       Forbidden   Forbidden  04               25
          ne, wetted or HMX, wetted or
          Octogen, wetted with not less
          than 15 percent water, by mass

[[Page 204]]

 
         Cyclotrimethylenenitramine and
          octogen, mixtures, wetted or
          desensitized see RDX and HMX
          mixtures, wetted or
          desensitized, etc
         Cyclotrimethylenetrinitramine
          and
          cyclotetramethylenetetranitram
          ine mixtures, wetted or
          desensitized see RDX and HMX
          mixtures, wetted or
          desensitized etc
         Cyclotrimethylenetrinitramine                                        ........
          and HMX mixtures, wetted or
          desensitized see RDX and HMX
          mixtures, wetted or
          desensitized etc
         Cyclotrimethylenetrinitramine,        1.1D  UN0483            .....  1.1D      .......................  None          62          None       Forbidden   Forbidden  04               25
          desensitized or Cyclonite,
          desensitized or Hexogen,
          desensitized or RDX,
          desensitized
         Cyclotrimethylenetrinitramine,        1.1D  UN0072            .....  1.1D      .......................  None          62          None       Forbidden   Forbidden  04               25
          wetted or Cyclonite, wetted or
          Hexogen, wetted or RDX, wetted
          with not less than 15 percent
          water by mass
         Cymenes                                  3  UN2046             III   3                B1, IB3, T2, TP1  150           203         242             60 L       220 L  A
         Dangerous Goods in Machinery or          9  UN3363                                           136, A105  None          222         None        See A105    See A105  A.
          Dangerous Goods in Apparatus
         Decaborane                             4.1  UN1868              II   4.1, 6.1  A19, A20, IB6, IP2, T3,  None          212         None       Forbidden       50 kg  A                74
                                                                                                      TP33, W31
         Decahydronaphthalene                     3  UN1147             III   3                B1, IB3, T2, TP1  150           203         242             60 L       220 L  A
         n-Decane                                 3  UN2247             III   3                B1, IB3, T2, TP1  150           203         242             60 L       220 L  A
         Deflagrating metal salts of           1.3C  UN0132            .....  1.3C      .......................  None          62          None       Forbidden   Forbidden  04           25, 5E
          aromatic nitroderivatives,
          n.o.s.
         Delay electric igniter, see
          Igniters
   D     Denatured alcohol                        3  NA1987              II   3                         172, T8  150           202         242              5 L        60 L  B
                                                                        III   3                     172, B1, T7  150           203         242             60 L       220 L  A
         Depth charges, see Charges,
          depth
   G     Desensitized explosive, liquid,          3  UN3379               I   3                             164  None          201         None       Forbidden   Forbidden  D                36
          n.o.s.
   G     Desensitized explosive, solid,         4.1  UN3380               I   4.1                           164  None          211         None       Forbidden   Forbidden  D            28, 36
          n.o.s.

[[Page 205]]

 
         Detonating relays, see
          Detonators, etc
         Detonator assemblies, non-            1.1B  UN0360            .....  1.1B      .......................  None          62          None       Forbidden   Forbidden  05               25
          electric for blasting
         Detonator assemblies, non-            1.4B  UN0361            .....  1.4B                     103, 148  63(f), 63(g)  62          None       Forbidden       75 kg  05               25
          electric, for blasting
         Detonator assemblies, non-            1.4S  UN0500            .....  1.4S                     148, 347  63(f), 63(g)  62          None           25 kg      100 kg  01               25
          electric, for blasting
         Detonators, electric, for             1.1B  UN0030            .....  1.1B                          148  63(f), 63(g)  62          None       Forbidden   Forbidden  05               25
          blasting
         Detonators, electric, for             1.4B  UN0255            .....  1.4B                     103, 148  63(f), 63(g)  62          None       Forbidden       75 kg  05               25
          blasting
         Detonators, electric for              1.4S  UN0456            .....  1.4S                     148, 347  63(f), 63(g)  62          None           25 kg      100 kg  01               25
          blasting
         Detonators for ammunition             1.1B  UN0073            .....  1.1B      .......................  None          62          None       Forbidden   Forbidden  05               25
         Detonators for ammunition             1.2B  UN0364            .....  1.2B      .......................  None          62          None       Forbidden   Forbidden  05               25
         Detonators for ammunition             1.4B  UN0365            .....  1.4B                          103  None          62          None       Forbidden       75 kg  05               25
         Detonators for ammunition             1.4S  UN0366            .....  1.4S                          347  None          62          None           25 kg      100 kg  01               25
         Detonators, non-electric, for         1.1B  UN0029            .....  1.1B      .......................  None          62          None       Forbidden   Forbidden  05               25
          blasting
         Detonators, non-electric, for         1.4B  UN0267            .....  1.4B                          103  63(f), 63(g)  62          None       Forbidden       75 kg  05               25
          blasting
         Detonators, non-electric, for         1.4S  UN0455            .....  1.4S                     148, 347  63(f), 63(g)  62          None           25 kg      100 kg  01               25
          blasting
         Deuterium, compressed                  2.1  UN1957                   2.1                           N89  306           302         None       Forbidden      150 kg  E                40
         Devices, small, hydrocarbon gas        2.1  UN3150                   2.1                                306           304         None            1 kg       15 kg  B                40
          powered or Hydrocarbon gas
          refills for small devices with
          release device
         Di-n-amylamine                           3  UN2841             III   3, 6.1           B1, IB3, T4, TP1  150           203         242             60 L       220 L  A
         Di-n-butyl peroxydicarbonate,    Forbidden
          with more than 52 percent in
          solution
         Di-n-butylamine                          8  UN2248              II   8, 3                 IB2, T7, TP2  None          202         243              1 L        30 L  A
         2,2-Di-(tert-butylperoxy)        Forbidden
          butane, with more than 55
          percent in solution
         Di-(tert-butylperoxy)            Forbidden
          phthalate, with more than 55
          percent in solution
         2,2-Di-(4,4-di-tert-             Forbidden
          butylperoxycyclohexyl)
          propane, with more than 42
          percent with inert solid
         Di-2,4-dichlorobenzoyl           Forbidden
          peroxide, with more than 75
          percent with water
         1,2-Di-(dimethylamino)ethane             3  UN2372              II   3                    IB2, T4, TP1  150           202         242              5 L        60 L  B
         Di-2-ethylhexyl phosphoric
          acid, see Diisooctyl acid
          phosphate
         Di-(1-hydroxytetrazole) (dry)    Forbidden
         Di-(1-naphthoyl) peroxide        Forbidden
         a,a'-Di-(nitroxy) methylether    Forbidden

[[Page 206]]

 
         Di-(beta-nitroxyethyl) ammonium  Forbidden
          nitrate
         Diacetone alcohol                        3  UN1148              II   3                    IB2, T4, TP1  150           202         242              5 L        60 L  B
                                                                        III   3                B1, IB3, T2, TP1  150           203         242             60 L       220 L  A
         Diacetone alcohol peroxides,     Forbidden
          with more than 57 percent in
          solution with more than 9
          percent hydrogen peroxide,
          less than 26 percent diacetone
          alcohol and less than 9
          percent water; total active
          oxygen content more than 9
          percent by mass
         Diacetyl, see Butanedione
         Diacetyl peroxide, solid, or     Forbidden
          with more than 25 percent in
          solution
         Diallylamine                             3  UN2359              II   3, 6.1,              IB2, T7, TP1  150           202         243              1 L         5 L  B           21, 40,
                                                                               8                                                                                                             100
         Diallylether                             3  UN2360              II   3, 6.1    IB2, N12, T7, TP1, TP13  150           202         243              1 L        60 L  E                40
         4,4'-Diaminodiphenyl methane           6.1  UN2651             III   6.1            IB8, IP3, T1, TP33  153           213         240           100 kg      200 kg  A
         p-Diazidobenzene                 Forbidden
         1,2-Diazidoethane                Forbidden
         1,1'-Diazoaminonaphthalene       Forbidden
         Diazoaminotetrazole (dry)        Forbidden
         Diazodinitrophenol (dry)         Forbidden
         Diazodinitrophenol, wetted with       1.1A  UN0074            .....  1.1A                     111, 117  None          62          None       Forbidden   Forbidden  05               25
          not less than 40 percent water
          or mixture of alcohol and
          water, by mass
         Diazodiphenylmethane             Forbidden
         Diazonium nitrates (dry)         Forbidden
         Diazonium perchlorates (dry)     Forbidden
         1,3-Diazopropane                 Forbidden
         Dibenzyl peroxydicarbonate,      Forbidden
          with more than 87 percent with
          water
         Dibenzyldichlorosilane                   8  UN2434              II   8         B2, T10, TP2, TP7, TP13  154           206         242        Forbidden        30 L  C                40
         Diborane                               2.3  UN1911                   2.3, 2.1                   1, N89  None          302         None       Forbidden   Forbidden  D            40, 57

[[Page 207]]

 
   D     Diborane mixtures                      2.1  NA1911                   2.1                             5  None          302         245        Forbidden   Forbidden  D            40, 57
         Dibromoacetylene                 Forbidden
         1,2-Dibromobutan-3-one                 6.1  UN2648              II   6.1                           IB2  153           202         243              5 L        60 L  B                40
         Dibromochloropropane                   6.1  UN2872              II   6.1                  IB2, T7, TP2  153           202         243              5 L        60 L  A
                                                                        III   6.1                  IB3, T4, TP1  153           203         241             60 L       220 L  A
   A     Dibromodifluoromethane, R12B2            9  UN1941             III   None                     T11, TP2  155           203         241            100 L       220 L  A                25
         1,2-Dibromoethane, see Ethylene
          dibromide
         Dibromomethane                         6.1  UN2664             III   6.1                  IB3, T4, TP1  153           203         241             60 L       220 L  A
         Dibutyl ethers                           3  UN1149             III   3                B1, IB3, T2, TP1  150           203         242             60 L       220 L  A
         Dibutylaminoethanol                    6.1  UN2873             III   6.1                  IB3, T4, TP1  153           203         241             60 L       220 L  A
         N,N'-Dichlorazodicarbonamidine   Forbidden
          (salts of) (dry)
         1,1-Dichloro-1-nitroethane             6.1  UN2650              II   6.1                  IB2, T7, TP2  153           202         243              5 L        60 L  A           12, 25,
                                                                                                                                                                                          40, 74
   D     3,5-Dichloro-2,4,6-                    6.1  NA9264               I   6.1         2, B9, B14, B32, T20,  None          227         244        Forbidden   Forbidden  A                40
          trifluoropyridine                                                               TP4, TP13, TP38, TP45
         Dichloroacetic acid                      8  UN1764              II   8            A3, A6, A7, B2, IB2,  154           202         242              1 L        30 L  A
                                                                                                   N34, T8, TP2
         1,3-Dichloroacetone                    6.1  UN2649              II   6.1       IB8, IP2, IP4, T3, TP33  153           212         242            25 kg      100 kg  B           12, 25,
                                                                                                                                                                                              40
         Dichloroacetyl chloride                  8  UN1765              II   8             A3, A6, A7, B2, B6,  154           202         242              1 L        30 L  D                40
                                                                                              IB2, N34, T7, TP2
         Dichloroacetylene                Forbidden
   +     Dichloroanilines, liquid               6.1  UN1590              II   6.1                  IB2, T7, TP2  153           202         243              5 L        60 L  A                40
         Dichloroanilines, solid                6.1  UN3442              II   6.1       IB8, IP2, IP4, T3, TP33  153           212         242            25 kg      100 kg  A                40
   +     o-Dichlorobenzene                      6.1  UN1591             III   6.1                  IB3, T4, TP1  153           203         241             60 L       220 L  A
         2,2'-Dichlorodiethyl ether             6.1  UN1916              II   6.1, 3     IB2, N33, N34, T7, TP2  153           202         243              5 L        60 L  A
         Dichlorodifluoromethane and            2.2  UN2602                   2.2                           T50  306           304         314, 315       75 kg      150 kg  A
          difluoroethane azeotropic
          mixture or Refrigerant gas R
          500 with approximately 74
          percent
          dichlorodifluoromethane
         Dichlorodifluoromethane or             2.2  UN1028                   2.2                           T50  306           304         314, 315       75 kg      150 kg  A
          Refrigerant gas R 12
         Dichlorodimethyl ether,                6.1  UN2249               I   6.1, 3                             None          201         243        Forbidden   Forbidden                   40
          symmetrical
         1,1-Dichloroethane                       3  UN2362              II   3                    IB2, T4, TP1  150           202         242              5 L        60 L  B                40
         1,2-Dichloroethane, see
          Ethylene dichloride
         Dichloroethyl sulfide            Forbidden
         1,2-Dichloroethylene                     3  UN1150              II   3                    IB2, T7, TP2  150           202         242              5 L        60 L  B
         Dichlorofluoromethane or               2.2  UN1029                   2.2                           T50  306           304         314, 315       75 kg      150 kg  A
          Refrigerant gas R21
         Dichloroisocyanuric acid, dry          5.1  UN2465              II   5.1        28, IB8, IP2, IP4, T3,  152           212         240             5 kg       25 kg  A                13
          or Dichloroisocyanuric acid                                                                      TP33
          salts
         Dichloroisopropyl ether                6.1  UN2490              II   6.1                  IB2, T7, TP2  153           202         243              5 L        60 L  B
         Dichloromethane                        6.1  UN1593             III   6.1        IB3, IP8, N36, T7, TP2  153           203         241             60 L       220 L  A
         Dichloropentanes                         3  UN1152             III   3                B1, IB3, T2, TP1  150           203         242             60 L       220 L  A
         Dichlorophenyl isocyanates             6.1  UN2250              II   6.1       IB8, IP2, IP4, T3, TP33  153           212         242            25 kg      100 kg  B            25, 40

[[Page 208]]

 
         Dichlorophenyltrichlorosilane            8  UN1766              II   8           A7, B2, B6, N34, T10,  None          206         242        Forbidden        30 L  C                40
                                                                                                 TP2, TP7, TP13
         1,2-Dichloropropane                      3  UN1279              II   3               IB2, N36, T4, TP1  150           202         242              5 L        60 L  B
         1,3-Dichloropropanol-2                 6.1  UN2750              II   6.1                  IB2, T7, TP2  153           202         243              5 L        60 L  A           12, 25,
                                                                                                                                                                                              40
         Dichloropropene and propylene
          dichloride mixture, see 1,2-
          Dichloropropane
         Dichloropropenes                         3  UN2047              II   3                    IB2, T4, TP1  150           202         242              5 L        60 L  B
                                                                        III   3                B1, IB3, T2, TP1  150           203         242             60 L       220 L  A
         Dichlorosilane                         2.3  UN2189                   2.3,                   2, B9, B14  None          304         314, 315   Forbidden   Forbidden  D            17, 40
                                                                               2.1, 8
         1,2-Dichloro-1,1,2,2-                  2.2  UN1958                   2.2                           T50  306           304         314, 315       75 kg      150 kg  A
          tetrafluoroethane or
          Refrigerant gas R 114
         Dichlorovinylchloroarsine        Forbidden
         Dicycloheptadiene, see Bicyclo
          [2,2,1] hepta-2,5-diene,
          stabilized
         Dicyclohexylamine                        8  UN2565             III   8                    IB3, T4, TP1  154           203         241              5 L        60 L  A
         Dicyclohexylammonium nitrite           4.1  UN2687             III   4.1            IB8, IP3, T1, TP33  151           213         240            25 kg      100 kg  A                25
         Dicyclopentadiene                        3  UN2048             III   3                B1, IB3, T2, TP1  150           203         242             60 L       220 L  A
         Didymium nitrate                       5.1  UN1465             III   5.1        A1, IB8, IP3, T1, TP33  152           213         240            25 kg      100 kg  A
   D     Diesel fuel                              3  NA1993             III   None       144, B1, IB3, T4, TP1,  150           203         242             60 L       220 L  A
                                                                                                           TP29
   I     Diesel fuel                              3  UN1202             III   3           144, B1, IB3, T2, TP1  150           203         242             60 L       220 L  A
         Diethanol nitrosamine dinitrate  Forbidden
          (dry)
         Diethoxymethane                          3  UN2373              II   3                    IB2, T4, TP1  150           202         242              5 L        60 L  E
         3,3-Diethoxypropene                      3  UN2374              II   3                    IB2, T4, TP1  150           202         242              5 L        60 L  B
         Diethyl carbonate                        3  UN2366             III   3                B1, IB3, T2, TP1  150           203         242             60 L       220 L  A
         Diethyl cellosolve, see
          Ethylene glycol diethyl ether
         Diethyl ether or Ethyl ether             3  UN1155               I   3                        T11, TP2  150           201         243              1 L        30 L  E                40
         Diethyl ketone                           3  UN1156              II   3                    IB2, T4, TP1  150           202         242              5 L        60 L  B
         Diethyl peroxydicarbonate, with  Forbidden
          more than 27 percent in
          solution
         Diethyl sulfate                        6.1  UN1594              II   6.1                  IB2, T7, TP2  153           202         243              5 L        60 L  C
         Diethyl sulfide                          3  UN2375              II   3              IB2, T7, TP1, TP13  None          202         243              5 L        60 L  E

[[Page 209]]

 
         Diethylamine                             3  UN1154              II   3, 8        A3, IB2, N34, T7, TP1  150           202         243              1 L         5 L  E                40
         2-Diethylaminoethanol                    8  UN2686              II   8, 3             B2, IB2, T7, TP2  None          202         243              1 L        30 L  A
         3-Diethyamino-propylamine.               3  UN2684             III   3, 8             B1, IB3, T4, TP1  150           203         242              5 L        60 L  A
   +     N, N-Diethylaniline                    6.1  UN2432             III   6.1                  IB3, T4, TP1  153           203         241             60 L       220 L  A
         Diethylbenzene                           3  UN2049             III   3                B1, IB3, T2, TP1  150           203         242             60 L       220 L  A
         Diethyldichlorosilane                    8  UN1767              II   8, 3       A7, B6, N34, T10, TP2,  None          206         243        Forbidden        30 L  C                40
                                                                                                      TP7, TP13
         Diethylene glycol dinitrate      Forbidden
         Diethyleneglycol dinitrate,           1.1D  UN0075            .....  1.1D      .......................  None          62          None       Forbidden   Forbidden  04          25, 21E
          desensitized with not less
          than 25 percent non-volatile
          water-insoluble phlegmatizer,
          by mass
         Diethylenetriamine                       8  UN2079              II   8                B2, IB2, T7, TP2  154           202         242              1 L        30 L  A            40, 52
         N,N-Diethylethylenediamine               8  UN2685              II   8, 3                 IB2, T7, TP2  None          202         243              1 L        30 L  A
         Diethylgold bromide              Forbidden
         Diethylthiophosphoryl chloride           8  UN2751              II   8                B2, IB2, T7, TP2  None          212         240            15 kg       50 kg  D           12, 25,
                                                                                                                                                                                              40
         Difluorochloroethanes, see 1-
          Chloro-1,1-difluoroethanes
         1,1-Difluoroethane or                  2.1  UN1030                   2.1                           T50  306           304         314, 315   Forbidden      150 kg  B                40
          Refrigerant gas R 152a
         1,1-Difluoroethylene or                2.1  UN1959                   2.1                                306           304         None       Forbidden      150 kg  E                40
          Refrigerant gas R 1132a
         Difluoromethane or Refrigerant         2.1  UN3252                   2.1                           T50  306           302         314, 315   Forbidden      150 kg  D                40
          gas R 32
         Difluorophosphoric acid,                 8  UN1768              II   8            A6, A7, B2, IB2, N5,  None          202         242              1 L        30 L  A                40
          anhydrous                                                                                N34, T8, TP2
         2,3-Dihydropyran                         3  UN2376              II   3                    IB2, T4, TP1  150           202         242              5 L        60 L  B
         1,8-Dihydroxy-2,4,5,7-           Forbidden
          tetranitroanthraquinone
          (chrysamminic acid)
         Diiodoacetylene                  Forbidden
         Diisobutyl ketone                        3  UN1157             III   3                B1, IB3, T2, TP1  150           203         242             60 L       220 L  A
         Diisobutylamine                          3  UN2361             III   3, 8             B1, IB3, T4, TP1  150           203         242              5 L        60 L  A
         Diisobutylene, isomeric                  3  UN2050              II   3                    IB2, T4, TP1  150           202         242              5 L        60 L  B
          compounds
         Diisooctyl acid phosphate                8  UN1902             III   8                    IB3, T4, TP1  154           203         241              5 L        60 L  A
         Diisopropyl ether                        3  UN1159              II   3                    IB2, T4, TP1  150           202         242              5 L        60 L  E                40
         Diisopropylamine                         3  UN1158              II   3, 8                 IB2, T7, TP1  150           202         243              1 L         5 L  B
         Diisopropylbenzene               Forbidden
          hydroperoxide, with more than
          72 percent in solution
         Diketene, stabilized                   6.1  UN2521               I   6.1, 3      2, 387, B9, B14, B32,  None          227         244        Forbidden   Forbidden  D           25, 26,
                                                                                          T20, TP2, TP13, TP38,                                                                           27, 40
                                                                                                           TP45
         1,2-Dimethoxyethane                      3  UN2252              II   3                    IB2, T4, TP1  150           202         242              5 L        60 L  B
         1,1-Dimethoxyethane                      3  UN2377              II   3                    IB2, T7, TP1  150           202         242              5 L        60 L  B
         Dimethyl carbonate                       3  UN1161              II   3                    IB2, T4, TP1  150           202         242              5 L        60 L  B
         Dimethyl chlorothiophosphate,
          see Dimethyl thiophosphoryl
          chloride

[[Page 210]]

 
         2,5-Dimethyl-2,5-dihydroperoxy   Forbidden
          hexane, with more than 82
          percent with water
         Dimethyl disulfide                       3  UN2381              II   3, 6.1        IB2, T7, TP2, TP13,  150           202         242        Forbidden   Forbidden  B                40
                                                                                                           TP39
         Dimethyl ether                         2.1  UN1033                   2.1                           T50  306           304         314, 315   Forbidden      150 kg  B                40
         Dimethyl-N-propylamine                   3  UN2266              II   3, 8           IB2, T7, TP2, TP13  150           202         243              1 L         5 L  B                40
         Dimethyl sulfate                       6.1  UN1595               I   6.1, 8      2, B9, B14, B32, B77,  None          227         244        Forbidden   Forbidden  D                40
                                                                                          T20, TP2, TP13, TP38,
                                                                                                           TP45
         Dimethyl sulfide                         3  UN1164              II   3               IB2, IP8, T7, TP2  150           202         242              5 L        60 L  E                40
         Dimethyl thiophosphoryl                6.1  UN2267              II   6.1, 8               IB2, T7, TP2  153           202         243              1 L        30 L  B                25
          chloride
         Dimethylamine, anhydrous               2.1  UN1032                   2.1                      N87, T50  None          304         314, 315   Forbidden      150 kg  D                40
         Dimethylamine solution                   3  UN1160              II   3, 8                 IB2, T7, TP1  150           202         243              1 L         5 L  B               52.
         2-Dimethylaminoacetonitrile              3  UN2378              II   3, 6.1               IB2, T7, TP1  150           202         243              1 L        60 L  A            40, 52
         2-Dimethylaminoethanol                   8  UN2051              II   8, 3             B2, IB2, T7, TP2  154           202         243              1 L        30 L  A
         2-Dimethylaminoethyl acrylate          6.1  UN3302              II   6.1                  IB2, T7, TP2  153           202         243              5 L        60 L  D                25
         2-Dimethylaminoethyl                   6.1  UN2522              II   6.1                  IB2, T7, TP2  153           202         243              5 L        60 L  B                40
          methacrylate
         N,N-Dimethylaniline                    6.1  UN2253              II   6.1                  IB1, T7, TP2  153           202         243              5 L        60 L  A
         2,3-Dimethylbutane                       3  UN2457              II   3                    IB2, T7, TP1  150           202         242              5 L        60 L  E
         1, 3-Dimethylbutylamine                  3  UN2379              II   3, 8                 IB2, T7, TP1  150           202         243              1 L         5 L  B               52.
         Dimethylcarbamoyl chloride               8  UN2262              II   8                B2, IB2, T7, TP2  154           202         242              1 L        30 L  A                40
         Dimethylcyclohexanes                     3  UN2263              II   3                    IB2, T4, TP1  150           202         242              5 L        60 L  B
         N,N-Dimethylcyclohexylamine              8  UN2264              II   8, 3             B2, IB2, T7, TP2  154           202         243              1 L        30 L  A                40
         Dimethyldichlorosilane                   3  UN1162              II   3, 8          B77, T10, TP2, TP7,  None          206         243        Forbidden   Forbidden  B                40
                                                                                                           TP13
         Dimethyldiethoxysilane                   3  UN2380              II   3                    IB2, T4, TP1  150           202         242              5 L        60 L  B
         Dimethyldioxanes                         3  UN2707              II   3                    IB2, T4, TP1  150           202         242              5 L        60 L  B
                                                                        III   3                B1, IB3, T2, TP1  150           203         242             60 L       220 L  A
         N,N-Dimethylformamide                    3  UN2265             III   3                B1, IB3, T2, TP2  150           203         242             60 L       220 L  A
         Dimethylhexane dihydroperoxide   Forbidden
          (dry)
         Dimethylhydrazine, symmetrical         6.1  UN2382               I   6.1, 3      2, B9, B14, B32, B77,  None          227         244        Forbidden   Forbidden  D           40, 52,
                                                                                          T20, TP2, TP13, TP38,                                                                              74.
                                                                                                           TP45

[[Page 211]]

 
         Dimethylhydrazine,                     6.1  UN1163               I   6.1, 3,      2, B7, B9, B14, B32,  None          227         244        Forbidden   Forbidden  D           21, 38,
          unsymmetrical                                                        8          T20, TP2, TP13, TP38,                                                                          40, 52,
                                                                                                           TP45                                                                             100.
         2,2-Dimethylpropane                    2.1  UN2044                   2.1                                306           304         314, 315   Forbidden      150 kg  E                40
         Dinitro-o-cresol                       6.1  UN1598              II   6.1       IB8, IP2, IP4, T3, TP33  153           212         242            25 kg      100 kg  A
         1,3-Dinitro-5,5-dimethyl         Forbidden
          hydantoin
         Dinitro-7,8-dimethylglycoluril   Forbidden
          (dry)
         1,3-Dinitro-4,5-                 Forbidden
          dinitrosobenzene
         1,4-Dinitro-1,1,4,4-             Forbidden
          tetramethylolbutanetetranitrat
          e (dry)
         2,4-Dinitro-1,3,5-               Forbidden
          trimethylbenzene
         Dinitroanilines                        6.1  UN1596              II   6.1       IB8, IP2, IP4, T3, TP33  153           212         242            25 kg      100 kg  A                91
         Dinitrobenzenes, liquid                6.1  UN1597              II   6.1              11, IB2, T7, TP2  153           202         243              5 L        60 L  A                91
                                                                        III   6.1              11, IB3, T7, TP2  153           203         241             60 L       220 L  A                91
         Dinitrobenzenes, solid                 6.1  UN3443              II   6.1       IB8, IP2, IP4, T3, TP33  153           212         242            25 kg      100 kg  A                91
         Dinitrochlorobenzene, see
          Chlorodinitrobenzene
         1,2-Dinitroethane                Forbidden
         1,1-Dinitroethane (dry)          Forbidden
         Dinitrogen tetroxide                   2.3  UN1067                   2.3,        1, B7, B14, B45, B46,  None          336         314        Forbidden   Forbidden  D           40, 89,
                                                                               5.1, 8       B61, B66, B67, B77,                                                                               90
                                                                                                      T50, TP21
         Dinitroglycoluril or Dingu            1.1D  UN0489            .....  1.1D      .......................  None          62          None       Forbidden   Forbidden  04               25
         Dinitromethane                   Forbidden
         Dinitrophenol, dry or wetted          1.1D  UN0076            .....  1.1D,     .......................  None          62          None       Forbidden   Forbidden  04           25, 5E
          with less than 15 percent                                            6.1
          water, by mass
         Dinitrophenol solutions                6.1  UN1599              II   6.1                  IB2, T7, TP2  153           202         243              5 L        60 L  A                36
                                                                        III   6.1                  IB3, T4, TP1  153           203         241             60 L       220 L  A                36
         Dinitrophenol, wetted with not         4.1  UN1320               I   4.1, 6.1   23, A8, A19, A20, N41,  None          211         None            1 kg       15 kg  E            28, 36
          less than 15 percent water, by                                                                    W31
          mass
         Dinitrophenolates alkali              1.3C  UN0077            .....  1.3C,     .......................  None          62          None       Forbidden   Forbidden  04           25, 5E
          metals, dry or wetted with                                           6.1
          less than 15 percent water, by
          mass
         Dinitrophenolates, wetted with         4.1  UN1321               I   4.1, 6.1   23, A8, A19, A20, N41,  None          211         None            1 kg       15 kg  E            28, 36
          not less than 15 percent                                                                          W31
          water, by mass
         Dinitropropylene glycol          Forbidden
         Dinitroresorcinol, dry or             1.1D  UN0078            .....  1.1D      .......................  None          62          None       Forbidden   Forbidden  04           25, 5E
          wetted with less than 15
          percent water, by mass
         2,4-Dinitroresorcinol (heavy     Forbidden
          metal salts of) (dry)
         4,6-Dinitroresorcinol (heavy     Forbidden
          metal salts of) (dry)
         Dinitroresorcinol, wetted with         4.1  UN1322               I   4.1        23, A8, A19, A20, N41,  None          211         None            1 kg       15 kg  E            28, 36
          not less than 15 percent                                                                          W31
          water, by mass

[[Page 212]]

 
         3,5-Dinitrosalicylic acid (lead  Forbidden
          salt) (dry)
         Dinitrosobenzene                      1.3C  UN0406            .....  1.3C      .......................  None          62          None       Forbidden   Forbidden  04               25
         Dinitrosobenzylamidine and       Forbidden
          salts of (dry)
         2,2-Dinitrostilbene              Forbidden
         Dinitrotoluenes, liquid                6.1  UN2038              II   6.1                  IB2, T7, TP2  153           202         243              5 L        60 L  A
         Dinitrotoluenes, molten                6.1  UN1600              II   6.1                       T7, TP3  None          202         243        Forbidden   Forbidden  C
         Dinitrotoluenes, solid                 6.1  UN3454              II   6.1       IB8, IP2, IP4, T3, TP33  153           212         242            25 kg      100 kg  A
         1,9-Dinitroxy pentamethylene-    Forbidden
          2,4, 6,8-tetramine (dry)
         Dioxane                                  3  UN1165              II   3                    IB2, T4, TP1  150           202         242              5 L        60 L  B
         Dioxolane                                3  UN1166              II   3                    IB2, T4, TP1  150           202         242              5 L        60 L  B                40
         Dipentene                                3  UN2052             III   3                B1, IB3, T2, TP1  150           203         242             60 L       220 L  A
         Diphenylamine chloroarsine             6.1  UN1698               I   6.1                 T6, TP33, W31  None          201         None       Forbidden   Forbidden  D                40
         Diphenylchloroarsine, liquid           6.1  UN1699               I   6.1       A8, B14, B32, N33, N34,  None          201         243        Forbidden        30 L  D                40
                                                                                          T14, TP2, TP13, TP27,
                                                                                                            W31
         Diphenylchloroarsine, solid            6.1  UN3450               I   6.1       IB7, IP1, T6, TP33, W31  None          211         242             5 kg       50 kg  D                40
         Diphenyldichlorosilane                   8  UN1769              II   8          A7, B2, N34, T10, TP2,  None          206         242        Forbidden        30 L  C                40
                                                                                                      TP7, TP13
         Diphenylmethyl bromide                   8  UN1770              II   8         IB8, IP2, IP4, T3, TP33  154           212         240            15 kg       50 kg  D                40
         Dipicryl sulfide, dry or wetted       1.1D  UN0401            .....  1.1D      .......................  None          62          None       Forbidden   Forbidden  04               25
          with less than 10 percent
          water, by mass
         Dipicryl sulfide, wetted with          4.1  UN2852               I   4.1        162, A2, N41, N84, W31  None          211         None       Forbidden      0.5 kg  D            28, 36
          not less than 10 percent
          water, by mass
         Dipicrylamine, see
          Hexanitrodiphenylamine
         Dipropionyl peroxide, with more  Forbidden
          than 28 percent in solution
         Di-n-propyl ether                        3  UN2384              II   3                    IB2, T4, TP1  150           202         242              5 L        60 L  B
         Dipropyl ketone                          3  UN2710             III   3                B1, IB3, T2, TP1  150           203         242             60 L       220 L  A
         Dipropylamine                            3  UN2383              II   3, 8                 IB2, T7, TP1  150           202         243              1 L         5 L  B
   G     Disinfectant, liquid,                    8  UN1903               I   8          A6, A7, B10, T14, TP2,  None          201         243            0.5 L       2.5 L  B
          corrosive, n.o.s.                                                                                TP27
   G     Disinfectants, liquid,                   8  UN1903              II   8                B2, IB2, T7, TP2  154           202         242              1 L        30 L  B
          corrosive n.o.s.
                                                                        III   8                    IB3, T4, TP1  154           203         241              5 L        60 L  A

[[Page 213]]

 
   G     Disinfectants, liquid, toxic,          6.1  UN3142               I   6.1            A4, T14, TP2, TP27  None          201         243              1 L        30 L  A                40
          n.o.s.
                                                                         II   6.1           IB2, T11, TP2, TP27  153           202         243              5 L        60 L  A                40
                                                                        III   6.1            IB3, T7, TP1, TP28  153           203         241             60 L       220 L  A                40
   G     Disinfectants, solid, toxic,           6.1  UN1601               I   6.1            IB7, IP1, T6, TP33  None          211         242             5 kg       50 kg  A                40
          n.o.s.
                                                                         II   6.1       IB8, IP2, IP4, T3, TP33  153           212         242            25 kg      100 kg  A                40
                                                                        III   6.1            IB8, IP3, T1, TP33  153           213         240           100 kg      200 kg  A                40
         Disodium trioxosilicate                  8  UN3253             III   8              IB8, IP3, T1, TP33  154           213         240            25 kg      100 kg  A               52.
   G     Dispersant gases, n.o.s. see
          Refrigerant gases, n.o.s.
         Divinyl ether, stabilized                3  UN1167               I   3               387, A7, T11, TP2  None          201         243              1 L        30 L  E            25, 40
         Dodecyltrichlorosilane                   8  UN1771              II   8           A7, B2, B6, N34, T10,  None          206         242        Forbidden        30 L  C                40
                                                                                                 TP2, TP7, TP13
         Dry ice, see Carbon dioxide,
          solid
   G     Dyes, liquid, corrosive, n.o.s.          8  UN2801               I   8          11, A6, B10, T14, TP2,  None          201         243            0.5 L       2.5 L  A
          or Dye intermediates, liquid,                                                                    TP27
          corrosive, n.o.s
                                                                         II   8          11, B2, IB2, T11, TP2,  154           202         242              1 L        30 L  A
                                                                                                           TP27
                                                                        III   8          11, IB3, T7, TP1, TP28  154           203         241              5 L        60 L  A
   G     Dyes, liquid, toxic, n.o.s. or         6.1  UN1602               I   6.1                                None          201         243              1 L        30 L  A
          Dye intermediates, liquid,
          toxic, n.o.s.
                                                                         II   6.1                           IB2  153           202         243              5 L        60 L  A
                                                                        III   6.1                           IB3  153           203         241             60 L       220 L  A
   G     Dyes, solid, corrosive, n.o.s.           8  UN3147               I   8              IB7, IP1, T6, TP33  None          211         242             1 kg       25 kg  A
          or Dye intermediates, solid,
          corrosive, n.o.s.
                                                                         II   8         IB8, IP2, IP4, T3, TP33  154           212         240            15 kg       50 kg  A
                                                                        III   8              IB8, IP3, T1, TP33  154           213         240            25 kg      100 kg  A
   G     Dyes, solid, toxic, n.o.s. or          6.1  UN3143               I   6.1        A5, IB7, IP1, T6, TP33  None          211         242             5 kg       50 kg  A
          Dye intermediates, solid,
          toxic, n.o.s.
                                                                         II   6.1       IB8, IP2, IP4, T3, TP33  153           212         242            25 kg      100 kg  A
                                                                        III   6.1            IB8, IP3, T1, TP33  153           213         240           100 kg      200 kg  A
         Dynamite, see Explosive,
          blasting, type A
         Electrolyte (acid or alkali)
          for batteries, see Battery
          fluid, acid or Battery fluid,
          alkali
   G     Elevated temperature liquid,             3  UN3256             III   3              IB1, T3, TP3, TP29  None          None        247        Forbidden   Forbidden  A
          flammable, n.o.s., with flash
          point above 37.8 C, at or
          above its flash point
   G     Elevated temperature liquid,             9  UN3257             III   9              IB1, T3, TP3, TP29  None          None        247        Forbidden   Forbidden  A                85
          n.o.s., at or above 100 C and
          below its flash point
          (including molten metals,
          molten salts, etc.)
   G     Elevated temperature solid,              9  UN3258             III   9                                  247 (h)(4)    None        247        Forbidden   Forbidden  A                85
          n.o.s., at or above 240 C, see
          Sec. 173.247(h)(4)

[[Page 214]]

 
         Engine, internal combustion,           2.1  UN3529            .....  2.1                     135, A200  220           220         220        Forbidden    No limit  E
          flammable gas powered or
          Engine, fuel cell, flammable
          gas powered or Machinery,
          internal combustion, flammable
          gas powered or Machinery, fuel
          cell, flammable gas powered
         Engine, internal combustion,             3  UN3528            .....  3                       135, A200  220           220         220         No limit    No limit  E               149
          flammable liquid powered or
          Engine, fuel cell, flammable
          liquid powered or Machinery,
          internal combustion, flammable
          liquid powered or Machinery,
          fuel cell, flammable liquid
          powered
         Engine, internal combustion or           9  UN3530            .....  9                       135, A200  220           220         220         No limit    No limit  A
          Machinery, internal combustion
   G     Environmentally hazardous                9  UN3082             III   9          8, 146, 173, 335, IB3,  155           203         241         No limit    No limit  A
          substance, liquid, n.o.s.                                                               T4, TP1, TP29
   G     Environmentally hazardous                9  UN3077             III   9         8, 146, 335, 384, A112,  155           213         240         No limit    No limit  A
          substance, solid, n.o.s                                                          B54, B120, IB8, IP3,
                                                                                             N20, N91, T1, TP33
         Epibromohydrin                         6.1  UN2558               I   6.1, 3             T14, TP2, TP13  None          201         243        Forbidden   Forbidden  D                40
   +     Epichlorohydrin                        6.1  UN2023              II   6.1, 3         IB2, T7, TP2, TP13  153           202         243              5 L        60 L  A                40
         1,2-Epoxy-3-ethoxypropane                3  UN2752             III   3                B1, IB3, T2, TP1  150           203         242             60 L       220 L  A
         Esters, n.o.s.                           3  UN3272              II   3         IB2, T7, TP1, TP8, TP28  150           202         242              5 L        60 L  B
                                                                        III   3          B1, IB3, T4, TP1, TP29  150           203         242             60 L       220 L  A
         Etching acid, liquid, n.o.s.,
          see Hydrofluoric acid, etc
         Ethane                                 2.1  UN1035                   2.1                                306           304         302        Forbidden      150 kg  E                40
   D     Ethane-Propane mixture,                2.1  NA1961                   2.1                      T75, TP5  None          316         314, 315   Forbidden   Forbidden  D                40
          refrigerated liquid
         Ethane, refrigerated liquid            2.1  UN1961                   2.1                      T75, TP5  None          None        315        Forbidden   Forbidden  D                40
         Ethanol amine dinitrate          Forbidden
         Ethanol and gasoline mixture or          3  UN3475              II   3          144, 177, IB2, T4, TP1  150           202         242              5 L        60 L  E
          Ethanol and motor spirit
          mixture or Ethanol and petrol
          mixture, with more than 10%
          ethanol

[[Page 215]]

 
         Ethanol or Ethyl alcohol or              3  UN1170              II   3                24, IB2, T4, TP1  4b, 150       202         242              5 L        60 L  A
          Ethanol solutions or Ethyl
          alcohol solutions
                                                                        III   3            24, B1, IB3, T2, TP1  4b, 150       203         242             60 L       220 L  A
         Ethanolamine or Ethanolamine             8  UN2491             III   8                    IB3, T4, TP1  154           203         241              5 L        60 L  A               52.
          solutions
         Ether, see Diethyl ether
         Ethers, n.o.s.                           3  UN3271              II   3         IB2, T7, TP1, TP8, TP28  150           202         242              5 L        60 L  B
                                                                        III   3          B1, IB3, T4, TP1, TP29  150           203         242             60 L       220 L  A
         Ethyl acetate                            3  UN1173              II   3                    IB2, T4, TP1  150           202         242              5 L        60 L  B
         Ethyl acrylate, stabilized               3  UN1917              II   3         387, IB2, T4, TP1, TP13  150           202         242              5 L        60 L  C            25, 40
         Ethyl alcohol, see Ethanol
         Ethyl aldehyde, see
          Acetaldehyde
         Ethyl amyl ketone                        3  UN2271             III   3                B1, IB3, T2, TP1  150           203         242             60 L       220 L  A
         N-Ethylbenzyltoluidines, solid         6.1  UN3460             III   6.1            IB8, IP3, T1, TP33  153           213         240           100 kg      200 kg  A
         N-Ethyl-N-benzylaniline                6.1  UN2274             III   6.1                  IB3, T4, TP1  153           203         241             60 L       220 L  A
         Ethyl borate                             3  UN1176              II   3                    IB2, T4, TP1  150           202         242              5 L        60 L  B
         Ethyl bromide                          6.1  UN1891              II   6.1       IB2, IP8, T7, TP2, TP13  153           202         243              5 L        60 L  B            40, 85
         Ethyl bromoacetate                     6.1  UN1603              II   6.1, 3               IB2, T7, TP2  None          202         243        Forbidden   Forbidden  D                40
         Ethyl butyl ether                        3  UN1179              II   3                B1, IB2, T4, TP1  150           202         242              5 L        60 L  B
         Ethyl butyrate                           3  UN1180             III   3                B1, IB3, T2, TP1  150           203         242             60 L       220 L  A
         Ethyl chloride                         2.1  UN1037                   2.1                 B77, N86, T50  None          322         314, 315   Forbidden      150 kg  B                40
         Ethyl chloroacetate                    6.1  UN1181              II   6.1, 3               IB2, T7, TP2  153           202         243              5 L        60 L  A
         Ethyl chloroformate                    6.1  UN1182               I   6.1, 3,     2, B9, B14, B32, N34,  None          227         244        Forbidden   Forbidden  D           21, 40,
                                                                               8          T20, TP2, TP13, TP38,                                                                              100
                                                                                                           TP45
         Ethyl 2-chloropropionate                 3  UN2935             III   3                B1, IB3, T2, TP1  150           203         242             60 L       220 L  A
   +     Ethyl chlorothioformate                  8  UN2826              II   8, 6.1,     2, B9, B14, B32, T20,  None          227         244        Forbidden   Forbidden  A                40
                                                                               3                TP2, TP38, TP45
         Ethyl crotonate                          3  UN1862              II   3                    IB2, T4, TP2  150           202         242              5 L        60 L  B
         Ethyl ether, see Diethyl ether
         Ethyl fluoride or Refrigerant          2.1  UN2453                   2.1                                306           304         314, 315   Forbidden      150 kg  E                40
          gas R161
         Ethyl formate                            3  UN1190              II   3                    IB2, T4, TP1  150           202         242              5 L        60 L  E
         Ethyl hydroperoxide              Forbidden
         Ethyl isobutyrate                        3  UN2385              II   3                    IB2, T4, TP1  150           202         242              5 L        60 L  B
   +     Ethyl isocyanate                       6.1  UN2481               I   6.1, 3      1, B9, B14, B30, T20,  None          226         244        Forbidden   Forbidden  D            40, 52
                                                                                          TP2, TP13, TP38, TP44
         Ethyl lactate                            3  UN1192             III   3                B1, IB3, T2, TP1  150           203         242             60 L       220 L  A
         Ethyl mercaptan                          3  UN2363               I   3              A6, T11, TP2, TP13  None          201         243        Forbidden        30 L  E           95, 102
         Ethyl methacrylate, stabilized           3  UN2277              II   3               387, IB2, T4, TP1  150           202         242              5 L        60 L  C                25
         Ethyl methyl ether                     2.1  UN1039                   2.1                                None          201         314, 315   Forbidden      150 kg  B                40
         Ethyl methyl ketone or Methyl            3  UN1193              II   3                    IB2, T4, TP1  150           202         242              5 L        60 L  B
          ethyl ketone
         Ethyl nitrite solutions                  3  UN1194               I   3, 6.1                             None          201         None       Forbidden   Forbidden  E           40, 105
         Ethyl orthoformate                       3  UN2524             III   3                B1, IB3, T2, TP1  150           203         242             60 L       220 L  A
         Ethyl oxalate                          6.1  UN2525             III   6.1                  IB3, T4, TP1  153           203         241             60 L       220 L  A
         Ethyl perchlorate                Forbidden

[[Page 216]]

 
   D     Ethyl phosphonothioic                  6.1  NA2927               I   6.1, 8      2, B9, B14, B32, T20,  None          227         244        Forbidden   Forbidden  D                40
          dichloride, anhydrous                                                          TP4, TP12, TP13, TP38,
                                                                                                           TP45
   D     Ethyl phosphonous dichloride,          6.1  NA2845               I   6.1, 4.2    2, B9, B14, B32, T20,  None          227         244        Forbidden   Forbidden  D                18
          anhydrous pyrophoric liquid                                                    TP4, TP12, TP13, TP38,
                                                                                                           TP45
   D     Ethyl phosphorodichloridate            6.1  NA2927               I   6.1, 8      2, B9, B14, B32, T20,  None          227         244        Forbidden   Forbidden  D                40
                                                                                         TP4, TP12, TP13, TP38,
                                                                                                           TP45
         Ethyl propionate                         3  UN1195              II   3                    IB2, T4, TP1  150           202         242              5 L        60 L  B
         Ethyl propyl ether                       3  UN2615              II   3                    IB2, T4, TP1  150           202         242              5 L        60 L  E
         Ethyl silicate, see Tetraethyl
          silicate
         Ethylacetylene, stabilized             2.1  UN2452            .....  2.1                      387, N88  None          304         314, 315   Forbidden      150 kg  B            25, 40
         Ethylamine                             2.1  UN1036                   2.1                 B77, N87, T50  None          321         314, 315   Forbidden      150 kg  D                40
         Ethylamine, aqueous solution             3  UN2270              II   3, 8                 IB2, T7, TP1  150           202         243              1 L         5 L  B           40, 52.
          with not less than 50 percent
          but not more than 70 percent
          ethylamine
         N-Ethylaniline                         6.1  UN2272             III   6.1                  IB3, T4, TP1  153           203         241             60 L       220 L  A            52, 74
         2-Ethylaniline                         6.1  UN2273             III   6.1                  IB3, T4, TP1  153           203         241             60 L       220 L  A            52, 74
         Ethylbenzene                             3  UN1175              II   3                    IB2, T4, TP1  150           202         242              5 L        60 L  B
         N-Ethylbenzyltoluidines liquid         6.1  UN2753             III   6.1                  IB3, T7, TP1  153           203         241             60 L       220 L  A
         2-Ethylbutanol                           3  UN2275             III   3                B1, IB3, T2, TP1  150           203         242             60 L       220 L  A
         2-Ethylbutyl acetate                     3  UN1177             III   3                B1, IB3, T2, TP1  150           203         242             60 L       220 L  A
         2-Ethylbutyraldehyde                     3  UN1178              II   3                B1, IB2, T4, TP1  150           202         242              5 L        60 L  B
         Ethyldichloroarsine                    6.1  UN1892               I   6.1         2, B9, B14, B32, T20,  None          227         244        Forbidden   Forbidden  D                40
                                                                                          TP2, TP13, TP38, TP45
         Ethyldichlorosilane                    4.3  UN1183               I   4.3, 8,     A2, A3, A7, N34, T14,  None          201         244        Forbidden         1 L  D           21, 40,
                                                                               3            TP2, TP7, TP13, W31                                                                          49, 100
         Ethylene, acetylene and                2.1  UN3138                   2.1                      T75, TP5  None          304         314, 315   Forbidden   Forbidden  D            40, 57
          propylene in mixture,
          refrigerated liquid with at
          least 71.5 percent ethylene
          with not more than 22.5
          percent acetylene and not more
          than 6 percent propylene
         Ethylene chlorohydrin                  6.1  UN1135               I   6.1, 3      2, B9, B14, B32, T20,  None          227         244        Forbidden   Forbidden  D                40
                                                                                          TP2, TP13, TP38, TP45

[[Page 217]]

 
         Ethylene                               2.1  UN1962                   2.1                                306           304         302        Forbidden      150 kg  E                40
         Ethylene diamine diperchlorate   Forbidden
         Ethylene dibromide                     6.1  UN1605               I   6.1         2, B9, B14, B32, B77,  None          227         244        Forbidden   Forbidden  D                40
                                                                                          T20, TP2, TP13, TP38,
                                                                                                           TP45
         Ethylene dibromide and methyl
          bromide liquid mixtures, see
          Methyl bromide and ethylene
          dibromide, liquid mixtures
         Ethylene dichloride                      3  UN1184              II   3, 6.1          IB2, N36, T7, TP1  150           202         243              1 L        60 L  B                40
         Ethylene glycol diethyl ether            3  UN1153              II   3                    IB2, T4, TP1  150           202         242              5 L        60 L  A
                                                                        III   3                B1, IB3, T2, TP1  150           203         242             60 L       220 L  A
         Ethylene glycol dinitrate        Forbidden
         Ethylene glycol monoethyl ether          3  UN1171             III   3                B1, IB3, T2, TP1  150           203         242             60 L       220 L  A
         Ethylene glycol monoethyl ether          3  UN1172             III   3                B1, IB3, T2, TP1  150           203         242             60 L       220 L  A
          acetate
         Ethylene glycol monomethyl               3  UN1188             III   3                B1, IB3, T2, TP1  150           203         242             60 L       220 L  A
          ether
         Ethylene glycol monomethyl               3  UN1189             III   3                B1, IB3, T2, TP1  150           203         242             60 L       220 L  A
          ether acetate
         Ethylene oxide and carbon              2.3  UN3300                   2.3, 2.1                        4  None          304         314, 315   Forbidden   Forbidden  D                40
          dioxide mixture with more than
          87 percent ethylene oxide
         Ethylene oxide and carbon              2.1  UN1041                   2.1                           T50  306           304         314, 315   Forbidden       25 kg  B                40
          dioxide mixtures with more
          than 9 percent but not more
          than 87 percent ethylene oxide
         Ethylene oxide and carbon              2.2  UN1952                   2.2                                306           304         314, 315       75 kg      150 kg  A
          dioxide mixtures with not more
          than 9 percent ethylene oxide
         Ethylene oxide and                     2.2  UN3297                   2.2                           T50  306           304         314, 315       75 kg      150 kg  A
          chlorotetrafluoroethane
          mixture with not more than 8.8
          percent ethylene oxide
         Ethylene oxide and                     2.2  UN3070                   2.2                           T50  306           304         314, 315       75 kg      150 kg  A
          dichlorodifluoromethane
          mixture, with not more than
          12.5 percent ethylene oxide
         Ethylene oxide and                     2.2  UN3298                   2.2                           T50  306           304         314, 315       75 kg      150 kg  A
          pentafluoroethane mixture with
          not more than 7.9 percent
          ethylene oxide
         Ethylene oxide and propylene             3  UN2983               I   3, 6.1      5, A11, N4, N34, T14,  None          201         243        Forbidden        30 L  E                40
          oxide mixtures, with not more                                                          TP2, TP7, TP13
          than 30 percent ethylene oxide
         Ethylene oxide and                     2.2  UN3299                   2.2                           T50  306           304         314, 315       75 kg      150 kg  A
          tetrafluoroethane mixture with
          not more than 5.6 percent
          ethylene oxide

[[Page 218]]

 
         Ethylene oxide or Ethylene             2.3  UN1040                   2.3, 2.1        4, 342, T50, TP20  None          323         323        Forbidden   Forbidden  D                40
          oxide with nitrogen up to a
          total pressure of 1 MPa (10
          bar) at 50 degrees C
         Ethylene, refrigerated liquid          2.1  UN1038                   2.1                      T75, TP5  None          316         318, 319   Forbidden   Forbidden  D                40
          (cryogenic liquid)
         Ethylenediamine                          8  UN1604              II   8, 3                 IB2, T7, TP2  154           202         243              1 L        30 L  A           40, 52.
         Ethyleneimine, stabilized              6.1  UN1185               I   6.1, 3      1, 387, B9, B14, B30,  None          226         244        Forbidden   Forbidden  D            25, 40
                                                                                            B77, N25, N32, T22,
                                                                                          TP2, TP13, TP38, TP44
         Ethylhexaldehyde, see Octyl
          aldehydes etc
         2-Ethylhexyl chloroformate             6.1  UN2748              II   6.1, 8         IB2, T7, TP2, TP13  153           202         243              1 L        30 L  A           12, 13,
                                                                                                                                                                                          25, 40
         2-Ethylhexylamine                        3  UN2276             III   3, 8             B1, IB3, T4, TP1  150           203         242              5 L        60 L  A                40
         Ethylphenyldichlorosilane                8  UN2435              II   8          A7, B2, N34, T10, TP2,  None          206         242        Forbidden        30 L  C
                                                                                                      TP7, TP13
         1-Ethylpiperidine                        3  UN2386              II   3, 8                 IB2, T7, TP1  150           202         243              1 L         5 L  B               52.
         N-Ethyltoluidines                      6.1  UN2754              II   6.1                  IB2, T7, TP2  153           202         243              5 L        60 L  A
         Ethyltrichlorosilane                     3  UN1196              II   3, 8      A7, N34, T10, TP2, TP7,  None          206         243        Forbidden         5 L  B                40
                                                                                                           TP13
         Etiologic agent, see Infectious
          substances, etc
         Explosive articles, see
          Articles, explosive , n.o.s.
          etc
         Explosive, blasting, type A           1.1D  UN0081            .....  1.1D                          148  None          62          None       Forbidden   Forbidden  04              25,
                                                                                                                                                                                            19E,
                                                                                                                                                                                             21E
         Explosive, blasting, type B           1.1D  UN0082            .....  1.1D      .......................  None          62          None       Forbidden   Forbidden  04          25, 19E
         Explosive, blasting, type B or        1.5D  UN0331            .....  1.5D                105, 106, 148  None          62          None       Forbidden   Forbidden  03          25, 19E
          Agent blasting, Type B
         Explosive, blasting, type C           1.1D  UN0083            .....  1.1D                          123  None          62          None       Forbidden   Forbidden  04          25, 22E
         Explosive, blasting, type D           1.1D  UN0084            .....  1.1D      .......................  None          62          None       Forbidden   Forbidden  04               25
         Explosive, blasting, type E           1.1D  UN0241            .....  1.1D                          148  None          62          None       Forbidden   Forbidden  04          25, 19E

[[Page 219]]

 
         Explosive, blasting, type E or        1.5D  UN0332            .....  1.5D                105, 106, 148  None          62          None       Forbidden   Forbidden  03          25, 19E
          Agent blasting, Type E
         Explosive, forbidden. See Sec. Forbidden
          173.54
         Explosive substances, see
          Substances, explosive, n.o.s.
          etc
         Explosives, slurry, see
          Explosive, blasting, type E
         Explosives, water gels, see
          Explosive, blasting, type E
         Extracts, aromatic, liquid               3  UN1169              II   3          149, IB2, T4, TP1, TP8  150           202         242              5 L        60 L  B
                                                                        III   3                B1, IB3, T2, TP1  150           203         242             60 L       220 L  A
         Extracts, flavoring, liquid              3  UN1197              II   3          149, IB2, T4, TP1, TP8  150           202         242              5 L        60 L  B
                                                                        III   3                B1, IB3, T2, TP1  150           203         242             60 L       220 L  A
         Fabric with animal or vegetable
          oil, see Fibers or fabrics,
          etc
         Ferric arsenate                        6.1  UN1606              II   6.1       IB8, IP2, IP4, T3, TP33  153           212         242            25 kg      100 kg  A
         Ferric arsenite                        6.1  UN1607              II   6.1       IB8, IP2, IP4, T3, TP33  153           212         242            25 kg      100 kg  A
         Ferric chloride, anhydrous               8  UN1773             III   8              IB8, IP3, T1, TP33  154           213         240            25 kg      100 kg  A
         Ferric chloride, solution                8  UN2582             III   8               B15, IB3, T4, TP1  154           203         241              5 L        60 L  A
         Ferric nitrate                         5.1  UN1466             III   5.1        A1, A29, IB8, IP3, T1,  152           213         240            25 kg      100 kg  A
                                                                                                           TP33
         Ferrocerium                            4.1  UN1323              II   4.1       59, A19, IB8, IP2, IP4,  151           212         240            15 kg       50 kg  A               13,
                                                                                                 T3, TP33, W100                                                                             147,
                                                                                                                                                                                             148
         Ferrosilicon with 30 percent or        4.3  UN1408             III   4.3, 6.1   A1, A19, B6, IB8, IP4,  151           213         240            25 kg      100 kg  A           13, 40,
          more but less than 90 percent                                                     IP7, T1, TP33, W100                                                                          52, 53,
          silicon                                                                                                                                                                            85,
                                                                                                                                                                                            103,
                                                                                                                                                                                             148
         Ferrous arsenate                       6.1  UN1608              II   6.1       IB8, IP2, IP4, T3, TP33  153           212         242            25 kg      100 kg  A
   D     Ferrous chloride, solid                  8  NA1759              II   8         IB8, IP2, IP4, T3, TP33  154           212         240            15 kg       50 kg  A
   D     Ferrous chloride, solution               8  NA1760              II   8         B3, IB2, T11, TP2, TP27  154           202         242              1 L        30 L  B                40
         Ferrous metal borings or               4.2  UN2793             III   4.2           A1, A19, B134, IB8,  None          213         241            25 kg      100 kg  A           13, 148
          Ferrous metal shavings or                                                        IP3, IP21, IP7, W100
          Ferrous metal turnings or
          Ferrous metal cuttings in a
          form liable to self-heating
         Fertilizer ammoniating solution        2.2  UN1043                   2.2                           N87  306           304         314, 315   Forbidden      150 kg  E                40
          with free ammonia
A I W    Fibers, animal or Fibers,              4.2  UN1372             III   4.2                                151           213         240        Forbidden   Forbidden  A
          vegetable burnt, wet or damp
  IW     Fibers, vegetable, dry                 4.1  UN3360             III   4.1                           137  151           213         240         No Limit    No Limit  A
 A W     Fibers or Fabrics, animal or           4.2  UN1373             III   4.2            137, IB8, IP3, T1,  None          213         241        Forbidden   Forbidden  A
          vegetable or Synthetic, n.o.s.                                                              TP33, W31
          with animal or vegetable oil
         Fibers or Fabrics impregnated          4.1  UN1353             III   4.1                  A1, IB8, IP3  None          213         240            25 kg      100 kg  D
          with weakly nitrated
          nitrocellulose, n.o.s.

[[Page 220]]

 
         Films, nitrocellulose base,
          from which gelatine has been
          removed; film scrap, see
          Celluloid scrap
         Films, nitrocellulose base,            4.1  UN1324             III   4.1                                None          183         None           25 kg      100 kg  D                28
          gelatine coated (except scrap)
         Fire extinguisher charges,               8  UN1774              II   8                             N41  154           202         None             1 L        30 L  A
          corrosive liquid
         Fire extinguisher charges,
          expelling, explosive, see
          Cartridges, power device
         Fire extinguishers containing          2.2  UN1044            .....  2.2                           110  309           309         None           75 kg      150 kg  A           .......
          compressed or liquefied gas
         Firelighters, solid with               4.1  UN2623             III   4.1                       A1, A19  None          213         None           25 kg      100 kg  A                52
          flammable liquid
         Fireworks                             1.1G  UN0333            .....  1.1G                          108  None          62          None       Forbidden   Forbidden  03               25
         Fireworks                             1.2G  UN0334            .....  1.2G                          108  None          62          None       Forbidden   Forbidden  03               25
         Fireworks                             1.3G  UN0335            .....  1.3G                          108  None          62          None       Forbidden   Forbidden  03               25
         Fireworks                             1.4G  UN0336            .....  1.4G                     108, 200  None          62          None       Forbidden       75 kg  02               25
         Fireworks                             1.4S  UN0337            .....  1.4S                          108  None          62          None           25 kg      100 kg  01               25
         First aid kits                           9  UN3316              II   9                              15  161           161         None           10 kg       10 kg  A
         First aid kits                           9  UN3316             III   9                              15  161           161         None           10 kg       10 kg  A
 A W     Fish meal, stabilized or Fish            9  UN2216             III   None      155, IB8, IP3, T1, TP33  155           218         218        Forbidden   Forbidden  B           25, 88,
          scrap, stabilized                                                                                                                                                                 122,
                                                                                                                                                                                             128
         Fish meal, unstablized or Fish         4.2  UN1374              II   4.2       155, A1, A19, IB8, IP2,  None          212         241        Forbidden   Forbidden  B           18, 25,
          scrap, unstabilized                                                           IP4, T3, TP33, W31, W40                                                                              128
         Flammable compressed gas, see
          Compressed or Liquefied gas,
          flammable, etc
         Flammable compressed gas (small
          receptacles not fitted with a
          dispersion device, not
          refillable), see Receptacles,
          etc
         Flammable gas in lighters, see
          Lighters or lighter refills,
          cigarettes, containing
          flammable gas

[[Page 221]]

 
   G     Flammable liquid, toxic,                 3  UN3286               I   3, 6.1,      T14, TP2, TP13, TP27  None          201         243        Forbidden       2.5 L  E           21, 40,
          corrosive, n.o.s.                                                    8                                                                                                             100
                                                                         II   3, 6.1,      IB2, T11, TP2, TP13,  150           202         243              1 L         5 L  B           21, 40,
                                                                               8                           TP27                                                                              100
   G     Flammable liquids, corrosive,            3  UN2924               I   3, 8                     T14, TP2  None          201         243            0.5 L       2.5 L  E                40
          n.o.s.
                                                                         II   3, 8          IB2, T11, TP2, TP27  150           202         243              1 L         5 L  B                40
                                                                        III   3, 8       B1, IB3, T7, TP1, TP28  150           203         242              5 L        60 L  A                40
   G     Flammable liquids, n.o.s.                3  UN1993               I   3                  T11, TP1, TP27  150           201         243              1 L        30 L  E
                                                                         II   3         IB2, T7, TP1, TP8, TP28  150           202         242              5 L        60 L  B
                                                                        III   3          B1, B52, IB3, T4, TP1,  150           203         242             60 L       220 L  A
                                                                                                           TP29
   G     Flammable liquids, toxic,                3  UN1992               I   3, 6.1       T14, TP2, TP13, TP27  None          201         243        Forbidden        30 L  E                40
          n.o.s.
                                                                         II   3, 6.1         IB2, T7, TP2, TP13  150           202         243              1 L        60 L  B                40
                                                                        III   3, 6.1     B1, IB3, T7, TP1, TP28  150           203         242             60 L       220 L  A
   G     Flammable solid, corrosive,            4.1  UN3180              II   4.1, 8     A1, IB6, IP2, T3, TP33  151           212         242            15 kg       50 kg  D                40
          inorganic, n.o.s.
                                                                        III   4.1, 8          A1, IB6, T1, TP33  151           213         242            25 kg      100 kg  D                40
   G     Flammable solid, inorganic,            4.1  UN3178              II   4.1        A1, IB8, IP2, IP4, T3,  151           212         240            15 kg       50 kg  B
          n.o.s.                                                                                           TP33
                                                                        III   4.1        A1, IB8, IP3, T1, TP33  151           213         240            25 kg      100 kg  B
   G     Flammable solid, organic,              4.1  UN3176              II   4.1            IB1, T3, TP3, TP26  151           212         240        Forbidden   Forbidden  C
          molten, n.o.s.
                                                                        III   4.1            IB1, T1, TP3, TP26  151           213         240        Forbidden   Forbidden  C
   G     Flammable solid, oxidizing,            4.1  UN3097              II   4.1, 5.1                      131  None          214         214        Forbidden   Forbidden  E                40
          n.o.s.
                                                                        III   4.1, 5.1            131, T1, TP33  None          214         214        Forbidden   Forbidden  D                40
   G     Flammable solid, toxic,                4.1  UN3179              II   4.1, 6.1   A1, IB6, IP2, T3, TP33  151           212         242            15 kg       50 kg  B                40
          inorganic, n.o.s.
                                                                        III   4.1, 6.1        A1, IB6, T1, TP33  151           213         242            25 kg      100 kg  B                40
   G     Flammable solids, corrosive,           4.1  UN2925              II   4.1, 8     A1, IB6, IP2, T3, TP33  None          212         242            15 kg       50 kg  D                40
          organic, n.o.s.
                                                                        III   4.1, 8          A1, IB6, T1, TP33  151           213         242            25 kg      100 kg  D                40
   G     Flammable solids, organic,             4.1  UN1325              II   4.1        A1, IB8, IP2, IP4, T3,  151           212         240            15 kg       50 kg  B
          n.o.s.                                                                                           TP33
                                                                        III   4.1        A1, IB8, IP3, T1, TP33  151           213         240            25 kg      100 kg  B
   G     Flammable solids, toxic,               4.1  UN2926              II   4.1, 6.1   A1, IB6, IP2, T3, TP33  151           212         242            15 kg       50 kg  B                40
          organic, n.o.s.
                                                                        III   4.1, 6.1        A1, IB6, T1, TP33  151           213         242            25 kg      100 kg  B                40
         Flares, aerial                        1.3G  UN0093            .....  1.3G      .......................  None          62          None       Forbidden       75 kg  03               25
         Flares, aerial                        1.4G  UN0403            .....  1.4G      .......................  None          62          None       Forbidden       75 kg  02               25
         Flares, aerial                        1.4S  UN0404            .....  1.4S      .......................  None          62          None           25 kg      100 kg  01               25
         Flares, aerial                        1.1G  UN0420            .....  1.1G      .......................  None          62          None       Forbidden   Forbidden  03               25
         Flares, aerial                        1.2G  UN0421            .....  1.2G      .......................  None          62          None       Forbidden   Forbidden  03               25
         Flares, airplane, see Flares,
          aerial
         Flares, signal, see Cartridges,
          signal
         Flares, surface                       1.3G  UN0092            .....  1.3G      .......................  None          62          None       Forbidden       75 kg  03               25

[[Page 222]]

 
         Flares, surface                       1.1G  UN0418            .....  1.1G      .......................  None          62          None       Forbidden   Forbidden  03               25
         Flares, surface                       1.2G  UN0419            .....  1.2G      .......................  None          62          None       Forbidden   Forbidden  03               25
         Flares, water-activated, see
          Contrivances, water-activated,
          etc
         Flash powder                          1.1G  UN0094            .....  1.1G      .......................  None          62          None       Forbidden   Forbidden  03               25
         Flash powder                          1.3G  UN0305            .....  1.3G      .......................  None          62          None       Forbidden   Forbidden  03               25
         Flue dusts, poisonous, see
          Arsenical dust
         Fluoric acid, see Hydrofluoric
          acid, etc
         Fluorine, compressed                   2.3  UN1045                   2.3,                       1, N86  None          302         None       Forbidden   Forbidden  D           40, 89,
                                                                               5.1, 8                                                                                                         90
         Fluoroacetic acid                      6.1  UN2642               I   6.1            IB7, IP1, T6, TP33  None          211         242             1 kg       15 kg  E
         Fluoroanilines                         6.1  UN2941             III   6.1                  IB3, T4, TP1  153           203         241             60 L       220 L  A
         Fluorobenzene                            3  UN2387              II   3                    IB2, T4, TP1  150           202         242              5 L        60 L  B
         Fluoroboric acid                         8  UN1775              II   8           A6, A7, B2, B15, IB2,  154           202         242              1 L        30 L  A
                                                                                               N3, N34, T7, TP2
         Fluorophosphoric acid anhydrous          8  UN1776              II   8            A6, A7, B2, IB2, N3,  None          202         242              1 L        30 L  A
                                                                                                   N34, T8, TP2
   G     Fluorosilicates, n.o.s                 6.1  UN2856             III   6.1            IB8, IP3, T1, TP33  153           213         240           100 kg      200 kg  A                52
         Fluorosilicic acid                       8  UN1778              II   8           A6, A7, B2, B15, IB2,  None          202         242              1 L        30 L  A
                                                                                               N3, N34, T8, TP2
         Fluorosulfonic acid                      8  UN1777               I   8            A3, A6, A7, A10, B6,  None          201         243            0.5 L       2.5 L  D                40
                                                                                         B10, N3, N36, T10, TP2
         Fluorotoluenes                           3  UN2388              II   3                    IB2, T4, TP1  150           202         242              5 L        60 L  B                40
         Forbidden materials. See Sec. Forbidden
          173.21
         Formaldehyde solutions,                  3  UN1198             III   3, 8        176, B1, IB3, T4, TP1  150           203         242              5 L        60 L  A                40
          flammable
         Formaldehyde solutions (with
          not less than 10% and less
          than 25% formaldehyde), see
          Aviation regulated liquid,
          n.o.s. or Other regulated
          substances, liquid, n.o.s.
         Formaldehyde solutions, with             8  UN2209             III   8                    IB3, T4, TP1  154           203         241              5 L          60
          not less than 25 percent
          formaldehyde
         Formalin, see Formaldehyde,
          solutions

[[Page 223]]

 
         Formic acid with not less than           8  UN3412              II   8                    IB2, T7, TP2  154           202         242              1 L        30 L  A               40.
          10% but not more than 85% acid
          by mass
         Formic acid with not less than           8  UN3412             III   8                    IB3, T4, TP1  154           203         241              5 L        60 L  A                40
          5% but less than 10% acid by
          mass
         Formic acid with more than 85%           8  UN1779              II   8, 3        B2, B28, IB2, T7, TP2  154           202         242              1 L        30 L  A               40.
          acid by mass
         Fracturing devices, explosive,        1.1D  UN0099            .....  1.1D      .......................  None          62          62         Forbidden   Forbidden  04               25
          without detonators for oil
          wells
         Fuel, aviation, turbine engine           3  UN1863               I   3             144, T11, TP1, TP8,  150           201         243              1 L        30 L  E
                                                                                                           TP28
                                                                         II   3          144, IB2, T4, TP1, TP8  150           202         242              5 L        60 L  B
                                                                        III   3           144, B1, IB3, T2, TP1  150           203         242             60 L       220 L  A
         Fuel cell cartridges or Fuel             8  UN3477            .....  8                             328  230           230         230             5 kg       50 kg  A
          cell cartridges contained in
          equipment or Fuel cell
          cartridges packed with
          equipment, containing
          corrosive substances
         Fuel cell cartridges or Fuel             3  UN3473            .....  3                             328  230           230         230             5 kg       50 kg  A
          cell cartridges contained in
          equipment or Fuel cell
          cartridges packed with
          equipment, containing
          flammable liquids
         Fuel cell cartridges or Fuel           2.1  UN3479            .....  2.1                           328  230           230         230             1 kg       15 kg  B
          cell cartridges contained in
          equipment or Fuel cell
          cartridges packed with
          equipment, containing hydrogen
          in metal hydride
         Fuel cell cartridges or Fuel           2.1  UN3478            .....  2.1                           328  230           230         230             1 kg       15 kg  B
          cell cartridges contained in
          equipment or Fuel cell
          cartridges packed with
          equipment, containing
          liquefied flammable gas
         Fuel cell cartridges or Fuel           4.3  UN3476            .....  4.3                           328  230           230         230             5 kg       50 kg  A           13, 148
          cell cartridges contained in
          equipment or Fuel cell
          cartridges packed with
          equipment, containing water-
          reactive substances
   D     Fuel oil (No. 1, 2, 4, 5, or 6)          3  NA1993             III   3          144, B1, IB3, T4, TP1,  150           203         242             60 L       220 L  A
                                                                                                           TP29
         Fuel system components
          (including fuel control units
          (FCU), carburetors, fuel
          lines, fuel pumps) see
          Dangerous Goods in Apparatus
          or Dangerous Goods in
          Machinery
         Fulminate of mercury (dry)       Forbidden
         Fulminate of mercury, wet, see
          Mercury fulminate, etc
         Fulminating gold                 Forbidden

[[Page 224]]

 
         Fulminating mercury              Forbidden
         Fulminating platinum             Forbidden
         Fulminating silver               Forbidden
         Fulminic acid                    Forbidden
         Fumaryl chloride                         8  UN1780              II   8                B2, IB2, T7, TP2  154           202         242              1 L        30 L  C             8, 40
         Fumigated lading, see Secs.
          172.302(g), 173.9 and
          176.76(h)
         Fumigated transport vehicle or                                       ........
          freight container see Sec.
          173.9
         Furaldehydes                           6.1  UN1199              II   6.1, 3               IB2, T7, TP2  153           202         243              5 L        60 L  A
         Furan                                    3  UN2389               I   3                  T12, TP2, TP13  None          201         243              1 L        30 L  E                40
         Furfuryl alcohol                       6.1  UN2874             III   6.1                  IB3, T4, TP1  153           203         241             60 L       220 L  A            52, 74
         Furfurylamine                            3  UN2526             III   3, 8             B1, IB3, T4, TP1  150           203         242              5 L        60 L  A                40
         Fuse, detonating, metal clad,
          see Cord, detonating, metal
          clad
         Fuse, detonating, mild effect,
          metal clad, see Cord,
          detonating, mild effect, metal
          clad
         Fuse, igniter tubular metal           1.4G  UN0103            .....  1.4G      .......................  None          62          None       Forbidden       75 kg  02               25
          clad
         Fuse, non-detonating                  1.3G  UN0101            .....  1.3G      .......................  None          62          None       Forbidden   Forbidden  03               25
          instantaneous or quickmatch
         Fuse, safety                          1.4S  UN0105            .....  1.4S      .......................  None          62          None           25 kg      100 kg  01               25
   D     Fusee (railway or highway)             4.1  NA1325              II   4.1                           381  None          184         None           15 kg       50 kg  B
         Fusel oil                                3  UN1201              II   3                    IB2, T4, TP1  150           202         242              5 L        60 L  B
                                                                        III   3                B1, IB3, T2, TP1  150           203         242             60 L       220 L  A
         Fuses, tracer, see Tracers for
          ammunition
         Fuzes, combination, percussion
          and time, see Fuzes,
          detonating (UN0257, UN0367);
          Fuzes, igniting (UN0317,
          UN0368)
         Fuzes, detonating                     1.1B  UN0106            .....  1.1B      .......................  None          62          None       Forbidden   Forbidden  05               25
         Fuzes, detonating                     1.2B  UN0107            .....  1.2B      .......................  None          62          None       Forbidden   Forbidden  05               25
         Fuzes, detonating                     1.4B  UN0257            .....  1.4B                          116  None          62          None       Forbidden       75 kg  05               25
         Fuzes, detonating                     1.4S  UN0367            .....  1.4S                          116  None          62          None           25 kg      100 kg  01               25
         Fuzes, detonating, with               1.1D  UN0408            .....  1.1D      .......................  None          62          None       Forbidden   Forbidden  04               25
          protective features

[[Page 225]]

 
         Fuzes, detonating, with               1.2D  UN0409            .....  1.2D      .......................  None          62          None       Forbidden   Forbidden  04               25
          protective features
         Fuzes, detonating, with               1.4D  UN0410            .....  1.4D                          116  None          62          None       Forbidden       75 kg  02               25
          protective features
         Fuzes, igniting                       1.3G  UN0316            .....  1.3G      .......................  None          62          None       Forbidden   Forbidden  03               25
         Fuzes, igniting                       1.4G  UN0317            .....  1.4G      .......................  None          62          None       Forbidden       75 kg  02               25
         Fuzes, igniting                       1.4S  UN0368            .....  1.4S      .......................  None          62          None           25 kg      100 kg  01               25
         Galactsan trinitrate             Forbidden
         Gallium                                  8  UN2803             III   8                        T1, TP33  None          162         240            20 kg       20 kg  B                25
         Gas cartridges, (flammable)            2.1  UN2037                   2.1                                306           304         None            1 kg       15 kg  B                40
          without a release device, non-
          refillable
   D     Gas identification set                 2.3  NA9035                   2.3                             6  None          194         None       Forbidden   Forbidden  D
         Gas oil                                  3  UN1202             III   3           144, B1, IB3, T2, TP1  150           203         242             60 L       220 L  A
   G     Gas, refrigerated liquid,              2.1  UN3312                   2.1                      T75, TP5  None          316         318        Forbidden   Forbidden  D                40
          flammable, n.o.s. (cryogenic
          liquid)
   G     Gas, refrigerated liquid,              2.2  UN3158                   2.2                      T75, TP5  320           316         318            50 kg      500 kg  D
          n.o.s. (cryogenic liquid)
   G     Gas, refrigerated liquid,              2.2  UN3311                   2.2, 5.1           T75, TP5, TP22  320           316         318        Forbidden   Forbidden  D
          oxidizing, n.o.s. (cryogenic
          liquid)
         Gas sample, non-pressurized,           2.1  UN3167                   2.1                                306           302, 304    None             1 L         5 L  D
          flammable, n.o.s., not
          refrigerated liquid
         Gas sample, non-pressurized,           2.3  UN3168                   2.3, 2.1                        6  306           302         None       Forbidden         1 L  D
          toxic, flammable, n.o.s., not
          refrigerated liquid
         Gas sample, non-pressurized,           2.3  UN3169                   2.3                             6  306           302, 304    None       Forbidden         1 L  D                 D
          toxic, n.o.s., not
          refrigerated liquid
         Gasoline includes gasoline               3  UN1203              II   3         144, 177, B1, B33, IB2,  150           202         242              5 L        60 L  E
          mixed with ethyl alcohol, with                                                                     T4
          not more than 10% alcohol
         Gasoline, casinghead, see
          Gasoline
         Gelatine, blasting, see
          Explosive, blasting, type A
         Gelatine dynamites, see
          Explosive, blasting, type A
         Germane                                2.3  UN2192                   2.3, 2.1                        2  None          302         245        Forbidden   Forbidden  D                40
         Germane, adsorbed                      2.3  UN3523            .....  2.3, 2.1                        2  None          302c        None       Forbidden   Forbidden  D                40
         Glycerol-1,3-dinitrate           Forbidden
         Glycerol gluconate trinitrate    Forbidden
         Glycerol lactate trinitrate      Forbidden
         Glycerol alpha-monochlorohydrin        6.1  UN2689             III   6.1                  IB3, T4, TP1  153           203         241             60 L       220 L  A
         Glyceryl trinitrate, see
          Nitroglycerin, etc
         Glycidaldehyde                           3  UN2622              II   3, 6.1          IB2, IP8, T7, TP1  150           202         243              1 L        60 L  A                40
         Grenades, hand or rifle, with         1.1D  UN0284            .....  1.1D      .......