cfr_sections
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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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| 49:49:2.1.1.3.10.1.25.1 | 49 | Transportation | I | C | 173 | PART 173—SHIPPERS—GENERAL REQUIREMENTS FOR SHIPMENTS AND PACKAGINGS | A | Subpart A—General | § 173.1 Purpose and scope. | PHMSA | [Amdt. 173-94, 41 FR 16062, Apr. 15, 1976, as amended by Amdt. 173-100, 41 FR 40476, Sept. 20, 1976; Amdt. 173-161, 48 FR 2655, Jan. 20, 1983; Amdt. 173-224, 55 FR 52606, Dec. 21, 1990; Amdt. 173-231, 57 FR 20953, May 15, 1992; 64 FR 10776, Mar. 5, 1999; 68 FR 61941, Oct. 30, 2003] | (a) This part includes: (1) Definitions of hazardous materials for transportation purposes; (2) Requirements to be observed in preparing hazardous materials for shipment by air, highway, rail, or water, or any combination thereof; and (3) Inspection, testing, and retesting responsibilities for persons who retest, recondition, maintain, repair and rebuild containers used or intended for use in the transportation of hazardous materials. (b) A shipment of hazardous materials that is not prepared in accordance with this subchapter may not be offered for transportation by air, highway, rail, or water. It is the responsibility of each hazmat employer subject to the requirements of this subchapter to ensure that each hazmat employee is trained in accordance with the requirements prescribed in this subchapter. It is the duty of each person who offers hazardous materials for transportation to instruct each of his officers, agents, and employees having any responsibility for preparing hazardous materials for shipment as to applicable regulations in this subchapter. (c) In general, the Hazardous Materials Regulations (HMR) contained in this subchapter are based on the UN Recommendations and are consistent with international regulations issued by the International Civil Aviation Organization (ICAO Technical Instructions) and the International Maritime Organization (IMDG Code). However, the HMR are not consistent in all respects with the UN Recommendations, the ICAO Technical Instructions or the IMDG Code, and compliance with the HMR will not guarantee acceptance by regulatory bodies outside of the United States. | |||
| 49:49:2.1.1.3.10.1.25.10 | 49 | Transportation | I | C | 173 | PART 173—SHIPPERS—GENERAL REQUIREMENTS FOR SHIPMENTS AND PACKAGINGS | A | Subpart A—General | § 173.5b Portable and mobile refrigeration systems. | PHMSA | [74 FR 16142, Apr. 9, 2009, as amended at 85 FR 75712, Nov. 25, 2020] | This section authorizes the highway transportation of residual amounts of Division 2.2 refrigerant gases or anhydrous ammonia contained in non-specification pressure vessels that are components of refrigeration systems, which may or may not be permanently mounted to a transport vehicle, used for agricultural operations. These refrigeration systems are used at field sites to cool (pre-cool) produce before the produce is loaded into trucks or railcars for market or used to supplement stationary refrigeration systems during peak harvest times. The components of these refrigeration systems are commonly known as vacuum tubes, accumulators, refrigeration units, ice makers, pressure coolers, or evaporators. (a) General packaging requirements. Each non-specification pressure vessel must conform to the following: (1) Each pressure vessel must be designed, manufactured, and maintained in accordance with applicable requirements of the ASME Code (IBR, see § 171.7 of this subchapter). (2) Except as authorized in this section, each pressure vessel and associated piping must be rated at a maximum allowable work pressure (MAWP) of 250 psig. The pressure in these components may not exceed MAWP. (3) Any part of the piping or pressure vessel separated from another component of the refrigeration system by means of a valve, blank flange, or other device must be equipped with a pressure relief valve set at MAWP. All lines that must be disconnected for transportation purposes must be closed by means of a cap, plug or blank flange, and valves at the end of disconnected lines must be tightly closed. (4) The aggregate total volumetric capacity of components within the refrigeration system authorized for highway transportation in accordance with this section may not exceed 2,500 gallons per vehicle. (5) Each pressure vessel and associated piping containing anhydrous ammonia must conform to the following: (i) Piping with a diameter of 2 inches or more must conform to ASTM A 53 Schedule 40 or ASTM A106 Schedule 40 (IBR, see § 171.7 … | |||
| 49:49:2.1.1.3.10.1.25.11 | 49 | Transportation | I | C | 173 | PART 173—SHIPPERS—GENERAL REQUIREMENTS FOR SHIPMENTS AND PACKAGINGS | A | Subpart A—General | § 173.6 Materials of trade exceptions. | PHMSA | [Amdt. 173-259, 62 FR 1216, Jan. 8, 1997, as amended by Amdt. 173-262, 62 FR 49566, Sept. 22, 1997; 62 FR 51560, Oct. 1, 1997; Amdt. 173-259, 63 FR 8142, Feb. 18, 1998; 63 FR 52849, Oct. 1, 1998; 66 FR 45381, Aug. 28, 2001; 67 FR 53137, Aug. 14, 2002; 68 FR 75742, Dec. 31, 2003; 68 FR 61941, Oct. 30, 2003; 71 FR 32258, June 2, 2006; 72 FR 55692, Oct. 1, 2007; 78 FR 1113, Jan. 7, 2013; 78 FR 15326, Mar. 11, 2013; 78 FR 65478, Oct. 31, 2013; 85 FR 27878, May 11, 2020; 87 FR 79774, Dec. 27, 2022] | When transported by motor vehicle in conformance with this section, a material of trade (see § 171.8 of this subchapter) is not subject to any other requirements of this subchapter besides those set forth or referenced in this section. (a) Materials and amounts. A material of trade is limited to the following: (1) A Class 3, 8, 9, Division 4.1, 5.1, 5.2, or 6.1 material contained in a packaging having a gross mass or capacity not over— (i) 0.5 kg (1 pound) or 0.5 L (1 pint) for a Packing Group I material; (ii) 30 kg (66 pounds) or 30 L (8 gallons) for a Packing Group II or Packing Group III material; (iii) 1500 L (400 gallons) for a diluted mixture, not to exceed 2 percent concentration, of a Class 9 material. (2) A Division 2.1 or 2.2 material in a cylinder with a gross weight not over 100 kg (220 pounds), in a Dewar flask meeting the requirements of § 173.320, or a permanently mounted tank manufactured to the ASME Code of not more than 70 gallon water capacity for a non-liquefied Division 2.2 material with no subsidiary hazard. (3) A Division 4.3 material in Packing Group II or III contained in a packaging having a gross capacity not exceeding 30 mL (1 ounce). (4) A Division 6.2 material, other than a Category A infectious substance, contained in human or animal samples (including, but not limited to, secreta, excreta, blood and its components, tissue and tissue fluids, and body parts) being transported for research, diagnosis, investigational activities, or disease treatment or prevention, or is a biological product or regulated medical waste. The material must be contained in a combination packaging. For liquids, the inner packaging must be leakproof, and the outer packaging must contain sufficient absorbent material to absorb the entire contents of the inner packaging. For sharps, the inner packaging (sharps container) must be constructed of a rigid material resistant to punctures and securely closed to prevent leaks or punctures, and the outer packaging must be securely closed to prevent leaks or … | |||
| 49:49:2.1.1.3.10.1.25.12 | 49 | Transportation | I | C | 173 | PART 173—SHIPPERS—GENERAL REQUIREMENTS FOR SHIPMENTS AND PACKAGINGS | A | Subpart A—General | § 173.7 Government operations and materials. | PHMSA | [29 FR 18671, Dec. 29, 1964. Redesignated at 32 FR 5606, Apr. 5, 1967] | (a) Hazardous materials offered for transportation by, for, or to the Department of Defense (DOD) of the U.S. Government, including commercial shipments pursuant to a DOD contract, must be packaged in accordance with the regulations in this subchapter or in packagings of equal or greater strength and efficiency as certified by DOD in accordance with the procedures prescribed by “Packaging of Hazardous Material, DLAR 4145.41/AR 700-143/NAVSUPINST 4030.55D/AFMAN 24-210__IP/MCO 4030.40C (IBR, see § 171.7 of this subchapter).” Hazardous materials offered for transportation by DOD under this provision may be reshipped by any shipper to any consignee provided the original packaging has not been damaged or altered in any manner. (1) Hazardous materials sold by the DOD in packagings that are not marked in accordance with the requirements of this subchapter may be shipped from DOD installations if the DOD certifies in writing that the packagings are equal to or greater in strength and efficiency than the packaging prescribed in this subchapter. The shipper shall obtain such a certification in duplicate for each shipment. He shall give one copy to the originating carrier and retain the other for no less than 1 year. (2) [Reserved] (b) Shipments of hazardous materials, made by or under the direction or supervision of the U.S. Department of Energy (DOE) or the Department of Defense (DOD), for the purpose of national security, and which are escorted by personnel specifically designated by or under the authority of those agencies, are not subject to the requirements of this subchapter. For transportation by a motor vehicle or a rail car, the escorts must be in a separate transport vehicle from the transport vehicle carrying the hazardous materials that are excepted by this paragraph. A document certifying that the shipment is for the purpose of national security must be in the possession of the person in charge of providing security during transportation. (c) Shipments of explosive samples, not exceeding 1 g net weight, of… | |||
| 49:49:2.1.1.3.10.1.25.13 | 49 | Transportation | I | C | 173 | PART 173—SHIPPERS—GENERAL REQUIREMENTS FOR SHIPMENTS AND PACKAGINGS | A | Subpart A—General | § 173.8 Exceptions for non-specification packagings used in intrastate transportation. | PHMSA | [Amdt. 173-259, 62 FR 1216, Jan. 8, 1997, as amended by Amdt. 172-262, 62 FR 49567, Sept. 22, 1997; Amdt. 173-259, 63 FR 8142, Feb. 18, 1998; 66 FR 45380, Aug. 28, 2001; 76 FR 56315, Sept. 13, 2011; 80 FR 72924, Nov. 23, 2015] | (a) [Reserved] (b) Non-specification cargo tanks for petroleum products. Notwithstanding requirements for specification packagings in subpart F of this part and parts 178 and 180 of this subchapter, a non-specification cargo tank motor vehicle having a capacity of less than 13,250 L (3,500 gallons) may be used by an intrastate motor carrier for transportation of a flammable liquid petroleum product in accordance with the provisions of paragraph (d) of this section. (c) Permanently secured non-bulk tanks for petroleum products. Notwithstanding requirements for specification packagings in subpart F of this part 173 and parts 178 and 180 of this subchapter, a non-specification metal tank permanently secured to a transport vehicle and protected against leakage or damage in the event of a turnover, having a capacity of less than 450 L (119 gallons), may be used by an intrastate motor carrier for transportation of a flammable liquid petroleum product in accordance with the provisions of paragraph (d) of this section. (d) Additional requirements. A packaging used under the provisions of paragraphs (a), (b) or (c) of this section must— (1) Be operated by an intrastate motor carrier and in use as a packaging for hazardous material before October 1, 1998; (2) Be operated in conformance with the requirements of the State in which it is authorized; (3) Be specifically authorized by a State statute or regulation in effect before October 1, 1998, for use as a packaging for the hazardous material being transported; (4) Be offered for transportation and transported in conformance with all other applicable requirements of this subchapter; (5) Not be used to transport a flammable cryogenic liquid, hazardous substance, hazardous waste, or a marine pollutant (except for gasoline); and (6) For a tank authorized under paragraph (b) or (c) of this section, conform to all requirements in part 180 (except for § 180.405(g)) of this subchapter in the same manner as required for a DOT specification MC 306 cargo tank motor veh… | |||
| 49:49:2.1.1.3.10.1.25.14 | 49 | Transportation | I | C | 173 | PART 173—SHIPPERS—GENERAL REQUIREMENTS FOR SHIPMENTS AND PACKAGINGS | A | Subpart A—General | § 173.9 Transport vehicles or freight containers containing lading which has been fumigated. | PHMSA | [71 FR 78629, Dec. 29, 2006, as amended at 80 FR 1152, Jan. 8, 2015; 82 FR 15874, Mar. 30, 2017] | (a) For the purpose of this section, not including 49 CFR part 387, a rail car, freight container, truck body, or trailer in which the lading has been fumigated with any material, or is undergoing fumigation, is a package containing a hazardous material. (b) No person may offer for transportation or transport a rail car, freight container, truck body, or trailer in which the lading has been fumigated or treated with any material, or is undergoing fumigation, unless the FUMIGANT marking specified in paragraph (e) of this section is prominently displayed so that it can be seen by any person attempting to enter the interior of the transport vehicle or freight container. For domestic transportation, a hazard warning label authorized by EPA under 40 CFR part 156 may be used as an alternative to the FUMIGANT marking. (c) No person may affix or display on a rail car, freight container, truck body, or trailer the FUMIGANT marking specified in paragraph (e) of this section, unless the lading has been fumigated or is undergoing fumigation. (d) The FUMIGANT marking required by paragraph (b) of this section must remain on the rail car, freight container, truck body, or trailer until the rail car, freight container, truck body, or trailer has been completely ventilated either by opening the doors of the unit or by mechanical ventilation to ensure no harmful concentration of gas remains after fumigation has been completed. (e) FUMIGANT marking. (1) The FUMIGANT marking must consist of black letters on a white background that is a rectangle at least 400 mm (15.75 inches) wide and at least 300 mm (11.8 inches) high as measured to the outside of the lines forming the border of the marking. The minimum width of the line forming the border must be 2 mm and the text on the marking must not be less than 25 mm high. Except for size and color, the FUMIGANT marking must be as shown in the following figure. Where dimensions are not specified, all features shall be in approximate proportion to those shown. (i) The marking, and all … | |||
| 49:49:2.1.1.3.10.1.25.15 | 49 | Transportation | I | C | 173 | PART 173—SHIPPERS—GENERAL REQUIREMENTS FOR SHIPMENTS AND PACKAGINGS | A | Subpart A—General | § 173.10 Tank car shipments. | PHMSA | [29 FR 18773, Dec. 29, 1964. Redesignated at 32 FR 5606, Apr. 5, 1967, and by Amdt. 173-162, 48 FR 10226, Mar. 10, 1983, and amended by Amdt. 173-180, 49 FR 42735, Oct. 24, 1984; Amdt. 173-207, 53 FR 38274, Sept. 29, 1988; Amdt. 173-224, 55 FR 52608, Dec. 21, 1990; 56 FR 66265, Dec. 20, 1991; Amdt. 173-234, 58 FR 51532, Oct. 1, 1993; 67 FR 61013, Sept. 27, 2002] | (a) Tank cars containing any 2.1 material (including a cryogenic liquid) or Class 3 material with a flash point below 38 °C (100 °F), except liquid road asphalt or tar, may not be offered for transportation unless originally consigned or subsequently reconsigned to parties having private-siding (see Note 1 of this section) or to parties using railroad siding facilities which have been equipped for piping the liquid from tank cars to permanent storage tanks of sufficient capacity to receive contents of car. (b) A tank car containing any Class 2 material must not be offered for transportation unless the car is consigned for delivery (see paragraph (c) of this section) and unloading on a private track (see Note 1 of this section) except that where no private track is available, delivery and unloading on carrier tracks is permitted provided the following conditions are complied with: (1) Any tank car of DOT-106A or 110A type (see §§ 179.300 and 179.301 of this subchapter) may be offered for transportation and the loaded unit tanks may be removed from car frame on carrier tracks, provided the shipper has obtained from the delivering carrier and filed with originating carrier, written permission (see Note 2 of this section) for such removal. The consignee must furnish adequately safe mechanical hoist, obtained from the carrier if desirable, by which the tanks shall be lifted from the car and deposited directly upon vehicles furnished by the consignee for immediate removal from carrier property or tanks must be lifted by adequately safe mechanical hoist from car directly to vessels for further transportation. (c) Any tank car of other than DOT-106A or 110A type (see §§ 179.300 and 179.301 of this subchapter), containing anhydrous ammonia, liquefied hydrocarbon or liquefied petroleum gas, and having interior pipes of liquid and gas discharge valves equipped with check valves, may be consigned for delivery and unloading on carrier tracks, if the lading is piped directly from the car to permanent storage tanks of suffic… | |||
| 49:49:2.1.1.3.10.1.25.16 | 49 | Transportation | I | C | 173 | PART 173—SHIPPERS—GENERAL REQUIREMENTS FOR SHIPMENTS AND PACKAGINGS | A | Subpart A—General | § 173.11 Exceptions for shipment of light bulbs containing hazardous materials. | PHMSA | [80 FR 1153, Jan. 8, 2015, as amended at 87 FR 79774, Dec. 27, 2022] | The following light bulbs (lamps) are not subject to any other requirements of this subchapter provided they do not contain Class 7 (radioactive) material: (a) Light bulbs that are collected directly from individuals and households when transported to a collection or recycling facility. (b) Light bulbs each containing not more than 1 g of hazardous materials and packaged so that there is not more than 30 g of hazardous materials per package. Each light bulb must be packed in inner packagings separated by dividers or surrounded by cushioning material to protect the light bulbs and packed into strong outer packagings meeting the requirements of § 173.24(b) of this subpart and capable of passing a 1.2 m (4 feet) drop test. (c) Used, damaged, defective light bulbs each containing not more than 1 g of hazardous materials and packaged so that there is not more than 30 g of hazardous materials per package when transported from a collection or recycling facility. The light bulbs must be packed in strong outer packagings meeting the requirements of § 173.24(b) of this subpart and capable of passing a 1.2 m (4 feet) drop test. (d) Light bulbs containing only gases of Division 2.2 provided they are packaged so that the projectile effects of any rupture of the bulb will be contained within the package. | |||
| 49:49:2.1.1.3.10.1.25.17 | 49 | Transportation | I | C | 173 | PART 173—SHIPPERS—GENERAL REQUIREMENTS FOR SHIPMENTS AND PACKAGINGS | A | Subpart A—General | § 173.12 Exceptions for shipment of waste materials. | PHMSA | [Amdt. 173-224, 55 FR 52609, Dec. 21, 1990] | (a) Open head drums. If a hazardous material that is a hazardous waste is required by this subchapter to be shipped in a closed head drum (i.e., a drum with a 7.0 cm (3 inches) or less bung opening) and the hazardous waste contains solids or semisolids that make its placement in a closed head drum impracticable, an equivalent (except for closure) open head drum may be used for the hazardous waste. (b) Lab packs. (1) Waste materials prohibited by paragraph (b)(3) of this section are not authorized for transport in packages authorized by this paragraph (b). Waste materials classed as Class or Division 3, 4.1, 4.2, 4.3, 5.1, 5.2, 6.1, 8, or 9 are excepted from the specification packaging requirements of this subchapter for combination packagings if packaged in accordance with this paragraph (b) and transported for disposal or recovery by highway, rail or cargo vessel. In addition, a generic description from the § 172.101 Hazardous Materials Table may be used in place of specific chemical names, when two or more chemically compatible waste materials in the same hazard class are packaged in the same outside packaging. (2) Combination packaging requirements: (i) Inner packagings. The inner packagings must be either glass, not exceeding 4 L (1 gallon) rated capacity, or metal or plastic, not exceeding 20 L (5.3 gallons) rated capacity. Inner packagings containing liquid must be surrounded by a chemically compatible absorbent material in sufficient quantity to absorb the total liquid contents. (ii) Outer packaging. Each outer packaging may contain only one class of waste material. The following outer packagings are authorized except that Division 4.2 Packing Group I materials must be packaged using UN standard steel or plastic drums tested and marked to the Packing Group I performance level for liquids or solids; and bromine pentafluoride and bromine trifluoride may not be packaged using UN 4G fiberboard boxes: (A) A UN 1A2, UN 1B2 or UN 1N2 metal drum, a UN 1D plywood drum, a UN 1G fiber drum, or a UN 1H2 p… | |||
| 49:49:2.1.1.3.10.1.25.18 | 49 | Transportation | I | C | 173 | PART 173—SHIPPERS—GENERAL REQUIREMENTS FOR SHIPMENTS AND PACKAGINGS | A | Subpart A—General | § 173.13 Exceptions for Class 3, Divisions 4.1, 4.2, 4.3, 5.1, 6.1, and Classes 8 and 9 materials. | PHMSA | [Amdt. 173-253, 61 FR 27173, May 30, 1996, as amended at 65 FR 50460, Aug. 18, 2000; 66 FR 45381, Aug. 28, 2001; 70 FR 3309, Jan. 24, 2005; 71 FR 54395, Sept. 14, 2006; 75 FR 27215, May 14, 2010] | (a) A Class 3, 8 or 9, or Division 4.1, 4.2, 4.3, 5.1, or 6.1 material is excepted from the labeling (except for the CARGO AIRCRAFT ONLY label), placarding and segregation requirements of this subchapter if prepared for transportation in accordance with the requirements of this section. A material that meets the definition of a material poisonous by inhalation may not be offered for transportation or transported under provisions of this section. (b) A hazardous material conforming to the requirements of this section may be transported by motor vehicle and rail car. In addition, packages prepared in accordance with this section may be transported by aircraft under the following conditions: (1) Cargo-only aircraft. Only hazardous materials permitted to be transported aboard either a passenger or cargo-only aircraft by column (9A) or (9B) of the Hazardous Materials Table in § 172.101 of this subchapter are authorized aboard cargo-only aircraft. (2) Passenger carrying aircraft. Only hazardous materials permitted to be transported aboard a passenger aircraft by column (9A) of the Hazardous Materials Table in § 172.101 of this subchapter are authorized aboard passenger aircraft. The completed package, assembled as for transportation, must be successfully tested in accordance with part 178 of this subchapter at the Packing Group I level. A hazardous material which meets the definition of a Division 5.1 (oxidizer) at the Packing Group I level in accordance with § 173.127(b)(1)(i) of this subchapter may not be transported aboard a passenger aircraft. (3) Packages offered for transportation aboard either passenger or cargo-only aircraft must meet the requirements for transportation by aircraft specified in § 173.27 of this subchapter. (c) A hazardous material permitted by paragraph (a) of this section must be packaged as follows: (1) For liquids: (i) The hazardous material must be placed in a tightly closed glass, plastic or metal inner packaging with a maximum capacity not exceeding 1.2 L. Sufficient outage mus… | |||
| 49:49:2.1.1.3.10.1.25.19 | 49 | Transportation | I | C | 173 | PART 173—SHIPPERS—GENERAL REQUIREMENTS FOR SHIPMENTS AND PACKAGINGS | A | Subpart A—General | § 173.14 Hazardous materials in equipment in use or intended for use during transport. | PHMSA | [87 FR 44991, July 26, 2022] | (a) Except for transportation by aircraft, hazardous materials ( e.g., lithium batteries, fuel cell cartridges) contained in equipment, such as data loggers and cargo tracking devices, attached to or placed in packages, overpacks, or containers are not subject to this subchapter other than the following: (1) The equipment must be in use or intended for use during transportation; (2) The hazardous materials ( e.g., lithium batteries, fuel cell cartridges) must meet the applicable construction and test requirements specified in this subchapter; (3) The equipment must be capable of withstanding the shocks and loadings normally encountered during transport and must be safe for use in the environments to which it may be exposed; and (4) When offered for transport by vessel, the requirements in § 176.76(a)(9) of this subchapter apply. (b) For transportation by aircraft, lithium batteries contained in equipment such as data loggers and cargo tracking devices, attached to or placed in packages containing COVID-19 pharmaceuticals, are not subject to the marking and documentation requirements of § 173.185(c)(3) and (c)(4)(iv). This same package, when shipped without the COVID-19 pharmaceuticals for the purpose of use or reuse, is also not subject to the marking and documentation requirements of § 173.185(c)(3) and (c)(4)(iv), as applicable, provided prior arrangements have been made with the operator. (c) The exception provided by this section does not apply to hazardous materials shipped as cargo. Hazardous materials contained in equipment as described in this section, when transported as a cargo, are subject to, and must be transported in accordance with, all applicable requirements of this subchapter. | |||
| 49:49:2.1.1.3.10.1.25.2 | 49 | Transportation | I | C | 173 | PART 173—SHIPPERS—GENERAL REQUIREMENTS FOR SHIPMENTS AND PACKAGINGS | A | Subpart A—General | § 173.2 Hazardous material classes and index to hazard class definitions. | PHMSA | [87 FR 79774, Dec. 27, 2022] | The hazard class of a hazardous material is indicated by either the class or division number or the class name. The following table lists class numbers, division numbers, class or division names and those sections of this subchapter which contain definitions for classifying hazardous materials, including forbidden materials. Table 1 to § 173.2 | |||
| 49:49:2.1.1.3.10.1.25.3 | 49 | Transportation | I | C | 173 | PART 173—SHIPPERS—GENERAL REQUIREMENTS FOR SHIPMENTS AND PACKAGINGS | A | Subpart A—General | § 173.2a Classification of a material having more than one hazard. | PHMSA | [Amdt. 173-224, 55 FR 52606, Dec. 21, 1990, as amended at 56 FR 66264, Dec. 20, 1991; Amdt. 173-241, 59 FR 67490, Dec. 29, 1994; Amdt. 173-247, 60 FR 48787, Sept. 20, 1995; Amdt. 173-244, 60 FR 50307, Sept. 28, 1995; 64 FR 10776, Mar. 5, 1999; 66 FR 33426, June 21, 2001; 66 FR 45182, 45379, Aug. 28, 2001; 68 FR 45032, July 31, 2003; 80 FR 1151, Jan. 8, 2015; 85 FR 27878, May 11, 2020] | (a) Classification of a material having more than one hazard. Except as provided in paragraph (c) of this section, a material not specifically listed in the § 172.101 Table or assigned to an entry of articles containing hazardous materials (UN3537 to UN3548) that meets the definition of more than one hazard class or division as defined in this part, shall be classed according to the highest applicable hazard class of the following hazard classes, which are listed in descending order of hazard: (1) Class 7 (radioactive materials, other than limited quantities; and shipments of UN 3507, Uranium hexafluoride, radioactive material, excepted package) (2) Division 2.3 (poisonous gases). (3) Division 2.1 (flammable gases). (4) Division 2.2 (nonflammable gases). (5) Division 6.1 (poisonous liquids), Packing Group I, poisonous-by-inhalation only. (6) A material that meets the definition of a pyrophoric material in § 173.124(b)(1) of this subchapter (Division 4.2). (7) A material that meets the definition of a self-reactive material in § 173.124(a)(2) of this subchapter (Division 4.1). (8) Class 3 (flammable liquids), Class 8 (corrosive materials), Division 4.1 (flammable solids), Division 4.2 (spontaneously combustible materials), Division 4.3 (dangerous when wet materials), Division 5.1 (oxidizers) or Division 6.1 (poisonous liquids or solids other than Packing Group I, poisonous-by-inhalation). The hazard class and packing group for a material meeting more than one of these hazards shall be determined using the precedence table in paragraph (b) of this section. (9) Combustible liquids. (10) Class 9 (miscellaneous hazardous materials). (b) Precedence of hazard table for Classes 3 and 8 and Divisions 4.1, 4.2, 4.3, 5.1 and 6.1. The following table ranks those materials that meet the definition of Classes 3 and 8 and Divisions 4.1, 4.2, 4.3, 5.1 and 6.1: Precedence of Hazard Table [ Hazard class or division and packing group ] 1 See § 173.127. 2 Materials of Division 4.1 other than self-reactive substa… | |||
| 49:49:2.1.1.3.10.1.25.4 | 49 | Transportation | I | C | 173 | PART 173—SHIPPERS—GENERAL REQUIREMENTS FOR SHIPMENTS AND PACKAGINGS | A | Subpart A—General | § 173.3 Packaging and exceptions. | PHMSA | [Amdt. 173-224, 55 FR 52607, Dec. 21, 1990] | (a) The packaging of hazardous materials for transportation by air, highway, rail, or water must be as specified in this part. Methods of manufacture, packing, and storage of hazardous materials, that affect safety in transportation, must be open to inspection by a duly authorized representative of the initial carrier or of the Department. Methods of manufacture and related functions necessary for completion of a DOT specification or U.N. standard packaging must be open to inspection by a representative of the Department. (b) The regulations setting forth packaging requirements for a specific material apply to all modes of transportation unless otherwise stated, or unless exceptions from packaging requirements are authorized. (c) Salvage drums. Packages of hazardous materials that are damaged, defective, or leaking; packages found to be not conforming to the requirements of this subchapter after having been placed in transportation; and, hazardous materials that have spilled or leaked may be placed in a metal or plastic removable head salvage drum that is compatible with the lading and shipped for repackaging or disposal under the following conditions: (1) Except as provided in paragraph (c)(7) of this section, the drum must be a UN 1A2, 1B2, 1N2 or 1H2 tested and marked for Packing Group III or higher performance standards for liquids or solids and a leakproofness test of 20 kPa (3 psig). Alternatively, a drum manufactured and marked prior to October 1, 1993 as a salvage drum, in accordance with the provisions of this section in effect on September 30, 1991, is authorized. Capacity of the drum may not exceed 450 L (119 gallons). (2) Each drum shall be provided when necessary with sufficient cushioning and absorption material to prevent excessive shifting of the damaged package and to eliminate the presence of any free liquid at the time the salvage drum is closed. All cushioning and absorbent material used in the drum must be compatible with the hazardous material. (3) Each salvage packaging must be marke… | |||
| 49:49:2.1.1.3.10.1.25.5 | 49 | Transportation | I | C | 173 | PART 173—SHIPPERS—GENERAL REQUIREMENTS FOR SHIPMENTS AND PACKAGINGS | A | Subpart A—General | § 173.4 Small quantities for highway and rail. | PHMSA | [74 FR 2253, Jan. 14, 2009, as amended at 75 FR 5393, Feb. 2, 2010; 76 FR 3368, Jan. 19, 2011; 79 FR 40610, July 11, 2014; 80 FR 72924, Nov. 23, 2015] | (a) When transported domestically by highway or rail in conformance with this section, quantities of Division 2.2 (except aerosols with no subsidiary hazard), Class 3, Division 4.1, Division 4.2 (PG II and III), Division 4.3 (PG II and III), Division 5.1, Division 5.2, Division 6.1, Class 7, Class 8, and Class 9 materials are not subject to any other requirements when— (1) The maximum quantity of material per inner receptacle or article is limited to— (i) Thirty (30) mL (1 ounce) for authorized liquids, other than Division 6.1, Packing Group I, Hazard Zone A or B materials; (ii) Thirty (30) g (1 ounce) for authorized solid materials; (iii) One (1) g (0.04 ounce) for authorized materials meeting the definition of a Division 6.1, Packing Group I, Hazard Zone A or B material; and (iv) [Reserved] (v) Thirty (30) mL water capacity (1.8 cubic inches) for authorized Division 2.2 materials. (2) With the exception of temperature sensing devices, each inner receptacle: (i) Is not liquid-full at 55 °C (131 °F), and (ii) Is constructed of plastic having a minimum thickness of no less than 0.2 mm (0.008 inch), or earthenware, glass, or metal; (3) Each inner receptacle with a removable closure has its closure held securely in place with wire, tape, or other positive means; (4) Unless equivalent cushioning and absorbent material surrounds the inside packaging, each inner receptacle is securely packed in an inside packaging with cushioning and absorbent material that: (i) Will not react chemically with the material, and (ii) Is capable of absorbing the entire contents (if a liquid) of the receptacle; (5) The inside packaging is securely packed in a strong outer packaging; (6) The completed package, as demonstrated by prototype testing, is capable of sustaining— (i) Each of the following free drops made from a height of 1.8 m (5.9 feet) directly onto a solid unyielding surface without breakage or leakage from any inner receptacle and without a substantial reduction in the effectiveness of the package: (A) One dro… | |||
| 49:49:2.1.1.3.10.1.25.6 | 49 | Transportation | I | C | 173 | PART 173—SHIPPERS—GENERAL REQUIREMENTS FOR SHIPMENTS AND PACKAGINGS | A | Subpart A—General | § 173.4a Excepted quantities. | PHMSA | [74 FR 2254, Jan. 14, 2009, as amended at 75 FR 72, Jan. 4, 2010; 76 FR 3368, Jan. 19, 2011; 80 FR 1152, Jan. 8, 2015; 81 FR 35541, June 2, 2016; 82 FR 15874, Mar. 30, 2017; 87 FR 44991, July 26, 2022; 87 FR 79774, Dec. 27, 2022] | (a) Excepted quantities of materials, other than articles (e.g., aerosols), are not subject to requirements of this subchapter except for: (1) The shipper's responsibilities to properly class their material in accordance with § 173.22 of this subchapter; (2) Sections 171.15 and 171.16 of this subchapter pertaining to the reporting of incidents; and (3) For a Class 7 (Radioactive) material the requirements for an excepted package. (4) Packagings for which retention of liquid is a basic function must be capable of withstanding without leakage the pressure differential specified in § 173.27(c) of this part. (b) Authorized materials. Only materials authorized for transport aboard passenger aircraft and appropriately classed within one of the following hazard classes or divisions may be transported in accordance with this section: (1) Division 2.2 material with no subsidiary hazard. An aerosol is not included as authorized Division 2.2 material; (2) Class 3 materials; (3) Class 4 (PG II and III) materials except for self-reactive materials; (4) Division 5.1 (PG II and III); (5) Division 5.2 materials only when contained in a chemical kit, first aid kit or a polyester resin kit; (6) Division 6.1, other than PG I, Hazard Zone A or B material; (7) Class 7, Radioactive material in excepted packages (8) Class 8 (PG II and III), except for UN2803 (Gallium) and UN2809 (Mercury); and (9) Class 9, except for UN1845 (Carbon dioxide, solid or Dry ice), and lithium batteries and cells. (c) Inner packaging limits. The maximum quantity of hazardous materials in each inner packaging is limited to: (1) For toxic material with a Division 6.1 primary or subsidiary hazard, PG I or II— (i) 1 g (0.04 ounce) for solids; or (ii) 1 mL (0.03 ounce) for liquids; (2) 30 g (1 ounce) or 30 mL (1 ounce) for solids or liquids other than those covered in paragraph (c)(1) of this section; and (3) For gases a water capacity of 30 mL (1.8 cubic inches) or less. (d) Outer packaging aggregate quantity limits. The maximum aggreg… | |||
| 49:49:2.1.1.3.10.1.25.7 | 49 | Transportation | I | C | 173 | PART 173—SHIPPERS—GENERAL REQUIREMENTS FOR SHIPMENTS AND PACKAGINGS | A | Subpart A—General | § 173.4b De minimis exceptions. | PHMSA | [74 FR 2255, Jan. 14, 2009, as amended at 75 FR 5393, Feb. 2, 2010; 76 FR 3368, Jan. 19, 2011; 78 FR 1073, Jan. 7, 2013; 89 FR 15665, Mar. 4, 2024; 89 FR 25476, Apr. 10, 2024] | (a) When packaged in accordance with this section, the following materials do not meet the definition of a hazardous material in § 171.8 of this subchapter and, therefore, are not subject to the requirements of this subchapter: Packing Group I materials of hazard Division 6.1 (no inhalation hazard), and Packing Group II and III materials of hazard Class 3, Division 4.1, Division 4.2, Division 4.3, Division 5.1, Division 6.1, Class 8, and Class 9. (1) The maximum quantity of material per inner receptacle or article is limited to— (i) One (1) mL (0.03 ounce) for authorized liquids; and (ii) One (1) g (0.04 ounce) for authorized solid materials; (2) Each inner receptacle with a removable closure has its closure held securely in place with wire, tape, or other positive means; (3) Unless equivalent cushioning and absorbent material surrounds the inside packaging, each inner receptacle is securely packed in an inside packaging with cushioning and absorbent material that: (i) Will not react chemically with the material, and (ii) Is capable of absorbing the entire contents (if a liquid) of the receptacle; (4) The inside packaging is securely packed in a strong outer packaging; (5) The completed package is capable of sustaining— (i) Each of the following free drops made from a height of 1.8 m (5.9 feet) directly onto a solid unyielding surface without breakage or leakage from any inner receptacle and without a substantial reduction in the effectiveness of the package: (A) One drop flat on bottom; (B) One drop flat on top; (C) One drop flat on the long side; (D) One drop flat on the short side; and (E) One drop on a corner at the junction of three intersecting edges; and (ii) A compressive load as specified in § 178.606(c) of this subchapter. Each of the tests in this paragraph (a)(5) may be performed on a different but identical package; that is, all tests need not be performed on the same package. (6) Placement of the material in the package or packing different materials in the package does not result i… | |||
| 49:49:2.1.1.3.10.1.25.8 | 49 | Transportation | I | C | 173 | PART 173—SHIPPERS—GENERAL REQUIREMENTS FOR SHIPMENTS AND PACKAGINGS | A | Subpart A—General | § 173.5 Agricultural operations. | PHMSA | [Amdt. 173-259, 62 FR 1215, Jan. 8, 1997, as amended by Amdt. 173-262, 62 FR 49566, Sept. 22, 1997; Amdt. 173-259, 63 FR 8142, Feb. 18, 1998; 65 FR 50460, Aug. 18, 2000; 70 FR 73165, Dec. 9, 2005; 73 FR 4717, Jan. 28, 2008; 76 FR 5491, Feb. 1, 2011] | (a) For other than a Class 2 material, the transportation of an agricultural product over local roads between fields of the same farm is excepted from the requirements of this subchapter. A Class 2 material transported over local roads between fields of the same farm is excepted from subparts G and H of part 172 of this subchapter. In either instance, transportation of the hazardous material is subject to the following conditions: (1) It is transported by a farmer who is an intrastate private motor carrier; and (2) The movement of the agricultural product conforms to requirements of the State in which it is transported and is specifically authorized by a State statute or regulation in effect before October 1, 1998. (b) The transportation of an agricultural product to or from a farm, within 150 miles of the farm, is excepted from the requirements in subparts G and H of part 172 of this subchapter and from the specific packaging requirements of this subchapter when: (1) It is transported by a farmer who is an intrastate private motor carrier; (2) The total amount of agricultural product being transported on a single motor vehicle does not exceed: (i) 7,300 kg (16,094 lbs.) of ammonium nitrate fertilizer properly classed as Division 5.1, PG III, in a bulk packaging, or (ii) 1900 L (502 gallons) for liquids or gases, or 2,300 kg (5,070 lbs.) for solids, of any other agricultural product; (3) The movement and packaging of the agricultural product conform to the requirements of the State in which it is transported and are specifically authorized by a State statute or regulation in effect before October 1, 1998; and (4) Each person having any responsibility for transporting the agricultural product or preparing the agricultural product for shipment has been instructed in the applicable requirements of this subchapter. (c) Formulated liquid agricultural products in specification packagings of 220 L (58 gallons) capacity, or less, with closures manifolded to a closed mixing system and equipped with positive dry … | |||
| 49:49:2.1.1.3.10.1.25.9 | 49 | Transportation | I | C | 173 | PART 173—SHIPPERS—GENERAL REQUIREMENTS FOR SHIPMENTS AND PACKAGINGS | A | Subpart A—General | § 173.5a Oilfield service vehicles, mechanical displacement meter provers, and roadway striping vehicles exceptions. | PHMSA | [70 FR 3308, Jan. 24, 2005, as amended at 75 FR 27213, May 14, 2010; 76 FR 5492, Feb. 1, 2011; 83 FR 55807, Nov. 7, 2018] | (a) Oilfield service vehicles. Notwithstanding § 173.29 of this subchapter, a cargo tank motor vehicle used in oilfield servicing operations is not subject to the specification requirements of this subchapter provided— (1) The cargo tank and equipment contains only residual amounts ( i.e. , it is emptied so far as practicable) of a flammable liquid alone or in combination with water, (2) No flame producing device is operated during transportation, and (3) The proper shipping name is preceded by “RESIDUE: LAST CONTAINED * * * ” on the shipping paper for each movement on a public highway. (b) Mechanical displacement meter provers. (1) A mechanical displacement meter prover, as defined in § 171.8 of this subchapter, permanently mounted on a truck chassis or trailer and transported by motor vehicle is excepted from the specification packaging requirements in part 178 of this subchapter provided it— (i) Contains only the residue of a Division 2.1 (flammable gas) or Class 3 (flammable liquid) material. For liquids, the meter prover must be drained to not exceed 10% of its capacity or, to the extent that draining of the meter prover is impracticable, to the maximum extent practicable. For gases, the meter prover must not exceed 25% of the marked pressure rating; (ii) Has a water capacity of 3,785 L (1,000 gallons) or less; (iii) Is designed and constructed in accordance with chapters II, III, IV, V and VI of ASME Standard B31.4 (IBR, see § 171.7 of this subchapter); (iv) Is marked with the MAWP determined from the pipe component with the lowest pressure rating; and (v) Is equipped with rear-end protection as prescribed in § 178.337-10(c) of this subchapter and 49 CFR 393.86 of the Federal Motor Carrier Safety Regulations. (2) The description on the shipping paper for a meter prover containing the residue of a hazardous material must include the phrase “RESIDUE: LAST CONTAINED * * * ” before the basic description. (3) Periodic test and inspection. (i) Each meter prover must be externally visually inspect… | |||
| 49:49:2.1.1.3.10.2.25.1 | 49 | Transportation | I | C | 173 | PART 173—SHIPPERS—GENERAL REQUIREMENTS FOR SHIPMENTS AND PACKAGINGS | B | Subpart B—Preparation of Hazardous Materials for Transportation | § 173.21 Forbidden materials and packages. | PHMSA | [Amdt. 173-224, 55 FR 52609, Dec. 21, 1990] | Unless otherwise provided in this subchapter, the offering for transportation or transportation of the following is forbidden: (a) Materials that are designated “Forbidden” in Column 3 of the § 172.101 table. (b) Forbidden explosives as defined in § 173.54 of this part. (c) Electrical devices, such as batteries and battery-powered devices, which are likely to create sparks or generate a dangerous evolution of heat, unless packaged in a manner which precludes such an occurrence. (d) For carriage by aircraft, any package which has a magnetic field of more than 0.00525 gauss measured at 4.5 m (15 feet) from any surface of the package. (e) A material in the same packaging, freight container, or overpack with another material, the mixing of which is likely to cause a dangerous evolution of heat, or flammable or poisonous gases or vapors, or to produce corrosive materials. (f) A package containing a material which is likely to decompose with a self-accelerated decomposition temperature (SADT) or polymerize with a self-accelerated polymerization temperature (SAPT) of 50 °C (122 °F) or less, or 45 °C (113 °F) or less when offered for transportation in portable tanks, with an evolution of a dangerous quantity of heat or gas when decomposing or polymerizing, unless the material is stabilized or inhibited in a manner to preclude such evolution. For organic peroxides, see paragraph (f)(2) of this section. The SADT and SAPT may be determined by any of the test methods described in Part II of the UN Manual of Tests and Criteria (IBR, see § 171.7 of this subchapter). (1) A package meeting the criteria of paragraph (f) of this section may be required to be shipped under controlled temperature conditions. The control temperature and emergency temperature for a package shall be as specified in Table 1 in this paragraph based upon the SADT or SAPT of the material. The control temperature is the temperature above which a package of the material may not be offered for transportation or transported. The emergency temperature … | |||
| 49:49:2.1.1.3.10.2.25.10 | 49 | Transportation | I | C | 173 | PART 173—SHIPPERS—GENERAL REQUIREMENTS FOR SHIPMENTS AND PACKAGINGS | B | Subpart B—Preparation of Hazardous Materials for Transportation | § 173.27 General requirements for transportation by aircraft. | PHMSA | [Amdt. 173-224, 55 FR 52612, Dec. 21, 1990] | (a) The requirements of this section are in addition to requirements prescribed elsewhere under this part and apply to packages offered or intended for transportation aboard aircraft. Except for materials not subject to performance packaging requirements in subpart E of this part, a packaging containing a Packing Group III material with a primary or subsidiary risk of Division 4.1, 4.2, 4.3, 5.1, or Class 8 must meet the Packing Group II performance level when offered for transportation by aircraft. (b) Packages authorized onboard aircraft. (1) When Column 9a of the § 172.101 table indicates that a material is “Forbidden”, that material may not be offered for transportation or transported aboard passenger-carrying aircraft. (2) When Column 9b of the § 172.101 table indicates that a material is “Forbidden”, that material may not be offered for transportation or transported aboard aircraft. (3) The maximum quantity of hazardous material in a package that may be offered for transportation or transported aboard a passenger-carrying aircraft or cargo aircraft may not exceed that quantity prescribed for the material in Column 9a or 9b, respectively, of the § 172.101 table. (4) A package containing a hazardous material which is authorized aboard cargo aircraft but not aboard passenger aircraft must be labeled with the CARGO AIRCRAFT ONLY label required by § 172.402(c) of this subchapter and may not be offered for transportation or transported aboard passenger-carrying aircraft. (c) Pressure requirements. (1) Packagings must be designed and constructed to prevent leakage that may be caused by changes in altitude and temperature during transportation aboard aircraft. (2) Except for packagings used for material transported as “UN3082, Environmentally hazardous substance, liquid, n.o.s.,” packagings for which retention of liquid is a basic function must be capable of withstanding without leakage the greater of— (i) An internal pressure which produces a gauge pressure of not less than 75 kPa (11 psig) for liquids … | |||
| 49:49:2.1.1.3.10.2.25.11 | 49 | Transportation | I | C | 173 | PART 173—SHIPPERS—GENERAL REQUIREMENTS FOR SHIPMENTS AND PACKAGINGS | B | Subpart B—Preparation of Hazardous Materials for Transportation | § 173.28 Reuse, reconditioning and remanufacture of packagings. | PHMSA | [Amdt. 173-224, 55 FR 52614, Dec. 21, 1990] | (a) General. Packagings and receptacles used more than once must be in such condition, including closure devices and cushioning materials, that they conform in all respects to the prescribed requirements of this subchapter. Before reuse, each packaging must be inspected and may not be reused unless free from incompatible residue, rupture, or other damage which reduces its structural integrity. Packagings not meeting the minimum thickness requirements prescribed in paragraph (b)(4)(i) of this section may not be reused or reconditioned for reuse. (b) Reuse of non-bulk packaging. A non-bulk packaging used more than once must conform to the following provisions and limitations: (1) A non-bulk packaging which, upon inspection, shows evidence of a reduction in integrity may not be reused unless it is reconditioned in accordance with paragraph (c) of this section. (2) Before reuse, packagings subject to the leakproofness test with air prescribed in § 178.604 of this subchapter shall be— (i) Retested without failure in accordance with § 178.604 of this subchapter using an internal air pressure (gauge) of at least 48 kPa (7.0 psig) for Packing Group I and 20 kPa (3.0 psig) for Packing Group II and Packing Group III; and (ii) Marked with the letter “L”, with the name and address or symbol of the person conducting the test, and the last two digits of the year the test was conducted. Symbols, if used, must be registered with the Associate Administrator. (3) Packagings made of paper (other than fiberboard), plastic film, or textile are not authorized for reuse; (4) Metal and plastic drums and jerricans used as single packagings or the outer packagings of composite packagings are authorized for reuse only when they are marked in a permanent manner (e.g., embossed) in mm with the nominal (for metal packagings) or minimum (for plastic packagings) thickness of the packaging material, as required by § 178.503(a)(9) of this subchapter, and— (i) Except as provided in paragraph (b)(4)(ii) of this section, conform to the f… | |||
| 49:49:2.1.1.3.10.2.25.12 | 49 | Transportation | I | C | 173 | PART 173—SHIPPERS—GENERAL REQUIREMENTS FOR SHIPMENTS AND PACKAGINGS | B | Subpart B—Preparation of Hazardous Materials for Transportation | § 173.29 Empty packagings. | PHMSA | [Amdt. 173-224, 55 FR 52614, Dec. 21, 1990, as amended by Amdt. 173-227, 56 FR 49989, Oct. 2, 1991; Amdt. 173-231, 57 FR 52939, Nov. 5, 1992; Amdt. 173-251, 61 FR 28676, June 5, 1996; Amdt. 173-260, 62 FR 1236, Jan. 8, 1997; 64 FR 10776, Mar. 5, 1999; 68 FR 48569, Aug. 14, 2003; 69 FR 64473, Nov. 4, 2004; 75 FR 72, Jan. 4, 2010; 81 FR 3672, Jan. 21, 2016; 87 FR 79776, Dec. 27, 2022] | (a) General. Except as otherwise provided in this section, an empty packaging containing only the residue of a hazardous material shall be offered for transportation and transported in the same manner as when it previously contained a greater quantity of that hazardous material. (b) Notwithstanding the requirements of paragraph (a) of this section, an empty packaging is not subject to any other requirements of this subchapter if it conforms to the following provisions: (1) Any hazardous material shipping name and identification number markings, any hazard warning labels or placards, and any other markings indicating that the material is hazardous (e.g., RQ, INHALATION HAZARD) are removed, obliterated, or securely covered in transportation. This provision does not apply to transportation in a transport vehicle or a freight container if the packaging is not visible in transportation and the packaging is loaded by the shipper and unloaded by the shipper or consignee; (2) The packaging— (i) Is unused; (ii) Is sufficiently cleaned of residue and purged of vapors to remove any potential hazard; (iii) Is refilled with a material which is not hazardous to such an extent that any residue remaining in the packaging no longer poses a hazard; or (iv) Contains only the residue of— (A) A limited quantity material; or (B) A Division 2.2 non-flammable gas, other than ammonia, anhydrous, and with no subsidiary hazard, at a gauge pressure less than 200 kPa (29.0 psig); at 20 °C (68 °F); and (3) Any material contained in the packaging does not meet the definitions in § 171.8 of this subchapter for a hazardous substance, a hazardous waste, or a marine pollutant. (c) A non-bulk packaging containing only the residue of a hazardous material covered by Table 2 of § 172.504 of this subchapter that is not a material poisonous by inhalation or its residue shipped under the subsidiary placarding provisions of § 172.505— (1) Does not have to be included in determining the applicability of the placarding requirements of subpart … | |||
| 49:49:2.1.1.3.10.2.25.13 | 49 | Transportation | I | C | 173 | PART 173—SHIPPERS—GENERAL REQUIREMENTS FOR SHIPMENTS AND PACKAGINGS | B | Subpart B—Preparation of Hazardous Materials for Transportation | § 173.30 Loading and unloading of transport vehicles. | PHMSA | [68 FR 61941, Oct. 30, 2003] | A person who is subject to the loading and unloading regulations in this subchapter must load or unload hazardous materials into or from a transport vehicle or vessel in conformance with the applicable loading and unloading requirements of parts 174, 175, 176, and 177 of this subchapter. | |||
| 49:49:2.1.1.3.10.2.25.14 | 49 | Transportation | I | C | 173 | PART 173—SHIPPERS—GENERAL REQUIREMENTS FOR SHIPMENTS AND PACKAGINGS | B | Subpart B—Preparation of Hazardous Materials for Transportation | § 173.31 Use of tank cars. | PHMSA | [Amdt. 173-245, 60 FR 49072, Sept. 21, 1995] | (a) General. (1) No person may offer a hazardous material for transportation in a tank car unless the tank car meets the applicable specification and packaging requirements of this subchapter or, when this subchapter authorizes the use of a non-DOT specification tank car, the applicable specification to which the tank was constructed. (2) Tank cars and appurtenances may be used for the transportation of any commodity for which they are authorized in this part and specified on the certificate of construction (AAR Form 4-2 or by addendum on Form R-1). See § 179.5 of this subchapter. Transfer of a tank car from one specified service on its certificate of construction to another may be made only by the owner or with the owner's authorization. A tank car proposed for a commodity service other than specified on its certificate of construction must be approved for such service by the AAR's Tank Car Committee. (3) No person may fill a tank car overdue for periodic inspection with a hazardous material and then offer it for transportation. Any tank car marked as meeting a DOT specification and any non-specification tank car transporting a hazardous material must have a periodic inspection and test conforming to subpart F of part 180 of this subchapter. (4) No railroad tank car, regardless of its construction date, may be used for the transportation in commerce of any hazardous material unless the air brake equipment support attachments of such tank car conform to the standards for attachments set forth in §§ 179.100-16 and 179.200-19 of this subchapter. (5) No railroad tank car, regardless of its construction date, may be used for the transportation in commerce of any hazardous material with a self-energized manway located below the liquid level of the lading. (6) Unless otherwise specifically provided in this part: (i) When the tank car delimiter is an “A,” offerors may also use tank cars with a delimiter “S,” “J” or “T”. (ii) When the tank car delimiter is an “S,” offerors may also use tank cars with a delimiter… | |||
| 49:49:2.1.1.3.10.2.25.15 | 49 | Transportation | I | C | 173 | PART 173—SHIPPERS—GENERAL REQUIREMENTS FOR SHIPMENTS AND PACKAGINGS | B | Subpart B—Preparation of Hazardous Materials for Transportation | § 173.32 Requirements for the use of portable tanks. | PHMSA | [66 FR 33427, June 21, 2001, as amended at 67 FR 15743, Apr. 3, 2002; 68 FR 32413, May 30, 2003; 68 FR 57632, Oct. 6, 2003; 68 FR 75742, 75743, Dec. 31, 2003; 69 FR 54046, Sept. 7, 2004; 72 FR 25176, May 3, 2007; 76 FR 81400, Dec. 28, 2011] | (a) General requirements. No person may offer a hazardous material for transportation in a portable tank except as authorized by this subchapter. (1) Except as otherwise provided in this subpart, no person may use a portable tank for the transportation of a hazardous material unless it meets the requirements of this subchapter. (2) No person may fill and offer for transportation a portable tank when the prescribed periodic test or inspection under subpart G of part 180 of this subchapter has become due until the test or inspection has been successfully completed. This requirement does not apply to any portable tank filled prior to the test or inspection due date. (3) When a portable tank is used as a cargo tank motor vehicle, it must conform to all the requirements prescribed for cargo tank motor vehicles. (See § 173.33.) (b) Substitute packagings. A particular Specification portable tank may be substituted for another portable tank as follows: (1) An IM or UN portable tank may be used whenever an IM or UN portable tank having less stringent requirements is authorized provided the portable tank meets or exceeds the requirements for pressure-relief devices, bottom outlets and any other special provisions specified in § 172.102(c)(7)(vi) of this subchapter. (2) Where a Specification IM101 or IM102 portable tank is prescribed, a UN portable tank or Specification 51 portable tank otherwise conforming to the special commodity requirements of § 172.102(c)(7) of this subchapter for the material to be transported may be used. (3) A DOT Specification 51 portable tank may be used whenever a DOT Specification 56, 57, or 60 portable tank is authorized. A DOT Specification 60 portable tank may be used whenever a DOT Specification 56 or 57 portable tank is authorized. A higher integrity tank used instead of a specified portable tank must meet the same design profile; for example, a DOT Specification 51 portable tank must be lined if used instead of a lined DOT Specification 60 portable tank. (4) A portable tank aut… | |||
| 49:49:2.1.1.3.10.2.25.16 | 49 | Transportation | I | C | 173 | PART 173—SHIPPERS—GENERAL REQUIREMENTS FOR SHIPMENTS AND PACKAGINGS | B | Subpart B—Preparation of Hazardous Materials for Transportation | § 173.33 Hazardous materials in cargo tank motor vehicles. | PHMSA | [Amdt. 173-212, 54 FR 25005, June 12, 1989] | (a) General requirements. (1) No person may offer or accept a hazardous material for transportation in a cargo tank motor vehicle except as authorized by this subchapter. (2) Two or more materials may not be loaded or accepted for transportation in the same cargo tank motor vehicle if, as a result of any mixture of the materials, an unsafe condition would occur, such as an explosion, fire, excessive increase in pressure or heat, or the release of toxic vapors. (3) No person may fill and offer for transportation a specification cargo tank motor vehicle for which the prescribed periodic retest or reinspection under subpart E of part 180 of this subchapter is past due until the retest or inspection has been successfully completed. This requirement does not apply to a cargo tank supplied by a motor carrier who is other than the person offering the hazardous material for transportation (see § 180.407(a)(1) of this subchapter), or to any cargo tank filled prior to the retest or inspection due date. (b) Loading requirements. (1) A hazardous material may not be loaded in a cargo tank if during transportation any part of the tank in contact with the hazardous material lading would have a dangerous reaction with the hazardous material. (2) A cargo tank may not be loaded with a hazardous material that will have an adverse effect on the tank's integrity or— (i) May combine chemically with any residue or contaminants in the tank to produce an explosion, fire, excessive increase in pressure, release of toxic vapors or other unsafe condition. (ii)-(iii) [Reserved] (iv) May severely corrode or react with the tank material at any concentration and temperature that will exist during transportation. (v) Is prohibited by § 173.21 or § 173.24 of this subchapter. (3) Air pressure in excess of ambient atmospheric pressure may not be used to load or unload any lading which may create an air-enriched mixture within the flammability range of the lading in the vapor space of the tank. (4) To prevent cargo tank rupture in a lo… | |||
| 49:49:2.1.1.3.10.2.25.17 | 49 | Transportation | I | C | 173 | PART 173—SHIPPERS—GENERAL REQUIREMENTS FOR SHIPMENTS AND PACKAGINGS | B | Subpart B—Preparation of Hazardous Materials for Transportation | § 173.34 [Reserved] | PHMSA | |||||
| 49:49:2.1.1.3.10.2.25.18 | 49 | Transportation | I | C | 173 | PART 173—SHIPPERS—GENERAL REQUIREMENTS FOR SHIPMENTS AND PACKAGINGS | B | Subpart B—Preparation of Hazardous Materials for Transportation | § 173.35 Hazardous materials in IBCs. | PHMSA | [Amdt. 173-238, 59 FR 38064, July 26, 1994, as amended by Amdt. 173-243, 60 FR 40038, Aug. 4, 1995; 64 FR 10777, Mar. 5, 1999; 66 FR 45380, 45381, Aug. 28, 2001; 68 FR 48569, Aug. 14, 2003; 71 FR 78631, Dec. 29, 2006; 75 FR 5393, Feb. 2, 2010; 77 FR 60942, Oct. 5, 2012] | (a) No person may offer or accept a hazardous material for transportation in an IBC except as authorized by this subchapter. Each IBC used for the transportation of hazardous materials must conform to the requirements of its specification and regulations for the transportation of the particular commodity. A specification IBC, for which the prescribed periodic retest or inspection under subpart D of part 180 of this subchapter is past due, may not be filled and offered for transportation until the retest or inspection have been successfully completed. This requirement does not apply to any IBC filled prior to the retest or inspection due date. (b) Initial use and reuse of IBCs. (Also see § 180.352 of this subchapter.) An IBC other than a multiwall paper IBC (13M1 and 13M2) may be reused. If an inner liner is required, the inner liner must be replaced before each reuse. Before an IBC is filled and offered for transportation, the IBC and its service equipment must be given an external visual inspection, by the person filling the IBC, to ensure that: (1) The IBC is free from corrosion, contamination, cracks, cuts, or other damage which would render it unable to pass the prescribed design type test to which it is certified and marked; and (2) The IBC is marked in accordance with requirements in § 178.703 of this subchapter. Additional marking allowed for each design type may be present. Required markings that are missing, damaged or difficult to read must be restored or returned to original condition. (c) A metal IBC, or a part thereof, subject to thinning by mechanical abrasion or corrosion due to the lading, must be protected by providing a suitable increase in thickness of material, a lining or some other suitable method of protection. Increased thickness for corrosion or abrasion protection must be added to the wall thickness specified in § 178.705(c)(1)(iv) of this subchapter. (d) Notwithstanding requirements in § 173.24b of this subpart, when filling an IBC with liquids, sufficient ullage must be left to … | |||
| 49:49:2.1.1.3.10.2.25.19 | 49 | Transportation | I | C | 173 | PART 173—SHIPPERS—GENERAL REQUIREMENTS FOR SHIPMENTS AND PACKAGINGS | B | Subpart B—Preparation of Hazardous Materials for Transportation | § 173.36 Hazardous materials in Large Packagings. | PHMSA | [75 FR 5393, Feb. 2, 2010, as amended at 87 FR 79776, Dec. 27, 2022] | (a) No person may offer or accept a hazardous material for transportation in a Large Packaging except as authorized by this subchapter. Except as otherwise provided in this subchapter, no Large Packaging may be filled with a Packing Group I or II material. Each Large Packaging used for the transportation of hazardous materials must conform to the requirements of its specification and regulations for the transportation of the particular commodity. (b) Packaging design —(1) Inner packaging closures. A Large Packaging containing liquid hazardous materials must be packed so that closures on inner packagings are upright. (2) Flexible Large Packagings. Flexible Large Packagings ( e.g., 51H) are only authorized for use with flexible inner packagings. (3) Friction. The nature and thickness of the outer packaging must be such that friction during transportation is not likely to generate an amount of heat sufficient to dangerously alter the chemical stability of the contents. (4) Securing and cushioning. Inner packagings of Large Packagings must be packed, secured and cushioned to prevent their breakage or leakage and to control their shifting within the outer packaging under conditions normally incident to transportation. Cushioning material must not be capable of reacting dangerously with the contents of the inner packagings or having its protective properties significantly weakened in the event of leakage. (5) Metallic devices. Nails, staples and other metallic devices must not protrude into the interior of the outer packaging in such a manner as to be likely to damage inner packagings or receptacles. (c) Initial use and reuse of Large Packagings. A Large Packaging may be reused. If an inner packaging is constructed of paper or flexible plastic, the inner packaging must be replaced before each reuse. Before a Large Packaging is filled and offered for transportation, the Large Packaging must be given an external visual inspection, by the person filling the Large Packaging, to ensure: (1) The Large Pa… | |||
| 49:49:2.1.1.3.10.2.25.2 | 49 | Transportation | I | C | 173 | PART 173—SHIPPERS—GENERAL REQUIREMENTS FOR SHIPMENTS AND PACKAGINGS | B | Subpart B—Preparation of Hazardous Materials for Transportation | § 173.22 Shipper's responsibility. | PHMSA | [Amdt. 173-100, 42 FR 2689, Jan. 13, 1977] | (a) Except as otherwise provided in this part, a person may offer a hazardous material for transportation in a packaging or container required by this part only in accordance with the following: (1) The person shall class and describe the hazardous material in accordance with parts 172 and 173 of this subchapter, and (2) The person shall determine that the packaging or container is an authorized packaging, including part 173 requirements, and that it has been manufactured, assembled, and marked in accordance with: (i) Section 173.7(a) and parts 173, 178, or 179 of this subchapter; (ii) A specification of the Department in effect at the date of manufacture of the packaging or container; (iii) National or international regulations based on the UN Recommendations (IBR, see § 171.7 of this subchapter), as authorized in § 173.24(d)(2); (iv) An approval issued under this subchapter; or (v) An exemption or special permit issued under subchapter A of this chapter. (3) In making the determination under paragraph (a)(2) of this section, the person may accept: (i) Except for the marking on the bottom of a metal or plastic drum with a capacity over 100 L which has been reconditioned, remanufactured or otherwise converted, the manufacturer's certification, specification, approval, or exemption or special permit marking (see §§ 178.2 and 179.1 of this subchapter); or (ii) With respect to cargo tanks provided by a carrier, the manufacturer's identification plate or a written certification of specification or exemption or special permit provided by the carrier. (4)(i) For a DOT Specification or UN standard packaging subject to the requirements of part 178 of this subchapter, a person must perform all functions necessary to bring the package into compliance with parts 173 and 178 of this subchapter, as identified by the packaging manufacturer or subsequent distributor (for example, applying closures consistent with the manufacturer's closure instructions) in accordance with § 178.2 of this subchapter. (ii) For other t… | |||
| 49:49:2.1.1.3.10.2.25.20 | 49 | Transportation | I | C | 173 | PART 173—SHIPPERS—GENERAL REQUIREMENTS FOR SHIPMENTS AND PACKAGINGS | B | Subpart B—Preparation of Hazardous Materials for Transportation | § 173.37 Hazardous Materials in Flexible Bulk Containers. | PHMSA | [78 FR 1073, Jan. 7, 2013] | (a) No person may offer or accept a hazardous material for transportation in a Flexible Bulk Container except as authorized by this subchapter. Each Flexible Bulk Container used for the transportation of hazardous materials must conform to the requirements of its specification and regulations for the transportation of the particular commodity. (b) Initial use and reuse of Flexible Bulk Containers. A Flexible Bulk Container may be reused. Before a Flexible Bulk Container is filled and offered for transportation, the Flexible Bulk Container must be given an external visual inspection by the person filling the Flexible Bulk Container to ensure: (1) The Flexible Bulk Container is free from corrosion, contamination, cracks, cuts, or other damage that would render it unable to pass the prescribed design type test to which it is certified and marked; and (2) The Flexible Bulk Container is marked in accordance with requirements in § 178.1010 of this subchapter. Required markings that are missing, damaged or difficult to read must be restored or returned to original condition. (3) The following components must be examined to determine structural serviceability: (i) Textile slings; (ii) Load-bearing structure straps; (iii) Body fabric; and (iv) Lock device parts including metal and textile parts are free from protrusions or damage. (4) The use of Flexible Bulk Containers for the transport of hazardous materials is permitted for a period not to exceed two years from the date of manufacture of the Flexible Bulk Container. (c) During transportation— (1) No hazardous material may remain on the outside of the Flexible Bulk Container; and (2) Each Flexible Bulk Container must be securely fastened to or contained within the transport unit. (3) If restraints such as banding or straps are used, these straps must not be over-tightened to an extent that causes damage or deformation to the Flexible Bulk Container. (4) Flexible Bulk Containers must be transported in a conveyance with rigid sides and ends that extend at … | |||
| 49:49:2.1.1.3.10.2.25.21 | 49 | Transportation | I | C | 173 | PART 173—SHIPPERS—GENERAL REQUIREMENTS FOR SHIPMENTS AND PACKAGINGS | B | Subpart B—Preparation of Hazardous Materials for Transportation | § 173.40 General packaging requirements for toxic materials packaged in cylinders. | PHMSA | [67 FR 51642, Aug. 8, 2002, as amended at 67 FR 61289, Sept. 30, 2002; 68 FR 24660, May 8, 2003; 71 FR 33880, June 12, 2006; 76 FR 3371, Jan. 19, 2011; 81 FR 3672, Jan. 21, 2016; 82 FR 15876, Mar. 30, 2017] | When this section is referenced for a Hazard Zone A or B hazardous material elsewhere in this subchapter, the requirements in this section are applicable to cylinders used for that material. (a) Authorized cylinders. (1) A cylinder must conform to a DOT specification or UN standard prescribed in subpart C of part 178 of this subchapter, or a TC, CTC, CRC, or BTC cylinder authorized in § 171.12 of this subchapter, except that acetylene cylinders and non-refillable cylinders are not authorized. The use of UN tubes and MEGCs is prohibited for Hazard Zone A materials. (2) The use of a specification 3AL cylinder made of aluminum alloy 6351-T6 is prohibited for a Division 2.3 Hazard Zone A material or a Division 6.1 Hazard Zone A material. (3) A UN composite cylinder certified to ISO-11119-3 is not authorized for a Division 2.3 Hazard Zone A or B material. (4) For UN seamless cylinders used for Hazard Zone A materials, the maximum water capacity is 85 L. (b) Outage and pressure requirements. For DOT specification cylinders, the pressure at 55 °C (131 °F) of Hazard Zone A and Hazard Zone B materials may not exceed the service pressure of the cylinder. Sufficient outage must be provided so that the cylinder will not be liquid full at 55 °C (131 °F). (c) Closures. Each cylinder containing a Hazard Zone A material must be closed with a plug or valve conforming to the following: (1) Each plug or valve must have a taper-threaded connection directly to the cylinder and be capable of withstanding the test pressure of the cylinder without damage or leakage. For UN pressure receptacles, each valve must be capable of withstanding the test pressure of the pressure receptacle and be connected directly to the pressure receptacle by either a taper thread or other means which meets the requirements of ISO 10692-2: (IBR, see § 171.7 of this subchapter). (2) Each valve must be of the packless type with non-perforated diaphragm, except that, for corrosive materials, a valve may be of the packed type with an assembly made … | |||
| 49:49:2.1.1.3.10.2.25.22 | 49 | Transportation | I | C | 173 | PART 173—SHIPPERS—GENERAL REQUIREMENTS FOR SHIPMENTS AND PACKAGINGS | B | Subpart B—Preparation of Hazardous Materials for Transportation | § 173.41 Sampling and testing program for unrefined petroleum-based products. | PHMSA | [80 FR 26746, May 8, 2015] | (a) General. Unrefined petroleum-based products offered for transportation must be properly classed and described as prescribed in § 173.22, in accordance with a sampling and testing program, which specifies at a minimum: (1) A frequency of sampling and testing that accounts for any appreciable variability of the material ( e.g., history, temperature, method of extraction [including chemical use], location of extraction, time of year, length of time between shipments); (2) Sampling prior to the initial offering of the material for transportation and when changes that may affect the properties of the material occur ( i.e., mixing of the material from multiple sources, or further processing and then subsequent transportation); (3) Sampling methods that ensure a representative sample of the entire mixture, as offered, is collected; (4) Testing methods that enable classification of the material under the HMR; (5) Quality control measures for sample frequencies; (6) Duplicate sampling methods or equivalent measures for quality assurance; (7) Criteria for modifying the sampling and testing program; and (8) Testing or other appropriate methods used to identify properties of the mixture relevant to packaging requirements ( e.g., compatibility with packaging, identifying specific gravity for filling packages). (b) Certification. Each person who offers a hazardous material for transportation shall certify, as prescribed by § 172.204 of this subchapter, that the material is offered for transportation in accordance with this subchapter, including the requirements prescribed by paragraph (a) of this section. (c) Documentation, retention, review, and dissemination of program. The sampling and testing program must be documented in writing ( i.e. hardcopy or electronic file thereof) and must be retained for as long as the sampling and testing program remains in effect, or a minimum of one year. The sampling and testing program must be reviewed at least annually and revised and/or updated as necessary to refle… | |||
| 49:49:2.1.1.3.10.2.25.3 | 49 | Transportation | I | C | 173 | PART 173—SHIPPERS—GENERAL REQUIREMENTS FOR SHIPMENTS AND PACKAGINGS | B | Subpart B—Preparation of Hazardous Materials for Transportation | § 173.22a Use of packagings authorized under special permits. | PHMSA | [70 FR 73165, Dec. 9, 2005, as amended at 72 FR 55692, Oct. 1, 2007; 76 FR 56315, Sept. 13, 2011] | (a) Except as provided in paragraph (b) of this section, no person may offer a hazardous material for transportation in a packaging the use of which is dependent upon an exemption or special permit issued under subpart B of part 107 of this title, unless that person is the holder of or a party to the exemption or special permit. (b) If an exemption or special permit authorizes the use of a packaging for the transportation of a hazardous material by any person or class of persons other than or in addition to the holder of the exemption or special permit, that person or a member of that class of persons may use the packaging for the purposes authorized in the exemption or special permit subject to the terms specified therein. Copies of exemptions and special permits may be obtained by accessing the Hazardous Materials Safety Web site at http://www.phmsa.dot.gov/hazmat/regs/sp-a” or by writing to the Associate Administrator for Hazardous Materials Safety, U.S. Department of Transportation, East Building, 1200 New Jersey Avenue, SE., Washington, DC 20590-0001, Attention: Records Center. (c) When an exemption or special permit issued to a person who offers a hazardous material contains requirements that apply to a carrier of the hazardous material, the offeror shall furnish a copy of the current exemption or special permit to the carrier before or at the time a shipment is tendered. | |||
| 49:49:2.1.1.3.10.2.25.4 | 49 | Transportation | I | C | 173 | PART 173—SHIPPERS—GENERAL REQUIREMENTS FOR SHIPMENTS AND PACKAGINGS | B | Subpart B—Preparation of Hazardous Materials for Transportation | § 173.23 Previously authorized packaging. | PHMSA | [Amdt. 173-3, 33 FR 14921, Oct. 4, 1968] | (a) When the regulations specify a packaging with a specification marking prefix of “DOT,” a packaging marked prior to January 1, 1970, with the prefix of “ICC” may be used in its place if the packaging otherwise conforms to applicable specification requirements. (b) [Reserved] (c) After July 2, 1982, a seamless aluminum cylinder manufactured in conformance with and for use under DOT special permit (SP) or exemption (E) 6498, 7042, 8107, 8364 or 8422 may be continued in use if marked before or at the time of the next retest with either the specification identification “3AL” immediately above the special permit or exemption number, or the DOT mark (e.g., DOT 3AL 1800) in proximity to the special permit or exemption marking. (d) Cylinders (spheres) manufactured and marked under DOT special permit (SP) or exemption (E) 6616 prior to January 1, 1983, may be continued in use if marked before or at the time of the next retest with the specification identification “4BA” near the special permit or exemption marking. (e) After October 1, 1984, cylinders manufactured for use under special permit (SP) or exemption (E) 6668 or 8404 may be continued in use, and must be marked “DOT-4LXXXYY” (XXX to be replaced by the service pressure, YY to be replaced by the letters “AL”, if applicable) in compliance with Specification 4L (§ 178.57 of this subchapter) on or before January 1, 1986. The “DOT-4LXXXYY” must appear in proximity to other required special permit or exemption markings. (f) An MC 331 cargo tank motor vehicle must conform to structural integrity requirements in § 178.337-3 or to corresponding requirements in effect at the time of manufacture. (g) A non-bulk packaging manufactured, tested, marked, and certified on or before September 30, 1996, in accordance with the applicable provisions of subparts L and M of part 178 of this subchapter in effect on September 30, 1995, may be used as authorized by this subchapter if the packaging conforms to all requirements applicable at the time of manufacture. In addition, suc… | |||
| 49:49:2.1.1.3.10.2.25.5 | 49 | Transportation | I | C | 173 | PART 173—SHIPPERS—GENERAL REQUIREMENTS FOR SHIPMENTS AND PACKAGINGS | B | Subpart B—Preparation of Hazardous Materials for Transportation | § 173.24 General requirements for packagings and packages. | PHMSA | [Amdt. 173-224, 55 FR 52610, Dec. 21, 1990] | (a) Applicability. Except as otherwise provided in this subchapter, the provisions of this section apply to— (1) Bulk and non-bulk packagings; (2) New packagings and packagings which are reused; and (3) Specification and non-specification packagings. (b) Each package used for the shipment of hazardous materials under this subchapter shall be designed, constructed, maintained, filled, its contents so limited, and closed, so that under conditions normally incident to transportation— (1) Except as otherwise provided in this subchapter, there will be no identifiable (without the use of instruments) release of hazardous materials to the environment; (2) The effectiveness of the package will not be substantially reduced; for example, impact resistance, strength, packaging compatibility, etc. must be maintained for the minimum and maximum temperatures, changes in humidity and pressure, and shocks, loadings and vibrations, normally encountered during transportation; (3) There will be no mixture of gases or vapors in the package which could, through any credible spontaneous increase of heat or pressure, significantly reduce the effectiveness of the packaging; (4) There will be no hazardous material residue adhering to the outside of the package during transport. (c) Authorized packagings. (1) A packaging is authorized for a hazardous material only if— (i) The packaging is prescribed or permitted for the hazardous material in a packaging section specified for that material in Column 8 of the § 172.101 table and conforms to applicable requirements in the special provisions of Column 7 of the § 172.101 table and, for specification packagings (but not including UN standard packagings manufactured outside the United States), the specification requirements in parts 178 and 179 of this subchapter; or (ii) The packaging is permitted under, and conforms to, provisions contained in subparts B or C of part 171 of this subchapter or § 173.3, § 173.4, § 173.4a, § 173.4b, § 173.5, § 173.5a, § 173.6, § 173.7, § 173.8, § 1… | |||
| 49:49:2.1.1.3.10.2.25.6 | 49 | Transportation | I | C | 173 | PART 173—SHIPPERS—GENERAL REQUIREMENTS FOR SHIPMENTS AND PACKAGINGS | B | Subpart B—Preparation of Hazardous Materials for Transportation | § 173.24a Additional general requirements for non-bulk packagings and packages. | PHMSA | [Amdt. 173-224, 55 FR 52611, Dec. 21, 1990, as amended at 56 FR 66265, Dec. 20, 1991; 57 FR 45460, Oct. 1, 1992; 58 FR 51532, Oct. 1, 1993; Amdt. 173-255, 61 FR 50624, Sept. 26, 1996; 66 FR 45380, Aug. 28, 2001; 68 FR 61941, Oct. 30, 2003; 71 FR 32258, June 2, 2006; 81 FR 35541, June 2, 2016; 83 FR 55808, Nov. 7, 2018; 87 FR 79775, Dec. 27, 2022] | (a) Packaging design. Except as provided in § 172.312 of this subchapter: (1) Inner packaging closures. A combination packaging containing liquid hazardous materials must be packed so that closures on inner packagings are upright. (2) Friction. The nature and thickness of the outer packaging must be such that friction during transportation is not likely to generate an amount of heat sufficient to alter dangerously the chemical stability of the contents. (3) Securing and cushioning. Inner packagings of combination packagings must be so packed, secured and cushioned to prevent their breakage or leakage and to control their shifting within the outer packaging under conditions normally incident to transportation. Cushioning material must not be capable of reacting dangerously with the contents of the inner packagings or having its protective properties significantly weakened in the event of leakage. (4) Metallic devices. Nails, staples and other metallic devices shall not protrude into the interior of the outer packaging in such a manner as to be likely to damage inner packagings or receptacles. (5) Vibration. Each non-bulk package must be capable of withstanding, without rupture or leakage, the vibration test procedure specified in § 178.608 of this subchapter. (b) Non-bulk packaging filling limits. (1) A non-bulk packaging not exceeding 400 kg may be filled with a liquid hazardous material only when the specific gravity of the material or gross mass of the package does not exceed that marked on the packaging, or a specific gravity of 1.2 if not marked, except as follows: (i) A Packing Group I packaging may be used for a Packing Group II material with a specific gravity not exceeding the greater of 1.8, or 1.5 times the specific gravity or gross mass of the package marked on the packaging, provided all the performance criteria can still be met with the higher specific gravity material; (ii) A Packing Group I packaging may be used for a Packing Group III material with a specific gravity not exce… | |||
| 49:49:2.1.1.3.10.2.25.7 | 49 | Transportation | I | C | 173 | PART 173—SHIPPERS—GENERAL REQUIREMENTS FOR SHIPMENTS AND PACKAGINGS | B | Subpart B—Preparation of Hazardous Materials for Transportation | § 173.24b Additional general requirements for bulk packagings. | PHMSA | [Amdt. 173-224, 55 FR 52612, Dec. 21, 1990, as amended at 56 FR 66266, Dec. 20, 1991; Amdt. 173-234, 58 FR 51532, Oct. 1, 1993; Amdt. 173-243, 60 FR 40038, Aug. 4, 1995; Amdt. 173-252, 61 FR 28676, June 5, 1996; Amdt. 173-255, 61 FR 50624, Sept. 26, 1996; 66 FR 33426, June 21, 2001; 67 FR 15743, Apr. 3, 2002; 68 FR 75742, Dec. 31, 2003; 74 FR 2255, Jan. 14, 2009; 76 FR 56315, Sept. 13, 2011] | (a) Outage and filling limits. (1) Except as otherwise provided in this subchapter, liquids and liquefied gases must be so loaded that the outage is at least five percent for materials poisonous by inhalation, or at least one percent for all other materials, of the total capacity of a cargo tank, portable tank, tank car (including dome capacity), multi-unit tank car tank, or any compartment thereof, at the following reference temperatures— (i) 46 °C (115 °F) for a noninsulated tank; (ii) 43 °C (110 °F) for a tank car having a thermal protection system, incorporating a metal jacket that provides an overall thermal conductance at 15.5 °C (60 °F) of no more than 10.22 kilojoules per hour per square meter per degree Celsius (0.5 Btu per hour/per square foot/ per degree F) temperature differential; or (iii) 41 °C (105 °F) for an insulated tank. (2) Hazardous materials may not be loaded into the dome of a tank car. If the dome of the tank car does not provide sufficient outage, vacant space must be left in the shell to provide the required outage. (b) Equivalent steel. For the purposes of this section, the reference stainless steel is stainless steel with a guaranteed minimum tensile strength of 51.7 deka newtons per square millimeter (75,000 psi) and a guaranteed elongation of 40 percent or greater. Where the regulations permit steel other than stainless steel to be used in place of a specified stainless steel (for example, as in § 172.102 of this subchapter, special provision B30), the minimum thickness for the steel must be obtained from one of the following formulas, as appropriate: e 1 = (12.74e 0 ) / (Rm 1 A 1 ) 1/3 e 1 = (144.2e 0 ) / (Rm 1 A 1 ) 1/3 where: e 0 = Required thickness of the reference stainless steel in mm or inches respectively; e 1 = Equivalent thickness of the steel used in mm or inches respectively; Rm 1 = Specified minimum tensile strength of the steel used in deka-newtons per square millimeter or pounds per square inch respectively; and A 1 = Specified minimu… | |||
| 49:49:2.1.1.3.10.2.25.8 | 49 | Transportation | I | C | 173 | PART 173—SHIPPERS—GENERAL REQUIREMENTS FOR SHIPMENTS AND PACKAGINGS | B | Subpart B—Preparation of Hazardous Materials for Transportation | § 173.25 Authorized packagings and overpacks. | PHMSA | [Amdt. 173-165, 48 FR 28099, June 20, 1983] | (a) Authorized packages containing hazardous materials may be offered for transportation in an overpack as defined in § 171.8 of this subchapter, if all of the following conditions are met: (1) The package meets the requirements of §§ 173.21 and 173.24 of this subchapter. (2) The overpack is marked with the proper shipping name and identification number, when applicable, and is labeled as required by this subchapter for each hazardous material contained therein, unless marking and labels representative of each hazardous material in the overpack are visible. (3) Each package subject to the orientation marking requirements of § 172.312 of this subchapter is packed in the overpack with its filling holes up and the overpack is marked with package orientation marking arrows on two opposite vertical sides of the overpack with the arrows pointing in the correct direction of orientation. (4) The overpack is marked with the word “OVERPACK” when specification packagings are required, or for Class 7 (radioactive) material when a Type A, Type B(U), Type B(M) or industrial package is required. The “OVERPACK” marking is not required when the required markings representative of each package type contained in the overpack are visible from outside of the overpack. The lettering on the “OVERPACK” marking must be at least 12 mm (0.5 inches) high. For domestic transportation, an overpack marked prior to January 1, 2017, and in conformance with the requirements of this paragraph in effect on December 31, 2014, may continue in service until the end of its useful life. (5) Packages containing Class 8 (corrosive) materials in Packing Group I or Division 5.1 (oxidizing) materials in Packing Group I may not be overpacked with any other materials. (6) For limited quantities and ORM material, the overpack is marked with a limited quantity marking prescribed in § 172.315 of this subchapter or, the ORM marking prescribed in § 172.316 of this subchapter, unless a limited quantity or ORM marking representative of the hazardous material in… | |||
| 49:49:2.1.1.3.10.2.25.9 | 49 | Transportation | I | C | 173 | PART 173—SHIPPERS—GENERAL REQUIREMENTS FOR SHIPMENTS AND PACKAGINGS | B | Subpart B—Preparation of Hazardous Materials for Transportation | § 173.26 Quantity limitations. | PHMSA | [Amdt. 173-224, 55 FR 52612, Dec. 21, 1990] | When quantity limitations do not appear in the packaging requirements of this subchapter, the permitted gross weight or capacity authorized for a packaging is as shown in the packaging specification or standard in part 178 or 179, as applicable, of this subchapter. | |||
| 49:49:2.1.1.3.10.3.25.1 | 49 | Transportation | I | C | 173 | PART 173—SHIPPERS—GENERAL REQUIREMENTS FOR SHIPMENTS AND PACKAGINGS | C | Subpart C—Definitions, Classification and Packaging for Class 1 | § 173.50 Class 1—Definitions. | PHMSA | [Amdt. 173-224, 55 FR 52617 Dec. 21, 1990, as amended at 56 FR 66267, Dec. 20, 1991; 66 FR 45183, Aug. 28, 2001; 68 FR 48569, Aug. 14, 2003; 78 FR 1074, Jan. 7, 2013; 82 FR 15876, Mar. 30, 2017] | (a) Explosive. For the purposes of this subchapter, an explosive means any substance or article, including a device, which is designed to function by explosion ( i.e., an extremely rapid release of gas and heat) or which, by chemical reaction within itself, is able to function in a similar manner even if not designed to function by explosion, unless the substance or article is otherwise classed under the provisions of this subchapter. The term includes a pyrotechnic substance or article, unless the substance or article is otherwise classed under the provisions of this subchapter. (b) Explosives in Class 1 are divided into six divisions as follows: (1) Division 1.1 consists of explosives that have a mass explosion hazard. A mass explosion is one which affects almost the entire load instantaneously. (2) Division 1.2 consists of explosives that have a projection hazard but not a mass explosion hazard. (3) Division 1.3 consists of explosives that have a fire hazard and either a minor blast hazard or a minor projection hazard or both, but not a mass explosion hazard. (4) Division 1.4 consists of explosives that present a minor explosion hazard. The explosive effects are largely confined to the package and no projection of fragments of appreciable size or range is to be expected. An external fire must not cause virtually instantaneous explosion of almost the entire contents of the package. (5) Division 1.5 1 consists of very insensitive explosives. This division is comprised of substances which have a mass explosion hazard but are so insensitive that there is very little probability of initiation or of transition from burning to detonation under normal conditions of transport. 1 The probability of transition from burning to detonation is greater when large quantities are transported in a vessel. (6) Division 1.6 2 consists of extremely insensitive articles that do not have a mass explosion hazard. This division is comprised of articles which predominately contain extremely insensit… | |||
| 49:49:2.1.1.3.10.3.25.10 | 49 | Transportation | I | C | 173 | PART 173—SHIPPERS—GENERAL REQUIREMENTS FOR SHIPMENTS AND PACKAGINGS | C | Subpart C—Definitions, Classification and Packaging for Class 1 | § 173.59 Description of terms for explosives. | PHMSA | [Amdt. 173-224, 55 FR 52617 Dec. 21, 1990, as amended at 56 FR 66267, Dec. 20, 1991; Amdt. 173-241, 59 FR 67492, Dec. 29, 1994; 64 FR 10777, Mar. 5, 1999; 66 FR 45379, Aug. 28, 2001; 76 FR 3371, Jan. 19, 2011; 78 FR 1074, Jan. 7, 2013; 78 FR 42477, July 16, 2013; 85 FR 75713, Nov. 25, 2020; 87 FR 44992, July 26, 2022] | For the purpose of this subchapter, a description of the following terms is provided for information only. They must not be used for purposes of classification or to replace proper shipping names prescribed in § 172.101 of this subchapter. Ammonium-nitrate—fuel oil mixture (ANFO). A blasting explosive containing no essential ingredients other than prilled ammonium nitrate and fuel oil. Ammunition. Generic term related mainly to articles of military application consisting of all types of bombs, grenades, rockets, mines, projectiles and other similar devices or contrivances. Ammunition, illuminating, with or without burster, expelling charge or propelling charge. Ammunition designed to produce a single source of intense light for lighting up an area. The term includes illuminating cartridges, grenades and projectiles, and illuminating and target identification bombs. The term excludes the following articles which are listed separately: cartridges, signal; signal devices; hand signals; distress flares, aerial and flares, surface. Ammunition, incendiary. Ammunition containing an incendiary substance which may be a solid, liquid or gel including white phosphorus. Except when the composition is an explosive per se, it also contains one or more of the following: a propelling charge with primer and igniter charge, or a fuze with burster or expelling charge. The term includes: Ammunition, incendiary, liquid or gel, with burster, expelling charge or propelling charge; Ammunition, incendiary with or without burster, expelling charge or propelling charge; and Ammunition, incendiary, white phosphorus, with burster, expelling charge or propelling charge. Ammunition, practice. Ammunition without a main bursting charge, containing a burster or expelling charge. Normally it also contains a fuze and propelling charge. The term excludes the following article which is listed separately: Grenades, practice. Ammunition, proof. Ammunition containing pyrotechnic substance, used to test the performance or strength… | |||
| 49:49:2.1.1.3.10.3.25.11 | 49 | Transportation | I | C | 173 | PART 173—SHIPPERS—GENERAL REQUIREMENTS FOR SHIPMENTS AND PACKAGINGS | C | Subpart C—Definitions, Classification and Packaging for Class 1 | § 173.60 General packaging requirements for explosives. | PHMSA | [Amdt. 173-260, 62 FR 24719, May 6, 1997, as amended at 65 FR 50461, Aug. 18, 2000; 76 FR 43529, July 20, 2011] | (a) Unless otherwise provided in this subpart and in § 173.7(a), packaging used for Class 1 (explosives) materials must meet Packing Group II requirements. Each packaging used for an explosive must be capable of meeting the test requirements of subpart M of part 178 of this subchapter, at the specified level of performance, and the applicable general packaging requirements of paragraph (b) of this section. (b) The general requirements for packaging of explosives are as follows: (1) Nails, staples, and other closure devices, made of metal, having no protective covering may not penetrate to the inside of the outer packaging unless the inner packaging adequately protects the explosive against contact with the metal. (2) The closure device of containers for liquid explosives must provide double protection against leakage, such as a screw cap secured in place with tape. (3) Inner packagings, fittings, and cushioning materials, and the placing of explosive substances or articles in packages, must be such that the explosive substance is prevented from becoming loose in the outer packaging during transportation. Metallic components of articles must be prevented from making contact with metal packagings. Articles containing explosive substances not enclosed in an outer casing must be separated from each other in order to prevent friction and impact. Padding, trays, partitioning in the inner or outer packaging, molded plastics or receptacles may be used for this purpose. (4) When the packaging includes water that could freeze during transportation, a sufficient amount of anti-freeze, such as denatured ethyl alcohol, must be added to the water to prevent freezing. If the anti-freeze creates a fire hazard, it may not be used. When a percentage of water in the substance is specified, the combined weight of water and anti-freeze may be substituted. (5) If an article is fitted with its own means of ignition or initiation, it must be effectively protected from accidental actuation during normal conditions of transportation… | |||
| 49:49:2.1.1.3.10.3.25.12 | 49 | Transportation | I | C | 173 | PART 173—SHIPPERS—GENERAL REQUIREMENTS FOR SHIPMENTS AND PACKAGINGS | C | Subpart C—Definitions, Classification and Packaging for Class 1 | § 173.61 Mixed packaging requirements. | PHMSA | [Amdt. 173-224, 55 FR 52617 Dec. 21, 1990, as amended at 56 FR 66267, Dec. 20, 1991; 65 FR 50461, Aug. 18, 2000; 66 FR 33429, June 21, 2001; 66 FR 45381, Aug. 28, 2001; 69 FR 54046, Sept. 7, 2004; 73 FR 4717, Jan. 28, 2008] | (a) An explosive may not be packed in the same outside packaging with any other material that could, under normal conditions of transportation, adversely affect the explosive or its packaging unless packaged by DOD or DOE in accordance with § 173.7(a). (b) Hardware necessary for assembly of explosive articles at the point-of-use may be packed in the same outside packaging with the explosive articles. The hardware must be securely packed in a separate inside packaging. Sufficient cushioning materials must be used to ensure that all inside packagings are securely packed in the outside packaging. (c) The following explosives may not be packed together with other Class 1 explosives: UN 0029, UN 0030, UN 0073, UN 0106, UN 0107, UN 0255, UN 0257, UN 0267, UN 0350, UN 0360, UN 0361, UN 0364, UN 0365, UN 0366, UN 0367, UN 0408, UN 0409, UN 0410, UN 0455, UN 0456, and UN 0500. These explosives may be mix-packed with each other in accordance with the compatibility requirements prescribed in paragraph (e) of this section. (d) Division 1.1 and 1.2 explosives may not be packed with the following explosives: UN 0333, UN 0334, UN 0335, UN 0336, and UN 0337. (e) Except as prescribed in paragraphs (c) and (d) of this section, different explosives may be packed in one outside packaging in accordance with the following compatibility requirements: (1) Explosives of the same compatibility group and same division number may be packed together. (2) Explosives of the same compatibility group or authorized combination of compatibility group but different division number may be packed together, provided that the whole package is treated as though its entire contents were comprised of the lower division number. For example, a mixed package of Division 1.2 explosives and Division 1.4 explosives, compatibility group D, must be treated as 1.2D explosives. However, when 1.5D explosives are packed together with 1.2D explosives, the whole package must be treated as 1.1D explosives. (3) Explosives of compatibility group S may be packaged t… | |||
| 49:49:2.1.1.3.10.3.25.13 | 49 | Transportation | I | C | 173 | PART 173—SHIPPERS—GENERAL REQUIREMENTS FOR SHIPMENTS AND PACKAGINGS | C | Subpart C—Definitions, Classification and Packaging for Class 1 | § 173.62 Specific packaging requirements for explosives. | PHMSA | [Amdt. 173-260, 62 FR 24720, May 6, 1997] | (a) Except as provided in § 173.7 of this subchapter, when the § 172.101 Table specifies that an explosive must be packaged in accordance with this section, only packagings which conform to the provisions of paragraphs (b) and (c) of this section or § 173.7(e) of this subchapter and the applicable requirements in §§ 173.60 and 173.61 may be used unless otherwise approved by the Associate Administrator. (b) Explosives Table. The Explosives Table specifies the Packing Instructions assigned to each explosive. Explosives are identified in the first column in numerical sequence by their identification number (ID #), which is listed in column 4 of the § 172.101 table, of this subchapter. The second column of the Explosives Table specifies the Packing Instruction (PI) which must be used for packaging the explosive. The Explosives Packing Method Table in paragraph (c) of this section defines the methods of packaging. The Packing Instructions are identified using a 3 digit designation. The Packing Instruction prefixed by the letters “US” is particular to the United States and not found in applicable international regulations. Table 1 to Paragraph ( b ): Explosives Table (c) Explosives must be packaged in accordance with the following table: (1) The first column lists, in alphanumeric sequence, the packing methods prescribed for explosives in the Explosives Table of paragraph (b) of this section. (2) The second column specifies the inner packagings that are required. If inner packagings are not required, a notation of “Not necessary” appears in the column. The term “Not necessary” means that a suitable inner packaging may be used but is not required. (3) The third column specifies the intermediate packagings that are required. If intermediate packagings are not required, a notation of “Not necessary” appears in the column. The term “Not necessary” means that a suitable intermediate packaging may be used but is not required. (4) The fourth column specifies the outer packagings which are required. If inner packaging… | |||
| 49:49:2.1.1.3.10.3.25.14 | 49 | Transportation | I | C | 173 | PART 173—SHIPPERS—GENERAL REQUIREMENTS FOR SHIPMENTS AND PACKAGINGS | C | Subpart C—Definitions, Classification and Packaging for Class 1 | § 173.63 Packaging exceptions. | PHMSA | [Amdt. 173-224, 55 FR 52617, Dec. 21, 1990, as amended at 56 FR 66268, Dec. 20, 1991; Amdt. 173-236, 58 FR 50536, Sept. 24, 1993; Amdt. 173-253, 61 FR 27175, May 30, 1996; 68 FR 75743, Dec. 31, 2003; 71 FR 14602, Mar. 22, 2006; 76 FR 3371, Jan. 19, 2011; 78 FR 1084, 1113, Jan. 7, 2013; 78 FR 65480, Oct. 31, 2013; 81 FR 18539, Mar. 31, 2016; 87 FR 79776, Dec. 27, 2022] | (a) Cord, detonating (UN 0065), having an explosive content not exceeding 6.5 g (0.23 ounces) per 30 centimeter length (one linear foot) may be offered for transportation domestically and transported as Cord, detonating (UN 0289), Division 1.4 Compatibility Group D (1.4D) explosives, if the gross weight of all packages containing Cord, detonating (UN 0065), does not exceed 45 kg (99 pounds) per: (1) Transport vehicle, freight container, or cargo-only aircraft; (2) Off-shore down-hole tool pallet carried on an off-shore supply vessel; (3) Cargo compartment of a cargo vessel; or (4) Passenger-carrying aircraft used to transport personnel to remote work sites, such as offshore drilling units. (b) Limited quantities of Cartridges, small arms, Cartridges, power device, Cartridges for tools, blank, and Cases, cartridge, empty with primer. (1)(i) Cartridges, small arms, Cartridges, power device (used to project fastening devices), Cartridges for tools, blank, and Cases, cartridge, empty with primer that have been classed as Division 1.4S explosive may be offered for transportation and transported as limited quantities when packaged in accordance with paragraph (b)(2) of this section. Packages containing such articles may be marked with either the marking prescribed in § 172.315(a) or (b) of this subchapter and offered for transportation and transported by any mode. For transportation by aircraft, the package must conform to the applicable requirements of § 173.27 of this part. In addition, packages containing such articles offered for transportation by aircraft must be marked with the proper shipping name as prescribed in the § 172.101 Hazardous Materials Table of this subchapter. Packages containing such articles are not subject to the shipping paper requirements of subpart C of part 172 of this subchapter unless the material meets the definition of a hazardous substance, hazardous waste, marine pollutant, or is offered for transportation and transported by aircraft or vessel. Additionally, packages containing s… | |||
| 49:49:2.1.1.3.10.3.25.15 | 49 | Transportation | I | C | 173 | PART 173—SHIPPERS—GENERAL REQUIREMENTS FOR SHIPMENTS AND PACKAGINGS | C | Subpart C—Definitions, Classification and Packaging for Class 1 | § 173.64 Exceptions for Division 1.3 and 1.4 fireworks. | PHMSA | [78 FR 42477, July 16, 2013, as amended at 85 FR 75713, Nov. 25, 2020] | (a) Notwithstanding the requirements of § 173.56(b), Division 1.3 and 1.4 fireworks (see § 173.65 for Division 1.4G consumer fireworks) may be classed and approved by the Associate Administrator without prior examination and offered for transportation if the following conditions are met: (1) The fireworks are manufactured in accordance with the applicable requirements in APA 87-1A, 87-1B, and 87-1C (IBR, see § 171.7 of this subchapter); (2) The device must pass a thermal stability test conducted by a third-party laboratory, or the manufacturer. The test must be performed by maintaining the device, or a representative prototype of a large device such as a display shell, at a temperature of 75 °C (167 °F) for 48 consecutive hours. When a device contains more than one component, those components that could be in physical contact with each other in the finished device must be placed in contact with each other during the thermal stability test; (3) The manufacturer applies in writing to the Associate Administrator following the applicable requirements in APA 87-1A, 87-1B, and 87-1C and is notified in writing by the Associate Administrator that the fireworks have been classed, approved, and assigned an EX number. Each application must be complete and include all relevant background data and copies of all applicable drawings, test results, and any other pertinent information on each device for which approval is being requested. The manufacturer must sign the application and certify that the device for which approval is requested conforms to the appropriate APA Standard, that the descriptions and technical information contained in the application are complete and accurate, and with respect to APA 87-1A that no duplicate application has been submitted to a fireworks certification agency. If the application is denied, the manufacturer will be notified in writing of the reasons for the denial. The Associate Administrator may require that the fireworks be examined by an agency listed in § 173.56(b)(1) of this part. (b) [… | |||
| 49:49:2.1.1.3.10.3.25.16 | 49 | Transportation | I | C | 173 | PART 173—SHIPPERS—GENERAL REQUIREMENTS FOR SHIPMENTS AND PACKAGINGS | C | Subpart C—Definitions, Classification and Packaging for Class 1 | § 173.65 Exceptions for Division 1.4G consumer fireworks. | PHMSA | [78 FR 42477, July 16, 2013, as amended at 85 FR 75713, Nov. 25, 2020] | (a) Notwithstanding the requirements of §§ 173.56(b), 173.56(f), 173.56(i), and 173.64, Division 1.4G consumer fireworks may be offered for transportation provided the following conditions are met: (1) The fireworks are manufactured in accordance with the applicable requirements in APA 87-1A (IBR, see § 171.7 of this subchapter); (2) The device must pass a thermal stability test. The test must be performed by maintaining the device, or a representative prototype of the device, at a temperature of 75 °C (167 °F) for 48 consecutive hours. When a device contains more than one component, those components that could be in physical contact with each other in the finished device must be placed in contact with each other during the thermal stability test; (3) The manufacturer of the Division 1.4G consumer firework applies in writing to a DOT-approved Fireworks Certification Agency, and is notified in writing by the DOT-approved Fireworks Certification Agency that the firework has been: (i) Certified that it complies with APA 87-1A, and meets the requirements of this section; and (ii) Assigned an FC number. (4) The manufacturer's application must be complete and include: (i) Detailed diagram of the device; (ii) Complete list of the chemical compositions, formulations and quantities used in the device; (iii) Results of the thermal stability test; and (iv) Signed certification declaring that the device for which certification is requested conforms to the APA 87-1A, that the descriptions and technical information contained in the application are complete and accurate, and that no duplicate applications have been submitted to PHMSA. If the application is denied, the Fireworks Certification Agency must notify the manufacturer in writing of the reasons for the denial. As detailed in the DOT-approval issued to the Fireworks Certification Agency, following the issuance of a denial from a Fireworks Certification Agency, a manufacturer may seek reconsideration from the Fireworks Certification Agency, or may appeal the re… | |||
| 49:49:2.1.1.3.10.3.25.17 | 49 | Transportation | I | C | 173 | PART 173—SHIPPERS—GENERAL REQUIREMENTS FOR SHIPMENTS AND PACKAGINGS | C | Subpart C—Definitions, Classification and Packaging for Class 1 | § 173.66 Requirements for bulk packagings of certain explosives and oxidizers. | PHMSA | [80 FR 79453, Dec. 21, 2015] | When § 172.101 of this subchapter specifies that a hazardous material may be transported in accordance with this section (per special provision 148 in § 172.102(c)(1)), only the bulk packagings specified for these materials in IME Standard 23 (IBR, see § 171.7 of this subchapter) are authorized, subject to the requirements of subparts A and B of this part and the special provisions in column 7 of the § 172.101 table. See Section I of IME Standard 23 for the standards for transporting a single bulk hazardous material for blasting by cargo tank motor vehicles (CTMV), and Section II of IME Standard 23 for the standards for CTMVs capable of transporting multiple hazardous materials for blasting in bulk and non-bulk packagings ( i.e., a multipurpose bulk truck (MBT) authorized to transport the Class 1 (explosive) materials, Division 5.1 (oxidizing) materials, Class 8 (corrosive) materials, and Combustible Liquid, n.o.s., NA1993, III, as specified in IME Standard 23 (also see § 177.835(d) of this subchapter)). In addition, the requirements in paragraph (a) of this section apply to: A new multipurpose bulk truck constructed after April 19, 2016; and a modified existing multipurpose bulk truck after April 19, 2016 (see § 173.66(b) regarding the term modified ). (a) Federal Motor Vehicle Safety Standard (FMVSS). Multipurpose bulk trucks must be in compliance with the FMVSS found in 49 CFR part 571, as applicable. Furthermore, the multipurpose bulk truck manufacturer must maintain a certification record ensuring the final manufacturing is in compliance with the FMVSS, in accordance with the certification requirements found in 49 CFR part 567. These certification records must be made available to DOT representatives upon request. (b) Modified. The term modified means any change to the original design and construction of a multipurpose bulk truck (MBT) that affects its structural integrity or lading retention capability, ( e.g. rechassising, etc.). Excluded from this category are the following: (1) A change to th… | |||
| 49:49:2.1.1.3.10.3.25.18 | 49 | Transportation | I | C | 173 | PART 173—SHIPPERS—GENERAL REQUIREMENTS FOR SHIPMENTS AND PACKAGINGS | C | Subpart C—Definitions, Classification and Packaging for Class 1 | § 173.67 Exceptions for Division 1.1 jet perforating guns. | PHMSA | [85 FR 75713, Nov. 25, 2020] | (a) Notwithstanding the requirements of § 173.56(b), Division 1.1 jet perforating guns may be classed and approved by the Associate Administrator without prior examination and offered for transportation if the following conditions are met: (1) The jet perforating guns are manufactured in accordance with the applicable requirements in AESC/IME JPG Standard (IBR, see § 171.7 of this subchapter); (2) The jet perforating gun must be of a type described in the AESC/IME JPG Standard; (3) The applicant applies in writing to the Associate Administrator following the applicable requirements in the AESC/IME JPG Standard, and is notified in writing by the Associate Administrator that the jet perforating gun has been classed, approved, and assigned an EX number. Each application must be complete and include all relevant background data, the applicable drawings, and any other pertinent information as described in the AESC/IME JPG Standard on each jet perforating gun for which approval is being requested. The manufacturer must sign the application and certify that the jet perforating gun for which approval is requested conforms to the AESC/IME JPG Standard and that the descriptions and technical information contained in the application are complete and accurate. If the application is denied, the applicant will be notified in writing of the reasons for the denial. The Associate Administrator may require that the jet perforating gun be examined as provided under § 173.56(b)(1). (b) [Reserved] | |||
| 49:49:2.1.1.3.10.3.25.2 | 49 | Transportation | I | C | 173 | PART 173—SHIPPERS—GENERAL REQUIREMENTS FOR SHIPMENTS AND PACKAGINGS | C | Subpart C—Definitions, Classification and Packaging for Class 1 | § 173.51 Authorization to offer and transport explosives. | PHMSA | [Amdt. 173-224, 55 FR 52617, Dec. 21, 1990, as amended by 66 FR 45379, Aug. 28, 2001] | (a) Unless otherwise provided in this subpart, no person may offer for transportation or transport an explosive, unless it has been tested and classed and approved by the Associate Administrator (§ 173.56). (b) Reports of explosives approved by the Department of Defense or the Department of Energy must be filed with, and receive acknowledgement in writing by, the Associate Administrator prior to such explosives being offered for transportation. | |||
| 49:49:2.1.1.3.10.3.25.3 | 49 | Transportation | I | C | 173 | PART 173—SHIPPERS—GENERAL REQUIREMENTS FOR SHIPMENTS AND PACKAGINGS | C | Subpart C—Definitions, Classification and Packaging for Class 1 | § 173.52 Classification codes and compatibility groups of explosives. | PHMSA | [Amdt. 173-224, 55 FR 52617, Dec. 21, 1990, as amended by Amdt. 173-241, 59 FR 67492, Dec. 29, 1994; 64 FR 51918, Sept. 27, 1999; 66 FR 45379, Aug. 28, 2001; 76 FR 56315, Sept. 13, 2011; 78 FR 1074, Jan. 7, 2013; 82 FR 15876, Mar. 30, 2017] | (a) The classification code for an explosive, which is assigned by the Associate Administrator in accordance with this subpart, consists of the division number followed by the compatibility group letter. Compatibility group letters are used to specify the controls for the transportation, and storage related thereto, of explosives and to prevent an increase in hazard that might result if certain types of explosives were stored or transported together. Transportation compatibility requirements for carriers are prescribed in §§ 174.81, 175.78. 176.83 and 177.848 of this subchapter for transportation by rail, air, vessel, and public highway, respectively, and storage incidental thereto. (b) Compatibility groups and classification codes for the various types of explosives are set forth in the following tables. Table 1 sets forth compatibility groups and classification codes for substances and articles described in the first column of table 1. Table 2 shows the number of classification codes that are possible within each explosive division. Altogether, there are 35 possible classification codes for explosives. Table 1—Classification Codes Table 2—Scheme of Classification of Explosives, Combination of Hazard Division with Compatibility Group | |||
| 49:49:2.1.1.3.10.3.25.4 | 49 | Transportation | I | C | 173 | PART 173—SHIPPERS—GENERAL REQUIREMENTS FOR SHIPMENTS AND PACKAGINGS | C | Subpart C—Definitions, Classification and Packaging for Class 1 | § 173.53 Provisions for using old classifications of explosives. | PHMSA | Where the classification system in effect prior to January 1, 1991, is referenced in State or local laws, ordinances or regulations not pertaining to the transportation of hazardous materials, the following table may be used to compare old and new hazard class names: | ||||
| 49:49:2.1.1.3.10.3.25.5 | 49 | Transportation | I | C | 173 | PART 173—SHIPPERS—GENERAL REQUIREMENTS FOR SHIPMENTS AND PACKAGINGS | C | Subpart C—Definitions, Classification and Packaging for Class 1 | § 173.54 Forbidden explosives. | PHMSA | [Amdt. 173-224, 55 FR 52617 Dec. 21, 1990, as amended at 56 FR 66267, Dec. 20, 1991; Amdt. 173-236, 58 FR 50236, Sept. 24, 1993; 67 FR 61013, Sept. 27, 2002; 68 FR 48569, Aug. 14, 2003] | Unless otherwise provided in this subchapter, the following explosives shall not be offered for transportation or transported: (a) An explosive that has not been approved in accordance with § 173.56 of this subpart. (b) An explosive mixture or device containing a chlorate and also containing: (1) An ammonium salt, including a substituted ammonium or quaternary ammonium salt; or (2) An acidic substance, including a salt of a weak base and a strong acid. (c) A leaking or damaged package or article containing an explosive. (d) Propellants that are unstable, condemned or deteriorated. (e) Nitroglycerin, diethylene glycol dinitrate, or any other liquid explosives not specifically authorized by this subchapter. (f) A loaded firearm (except as provided in 49 CFR 1544.219). (g) Fireworks that combine an explosive and a detonator. (h) Fireworks containing yellow or white phosphorus. (i) A toy torpedo, the maximum outside dimension of which exceeds 23 mm (0.906 inch), or a toy torpedo containing a mixture of potassium chlorate, black antimony (antimony sulfide), and sulfur, if the weight of the explosive material in the device exceeds 0.26 g (0.01 ounce). (j) Explosives specifically forbidden in the § 172.101 table of this subchapter. (k) Explosives not meeting the acceptance criteria specified in § 173.57 of this subchapter. (l) An explosive article with its means of initiation or ignition installed, unless approved in accordance with § 173.56. | |||
| 49:49:2.1.1.3.10.3.25.6 | 49 | Transportation | I | C | 173 | PART 173—SHIPPERS—GENERAL REQUIREMENTS FOR SHIPMENTS AND PACKAGINGS | C | Subpart C—Definitions, Classification and Packaging for Class 1 | § 173.55 [Reserved] | PHMSA | |||||
| 49:49:2.1.1.3.10.3.25.7 | 49 | Transportation | I | C | 173 | PART 173—SHIPPERS—GENERAL REQUIREMENTS FOR SHIPMENTS AND PACKAGINGS | C | Subpart C—Definitions, Classification and Packaging for Class 1 | § 173.56 New explosives—definition and procedures for classification and approval. | PHMSA | [Amdt. 173-224, 55 FR 52617 Dec. 21, 1990, as amended at 56 FR 66267, Dec. 20, 1991; Amdt. 173-234, 58 FR 51532, Oct. 1, 1993; 62 FR 51560, Oct. 1, 1997; 63 FR 37461, July 10, 1998; 64 FR 10777, Mar. 5, 1999; 66 FR 45379, Aug. 28, 2001; 68 FR 75743, Dec. 31, 2003; 72 FR 25177, May 3, 2007; 78 FR 1074, Jan. 7, 2013; 78 FR 42477, July 16, 2013; 83 FR 55809, Nov. 7, 2018; 85 FR 75713, Nov. 25, 2020] | (a) Definition of new explosive. For the purposes of this subchapter a new explosive means an explosive produced by a person who: (1) Has not previously produced that explosive; or (2) Has previously produced that explosive but has made a change in the formulation, design or process so as to alter any of the properties of the explosive. An explosive will not be considered a “new explosive” if an agency listed in paragraph (b) of this section has determined, and confirmed in writing to the Associate Administrator, that there are no significant differences in hazard characteristics from the explosive previously approved. (b) Examination, classification and approval. Except as provided in §§ 173.64, 173.65, and 173.67, no person may offer a new explosive for transportation unless that person has specified to the examining agency the ranges of composition of ingredients and compounds, showing the intended manufacturing tolerances in the composition of substances or design of articles which will be allowed in that material or device, and unless it has been examined, classed and approved as follows: (1) Except for an explosive made by or under the direction or supervision of the Department of Defense (DOD) or the Department of Energy (DOE), a new explosive must be examined and assigned a recommended shipping description, division and compatibility group, based on the tests and criteria prescribed in §§ 173.52, 173.57 and 173.58. The person requesting approval of the new explosive must submit to the Associate Administrator a report of the examination and assignment of a recommended shipping description, division, and compatibility group. If the Associate Administrator finds the approval request meets the regulatory criteria, the new explosive will be approved in writing and assigned an EX number. The examination must be performed by a person who is approved by the Associate Administrator under the provisions of subpart H of part 107 of this chapter and who— (i) Has (directly, or through an employee involved i… | |||
| 49:49:2.1.1.3.10.3.25.8 | 49 | Transportation | I | C | 173 | PART 173—SHIPPERS—GENERAL REQUIREMENTS FOR SHIPMENTS AND PACKAGINGS | C | Subpart C—Definitions, Classification and Packaging for Class 1 | § 173.57 Acceptance criteria for new explosives. | PHMSA | [Amdt. 173-224, 55 FR 52617 Dec. 21, 1990, as amended at 58 FR 51532, Oct. 1, 1993; 64 FR 51918, Sept. 27, 1999; 68 FR 75743, Dec. 31, 2003; 76 FR 56315, Sept. 13, 2011] | (a) Unless otherwise excepted, an explosive substance must be subjected to the Drop Weight Impact Sensitivity Test (Test Method 3(a)(i)), the Friction Sensitivity Test (Test Method 3(b)(iii)), the Thermal Stability Test (Test Method 3(c)) at 75 °C (167 °F) and the Small-Scale Burning Test (Test Method 3(d)(i)), each as described in the Explosive Test Manual (UN Manual of Tests and Criteria) (IBR, see § 171.7 of this subchapter). A substance is forbidden for transportation if any one of the following occurs: (1) For a liquid, failure to pass the test criteria when tested in the Drop Weight Impact Sensitivity Test apparatus for liquids; (2) For a solid, failure to pass the test criteria when tested in the Drop Weight Impact Sensitivity Test apparatus for solids; (3) The substance has a friction sensitiveness equal to or greater than that of dry pentaerythrite tetranitrate (PETN) when tested in the Friction Sensitivity Test; (4) The substance fails to pass the test criteria specified in the Thermal Stability Test at 75 °C (167 °F); or (5) Explosion occurs when tested in the Small-Scale Burning Test. (b) An explosive article, packaged or unpackaged, or a packaged explosive substance must be subjected to the Thermal Stability Test for Articles and Packaged Articles (Test method 4(a)(i)) and the Twelve Meter Drop Test (Test Method 4(b)(ii)), when appropriate, in the Explosive Test Manual. An article or packaged substance is forbidden for transportation if evidence of thermal instability or excessive impact sensitivity is found in those tests according to the criteria and methods of assessing results prescribed therein. (c) Dynamite (explosive, blasting, type A) is forbidden for transportation if any of the following occurs: (1) It does not have, when uniformly mixed with the absorbent material, a satisfactory antacid in a quantity sufficient to have the acid neutralizing power of an amount of magnesium carbonate equal to one percent of the nitroglycerin or other liquid explosive ingredient; (2) During the cent… | |||
| 49:49:2.1.1.3.10.3.25.9 | 49 | Transportation | I | C | 173 | PART 173—SHIPPERS—GENERAL REQUIREMENTS FOR SHIPMENTS AND PACKAGINGS | C | Subpart C—Definitions, Classification and Packaging for Class 1 | § 173.58 Assignment of class and division for new explosives. | PHMSA | [Amdt. 173-224, 55 FR 52617 Dec. 21, 1990, as amended at 56 FR 66267, Dec. 20, 1991; 63 FR 52849, Oct. 1, 1998; 66 FR 45379, Aug. 28, 2001; 68 FR 75743, Dec. 31, 2003; 76 FR 3371, Jan. 19, 2011; 76 FR 56315, Sept. 13, 2011] | (a) Division 1.1, 1.2, 1.3, and 1.4 explosives. In addition to the test prescribed in § 173.57 of this subchapter, a substance or article in these divisions must be subjected to Test Methods 6(a), 6(b), and 6(c), as described in the UN Manual of Tests and Criteria (IBR, see § 171.7 of this subchapter), for assignment to an appropriate division. The criteria for assignment of class and division are as follows: (1) Division 1.1 if the major hazard is mass explosion; (2) Division 1.2 if the major hazard is dangerous projections; (3) Division 1.3 if the major hazard is radiant heat or violent burning, or both, but there is no blast or projection hazard; (4) Division 1.4 if there is a small hazard with no mass explosion and no projection of fragments of appreciable size or range; (5) Division 1.4 Compatibility Group S (1.4S) if the hazardous effects are confined within the package or the blast and projection effects do not significantly hinder emergency response efforts. The UN Test Type 6(d) is used to determine whether a Division 1.4S classification is appropriate for an item assigned a proper shipping name to which special provision 347 ( see § 172.102 of this subchapter) applies; or (6) Not in the explosive class if the substance or article does not have significant explosive hazard or if the effects of explosion are completely confined within the article. (b) Division 1.5 explosive. Except for ANFO, a substance that has been examined in accordance with the provisions § 173.57(a) of this subchapter, must be subjected to the following additional tests: Cap Sensitivity Test, Princess Incendiary Spark Test, DDT Test, and External Fire Test, each as described in the Explosive Test Manual. A material may not be classed as a Division 1.5 explosive if any of the following occurs: (1) Detonation occurs in the Cap Sensitivity Test (Test Method 5(a)); (2) Detonation occurs in the DDT Test (Test Method 5(b)(ii)); (3) An explosion, evidenced by a loud noise and projection of fragments, occurs in the External Fi… | |||
| 49:49:2.1.1.3.10.4.25.1 | 49 | Transportation | I | C | 173 | PART 173—SHIPPERS—GENERAL REQUIREMENTS FOR SHIPMENTS AND PACKAGINGS | D | Subpart D—Definitions Classification, Packing Group Assignments and Exceptions for Hazardous Materials Other Than Class 1 and Class 7 | § 173.115 Class 2, Divisions 2.1, 2.2, and 2.3—Definitions. | PHMSA | [Amdt. 173-224, 55 FR 52634, Dec. 21, 1990] | (a) Division 2.1 (Flammable gas). For the purpose of this subchapter, a flammable gas (Division 2.1) means any material which is a gas at 20 °C (68 °F) or less and 101.3 kPa (14.7 psia) of pressure (a material which has a boiling point of 20 °C (68 °F) or less at 101.3 kPa (14.7 psia)) which— (1) Is ignitable at 101.3 kPa (14.7 psia) when in a mixture of 13 percent or less by volume with air; or (2) Has a flammable range at 101.3 kPa (14.7 psia) with air of at least 12 percent regardless of the lower limit. Except for aerosols, the limits specified in paragraphs (a)(1) and (a)(2) of this section shall be determined at 101.3 kPa (14.7 psia) of pressure and a temperature of 20 °C (68 °F) in accordance with the ASTM E681-85, Standard Test Method for Concentration Limits of Flammability of Chemicals or other equivalent method approved by the Associate Administrator. The flammability of aerosols is determined by the tests specified in paragraph (l) of this section. (b) Division 2.2 ( non-flammable, nonpoisonous compressed gas—including compressed gas, liquefied gas, pressurized cryogenic gas, compressed gas in solution, asphyxiant gas and oxidizing gas ). For the purpose of this subchapter, a non-flammable, nonpoisonous compressed gas (Division 2.2) means any material (or mixture) which— (1) Exerts in the packaging a gauge pressure of 200 kPa (29.0 psig/43.8 psia) or greater at 20 °C (68 °F), is a liquefied gas or is a cryogenic liquid, and (2) Does not meet the definition of Division 2.1 or 2.3. (c) Division 2.3 (Gas poisonous by inhalation). For the purpose of this subchapter, a gas poisonous by inhalation (Division 2.3) means a material which is a gas at 20 °C (68 °F) or less and a pressure of 101.3 kPa (14.7 psia) (a material which has a boiling point of 20 °C (68 °F) or less at 101.3 kPa (14.7 psia)) and which— (1) Is known to be so toxic to humans as to pose a hazard to health during transportation, or (2) In the absence of adequate data on human toxicity, is presumed to be toxic to humans becaus… | |||
| 49:49:2.1.1.3.10.4.25.10 | 49 | Transportation | I | C | 173 | PART 173—SHIPPERS—GENERAL REQUIREMENTS FOR SHIPMENTS AND PACKAGINGS | D | Subpart D—Definitions Classification, Packing Group Assignments and Exceptions for Hazardous Materials Other Than Class 1 and Class 7 | § 173.129 [Reserved] | PHMSA | |||||
| 49:49:2.1.1.3.10.4.25.11 | 49 | Transportation | I | C | 173 | PART 173—SHIPPERS—GENERAL REQUIREMENTS FOR SHIPMENTS AND PACKAGINGS | D | Subpart D—Definitions Classification, Packing Group Assignments and Exceptions for Hazardous Materials Other Than Class 1 and Class 7 | § 173.132 Class 6, Division 6.1—Definitions. | PHMSA | [Amdt. 173-224, 55 FR 52634, Dec. 21, 1990, as amended at 56 FR 66268, Dec. 20, 1991; Amdt. 173-234, 58 FR 51532, Oct. 1, 1993; Amdt. 173-261, 62 FR 24732, May 6, 1997; 62 FR 45702, Aug. 28, 1997; 65 FR 58629, Sept. 29, 2000; 66 FR 45379, 45382, Aug. 28, 2001; 69 FR 76155, Dec. 20, 2004; 72 FR 55692, Oct. 1, 2007; 76 FR 43529, July 20, 2011] | (a) For the purpose of this subchapter, poisonous material (Division 6.1) means a material, other than a gas, which is known to be so toxic to humans as to afford a hazard to health during transportation, or which, in the absence of adequate data on human toxicity: (1) Is presumed to be toxic to humans because it falls within any one of the following categories when tested on laboratory animals (whenever possible, animal test data that has been reported in the chemical literature should be used): (i) Oral Toxicity. A liquid or solid with an LD 50 for acute oral toxicity of not more than 300 mg/kg. (ii) Dermal Toxicity. A material with an LD 50 for acute dermal toxicity of not more than 1000 mg/kg. (iii) Inhalation Toxicity. (A) A dust or mist with an LC 50 for acute toxicity on inhalation of not more than 4 mg/L; or (B) A material with a saturated vapor concentration in air at 20 °C (68 °F) greater than or equal to one-fifth of the LC 50 for acute toxicity on inhalation of vapors and with an LC 50 for acute toxicity on inhalation of vapors of not more than 5000 mL/m 3 ; or (2) Is an irritating material, with properties similar to tear gas, which causes extreme irritation, especially in confined spaces. (b) For the purposes of this subchapter— (1) LD 50 (median lethal dose) for acute oral toxicity is the statistically derived single dose of a substance that can be expected to cause death within 14 days in 50% of young adult albino rats when administered by the oral route. The LD 50 value is expressed in terms of mass of test substance per mass of test animal (mg/kg). (2) LD 50 for acute dermal toxicity means that dose of the material which, administered by continuous contact for 24 hours with the shaved intact skin (avoiding abrading) of an albino rabbit, causes death within 14 days in half of the animals tested. The number of animals tested must be sufficient to give statistically valid results and be in conformity with good pharmacological practices. The result is expressed in mg/kg bod… | |||
| 49:49:2.1.1.3.10.4.25.12 | 49 | Transportation | I | C | 173 | PART 173—SHIPPERS—GENERAL REQUIREMENTS FOR SHIPMENTS AND PACKAGINGS | D | Subpart D—Definitions Classification, Packing Group Assignments and Exceptions for Hazardous Materials Other Than Class 1 and Class 7 | § 173.133 Assignment of packing group and hazard zones for Division 6.1 materials. | PHMSA | [Amdt. 173-224, 55 FR 52634, Dec. 21, 1990, as amended at 56 FR 66268, Dec. 20, 1991; 57 FR 45461, Oct. 1, 1992; Amdt. 173-234, 58 FR 51532, Oct. 1, 1993; Amdt. 173-138, 59 FR 49133, Sept. 26, 1994; Amdt. 173-255, 61 FR 50626, Sept. 26, 1996; 66 FR 45183, 45380, Aug. 28, 2001; 66 FR 49556, Sept. 28, 2001; 69 FR 54046, Sept. 7, 2004; 71 FR 54395, Sept. 14, 2006; 71 FR 78631, Dec. 29, 2006; 74 FR 53188, Oct. 16, 2009; 76 FR 43529, July 20, 2011] | (a) The packing group of Division 6.1 materials shall be as assigned in column 5 of the § 172.101 table. When the § 172.101 table provides more than one packing group or hazard zone for a hazardous material, the packing group and hazard zone shall be determined by applying the following criteria: (1) The packing group assignment for routes of administration other than inhalation of vapors shall be in accordance with the following table: (2)(i) The packing group and hazard zone assignments for liquids (see § 173.115(c) of this subpart for gases) based on inhalation of vapors shall be in accordance with the following table: Note 1: V is the saturated vapor concentration in air of the material in mL/m 3 at 20 °C and standard atmospheric pressure. Note 2: A liquid in Division 6.1 meeting criteria for Packing Group I, Hazard Zones A or B stated in paragraph (a)(2) of this section is a material poisonous by inhalation subject to the additional hazard communication requirements in §§ 172.203(m), 172.313 and table 1 of § 172.504(e) of this subchapter. (ii) These criteria are represented graphically in Figure 1: (3) When the packing group determined by applying these criteria is different for two or more (oral, dermal or inhalation) routes of administration, the packing group assigned to the material shall be that indicated for the highest degree of toxicity for any of the routes of administration. (4) Notwithstanding the provisions of this paragraph, the packing group and hazard zone of a tear gas substance is as assigned in column 5 of the § 172.101 table. (b) The packing group and hazard zone for Division 6.1 mixtures that are poisonous (toxic) by inhalation may be determined by one of the following methods: (1) Where LC 50 data is available on each of the poisonous (toxic) substances comprising the mixture— (i) The LC 50 of the mixture is estimated using the formula: where f i = mole fraction of the i th component substance of the liquid. LC 50 i = mean lethal concentration of the i th com… | |||
| 49:49:2.1.1.3.10.4.25.13 | 49 | Transportation | I | C | 173 | PART 173—SHIPPERS—GENERAL REQUIREMENTS FOR SHIPMENTS AND PACKAGINGS | D | Subpart D—Definitions Classification, Packing Group Assignments and Exceptions for Hazardous Materials Other Than Class 1 and Class 7 | § 173.134 Class 6, Division 6.2—Definitions and exceptions. | PHMSA | [67 FR 53138, Aug. 14, 2002, as amended at 68 FR 57632, Oct. 6, 2003; 70 FR 56098, Sept. 23, 2005; 71 FR 32258, June 2, 2006; 71 FR 78631, Dec. 29, 2006; 72 FR 55692, Oct. 1, 2007; 73 FR 4718, Jan. 28, 2008; 74 FR 2257, Jan. 14, 2009; 76 FR 43530, July 20, 2011; 77 FR 60942, Oct. 5, 2012; 78 FR 15327, Mar. 11, 2013; 85 FR 27880, May 11, 2020; 85 FR 83397, Dec. 21, 2020; 87 FR 44992, July 26, 2022] | (a) Definitions and classification criteria. For the purposes of this subchapter, the following definitions and classification criteria apply to Division 6.2 materials. (1) Division 6.2 (Infectious substance) means a material known or reasonably expected to contain a pathogen. A pathogen is a microorganism (including bacteria, viruses, parasites, and fungi) or other agent, such as a proteinaceous infectious particle (prion) that can cause disease in humans or animals. An infectious substance must be assigned the identification number UN2814, UN2900, UN3291, UN3373, or UN3549 as appropriate, and must be assigned to one of the following categories: (i) Category A: An infectious substance in a form capable of causing permanent disability or life-threatening or fatal disease in otherwise healthy humans or animals when exposure to it occurs. An exposure occurs when an infectious substance is released outside of its protective packaging, resulting in physical contact with humans or animals. A Category A infectious substance must be assigned to identification number UN2814, UN2900, or UN3549, as appropriate. Assignment to UN2814, UN2900, or UN3549 must be based on the known medical history or symptoms of the source patient or animal, endemic local conditions, or professional judgment concerning the individual circumstances of the source human or animal. (ii) Category B: An infectious substance that is not in a form generally capable of causing permanent disability or life-threatening or fatal disease in otherwise healthy humans or animals when exposure to it occurs. This includes Category B infectious substances transported for diagnostic or investigational purposes. A Category B infectious substance must be described as “Biological substance, Category B” and assigned identification number UN3373. This does not include regulated medical waste, which must be assigned identification number UN3291. (2) Biological product means a virus, therapeutic serum, toxin, antitoxin, vaccine, blood, blood component or de… | |||
| 49:49:2.1.1.3.10.4.25.14 | 49 | Transportation | I | C | 173 | PART 173—SHIPPERS—GENERAL REQUIREMENTS FOR SHIPMENTS AND PACKAGINGS | D | Subpart D—Definitions Classification, Packing Group Assignments and Exceptions for Hazardous Materials Other Than Class 1 and Class 7 | § 173.136 Class 8—Definitions. | PHMSA | [Amdt. 173-224, 55 FR 52634, Dec. 21, 1990, as amended at 56 FR 66270, Dec. 20, 1991; Amdt. 173-234, 58 FR 51532, Oct. 1, 1993; Amdt. 173-241, 59 FR 67508, Dec. 29, 1994; Amdt. 173-261, 62 FR 24732, May 6, 1997; 69 FR 76155, Dec. 20, 2004; 71 FR 78631, Dec. 29, 2006; 76 FR 3372, Jan. 19, 2011; 85 FR 27880, May 11, 2020] | (a) For the purpose of this subchapter, “corrosive material” (Class 8) means a liquid or solid that causes irreversible damage to human skin at the site of contact within a specified period of time. A liquid, or a solid which may become liquid during transportation, that has a severe corrosion rate on steel or aluminum based on the criteria in § 173.137(c)(2) is also a corrosive material. Whenever practical, in vitro test methods authorized in § 173.137 of this part or historical data authorized in paragraph (c) of this section should be used to determine whether a material is corrosive. (b) If human experience or other data indicate that the hazard of a material is greater or less than indicated by the results of the tests specified in paragraph (a) of this section, PHMSA may revise its classification or make the determination that the material is not subject to the requirements of this subchapter. (c) Skin corrosion test data produced no later than September 30, 1995, using the procedures of part 173, appendix A, in effect on September 30, 1995 (see 49 CFR part 173, appendix A, revised as of October 1, 1994) for appropriate exposure times may be used for classification and assignment of packing group for Class 8 materials corrosive to skin. | |||
| 49:49:2.1.1.3.10.4.25.15 | 49 | Transportation | I | C | 173 | PART 173—SHIPPERS—GENERAL REQUIREMENTS FOR SHIPMENTS AND PACKAGINGS | D | Subpart D—Definitions Classification, Packing Group Assignments and Exceptions for Hazardous Materials Other Than Class 1 and Class 7 | § 173.137 Class 8—Assignment of packing group. | PHMSA | [85 FR 27880, May 11, 2020, as amended at 87 FR 44993, July 26, 2022; 89 FR 25477, Apr. 10, 2024] | The packing group of a Class 8 material is indicated in Column 5 of the table to § 172.101 (of this subchapter). When the table to § 172.101 provides more than one packing group for a Class 8 material, the packing group must be determined using data obtained from tests conducted in accordance with the OECD Guidelines for the Testing of Chemicals, Test No. 435, “ In Vitro Membrane Barrier Test Method for Skin Corrosion” (IBR, see § 171.7 of this subchapter); or Test No. 404, “Acute Dermal Irritation/Corrosion” (IBR, see § 171.7 of this subchapter). Alternatively, a substance or mixture may be considered not corrosive to human skin for the purposes of this subchapter following testing in accordance with OECD Guideline for the Testing of Chemicals Test No. 430, “ In Vitro Skin Corrosion: Transcutaneous Electrical Resistance test (TER)” (IBR, see § 171.7 of this subchapter); Test No. 431, “ In Vitro Skin Corrosion: Reconstructed Human Epidermis (RHE) Test Method” (IBR, see § 171.7 of this subchapter); or Test No. 439, “ In Vitro Skin Irritation: Reconstructed Human Epidermis Test Method” (IBR, see § 171.7 of this subchapter). However, if the substance or mixture is determined to be corrosive in accordance with Test No. 430 or Test No. 439, the material may be assigned to Packing Group I, or must be further tested using Test No. 435 or Test No. 404 to determine the packaging group assignment. If the results of Test No. 431 indicate that the substance or mixture is corrosive, but the test method does not clearly distinguish between assignment of Packing Groups II and III, the material must be assigned to Packing Group II unless further testing is performed. The packing group assignment using data obtained from tests conducted in accordance with OECD Guideline Test No. 404 must be as follows: (a) Packing Group I. Materials that cause irreversible damage to intact skin tissue within an observation period of up to 60 minutes, starting after the exposure time of three minutes or less. (b) Packing Group I… | |||
| 49:49:2.1.1.3.10.4.25.16 | 49 | Transportation | I | C | 173 | PART 173—SHIPPERS—GENERAL REQUIREMENTS FOR SHIPMENTS AND PACKAGINGS | D | Subpart D—Definitions Classification, Packing Group Assignments and Exceptions for Hazardous Materials Other Than Class 1 and Class 7 | § 173.140 Class 9—Definitions. | PHMSA | [Amdt. 173-224, 57 FR 45463, Oct. 1, 1992, as amended by Amdt. 173-231, 57 FR 52939, Nov. 5, 1992; Amdt. 173-233, 58 FR 33305, June 16, 1993] | For the purposes of this subchapter, miscellaneous hazardous material (Class 9) means a material which presents a hazard during transportation but which does not meet the definition of any other hazard class. This class includes: (a) Any material which has an anesthetic, noxious or other similar property which could cause extreme annoyance or discomfort to a flight crew member so as to prevent the correct performance of assigned duties; or (b) Any material that meets the definition in § 171.8 of this subchapter for an elevated temperature material, a hazardous substance, a hazardous waste, or a marine pollutant. | |||
| 49:49:2.1.1.3.10.4.25.17 | 49 | Transportation | I | C | 173 | PART 173—SHIPPERS—GENERAL REQUIREMENTS FOR SHIPMENTS AND PACKAGINGS | D | Subpart D—Definitions Classification, Packing Group Assignments and Exceptions for Hazardous Materials Other Than Class 1 and Class 7 | § 173.141 Class 9—Assignment of packing group. | PHMSA | The packing group of a Class 9 material is as indicated in column 5 of the § 172.101 table. | ||||
| 49:49:2.1.1.3.10.4.25.18 | 49 | Transportation | I | C | 173 | PART 173—SHIPPERS—GENERAL REQUIREMENTS FOR SHIPMENTS AND PACKAGINGS | D | Subpart D—Definitions Classification, Packing Group Assignments and Exceptions for Hazardous Materials Other Than Class 1 and Class 7 | § 173.144-173.145 [Reserved] | PHMSA | |||||
| 49:49:2.1.1.3.10.4.25.19 | 49 | Transportation | I | C | 173 | PART 173—SHIPPERS—GENERAL REQUIREMENTS FOR SHIPMENTS AND PACKAGINGS | D | Subpart D—Definitions Classification, Packing Group Assignments and Exceptions for Hazardous Materials Other Than Class 1 and Class 7 | § 173.150 Exceptions for Class 3 (flammable and combustible liquids). | PHMSA | [Amdt. 173-224, 55 FR 52634, Dec. 21, 1990] | (a) General. Exceptions for hazardous materials shipments in the following paragraphs are permitted only if this section is referenced for the specific hazardous material in the § 172.101 Table of this subchapter. (b) Limited quantities. Limited quantities of flammable liquids (Class 3) and combustible liquids are excepted from labeling requirements, unless the material is offered for transportation or transported by aircraft, and are excepted from the specification packaging requirements of this subchapter when packaged in combination packagings according to this paragraph. For transportation by aircraft, the package must also conform to applicable requirements of § 173.27 of this part ( e.g., authorized materials, inner packaging quantity limits and closure securement) and only hazardous material authorized aboard passenger-carrying aircraft may be transported as a limited quantity. A limited quantity package that conforms to the provisions of this section is not subject to the shipping paper requirements of subpart C of part 172 of this subchapter, unless the material meets the definition of a hazardous substance, hazardous waste, marine pollutant, or is offered for transportation and transported by aircraft or vessel, and is eligible for the exceptions provided in § 173.156 of this part. In addition, shipments of limited quantities are not subject to subpart F (Placarding) of part 172 of this subchapter. Each package must conform to the packaging requirements of subpart B of this part and may not exceed 30 kg (66 pounds) gross weight. Except for transportation by aircraft, the following combination packagings are authorized: (1) For flammable liquids in Packing Group I, inner packagings not over 0.5 L (0.1 gallon) net capacity each, packed in a strong outer packaging; (2) For flammable liquids in Packing Group II, inner packagings not over 1.0 L (0.3 gallons) net capacity each, packed in a strong outer packaging. (3) For flammable liquids in Packing Group III and combustible liquids, inner packagings… | |||
| 49:49:2.1.1.3.10.4.25.2 | 49 | Transportation | I | C | 173 | PART 173—SHIPPERS—GENERAL REQUIREMENTS FOR SHIPMENTS AND PACKAGINGS | D | Subpart D—Definitions Classification, Packing Group Assignments and Exceptions for Hazardous Materials Other Than Class 1 and Class 7 | § 173.116 Class 2—Assignment of hazard zone. | PHMSA | [Amdt. 173-224, 55 FR 52634, Dec. 21, 1990, as amended at 56 FR 66268, Dec. 20, 1991; Amdt. 173-138, 59 FR 49133, Sept. 26, 1994; 67 FR 61013, Sept. 27, 2002] | (a) The hazard zone of a Class 2, Division 2.3 material is assigned in column 7 of the § 172.101 table. There are no hazard zones for Divisions 2.1 and 2.2. When the § 172.101 table provides more than one hazard zone for a Division 2.3 material, or indicates that the hazard zone be determined on the basis of the grouping criteria for Division 2.3, the hazard zone shall be determined by applying the following criteria: (b) The criteria specified in paragraph (a) of this section are represented graphically in § 173.133, Figure 1. | |||
| 49:49:2.1.1.3.10.4.25.20 | 49 | Transportation | I | C | 173 | PART 173—SHIPPERS—GENERAL REQUIREMENTS FOR SHIPMENTS AND PACKAGINGS | D | Subpart D—Definitions Classification, Packing Group Assignments and Exceptions for Hazardous Materials Other Than Class 1 and Class 7 | § 173.151 Exceptions for Class 4. | PHMSA | [Amdt. 173-224, 55 FR 52634, Dec. 21, 1990] | (a) General. Exceptions for hazardous materials shipments in the following paragraphs are permitted only if this section is referenced for the specific hazardous material in the § 172.101 table of this subchapter. (b) Limited quantities of Division 4.1. (1) Limited quantities of flammable solids (Division 4.1) in Packing Groups II and III and, where authorized by this section, charcoal briquettes (Division 4.2) in Packing Group III, are excepted from labeling requirements unless the material is offered for transportation or transported by aircraft, and are excepted from the specification packaging requirements of this subchapter when packaged in combination packagings according to this paragraph. If authorized for transportation by aircraft, the package must also conform to applicable requirements of § 173.27 of this part ( e.g., authorized materials, inner packaging quantity limits and closure securement) and only hazardous material authorized aboard passenger-carrying aircraft may be transported as a limited quantity. A limited quantity package that conforms to the provisions of this section is not subject to the shipping paper requirements of subpart C of part 172 of this subchapter, unless the material meets the definition of a hazardous substance, hazardous waste, marine pollutant, or is offered for transportation and transported by aircraft or vessel, and is eligible for the exceptions provided in § 173.156 of this part. In addition, shipments of limited quantities are not subject to subpart F (Placarding) of part 172 of this subchapter. Each package must conform to the packaging requirements of subpart B of this part and may not exceed 30 kg (66 pounds) gross weight. Except for transportation by aircraft, the following combination packagings are authorized: (i) For flammable solids in Packing Group II, inner packagings not over 1.0 kg (2.2 pounds) or 1 L (0.3 gallon) net capacity each, packed in a strong outer packaging. (ii) For flammable solids in Packing Group III, inner packagings not over 5.0 … | |||
| 49:49:2.1.1.3.10.4.25.21 | 49 | Transportation | I | C | 173 | PART 173—SHIPPERS—GENERAL REQUIREMENTS FOR SHIPMENTS AND PACKAGINGS | D | Subpart D—Definitions Classification, Packing Group Assignments and Exceptions for Hazardous Materials Other Than Class 1 and Class 7 | § 173.152 Exceptions for Division 5.1 (oxidizers) and Division 5.2 (organic peroxides). | PHMSA | [Amdt. 173-224, 55 FR 52634, Dec. 21, 1990, as amended by Amdt. 173-231, 57 FR 52940, Nov. 5, 1992; Amdt. 173-241, 59 FR 67508, Dec. 29, 1994; Amdt. 173-261, 62 FR 24733, May 6, 1997; 66 FR 45381, Aug. 28, 2001; 68 FR 45033, July 31, 2003; 69 FR 76156, Dec. 20, 2004; 71 FR 14603, Mar. 22, 2006; 72 FR 55692, Oct. 1, 2007; 76 FR 3374, Jan. 19, 2011; 78 FR 1114, Jan. 7, 2013; 81 FR 18539, Mar. 31, 2016; 87 FR 79776, Dec. 27, 2022] | (a) General. Exceptions for hazardous materials shipments in the following paragraphs are permitted only if this section is referenced for the specific hazardous material in the § 172.101 table of this subchapter. (b) Limited quantities. Limited quantities of oxidizers (Division 5.1) in Packing Group II and III and organic peroxides (Division 5.2) are excepted from labeling requirements, unless the material is offered for transportation or transported by aircraft, and are excepted from the specification packaging requirements of this subchapter when packaged in combination packagings according to this paragraph. For transportation by aircraft, the package must also conform to applicable requirements of § 173.27 of this part ( e.g., authorized materials, inner packaging quantity limits and closure securement) and only hazardous material authorized aboard passenger-carrying aircraft may be transported as a limited quantity. A limited quantity package that conforms to the provisions of this section is not subject to the shipping paper requirements of subpart C of part 172 of this subchapter, unless the material meets the definition of a hazardous substance, hazardous waste, marine pollutant, or is offered for transportation and transported by aircraft or vessel, and is eligible for the exceptions provided in § 173.156 of this part. In addition, shipments of limited quantities are not subject to subpart F (Placarding) of part 172 of this subchapter. Each package must conform to the packaging requirements of subpart B of this part and may not exceed 30 kg (66 pounds) gross weight. Except for transportation by aircraft, the following combination packagings are authorized: (1) For oxidizers in Packing Group II, inner packagings not over 1.0 L (0.3 gallon) net capacity each for liquids or not over 1.0 kg (2.2 pounds) net capacity each for solids, packed in a strong outer packaging. (2) For oxidizers in Packing Group III, inner packagings not over 5 L (1.3 gallons) net capacity each for liquids or not over 5.0 kg … | |||
| 49:49:2.1.1.3.10.4.25.22 | 49 | Transportation | I | C | 173 | PART 173—SHIPPERS—GENERAL REQUIREMENTS FOR SHIPMENTS AND PACKAGINGS | D | Subpart D—Definitions Classification, Packing Group Assignments and Exceptions for Hazardous Materials Other Than Class 1 and Class 7 | § 173.153 Exceptions for Division 6.1 (poisonous materials). | PHMSA | [Amdt. 173-224, 55 FR 52634, Dec. 21, 1990, as amended by Amdt. 173-231, 57 FR 52940, Nov. 5, 1992; 66 FR 45381, Aug. 28, 2001; 68 FR 45033, July 31, 2003; 69 FR 76156, Dec. 20, 2004; 71 FR 14603, Mar. 22, 2006; 71 FR 54938, Sept. 20, 2006; 76 FR 3374, Jan. 19, 2011; 78 FR 1114, Jan. 7, 2013; 81 FR 18539, Mar. 31, 2016; 87 FR 79776, Dec. 27, 2022] | (a) General. Exceptions for hazardous materials shipments in the following paragraphs are permitted only if this section is referenced for the specific hazardous material in the § 172.101 table of this subchapter. (b) Limited quantities. The exceptions in this paragraph do not apply to poison-by-inhalation materials. Limited quantities of poisonous material (Division 6.1) in Packing Groups II and III are excepted from the labeling requirements, unless the material is offered for transportation or transported by aircraft, and are excepted from the specification packaging requirements of this subchapter when packaged in combination packagings according to this paragraph. For transportation by aircraft, the package must also conform to applicable requirements of § 173.27 of this part ( e.g., authorized materials, inner packaging quantity limits and closure securement) and only hazardous material authorized aboard passenger-carrying aircraft may be transported as a limited quantity. A limited quantity package that conforms to the provisions of this section is not subject to the shipping paper requirements of subpart C of part 172 of this subchapter, unless the material meets the definition of a hazardous substance, hazardous waste, marine pollutant, or is offered for transportation and transported by aircraft or vessel, and is eligible for the exceptions provided in § 173.156 of this part. In addition, shipments of limited quantities are not subject to subpart F (Placarding) of part 172 of this subchapter. Each package must conform to the packaging requirements of subpart B of this part and may not exceed 30 kg (66 pounds) gross weight. Except for transportation by aircraft, the following combination packagings are authorized: (1) For poisonous materials in Packing Group II, inner packagings not over 100 mL (3.38 ounces) each for liquids or 0.5 kg (1.1 pounds) each for solids, packed in a strong outer packaging. Inner packagings containing a liquid poisonous material which is also a drug or medicine in Packing… | |||
| 49:49:2.1.1.3.10.4.25.23 | 49 | Transportation | I | C | 173 | PART 173—SHIPPERS—GENERAL REQUIREMENTS FOR SHIPMENTS AND PACKAGINGS | D | Subpart D—Definitions Classification, Packing Group Assignments and Exceptions for Hazardous Materials Other Than Class 1 and Class 7 | § 173.154 Exceptions for Class 8 (corrosive materials). | PHMSA | [Amdt. 173-224, 55 FR 52634, Dec. 21, 1990, as amended at 56 FR 66270, Dec. 20, 1991; 57 FR 45463, Oct. 1, 1992; Amdt. 173-231, 57 FR 52940, Nov. 5, 1992; 68 FR 45033, July 31, 2003; 69 FR 76157, Dec. 20, 2004; 71 FR 14603, Mar. 22, 2006; 72 FR 55693, Oct. 1, 2007; 76 FR 3374, Jan. 19, 2011; ; 78 FR 1114, Jan. 7, 2013; 81 FR 18539, Mar. 31, 2016; 87 FR 79776, Dec. 27, 2022] | (a) General. Exceptions for hazardous materials shipments in the following paragraphs are permitted only if this section is referenced for the specific hazardous material in the § 172.101 table of this subchapter. (b) Limited quantities. Limited quantities of corrosive material (Class 8) in Packing Groups II and III are excepted from labeling requirements, unless the material is offered for transportation or transported by aircraft, and are excepted from the specification packaging requirements of this subchapter when packaged in combination packagings according to this paragraph. For transportation by aircraft, the package must also conform to the applicable requirements of § 173.27 of this part ( e.g., authorized materials, inner packaging quantity limits and closure securement) and only hazardous material authorized aboard passenger-carrying aircraft may be transported as a limited quantity. A limited quantity package that conforms to the provisions of this section is not subject to the shipping paper requirements of subpart C of part 172 of this subchapter, unless the material meets the definition of a hazardous substance, hazardous waste, marine pollutant, or is offered for transportation and transported by aircraft or vessel, and is eligible for the exceptions provided in § 173.156 of this part. In addition, shipments of limited quantities are not subject to subpart F (Placarding) of part 172 of this subchapter. Each package must conform to the packaging requirements of subpart B of this part and may not exceed 30 kg (66 pounds) gross weight. Except for transportation by aircraft, the following combination packagings are authorized: (1) For corrosive materials in Packing Group II, inner packagings not over 1.0 L (0.3 gallon) net capacity each for liquids or not over 1.0 kg (2.2 pounds) net capacity each for solids, packed in a strong outer packaging. (2) For corrosive materials in Packing Group III, inner packagings not over 5.0 L (1.3 gallons) net capacity each for liquids or not over 5.0 kg (11 lb… | |||
| 49:49:2.1.1.3.10.4.25.24 | 49 | Transportation | I | C | 173 | PART 173—SHIPPERS—GENERAL REQUIREMENTS FOR SHIPMENTS AND PACKAGINGS | D | Subpart D—Definitions Classification, Packing Group Assignments and Exceptions for Hazardous Materials Other Than Class 1 and Class 7 | § 173.155 Exceptions for Class 9 (miscellaneous hazardous materials). | PHMSA | [Amdt. 173-224, 55 FR 52634, Dec. 21, 1990, as amended at 56 FR 66270, Dec. 20, 1991; Amdt. 173-231, 57 FR 52940, Nov. 5, 1992; Amdt. 173-253, 61 FR 27174, May 30, 1996; 71 FR 14603, Mar. 22, 2006; 76 FR 3375, Jan. 19, 2011; 78 FR 1114, Jan. 7, 2013; 81 FR 18540, Mar. 31, 2016; 87 FR 79776, Dec. 27, 2022] | (a) General. Exceptions for hazardous materials shipments in the following paragraphs are permitted only if this section is referenced for the specific hazardous material in the § 172.101 table of this subchapter. (b) Limited quantities of Class 9 materials. Limited quantities of miscellaneous hazardous materials in Packing Groups II and III are excepted from labeling requirements, unless the material is offered for transportation or transported by aircraft, and are excepted from the specification packaging requirements of this subchapter when packaged in combination packagings according to this paragraph. Unless otherwise specified in paragraph (c) of this section, packages of limited quantities intended for transportation by aircraft must conform to the applicable requirements ( e.g., authorized materials, inner packaging quantity limits and closure securement) of § 173.27 of this part. A limited quantity package that conforms to the provisions of this section is not subject to the shipping paper requirements of subpart C of part 172 of this subchapter, unless the material meets the definition of a hazardous substance, hazardous waste, marine pollutant, or is offered for transportation and transported by aircraft or vessel, and is eligible for the exceptions provided in § 173.156 of this part. In addition, packages of limited quantities are not subject to subpart F (Placarding) of part 172 of this subchapter. Each package must conform to the packaging requirements of subpart B of this part and may not exceed 30 kg (66 pounds) gross weight. Except for transportation by aircraft, the following combination packagings are authorized: (1) For miscellaneous materials in Packing Group II, inner packagings not over 1.0 L (0.3 gallon) net capacity each for liquids or not over 1.0 kg (2.2 pounds) net capacity each for solids, packed in a strong outer packaging. (2) For miscellaneous materials in Packing Group III, inner packagings not over 5.0 L (1.3 gallons) net capacity each for liquids or not over 5.0 kg (11 l… | |||
| 49:49:2.1.1.3.10.4.25.25 | 49 | Transportation | I | C | 173 | PART 173—SHIPPERS—GENERAL REQUIREMENTS FOR SHIPMENTS AND PACKAGINGS | D | Subpart D—Definitions Classification, Packing Group Assignments and Exceptions for Hazardous Materials Other Than Class 1 and Class 7 | § 173.156 Exceptions for limited quantity materials. | PHMSA | [78 FR 1114, Jan. 7, 2013, as amended at 78 FR 65481, Oct. 31, 2013; 80 FR 72924, Nov. 23, 2015; 81 FR 3673, Jan. 21, 2016; 83 FR 55809, Nov. 7, 2018; 87 FR 79776, Dec. 27, 2022] | (a) Applicability. Exceptions for hazardous materials shipments in the following paragraphs are permitted only if this section is referenced for the specific hazardous material in the § 172.101 Table or in a packaging section in this part. (b) Additional packaging exceptions. Packagings for limited quantity materials are specified according to hazard class in §§ 173.150 through 173.155, 173.306, and 173.309(b). In addition to exceptions provided for limited quantity materials elsewhere in this part, the following are provided: (1) Strong outer packagings as specified in this part, marking requirements specified in subpart D of part 172 of this subchapter, and the 30 kg (66 pounds) gross weight limitation when— (i) Unitized in cages, carts, boxes or similar overpacks; (ii) Offered for transportation or transported by: (A) Rail; (B) Private or contract motor carrier; or (C) Common carrier in a vehicle under exclusive use for such service; and (iii) Transported to or from a manufacturer, a distribution center, or a retail outlet, or transported to a disposal facility from one offeror. (2) The 30 kg (66 pounds) gross weight limitation does not apply to packages of limited quantity materials marked in accordance with § 172.315 of this subchapter when offered for transportation or transported by highway or rail between a manufacturer, a distribution center, and a retail outlet provided— (i) Inner packagings conform to the quantity limits for inner packagings specified in §§ 173.150(b), 173.152(b), 173.154(b), 173.155(b), 173.306(a) and (b), and 173.309(b), as appropriate; (ii) The inner packagings are packed into corrugated fiberboard trays to prevent them from moving freely; (iii) The trays are placed in a fiberboard box which is banded and secured to a metal, plastic, composite, or wooden pallet by metal, fabric, or plastic straps, to form a single palletized unit. Hazardous materials should be compatible with the pallet material; (iv) The package conforms to the general packaging requirements of sub… | |||
| 49:49:2.1.1.3.10.4.25.26 | 49 | Transportation | I | C | 173 | PART 173—SHIPPERS—GENERAL REQUIREMENTS FOR SHIPMENTS AND PACKAGINGS | D | Subpart D—Definitions Classification, Packing Group Assignments and Exceptions for Hazardous Materials Other Than Class 1 and Class 7 | § 173.157 Reverse logistics—General requirements and exceptions for reverse logistics. | PHMSA | [81 FR 18540, Mar. 31, 2016] | (a) Authorized hazardous materials. Hazardous materials may be offered for transport and transported in highway transportation under this section when they meet the definition of reverse logistics as defined under § 171.8 of this subchapter. However, hazardous materials that meet the definition of a hazardous waste as defined in § 171.8 of this subchapter are not permitted to be offered for transport or transported under this section. Hazardous materials authorized for transport according to a special permit as defined in § 171.8 of this subchapter must be offered for transportation and transported as authorized by the special permit. (b) When offered for transport or transported by non-private carrier. Hazardous materials must be both authorized for limited quantity provisions as well as explicitly authorized for reverse logistics transportation under their applicable limited quantities section. Except for alternative training provisions authorized under paragraph (e) of this section, all hazardous materials must otherwise meet the requirements for a limited quantity shipment. (c) When offered for transport or transported by private carrier. Hazardous materials are authorized under paragraph (b) of this section or are subject to the following limitations: (1) Division 1.4G materials offered for transport and transported in accordance with § 173.65 of this subchapter. (2) When sold in retail facilities; Division 1.4G or 1.4S fireworks, Division 1.4G ammunition, or Division 1.4G or 1.4S flares. Shipments offered for transport or transported under this subparagraph are limited to 30 kg (66 pounds) per package. All explosive materials subject to an approval must meet the terms of the approval, including packaging required by the approval. (3) Equipment powered by flammable liquids or flammable gases. (i) Flammable liquid-powered equipment. The fuel tank and fuel lines of equipment powered by an internal combustion engine must be in the closed position, and all fuel tank caps or closures must be securel… | |||
| 49:49:2.1.1.3.10.4.25.3 | 49 | Transportation | I | C | 173 | PART 173—SHIPPERS—GENERAL REQUIREMENTS FOR SHIPMENTS AND PACKAGINGS | D | Subpart D—Definitions Classification, Packing Group Assignments and Exceptions for Hazardous Materials Other Than Class 1 and Class 7 | §§ 173.117-173.119 [Reserved] | PHMSA | |||||
| 49:49:2.1.1.3.10.4.25.4 | 49 | Transportation | I | C | 173 | PART 173—SHIPPERS—GENERAL REQUIREMENTS FOR SHIPMENTS AND PACKAGINGS | D | Subpart D—Definitions Classification, Packing Group Assignments and Exceptions for Hazardous Materials Other Than Class 1 and Class 7 | § 173.120 Class 3—Definitions. | PHMSA | [Amdt. 173-224, 55 FR 52634 Dec. 21, 1990, as amended by Amdt. 173-227, 56 FR 49989, Oct. 2, 1991; 56 FR 66268, Dec. 20, 1991; 57 FR 45461, Oct. 1, 1992; Amdt. 173-241, 59 FR 67506, 67507, Dec. 29, 1994; Amdt. 173-255, 61 FR 50625, Sept. 26, 1996; Amdt. 173-261, 62 FR 24731, May 6, 1997; 66 FR 45379, 45381, Aug. 28, 2001; 68 FR 75743, Dec. 31, 2003; 71 FR 78631, Dec. 29, 2006; 76 FR 3371, Jan. 19, 2011; 76 FR 43529, July 20, 2011; 76 FR 56316, Sept. 13, 2011] | (a) Flammable liquid. For the purpose of this subchapter, a flammable liquid (Class 3) means a liquid having a flash point of not more than 60 °C (140 °F), or any material in a liquid phase with a flash point at or above 37.8 °C (100 °F) that is intentionally heated and offered for transportation or transported at or above its flash point in a bulk packaging, with the following exceptions: (1) Any liquid meeting one of the definitions specified in § 173.115. (2) Any mixture having one or more components with a flash point of 60 °C (140 °F) or higher, that make up at least 99 percent of the total volume of the mixture, if the mixture is not offered for transportation or transported at or above its flash point. (3) Any liquid with a flash point greater than 35 °C (95 °F) that does not sustain combustion according to ASTM D 4206 (IBR, see § 171.7 of this subchapter) or the procedure in appendix H of this part. (4) Any liquid with a flash point greater than 35 °C (95 °F) and with a fire point greater than 100 °C (212 °F) according to ISO 2592 (IBR, see § 171.7 of this subchapter). (5) Any liquid with a flash point greater than 35 °C (95 °F) which is in a water-miscible solution with a water content of more than 90 percent by mass. (b) Combustible liquid. (1) For the purpose of this subchapter, a combustible liquid means any liquid that does not meet the definition of any other hazard class specified in this subchapter and has a flash point above 60 °C (140 °F) and below 93 °C (200 °F). (2) A flammable liquid with a flash point at or above 38 °C (100 °F) that does not meet the definition of any other hazard class may be reclassed as a combustible liquid. This provision does not apply to transportation by vessel or aircraft, except where other means of transportation is impracticable. An elevated temperature material that meets the definition of a Class 3 material because it is intentionally heated and offered for transportation or transported at or above its flash point may not be reclassed as a combustib… | |||
| 49:49:2.1.1.3.10.4.25.5 | 49 | Transportation | I | C | 173 | PART 173—SHIPPERS—GENERAL REQUIREMENTS FOR SHIPMENTS AND PACKAGINGS | D | Subpart D—Definitions Classification, Packing Group Assignments and Exceptions for Hazardous Materials Other Than Class 1 and Class 7 | § 173.121 Class 3—Assignment of packing group. | PHMSA | [Amdt. 173-224, 55 FR 52634, Dec. 21, 1990] | (a)(1) The packing group of a Class 3 material is as assigned in column 5 of the § 172.101 Table. When the § 172.101 Table provides more than one packing group for a hazardous material, the packing group must be determined by applying the following criteria: (2) The initial boiling point of a Class 3 material may be determined by using one of the following test methods: (i) Standard Test Method for Distillation of Petroleum Products at Atmospheric Pressure (ASTM D 86) (IBR; see § 171.7 of this subchapter); (ii) Standard Test Method for Distillation Range of Volatile Organic Liquids (ASTM D 1078) (IBR; see § 171.7 of this subchapter); (iii) Petroleum Products—Determination of Distillation Characteristics at Atmospheric Pressure (ISO 3405) (IBR; see § 171.7 of this subchapter); (iv) Petroleum Products—Determination of Boiling Range Distribution—Gas Chromatography Method (ISO 3924) (IBR; see § 171.7 of this subchapter); (v) Volatile Organic Liquids—Determination of Boiling Range of Organic Solvents Used as Raw Materials (ISO 4626) (IBR; see § 171.7 of this subchapter); or (vi) Petroleum products containing known flammable gases—Standard Test Method for Determination of Light Hydrocarbons in Stabilized Crude Oils by Gas Chromatography (ASTM D7900) (IBR; see § 171.7 of this subchapter) where the initial boiling point is the temperature at which 0.5 weight percent is eluted when determining the boiling range distribution. (b) Criteria for inclusion of viscous Class 3 materials in Packing Group III. (1) Viscous Class 3 materials in Packing Group II with a flash point of less than 23 °C (73 °F) may be grouped in Packing Group III provided that— (i) Less than 3 percent of the clear solvent layer separates in the solvent separation test; (ii) The mixture or any separated solvent does not contain any substances with a primary or a subsidiary risk of Division 6.1 or Class 8; (iii) The capacity of the packaging is not more than 450 L (119 gallons); except that for transportation by passenger aircraft, t… | |||
| 49:49:2.1.1.3.10.4.25.6 | 49 | Transportation | I | C | 173 | PART 173—SHIPPERS—GENERAL REQUIREMENTS FOR SHIPMENTS AND PACKAGINGS | D | Subpart D—Definitions Classification, Packing Group Assignments and Exceptions for Hazardous Materials Other Than Class 1 and Class 7 | § 173.124 Class 4, Divisions 4.1, 4.2 and 4.3—Definitions. | PHMSA | [82 FR 15879, Mar. 30, 2017, as amended at 85 FR 27880, May 11, 2020; 89 FR 25477, Apr. 10, 2024] | (a) Division 4.1 (Flammable Solid). For the purposes of this subchapter, flammable solid (Division 4.1) means any of the following four types of materials: (1) Desensitized explosives that— (i) When dry are Explosives of Class 1 other than those of compatibility group A, which are wetted with sufficient water, alcohol, or plasticizer to suppress explosive properties; and (ii) Are specifically authorized by name either in the Hazardous Materials Table in § 172.101 of this subchapter or have been assigned a shipping name and hazard class by the Associate Administrator under the provisions of— (A) A special permit issued under subchapter A of this chapter; or (B) An approval issued under § 173.56(i). (2)(i) Self-reactive materials that are thermally unstable and can undergo an exothermic decomposition even without participation of oxygen (air). A material is excluded from this definition if any of the following applies: (A) The material meets the definition of an explosive as prescribed in subpart C of this part, in which case it must be classed as an explosive; (B) The material is forbidden from being offered for transportation according to § 172.101 of this subchapter or § 173.21; (C) The material meets the definition of an oxidizer or organic peroxide as prescribed in this subpart, in which case it must be so classed; (D) The material meets one of the following conditions: ( 1 ) Its heat of decomposition is less than 300 J/g; or ( 2 ) Its self-accelerating decomposition temperature (SADT) is greater than 75 °C (167 °F) for a 50 kg package; or ( 3 ) It is an oxidizing substance in Division 5.1 containing less than 5.0% combustible organic substances; or (E) The Associate Administrator has determined that the material does not present a hazard which is associated with a Division 4.1 material. (ii) Generic types. Division 4.1 self-reactive materials are assigned to a generic system consisting of seven types. A self-reactive substance identified by technical name in the Self-Reactive Materials Ta… | |||
| 49:49:2.1.1.3.10.4.25.7 | 49 | Transportation | I | C | 173 | PART 173—SHIPPERS—GENERAL REQUIREMENTS FOR SHIPMENTS AND PACKAGINGS | D | Subpart D—Definitions Classification, Packing Group Assignments and Exceptions for Hazardous Materials Other Than Class 1 and Class 7 | § 173.125 Class 4—Assignment of packing group. | PHMSA | [Amdt. 173-224, 55 FR 52634 Dec. 21, 1990, as amended by Amdt. 173-255, 61 FR 50625, Sept. 26, 1996; Amdt. 173-261, 62 FR 24731, May 6, 1997; 62 FR 51560, Oct. 1, 1997; 66 FR 45380, Aug. 28, 2001; 68 FR 75744, Dec. 31, 2003] | (a) The packing group of a Class 4 material is assigned in column (5) of the § 172.101 Table. When the § 172.101 Table provides more than one packing group for a hazardous material, the packing group shall be determined on the basis of test results following test methods given in the UN Manual of Tests and Criteria (IBR, see § 171.7 of this subchapter) and by applying the appropriate criteria given in this section. (b) Packing group criteria for readily combustible materials of Division 4.1 are as follows: (1) Powdered, granular or pasty materials must be classified in Division 4.1 when the time of burning of one or more of the test runs, in accordance with the UN Manual of Tests and Criteria, is less than 45 seconds or the rate of burning is more than 2.2 mm/s. Powders of metals or metal alloys must be classified in Division 4.1 when they can be ignited and the reaction spreads over the whole length of the sample in 10 minutes or less. (2) Packing group criteria for readily combustible materials of Division 4.1 are assigned as follows: (i) For readily combustible solids (other than metal powders), Packing Group II if the burning time is less than 45 seconds and the flame passes the wetted zone. Packing Group II must be assigned to powders of metal or metal alloys if the zone of reaction spreads over the whole length of the sample in 5 minutes or less. (ii) For readily combustible solids (other than metal powders), Packing Group III must be assigned if the burning rate time is less than 45 seconds and the wetted zone stops the flame propagation for at least 4 minutes. Packing Group III must be assigned to metal powders if the reaction spreads over the whole length of the sample in more than 5 minutes but not more than 10 minutes. (c) Packing group criteria for Division 4.2 materials is as follows: (1) Pyrophoric liquids and solids of Division 4.2 are assigned to Packing Group I. (2) A self-heating material is assigned to— (i) Packing Group II, if the material gives a positive test result when tested with… | |||
| 49:49:2.1.1.3.10.4.25.8 | 49 | Transportation | I | C | 173 | PART 173—SHIPPERS—GENERAL REQUIREMENTS FOR SHIPMENTS AND PACKAGINGS | D | Subpart D—Definitions Classification, Packing Group Assignments and Exceptions for Hazardous Materials Other Than Class 1 and Class 7 | § 173.127 Class 5, Division 5.1—Definition and assignment of packing groups. | PHMSA | [Amdt. 173-261, 62 FR 24732, May 6, 1997, as amended at 68 FR 75744, Dec. 31, 2003; 80 FR 1156, Jan. 8, 2015; 80 FR 72924, Nov. 23, 2015; 85 FR 27880, May 11, 2020] | (a) Definition. For the purpose of this subchapter, oxidizer (Division 5.1) means a material that may, generally by yielding oxygen, cause or enhance the combustion of other materials. (1) A solid material, except for solid ammonium nitrate based fertilizer (see paragraph (a)(3) of this section), is classed as a Division 5.1 material if, when tested in accordance with the UN Manual of Tests and Criteria (IBR, see § 171.7 of this subchapter): (i) If test O.1 is used (UN Manual of Tests and Criteria, sub-section 34.4.1), the mean burning time is less than or equal to the burning time of a 3:7 potassium bromate/cellulose mixture; or (ii) If test O.3 is used (UN Manual of Tests and Criteria, sub-section 34.4.3), the mean burning rate is greater than or equal to the burning rate of a 1:2 calcium peroxide/cellulose mixture. (2) A liquid material is classed as a Division 5.1 material if, when tested in accordance with the UN Manual of Tests and Criteria, it spontaneously ignites or its mean time for a pressure rise from 690 kPa to 2070 kPa gauge is less then the time of a 1:1 nitric acid (65 percent)/cellulose mixture. (3) Solid ammonium nitrate-based fertilizers must be classified in accordance with the procedure as set out in the UN Manual of Tests and Criteria, Part III, Section 39. (b) Assignment of packing groups. (1) The packing group of a Division 5.1 material which is a solid shall be assigned using the following criteria: (i) Packing Group I, for any material which, in either concentration tested: (A) If test O.1 is used (UN Manual of Tests and Criteria, sub-section 34.4.1), the mean burning time is less than the mean burning time of a 3:2 potassium bromate/cellulose mixture; or (B) If test O.3 is used (UN Manual of Tests and Criteria, sub-section 34.4.3), the mean burning rate is greater than the mean burning rate of a 3:1 calcium peroxide/cellulose mixture. (ii) Packing Group II, for any material which, in either concentration tested: (A) If test O.1 is used (UN Manual of Tests and Criteria, … | |||
| 49:49:2.1.1.3.10.4.25.9 | 49 | Transportation | I | C | 173 | PART 173—SHIPPERS—GENERAL REQUIREMENTS FOR SHIPMENTS AND PACKAGINGS | D | Subpart D—Definitions Classification, Packing Group Assignments and Exceptions for Hazardous Materials Other Than Class 1 and Class 7 | § 173.128 Class 5, Division 5.2—Definitions and types. | PHMSA | [Amdt. 173-224, 55 FR 52634, Dec. 21, 1990, as amended at 56 FR 66268, Dec. 20, 1991; Amdt. 173-234, 58 FR 51532, Oct. 1, 1993; Amdt. 173-241, 59 FR 67508, Dec. 29, 1994; Amdt. 173-261, 62 FR 24732, May 6, 1997; 65 FR 58629, Sept. 29, 2000; 66 FR 8647, Feb. 1, 2001; 66 FR 45379, Aug. 28, 2001; 68 FR 75744, Dec. 31, 2003; 69 FR 76155, Dec. 20, 2004] | (a) Definitions. For the purposes of this subchapter, organic peroxide (Division 5.2) means any organic compound containing oxygen (O) in the bivalent -O-O- structure and which may be considered a derivative of hydrogen peroxide, where one or more of the hydrogen atoms have been replaced by organic radicals, unless any of the following paragraphs applies: (1) The material meets the definition of an explosive as prescribed in subpart C of this part, in which case it must be classed as an explosive; (2) The material is forbidden from being offered for transportation according to § 172.101 of this subchapter or § 173.21; (3) The Associate Administrator has determined that the material does not present a hazard which is associated with a Division 5.2 material; or (4) The material meets one of the following conditions: (i) For materials containing no more than 1.0 percent hydrogen peroxide, the available oxygen, as calculated using the equation in paragraph (a)(4)(ii) of this section, is not more than 1.0 percent, or (ii) For materials containing more than 1.0 percent but not more than 7.0 percent hydrogen peroxide, the available oxygen, content (O a ) is not more than 0.5 percent, when determined using the equation: where, for a material containing k species of organic peroxides: n i = number of -O-O- groups per molecule of the i th species c i = concentration (mass percent) of the i th species m i = molecular mass of the i th species where, for a material containing k species of organic peroxides: n i = number of -O-O- groups per molecule of the i th species c i = concentration (mass percent) of the i th species m i = molecular mass of the i th species (b) Generic types. Division 5.2 organic peroxides are assigned to a generic system which consists of seven types. An organic peroxide identified by technical name in the Organic Peroxides Table in § 173.225 is assigned to a generic type in accordance with that table. Organic peroxides not identified in the Organic Peroxides… | |||
| 49:49:2.1.1.3.10.5.25.1 | 49 | Transportation | I | C | 173 | PART 173—SHIPPERS—GENERAL REQUIREMENTS FOR SHIPMENTS AND PACKAGINGS | E | Subpart E—Non-bulk Packaging for Hazardous Materials Other Than Class 1 and Class 7 | § 173.158 Nitric acid. | PHMSA | [Amdt. 173-224, 55 FR 52643, Dec. 21, 1990, as amended at 56 FR 66270, Dec. 20, 1991; Amdt. 173-241, 59 FR 67509, Dec. 29, 1994; Amdt. 173-255, 61 FR 50626, Sept. 26, 1996; 68 FR 75744, Dec. 31, 2003; 78 FR 1085, Jan. 7, 2013; 81 FR 3673, Jan. 21, 2016; 81 FR 35541, June 2, 2016; 83 FR 28168, June 18, 2018] | (a) Nitric acid exceeding 40 percent concentration may not be packaged with any other material. (b) Nitric acid in any concentration which does not contain sulfuric acid or hydrochloric acid as impurities, when offered for transportation or transported by rail, highway, or water shall be packaged in specification containers as follows: (1) 1A1 stainless steel drums are authorized, subject to the following limitations: (i) Stainless steel used in drums must conform to the following thicknesses: (ii) Drums weighing less than 85 percent of their original tare weight may not be used. (iii) Type 304 or other grades of equivalent corrosion-resistant steels in the as-welded condition are permissible for nitric acid concentrations up to and including 78 percent. (iv) For all concentrations of nitric acid, the following are permissible: (A) Type 304 heat-treated (quenched in water at 1040 °C (1900 °F)), (B) Stabilized Type 347 in the as-welded condition, (C) Stabilized Type 347 stress-relieved (845-900 °C (1550-1650 °F)), (D) Stabilized Type 347 heat-treated (quenched in water at 1040 °C (1900 °F)), or (E) Other grades of equivalent corrosion resistance. (v) All parts of drum exposed to lading must be capable of withstanding the corrosive effect of nitric acid to the extent that 65 percent boiling nitric acid does not penetrate the metal more than 0.0381 mm (0.002 inches) per month. (ASTM A 262 may be used for a suitable corrosion test procedure.) (vi) In addition to marking required by § 178.503 of this subchapter, the following marks, in lettering of at least 12.7 mm (0.5 inch) height, must be placed on drums used to transport nitric acid: (A) The type of steel used in body and head sheets as identified by American Iron and Steel Institute type number, and, in addition, the letters “HT” following the steel designation on containers subject to stress relieving or heat treatment during manufacture. (B) The thickness in mm of metal in thinnest part. When the thickness of metal in the body differs from that i… | |||
| 49:49:2.1.1.3.10.5.25.10 | 49 | Transportation | I | C | 173 | PART 173—SHIPPERS—GENERAL REQUIREMENTS FOR SHIPMENTS AND PACKAGINGS | E | Subpart E—Non-bulk Packaging for Hazardous Materials Other Than Class 1 and Class 7 | § 173.166 Safety devices. | PHMSA | [80 FR 1157, Jan. 8, 2015, as amended at 81 FR 35541, June 2, 2016; 85 FR 83398, Dec. 21, 2020] | For the purpose of this section, safety devices are articles which contain pyrotechnic substances or hazardous materials of other classes and are used in vehicles, vessels or aircraft to enhance safety to persons. Examples are: air bag inflators, air bag modules, seat-belt pretensioners and pyromechanical devices. Pyromechanical devices are assembled components for tasks such as but not limited to separation, locking, release-and-drive or occupant restraint. The term includes “Safety devices, pyrotechnic.” (a) Definitions. An air bag inflator (consisting of a casing containing an igniter, a booster material, a gas generant and, in some cases, a pressure receptacle (cylinder)) is a gas generator used to inflate an air bag in a supplemental restraint system in a motor vehicle. An air bag module is the air bag inflator plus an inflatable bag assembly. A seat-belt pretensioner contains similar hazardous materials and is used in the operation of a seat-belt restraining system in a motor vehicle. (b) Classification. (1) Safety devices, excluding those which contain flammable or toxic gases or mixtures thereof, may be classed as Class 9 (UN3268) if the safety device, or if more than a single safety device is involved then the representative of the maximum parameters of each design type, is examined and successfully tested by a person or agency who is authorized by the Associate Administrator to perform examination and testing of explosives under § 173.56(b)(1), and who: (i) Does not manufacture or market explosives or safety devices, is not owned in whole or in part, or is not financially dependent upon any entity that manufactures or markets explosives or safety devices; (ii) Performs all examination and testing in accordance with the applicable requirements as specified in special provision 160 (see § 172.102 of this subchapter); and (iii) Maintains records in accordance with paragraph (g) of this section. (iv) By adhering to all the provisions specified in paragraph (b)(1) of this section, a Class 9 (… | |||
| 49:49:2.1.1.3.10.5.25.11 | 49 | Transportation | I | C | 173 | PART 173—SHIPPERS—GENERAL REQUIREMENTS FOR SHIPMENTS AND PACKAGINGS | E | Subpart E—Non-bulk Packaging for Hazardous Materials Other Than Class 1 and Class 7 | § 173.167 ID8000 consumer commodities. | PHMSA | [89 FR 25478, Apr. 10, 2024] | Packages prepared under the requirements of this section may be offered for transportation and transported by all modes. (a) Applicability. This section applies to limited quantities of “consumer commodity” material. (See § 171.8 of this subchapter.) Materials eligible for transportation in accordance with this section are articles or substances of Class 2 (non-toxic aerosols only), Class 3 (Packing Group II and III only), Division 6.1 (Packing Group III only), UN3077, UN3082, UN3175, UN3334, and UN3335, provided such materials do not have a subsidiary risk and are authorized aboard a passenger-carrying aircraft. The outer packaging for the consumer commodity is not subject to the specification packaging requirements of this subchapter. Except as indicated in § 173.24(i), each completed package must conform to §§ 173.24 and 173.24a of this subchapter. Additionally, except for the pressure differential requirements in § 173.27(c), the requirements of § 173.27 do not apply to packages prepared in accordance with this section. As applicable, the following apply: (1) Inner and outer packaging quantity limits. (i) Non-toxic aerosols, as defined in § 171.8 of this subchapter and constructed in accordance with § 173.306 of this part, in non-refillable, non-metal containers not exceeding 120 mL (4 fluid ounces) each, or in non-refillable metal containers not exceeding 820 mL (28 fluid ounces) each, except that flammable aerosols may not exceed 500 mL (16.9 fluid ounces) each; (ii) Liquids, in inner packagings not exceeding 500 mL (16.9 fluid ounces) each. Liquids must not completely fill an inner packaging at 55 °C; (iii) Solids, in inner packagings not exceeding 500 g (1.0 pounds) each; or (iv) Any combination thereof not to exceed 30 kg (66 pounds) gross weight as prepared for shipment. (2) Closures. Friction-type closures must be secured by positive means. The body and closure of any packaging must be constructed so as to be able to adequately resist the effects of temperature and vibration occurring in co… | |||
| 49:49:2.1.1.3.10.5.25.12 | 49 | Transportation | I | C | 173 | PART 173—SHIPPERS—GENERAL REQUIREMENTS FOR SHIPMENTS AND PACKAGINGS | E | Subpart E—Non-bulk Packaging for Hazardous Materials Other Than Class 1 and Class 7 | § 173.168 Chemical oxygen generators. | PHMSA | [72 FR 4455, Jan. 31, 2007, as amended at 72 FR 55097, Sept. 28, 2007; 74 FR 2259, Jan. 14, 2009; 74 FR 53188, Oct. 16, 2009; 76 FR 56316, Sept. 13, 2011; 81 FR 3674, Jan. 21, 2016] | An oxygen generator, chemical (defined in § 171.8 of this subchapter) may be transported only under the following conditions: (a) Approval. A chemical oxygen generator that is shipped with an explosive or non-explosive means of initiation attached must be classed and approved by the Associate Administrator in accordance with the procedures specified in § 173.56 of this subchapter. (b) Impact resistance. A chemical oxygen generator, without any packaging, must be capable of withstanding a 1.8 meter drop onto a rigid, non-resilient, flat and horizontal surface, in the position most likely to cause actuation or loss of contents. (c) Protection against inadvertent actuation. A chemical oxygen generator must incorporate one of the following means of preventing inadvertent actuation: (1) A chemical oxygen generator that is not installed in protective breathing equipment (PBE): (i) Mechanically actuated devices: (A) Two pins, installed so that each is independently capable of preventing the actuator from striking the primer; (B) One pin and one retaining ring, each installed so that each is independently capable of preventing the actuator from striking the primer; or (C) A cover securely installed over the primer and a pin installed so as to prevent the actuator from striking the primer and cover. (ii) Electrically actuated devices: The electrical leads must be mechanically shorted and the mechanical short must be shielded in metal foil. (iii) Devices with a primer but no actuator: A chemical oxygen generator that has a primer but no actuating mechanism must have a protective cover over the primer to prevent actuation from external impact. (2) A chemical oxygen generator installed in a PBE must contain a pin installed so as to prevent the actuator from striking the primer, and be placed in a protective bag, pouch, case or cover such that the protective breathing equipment is fully enclosed in such a manner that the protective bag, pouch, case or cover prevents unintentional actuation of the oxygen gener… | |||
| 49:49:2.1.1.3.10.5.25.13 | 49 | Transportation | I | C | 173 | PART 173—SHIPPERS—GENERAL REQUIREMENTS FOR SHIPMENTS AND PACKAGINGS | E | Subpart E—Non-bulk Packaging for Hazardous Materials Other Than Class 1 and Class 7 | § 173.170 Black powder for small arms. | PHMSA | [Amdt. 173-255, 61 FR 50626, Sept. 26, 1996, as amended at Amdt. 173-255, 62 FR 14338, Mar. 26, 1997; 81 FR 35542, June 2, 2016] | Black powder for small arms that has been classed in Division 1.1 may be reclassed as a Division 4.1 material, for domestic transportation by motor vehicle, rail freight, and cargo vessel only, subject to the following conditions: (a) The powder must be examined and approved for Division 1.1 and Division 4.1 classification in accordance with §§ 173.56 and 173.58; (b) The total quantity of black powder in one transport vehicle or freight container may not exceed 45.4 kg (100 pounds) net mass. No more than four freight containers may be on board one cargo vessel; (c) The black powder must be packed in inner metal or heavy wall conductive plastic receptacles not over 454 g (16 ounces) net capacity each, with no more than 25 cans in one outer UN 4G fiberboard box. The inner packagings must be arranged and protected so as to prevent simultaneous ignition of the contents. The complete package must be of the same type which has been examined as required in § 173.56; (d) Each completed package must be marked “BLACK POWDER FOR SMALL ARMS” and “NA 0027”; and (e) Each package must bear the FLAMMABLE SOLID label. | |||
| 49:49:2.1.1.3.10.5.25.14 | 49 | Transportation | I | C | 173 | PART 173—SHIPPERS—GENERAL REQUIREMENTS FOR SHIPMENTS AND PACKAGINGS | E | Subpart E—Non-bulk Packaging for Hazardous Materials Other Than Class 1 and Class 7 | § 173.171 Smokeless powder for small arms. | PHMSA | [Amdt. 173-224, 55 FR 52643, Dec. 21, 1990, as amended at 56 FR 66270, Dec. 20, 1991; Amdt. 173-241, 59 FR 67509, Dec. 29, 1994; Amdt. 173-253, 61 FR 27174, May 30, 1996; 66 FR 45379, Aug. 28, 2001; 68 FR 61941, Oct. 30, 2003; 75 FR 53597, Sept. 1, 2010; 78 FR 14714, Mar. 7, 2013; 78 FR 65482, Oct. 31, 2013; 81 FR 35542, June 2, 2016] | Smokeless powder for small arms which has been classed in Division 1.3 or Division 1.4 may be reclassed in Division 4.1, for domestic transportation by motor vehicle, rail car, vessel, or cargo-only aircraft, subject to the following conditions: (a) Powders that have been approved as Division 1.3C or Division 1.4C may be reclassed to Division 4.1 in accordance with §§ 173.56 and 173.58 of this part. (b) The total quantity of smokeless powder may not exceed 45.4 kg (100 pounds) net mass in: (1) One transport vehicle or cargo-only aircraft; or (2) One freight container on a vessel, not to exceed four freight containers per vessel. (c) Only combination packagings with inner packagings not exceeding 3.6 kg (8 pounds) net mass are authorized. Inner packagings must be arranged and protected so as to prevent simultaneous ignition of the contents. The complete package must be of the same type which has been examined as required in § 173.56 of this part. (d) Inside packages that have been examined and approved by the Associate Administrator may be packaged in UN 4G fiberboard boxes meeting the Packing Group I performance level, provided all inside containers are packed to prevent shifting and the net weight of smokeless powder in any one box does not exceed 7.3 kg (16 pounds). | |||
| 49:49:2.1.1.3.10.5.25.15 | 49 | Transportation | I | C | 173 | PART 173—SHIPPERS—GENERAL REQUIREMENTS FOR SHIPMENTS AND PACKAGINGS | E | Subpart E—Non-bulk Packaging for Hazardous Materials Other Than Class 1 and Class 7 | § 173.172 Aircraft hydraulic power unit fuel tank. | PHMSA | [Amdt. 173-224, 55 FR 52643, Dec. 21, 1990, as amended at 66 FR 45380, Aug. 28, 2001; 87 FR 44993, July 26, 2022] | Aircraft hydraulic power unit fuel tanks containing a mixture of anhydrous hydrazine and monomethyl hydrazine (M86 fuel) and designed for installation as complete units in aircraft are excepted from the specification packaging requirements of this subchapter when they conform to either of the following conditions: (a) The unit must consist of an aluminum pressure vessel made from tubing and having welded heads. Primary containment of the fuel within this vessel must consist of a welded aluminum bladder having a maximum internal volume of 46 L (12 gallons). The outer vessel must have a minimum design gauge pressure of 1,275 kPa (185 psig) and a minimum burst gauge pressure of 2,755 kPa (400 psig). Each vessel must be leak-checked during manufacture and before shipment and must be found leakproof. The complete inner unit must be securely packed in non-combustible cushioning material, such as vermiculite, in a strong outer tightly closed metal packaging which will adequately protect all fittings. Maximum quantity of fuel per primary containment and package is 42 L (11 gallons); or (b) The unit must consist of an aluminum pressure vessel. Primary containment of the fuel within this vessel must consist of a welded hermetically sealed fuel compartment with an elastomeric bladder having a maximum internal volume of 46 L (12 gallons). The pressure vessel must have a minimum design gauge pressure of 5,170 kPa (750 psig). Each vessel must be leak-checked during manufacture and before shipment and must be found leakproof, and must be securely packed in non-combustible cushioning material, such as vermiculite, in a strong outer tightly closed metal packaging which will adequately protect all fittings. Maximum quantity of fuel per primary containment and package is 42 L (11 gallons). | |||
| 49:49:2.1.1.3.10.5.25.16 | 49 | Transportation | I | C | 173 | PART 173—SHIPPERS—GENERAL REQUIREMENTS FOR SHIPMENTS AND PACKAGINGS | E | Subpart E—Non-bulk Packaging for Hazardous Materials Other Than Class 1 and Class 7 | § 173.173 Paint, paint-related material, adhesives, ink and resins. | PHMSA | [Amdt. 173-224, 55 FR 52643, Dec. 21, 1990, as amended at 56 FR 66270, Dec. 20, 1991; Amdt. 173-241, 59 FR 67509, Dec. 29, 1994] | (a) When the § 172.101 table specifies that a hazardous material be packaged under this section, the following requirements apply. Except as otherwise provided in this part, the description “Paint” is the proper shipping name for paint, lacquer, enamel, stain, shellac, varnish, liquid aluminum, liquid bronze, liquid gold, liquid wood filler, and liquid lacquer base. The description “Paint-related material” is the proper shipping name for a paint thinning, drying, reducing or removing compound. However, if a more specific description is listed in the § 172.101 table of this subchapter, that description must be used. (b) Paint, paint-related material, adhesives, ink and resins must be packaged as follows: (1) As prescribed in § 173.202 of this part if it is a Packing Group II material or § 173.203 of this part if it is a Packing Group III material; or (2) In inner glass packagings of not over 1 L (0.3 gallon) capacity each or inner metal packagings of not over 5 L (1 gallon) each, packed in a strong outer packaging. Packages must conform to the packaging requirements of subpart B of this part but need not conform to the requirements of part 178 of this subchapter. | |||
| 49:49:2.1.1.3.10.5.25.17 | 49 | Transportation | I | C | 173 | PART 173—SHIPPERS—GENERAL REQUIREMENTS FOR SHIPMENTS AND PACKAGINGS | E | Subpart E—Non-bulk Packaging for Hazardous Materials Other Than Class 1 and Class 7 | § 173.174 Refrigerating machines. | PHMSA | A refrigerating machine assembled for shipment and containing 7 kg (15 pounds) or less of a flammable liquid for its operation in a strong, tight receptacle is excepted from labeling (except when offered for transportation or transported by air) and the specification packaging requirements of this subchapter. In addition. shipments are not subject to subpart F of part 172 of this subchapter (Placarding), to part 174 of this subchapter (Carriage by rail) except § 174.24 (Shipping papers) and to part 177 (Carriage by highway) of this subchapter except § 177.817 (Shipping papers). | ||||
| 49:49:2.1.1.3.10.5.25.18 | 49 | Transportation | I | C | 173 | PART 173—SHIPPERS—GENERAL REQUIREMENTS FOR SHIPMENTS AND PACKAGINGS | E | Subpart E—Non-bulk Packaging for Hazardous Materials Other Than Class 1 and Class 7 | § 173.175 Permeation devices. | PHMSA | [76 FR 43530, July 20, 2011, as amended at 78 FR 1087, Jan. 7, 2013] | Permeation devices that contain hazardous materials and that are used for calibrating air quality monitoring devices are not subject to the requirements of this subchapter provided the following requirements are met: (a) Each device must be constructed of a material compatible with the hazardous materials it contains; (b) The total contents of hazardous materials in each device is limited to 2 ml (0.07 ounces) and the device must not be liquid full at 55 °C (131 °F); (c) Each permeation device must be placed in a sealed, high impact resistant, tubular inner packaging of plastic or equivalent material. Sufficient absorbent material must be contained in the inner packaging to completely absorb the contents of the device. The closure of the inner packaging must be securely held in place with wire, tape or other positive means; (d) Each inner packaging must be contained in a secondary packaging constructed of metal, or plastic having a minimum thickness of 1.5 mm (0.06 inches). The secondary packaging must be hermetically sealed; (e) The secondary packaging must be securely packed in strong outer packaging. The completed package must be capable of withstanding, without breakage or leakage of any inner packaging and without significant reduction in effectiveness: (1) The following free drops onto a rigid, non resilient, flat and horizontal surface from a height of 1.8 m (5.9 feet): (i) One drop flat on the bottom; (ii) One drop flat on the top; (iii) One drop flat on the long side; (iv) One drop flat on the short side; (v) One drop on a corner at the junction of three intersecting edges; and (2) A force applied to the top surface for a duration of 24 hours, equivalent to the total weight of identical packages if stacked to a height of 3 m (10 feet) (including the test sample). (3) Each of the above tests may be performed on different but identical packages. (f) The gross mass of the completed package must not exceed 30 kg. (g) For transportation by aircraft, permeation devices must be transported as car… | |||
| 49:49:2.1.1.3.10.5.25.19 | 49 | Transportation | I | C | 173 | PART 173—SHIPPERS—GENERAL REQUIREMENTS FOR SHIPMENTS AND PACKAGINGS | E | Subpart E—Non-bulk Packaging for Hazardous Materials Other Than Class 1 and Class 7 | § 173.176 Capacitors. | PHMSA | [80 FR 1159, Jan. 8, 2015, as amended at 85 FR 83398, Dec. 21, 2020] | (a) Capacitors, including capacitors containing an electrolyte that does not meet the definition of any hazard class or division as defined in this part, must conform to the following requirements: (1) Except for asymmetric capacitors, capacitors not installed in equipment must be transported in an uncharged state. (2) Each capacitor or module must be protected against a potential short circuit hazard in transport as follows: (i) Except for asymmetric capacitors, when a capacitor's energy storage capacity is less than or equal to 10 Wh or when the energy storage capacity of each capacitor in a module is less than or equal to 10 Wh, the capacitor or module must be protected against short circuit or be fitted with a metal strap connecting the terminals; or (ii) Except for asymmetric capacitors, when the energy storage capacity of a capacitor or a capacitor in a module is more than 10 Wh, the capacitor or module must be fitted with a metal strap connecting the terminals. (iii) When an asymmetric capacitor's energy storage capacity is greater than 0.3 Wh, or when the energy storage capacity of each capacitor in a module is greater than 0.3 Wh, the capacitor or module must be protected against short circuit. (3) Capacitors containing an electrolyte that meets the definition of one or more hazard class or division as defined in this part, must be designed to withstand a 95 kPa (0.95 bar, 14 psi) pressure differential. (4) Capacitors must be designed and constructed to safely relieve pressure that may build up in use, through a vent or a weak point in the capacitor casing. Any liquid that is released upon venting must be contained by the packaging or by the equipment in which a capacitor is installed. (5) Except for asymmetric capacitors, capacitors manufactured after December 31, 2013, or asymmetric capacitors manufactured after December 31, 2015, must be marked with the energy storage capacity in Wh. (b) Capacitors must be packed in strong outer packagings. For transport by air, capacitors must be securely cu… | |||
| 49:49:2.1.1.3.10.5.25.2 | 49 | Transportation | I | C | 173 | PART 173—SHIPPERS—GENERAL REQUIREMENTS FOR SHIPMENTS AND PACKAGINGS | E | Subpart E—Non-bulk Packaging for Hazardous Materials Other Than Class 1 and Class 7 | § 173.159 Batteries, wet. | PHMSA | [74 FR 2257, Jan. 14, 2009, as amended at 81 FR 3673, Jan. 21, 2016; 81 FR 18540, Mar. 31, 2016; 81 FR 35541, June 2, 2016; 85 FR 27882, May 11, 2020; 85 FR 83398, Dec. 21, 2020] | (a) Electric storage batteries, containing electrolyte acid or alkaline corrosive battery fluid (wet batteries), may not be packed with other materials except as provided in paragraphs (g) and (h) of this section and in §§ 173.220 and 173.222; and any battery or battery-powered device must be prepared and packaged for transport in a manner to prevent: (1) A dangerous evolution of heat ( 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); (2) Short circuits, including, but not limited to: (i) Packaging each battery or each battery-powered device when practicable, in fully enclosed inner packagings made of electrically non-conductive material; (ii) Separating or packaging batteries and battery-powered devices in a manner to prevent contact with other batteries, devices or electrically conductive materials ( e.g., metal) in the packagings; or (iii) Ensuring exposed terminals are protected with electrically non-conductive caps, electrically non-conductive tape, or by other appropriate means; and; (3) Damage to terminals. If not impact resistant, the outer packaging must not be used as the sole means of protecting the battery terminals from damage or short circuiting. Batteries must be securely cushioned and packed to prevent shifting which could loosen terminal caps or reorient the terminals. Batteries contained in devices must be securely installed. Terminal protection methods include but are not limited to: (i) Securely attaching covers of sufficient strength to protect the terminals; (ii) Packaging the battery in a rigid plastic packaging; or (iii) Constructing the battery with terminals that are recessed or otherwise protected so that the terminals will not be subjected to damage if the package is dropped. (b) For transportation by aircraft: (1) The packaging for wet batteries must incorporate an acid- or alkali-proof liner, or include a supplementary packaging with suf… | |||
| 49:49:2.1.1.3.10.5.25.20 | 49 | Transportation | I | C | 173 | PART 173—SHIPPERS—GENERAL REQUIREMENTS FOR SHIPMENTS AND PACKAGINGS | E | Subpart E—Non-bulk Packaging for Hazardous Materials Other Than Class 1 and Class 7 | § 173.181 Pyrophoric materials (liquids). | PHMSA | [Amdt. 173-224, 55 FR 52643, Dec. 21, 1990, as amended at 56 FR 66270, Dec. 20, 1991; 65 FR 58629, Sept. 29, 2000; 66 FR 45183, 45380, Aug. 28, 2001; 68 FR 24660, May 8, 2003; 68 FR 61941, Oct. 30, 2003; 78 FR 1087, Jan. 7, 2013; 80 FR 1159, Jan. 8, 2015; 81 FR 3674, Jan. 21, 2016; 87 FR 44993, July 26, 2022] | When the § 172.101 table specifies that a hazardous material be packaged under this section, only the following non-bulk packagings are authorized: (a) Authorized cylinders. (1) A specification steel or nickel cylinder prescribed for any compressed gas, except acetylene, having a minimum design pressure of 1206 kPa (175 psig). (2) DOT 3AL cylinders constructed of aluminum alloy 6061-T6 with a minimum marked service pressure of 1,800 psig and a maximum water capacity of 49 liters (13 gal) may be used for the transportation of inorganic pyrophoric liquids (UN3194). Any preheating or heating of the DOT 3AL cylinder must be limited to a maximum temperature of 79.4 °C (175 °F). (3) Cylinders authorized under paragraphs (a)(1) and (a)(2) of this section equipped with valves must be: (i) Equipped with steel valve protection caps or collars; or (ii) Overpacked in a wooden box (4C1, 4C2, 4D or 4F); fiberboard box (4G), or plastic box (4H1 or 4H2). Cylinders must be secured to prevent shifting in the box and, when offered for transportation or transported, must be so loaded that pressure relief devices remain in the vapor space of the cylinder. (See § 177.838(h) of this subchapter.) (b) Steel boxes (4A), aluminum boxes (4B), metal boxes, other than steel or aluminum (4N), wooden boxes (4C1, 4C2, 4D, or 4F) or fiberboard boxes (4G); steel drums (1A1 or 1A2), aluminum drums (1B1 or 1B2), metal drums, other than steel or aluminum (1N1 or 1N2), plywood drums (1D), or fiber drums (1G); or steel jerricans (3A1 or 3A2) or aluminum jerricans (3B1 or 3B2) enclosing not more than four strong, tight metal cans with inner receptacles of glass or metal, not over 1 L (0.3 gallon) capacity each, having positive screwcap closures adequately gasketed or alternative closures physically held in place by a means capable of preventing back-off or loosening of the closure due to conditions normally incident to transportation ( e.g., impact, vibration, etc.). Inner packagings must be cushioned on all sides with dry, absorbent, incombust… | |||
| 49:49:2.1.1.3.10.5.25.21 | 49 | Transportation | I | C | 173 | PART 173—SHIPPERS—GENERAL REQUIREMENTS FOR SHIPMENTS AND PACKAGINGS | E | Subpart E—Non-bulk Packaging for Hazardous Materials Other Than Class 1 and Class 7 | § 173.182 Barium azide—50 percent or more water wet. | PHMSA | Barium azide—50 percent or more water wet, must be packed in wooden boxes (4C1, 4C2, 4D, or 4F) or fiber drums (1G) with inner glass packagings not over 0.5 kg (1.1 pounds) capacity each. Packagings must have rubber stoppers wire tied for securement. If transportation is to take place when and where freezing weather is possible, a suitable antifreeze solution must be used to prevent freezing. Each packaging must conform to the requirements of part 178 of this subchapter at the Packing Group I performance level. | ||||
| 49:49:2.1.1.3.10.5.25.22 | 49 | Transportation | I | C | 173 | PART 173—SHIPPERS—GENERAL REQUIREMENTS FOR SHIPMENTS AND PACKAGINGS | E | Subpart E—Non-bulk Packaging for Hazardous Materials Other Than Class 1 and Class 7 | § 173.183 Nitrocellulose base film. | PHMSA | [Amdt. 173-224, 55 FR 52643 Dec. 21, 1990, as amended by Amdt. 173-255, 61 FR 50627, Sept. 26, 1996; 78 FR 1087, Jan. 7, 2013] | Films, nitrocellulose base, must be packaged in packagings conforming to the requirements of part 178 of this subchapter at the Packing Group III performance level, as follows: (a) In steel drums (1A2), aluminum drums (1B2), other metal drums (4A2), steel jerricans (3A2), aluminum jerricans (3B2), steel, aluminum or other metal (4A, 4B, 4N) boxes, wooden (4C1, 4C2), plywood (4D) or reconstituted wood (4F) boxes or plywood drums (1D) with each reel in a tightly closed metal can, polypropylene canister, or strong cardboard or fiberboard inner packaging with cover held in place by adhesive tape or paper; or (b) In fiberboard (4G) boxes or fiber drums (1G) with a single tightly closed metal can, polypropylene canister, or strong cardboard or fiberboard inner packaging with cover held in place by adhesive tape or paper; authorized only for not over 600 m (1969 feet) of film. |
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CREATE TABLE cfr_sections (
section_id TEXT PRIMARY KEY,
title_number INTEGER,
title_name TEXT,
chapter TEXT,
subchapter TEXT,
part_number TEXT,
part_name TEXT,
subpart TEXT,
subpart_name TEXT,
section_number TEXT,
section_heading TEXT,
agency TEXT,
authority TEXT,
source_citation TEXT,
amendment_citations TEXT,
full_text TEXT
);
CREATE INDEX idx_cfr_title ON cfr_sections(title_number);
CREATE INDEX idx_cfr_part ON cfr_sections(part_number);
CREATE INDEX idx_cfr_agency ON cfr_sections(agency);