cfr_sections
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24 rows where part_number = 171 and title_number = 49 sorted by section_id
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| section_id ▼ | title_number | title_name | chapter | subchapter | part_number | part_name | subpart | subpart_name | section_number | section_heading | agency | authority | source_citation | amendment_citations | full_text |
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| 49:49:2.1.1.3.8.1.25.1 | 49 | Transportation | I | C | 171 | PART 171—GENERAL INFORMATION, REGULATIONS, AND DEFINITIONS | A | Subpart A—Applicability, General Requirements, and North American Shipments | § 171.1 Applicability of Hazardous Materials Regulations (HMR) to persons and functions. | PHMSA | [68 FR 61937, Oct. 30, 2003; 70 FR 20031, Apr. 15, 2005, as amended at 70 FR 73162, Dec. 9, 2005; 71 FR 44931, Aug. 8, 2006; 88 FR 1125, Jan. 6, 2023; 88 FR 89560, Dec. 28, 2023; 89 FR 106294, Dec. 30, 2024] | 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 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,… | |||
| 49:49:2.1.1.3.8.1.25.10 | 49 | Transportation | I | C | 171 | PART 171—GENERAL INFORMATION, REGULATIONS, AND DEFINITIONS | A | Subpart A—Applicability, General Requirements, and North American Shipments | § 171.11 [Reserved] | PHMSA | |||||
| 49:49:2.1.1.3.8.1.25.11 | 49 | Transportation | I | C | 171 | PART 171—GENERAL INFORMATION, REGULATIONS, AND DEFINITIONS | A | Subpart A—Applicability, General Requirements, and North American Shipments | § 171.12 North American Shipments. | PHMSA | [Amdt. 171-111, 55 FR 52472, Dec. 21, 1990] | (a) Requirements for the use of the Transport Canada TDG Regulations —(1) Applicability. 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 § 171.7), an equivalency certificate (permit for equivalent level of safety), or a temporary certificate (permit in support of public interest) issued by Transport Canada as an alternative to the TDG Regulations, as authorized in § 171.22, provided the requirements in §§ 171.22 and 171.23, as applicable, and this section are met. In addition, a cylinder, pressure drum, 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 within the United States provided the cylinder, pressure drum, 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 § 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 … | |||
| 49:49:2.1.1.3.8.1.25.12 | 49 | Transportation | I | C | 171 | PART 171—GENERAL INFORMATION, REGULATIONS, AND DEFINITIONS | A | Subpart A—Applicability, General Requirements, and North American Shipments | § 171.12a [Reserved] | PHMSA | |||||
| 49:49:2.1.1.3.8.1.25.13 | 49 | Transportation | I | C | 171 | PART 171—GENERAL INFORMATION, REGULATIONS, AND DEFINITIONS | A | Subpart A—Applicability, General Requirements, and North American Shipments | § 171.14 [Reserved] | PHMSA | |||||
| 49:49:2.1.1.3.8.1.25.2 | 49 | Transportation | I | C | 171 | PART 171—GENERAL INFORMATION, REGULATIONS, AND DEFINITIONS | A | Subpart A—Applicability, General Requirements, and North American Shipments | § 171.2 General requirements. | PHMSA | [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] | (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 … | |||
| 49:49:2.1.1.3.8.1.25.3 | 49 | Transportation | I | C | 171 | PART 171—GENERAL INFORMATION, REGULATIONS, AND DEFINITIONS | A | Subpart A—Applicability, General Requirements, and North American Shipments | § 171.3 Hazardous waste. | PHMSA | [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] | (a) No person may offer for transportation or transport a hazardous waste (as defined in § 171.8 of this subchapter) in interstate or intrastate commerce except in accordance with the requirements of this subchapter. (b) No person may accept for transportation, transport, or deliver a hazardous waste for which a manifest is required unless that person: (1) Has marked each motor vehicle used to transport hazardous waste in accordance with § 390.21 of this title even though placards may not be required; (2) Complies with the requirements for manifests set forth in § 172.205 of this subchapter; and (3) Delivers, as designated on the manifest by the generator, the entire quantity of the waste received from the generator or a transporter to: (i) The designated facility or, if not possible, to the designated alternate facility; (ii) The designated subsequent carrier; or (iii) A designated place outside the United States. Federal law specifies penalties up to $250,000 fine for an individual and $500,000 for a company and 5 years imprisonment for the willful discharge of hazardous waste at other than designated facilities. 49 U.S.C. 5124. (c) If a discharge of hazardous waste or other hazardous material occurs during transportation, and an official of a State or local government or a Federal agency, acting within the scope of his official responsibilities, determines that immediate removal of the waste is necessary to prevent further consequence, that official may authorize the removal of the waste without the preparation of a manifest. [ Note: In such cases, EPA does not require carriers to have EPA identification numbers.] EPA requires shippers (generators) and carriers (transporters) of hazardous wastes to have identification numbers which must be displayed on hazardous waste manifests. See 40 CFR parts 262 and 263. (Identification number application forms may be obtained from EPA regional offices.) In 40 CFR part 263, the EPA sets forth requirements for the cleanup of releases of hazardous wastes. | |||
| 49:49:2.1.1.3.8.1.25.4 | 49 | Transportation | I | C | 171 | PART 171—GENERAL INFORMATION, REGULATIONS, AND DEFINITIONS | A | Subpart A—Applicability, General Requirements, and North American Shipments | § 171.4 Marine pollutants. | PHMSA | [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] | (a) Except as provided in paragraph (c) of this section, no person may offer for transportation or transport a marine pollutant, as defined in § 171.8, in intrastate or interstate commerce except in accordance with the requirements of this subchapter. (b) The requirements of this subchapter for the transportation of marine pollutants are based on the provisions of Annex III of the 1973 International Convention for Prevention of Pollution from Ships, as modified by the Protocol of 1978 (MARPOL 73/78). (c) 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 provided the packagings meet the general requirements in §§ 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. | |||
| 49:49:2.1.1.3.8.1.25.5 | 49 | Transportation | I | C | 171 | PART 171—GENERAL INFORMATION, REGULATIONS, AND DEFINITIONS | A | Subpart A—Applicability, General Requirements, and North American Shipments | § 171.6 Control numbers under the Paperwork Reduction Act. | PHMSA | [Amdt. 171-111, 56 FR 66157, Dec. 20, 1991] | (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 1 to paragraph (b)(2): | |||
| 49:49:2.1.1.3.8.1.25.6 | 49 | Transportation | I | C | 171 | PART 171—GENERAL INFORMATION, REGULATIONS, AND DEFINITIONS | A | Subpart A—Applicability, General Requirements, and North American Shipments | § 171.7 Reference material. | PHMSA | [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; 83 FR 55806, Nov. 7, 2018; 84 FR 6952, Feb. 28, 2019; 85 FR 27852, May 11, 2020; 85 FR 75704, Nov. 25, 2020; 85 FR 78029, Dec. 3, 2020; 85 FR 85415, Dec. 28, 2020; 87 FR 44980, July 26, 2022; 87 FR 79765, Dec. 27, 2022; 89 FR 15662, Mar. 4, 2024; 89 FR 25469, Apr. 10, 2024; 91 FR 1446, Jan. 14, 2026] | (a) Certain material is incorporated by reference into subchapters A, B, and C with the approval of the Director of the Federal Register in accordance with 5 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. All approved incorporation by reference (IBR) material is available for inspection at PHMSA and at the National Archives and Records Administration (NARA). Contact PHMSA at: 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: www.phmsa.dot.gov. For information on the availability of this material at NARA, email: fr.inspection@nara.gov, or go to: www.archives.gov/federal-register/cfr/ibr-locations.html. The material may be obtained from the source(s) in the following paragraph(s) of this section. (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 §§ 172.102, 173.168, 173.302, and 173.304. (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 §§ 172.102; 178.65. (2) Welding Aluminum: Theory and Practice, 2002 Fourth Edition, into § 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 §§ 173.306; 173.307. (2) ANSI N14.1 Uranium Hexafluoride—Packaging for Transport, 1971 Edition, into §§ 173.417; 173.420. (3) ANSI N14.1 Uranium Hexafluoride—Packaging for Transport, 1982 Edition, into §§ 173.417; 173.420. (4) ANSI N14.1 Uraniu… | |||
| 49:49:2.1.1.3.8.1.25.7 | 49 | Transportation | I | C | 171 | PART 171—GENERAL INFORMATION, REGULATIONS, AND DEFINITIONS | A | Subpart A—Applicability, General Requirements, and North American Shipments | § 171.8 Definitions and abbreviations. | PHMSA | [Amdt. 171-32, 41 FR 15994, Apr. 15, 1976] | In this subchapter, Administrator means the Administrator, Pipeline and Hazardous Materials Safety Administration. Adsorbed gas. See § 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 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. 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 Boile… | |||
| 49:49:2.1.1.3.8.1.25.8 | 49 | Transportation | I | C | 171 | PART 171—GENERAL INFORMATION, REGULATIONS, AND DEFINITIONS | A | Subpart A—Applicability, General Requirements, and North American Shipments | § 171.9 Rules of construction. | PHMSA | [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] | (a) In this subchapter, unless the context requires otherwise: (1) Words imparting the singular include the plural; (2) Words imparting the plural include the singular; and (3) Words imparting the masculine gender include the feminine; (b) In this subchapter, the word: (1) “Shall” is used in an imperative sense; (2) “Must” is used in an imperative sense; (3) “Should” is used in a recommendatory sense; (4) “May” is used in a permissive sense to state authority or permission to do the act described, and the words “no person may * * *” or “a person may not * * *” means that no person is required, authorized, or permitted to do the act described; and (5) “Includes” is used as a word of inclusion not limitation. | |||
| 49:49:2.1.1.3.8.1.25.9 | 49 | Transportation | I | C | 171 | PART 171—GENERAL INFORMATION, REGULATIONS, AND DEFINITIONS | A | Subpart A—Applicability, General Requirements, and North American Shipments | § 171.10 Units of measure. | PHMSA | [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] | (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 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. | |||
| 49:49:2.1.1.3.8.2.25.1 | 49 | Transportation | I | C | 171 | PART 171—GENERAL INFORMATION, REGULATIONS, AND DEFINITIONS | B | Subpart B—Incident Reporting, Notification, BOE Approvals and Authorization | § 171.15 Immediate notice of certain hazardous materials incidents. | PHMSA | [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; 87 FR 79766, Dec. 27, 2022] | (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). 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 § 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 sho… | |||
| 49:49:2.1.1.3.8.2.25.2 | 49 | Transportation | I | C | 171 | PART 171—GENERAL INFORMATION, REGULATIONS, AND DEFINITIONS | B | Subpart B—Incident Reporting, Notification, BOE Approvals and Authorization | § 171.16 Detailed hazardous materials incident reports. | PHMSA | [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; 85 FR 83375, Dec. 21, 2020] | (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 § 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 Federal Aviation Administration (FAA) Regional Office nearest the location of the incident. The nearest FAA Regional Office may b… | |||
| 49:49:2.1.1.3.8.2.25.3 | 49 | Transportation | I | C | 171 | PART 171—GENERAL INFORMATION, REGULATIONS, AND DEFINITIONS | B | Subpart B—Incident Reporting, Notification, BOE Approvals and Authorization | §§ 171.17-171.18 [Reserved] | PHMSA | |||||
| 49:49:2.1.1.3.8.2.25.4 | 49 | Transportation | I | C | 171 | PART 171—GENERAL INFORMATION, REGULATIONS, AND DEFINITIONS | B | Subpart B—Incident Reporting, Notification, BOE Approvals and Authorization | § 171.19 Approvals or authorizations issued by the Bureau of Explosives. | PHMSA | [63 FR 37459, July 10, 1998] | 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. | |||
| 49:49:2.1.1.3.8.2.25.5 | 49 | Transportation | I | C | 171 | PART 171—GENERAL INFORMATION, REGULATIONS, AND DEFINITIONS | B | Subpart B—Incident Reporting, Notification, BOE Approvals and Authorization | § 171.20 Submission of Examination Reports. | PHMSA | [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] | (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. | |||
| 49:49:2.1.1.3.8.2.25.6 | 49 | Transportation | I | C | 171 | PART 171—GENERAL INFORMATION, REGULATIONS, AND DEFINITIONS | B | Subpart B—Incident Reporting, Notification, BOE Approvals and Authorization | § 171.21 Assistance in investigations and special studies. | PHMSA | [68 FR 67760, Dec. 3, 2003] | (a) A shipper, carrier, package owner, package manufacturer or certifier, repair facility, or person reporting an incident under the provisions of § 171.16 must: (1) Make all records and information pertaining to the incident available to an authorized representative or special agent of the Department of Transportation upon request; and (2) Give an authorized representative or special agent of the Department of Transportation reasonable assistance in the investigation of the incident. (b) If an authorized representative or special agent of the Department of Transportation makes an inquiry of a person required to complete an incident report in connection with a study of incidents, the person shall: (1) Respond to the inquiry within 30 days after its receipt or within such other time as the inquiry may specify; and (2) Provide true and complete answers to any questions included in the inquiry. | |||
| 49:49:2.1.1.3.8.3.25.1 | 49 | Transportation | I | C | 171 | PART 171—GENERAL INFORMATION, REGULATIONS, AND DEFINITIONS | C | 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. | PHMSA | [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] | (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 § 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 transp… | |||
| 49:49:2.1.1.3.8.3.25.2 | 49 | Transportation | I | C | 171 | PART 171—GENERAL INFORMATION, REGULATIONS, AND DEFINITIONS | C | Subpart C—Authorization and Requirements for the Use of International Transport 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. | PHMSA | [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; 85 FR 75705, Nov. 25, 2020; 85 FR 85416, Dec. 28, 2020; 87 FR 44982, July 26, 2022; 89 FR 25471, Apr. 10, 2024] | All shipments offered for transportation or transported in the United States under the ICAO Technical Instructions, IMDG Code, Transport Canada TDG Regulations, or the IAEA Regulations (IBR, see § 171.7) must conform to the requirements of this section, as applicable. (a) Conditions and requirements for cylinders and pressure receptacles —(1) Applicability. 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 § 171.12, or a cylinder used as a fire extinguisher in conformance with § 173.309(a) of this subchapter, may not be transported to, from, or within the United States. (2) Conditions. 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 § 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 § 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 con… | |||
| 49:49:2.1.1.3.8.3.25.3 | 49 | Transportation | I | C | 171 | PART 171—GENERAL INFORMATION, REGULATIONS, AND DEFINITIONS | C | Subpart C—Authorization and Requirements for the Use of International Transport Standards and Regulations | § 171.24 Additional requirements for the use of the ICAO Technical Instructions. | PHMSA | [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; 87 FR 78010, Dec. 21, 2022] | (a) A hazardous material that is offered for transportation or transported within the United States by aircraft, and by motor vehicle or rail either before or after being transported by aircraft in accordance with the ICAO Technical Instructions (IBR, see § 171.7), as authorized in paragraph (a) of § 171.22, must conform to the requirements in § 171.22, as applicable, and this section. (b) Any person who offers for transportation or transports a hazardous material in accordance with the ICAO Technical Instructions must comply with the following additional conditions and requirements: (1) All applicable requirements in parts 171 and 175 of this subchapter (also see 14 CFR 121.135, 121.401, 121.433a, 135.323, 135.327 and 135.333); (2) The quantity limits prescribed in the ICAO Technical Instructions for transportation by passenger-carrying or cargo aircraft, as applicable; (3) The conditions or requirements of a United States variation, when specified in the ICAO Technical Instructions. (c) 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 transportati… | |||
| 49:49:2.1.1.3.8.3.25.4 | 49 | Transportation | I | C | 171 | PART 171—GENERAL INFORMATION, REGULATIONS, AND DEFINITIONS | C | Subpart C—Authorization and Requirements for the Use of International Transport Standards and Regulations | § 171.25 Additional requirements for the use of the IMDG Code. | PHMSA | [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; 87 FR 78010, Dec. 21, 2022; 89 FR 25471, Apr. 10, 2024] | (a) A hazardous material may be offered for transportation or transported to, from or within the United States by vessel, and by motor carrier and rail in accordance with the IMDG Code (IBR, see § 171.7), as authorized in § 171.22, provided all or part of the movement is by vessel. Such shipments must conform to the requirements in § 171.22, as applicable, and this section. (b) Any person who offers for transportation or transports a hazardous material in accordance with the IMDG Code must conform to the following additional conditions and requirements: (1) Unless specified otherwise in this subchapter, a shipment must conform to the requirements in part 176 of this subchapter. For transportation by rail or highway prior to or subsequent to transportation by vessel, a shipment must conform to the applicable requirements of parts 174 and 177 respectively, of this subchapter, and the motor vehicle or rail car must be placarded in accordance with subpart F of part 172 of this subchapter. When a hazardous material regulated by this subchapter for transportation by highway is transported by motor vehicle on a public highway or by rail under the provisions of subpart C of part 171, the segregation requirements of Part 7, Chapter 7.2 of the IMDG Code are authorized. (2) For transportation by vessel, the stowage and segregation requirements in Part 7 of the IMDG Code may be substituted for the stowage and segregation requirements in part 176 of this subchapter. (3) The outside of each package containing lithium metal cells or batteries (UN3090) or lithium ion cells or batteries (UN3480) transported in accordance with special provision 188 of the IMDG Code must be appropriately marked “PRIMARY LITHIUM BATTERIES—FORBIDDEN FOR TRANSPORT ABOARD PASSENGER AIRCRAFT”, “LITHIUM METAL BATTERIES—FORBIDDEN FOR TRANSPORT ABOARD PASSENGER AIRCRAFT”, “LITHIUM ION BATTERIES—FORBIDDEN FOR TRANSPORT ABOARD PASSENGER AIRCRAFT”, or “LITHIUM BATTERIES—FORBIDDEN FOR TRANSPORT ABOARD PASSENGER AIRCRAFT”, or labeled with a CARGO AIRCRAFT O… | |||
| 49:49:2.1.1.3.8.3.25.5 | 49 | Transportation | I | C | 171 | PART 171—GENERAL INFORMATION, REGULATIONS, AND DEFINITIONS | C | Subpart C—Authorization and Requirements for the Use of International Transport Standards and Regulations | § 171.26 Additional requirements for the use of the IAEA Regulations. | PHMSA | A Class 7 (radioactive) material being imported into or exported from the United States or passing through the United States in the course of being shipped between places outside the United States may be offered for transportation or transported in accordance with the IAEA Regulations (IBR, see § 171.7) as authorized in paragraph (a) of § 171.22, provided the requirements in § 171.22, as applicable, are met. |
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chapter TEXT,
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