Electronic Code of Federal Regulations:

Editorial Note: Nomenclature changes to part 173 appear at 70 FR 56098, Sept. 23, 2005.

(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.

[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]

The hazard class of a hazardous material is indicated either by its class (or division) number, its class name, or by the letters “ORM-D”. The following table lists class numbers, division numbers, class or division names and those sections of this subchapter which contain definitions for classifying hazardous materials, including forbidden materials.

[Amdt. 173–224, 55 FR 52606, Dec. 21, 1990, as amended at 57 FR 45460, Oct. 1, 1992; Amdt. 173–234, 58 FR 51531, Oct. 1, 1993]

(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 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:

(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.

(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:

Note 1: The most stringent packing group assigned to a hazard of the material takes precedence over other packing groups; for example, a material meeting Class 3 PG II and Division 6.1 PG I (oral toxicity) is classified as Class 3 PG I.

Note 2: A material which meets the definition of Class 8 and has an inhalation toxicity by dusts and mists which meets criteria for Packing Group I specified in §173.133(a)(1) must be classed as Division 6.1 if the oral or dermal toxicity meets criteria for Packing Group I or II. If the oral or dermal toxicity meets criteria for Packing Group III or less, the material must be classed as Class 8.

(c) The following materials are not subject to the provisions of paragraph (a) of this section because of their unique properties:

(1) A Class 1 (explosive) material that meets any other hazard class or division as defined in this part shall be assigned a division in Class 1. Class 1 materials shall be classed and approved in accordance with §173.56 of this part;

(2) A Division 5.2 (organic peroxide) material that meets the definition of any other hazard class or division as defined in this part, shall be classed as Division 5.2;

(3) A Division 6.2 (infectious substance) material that also meets the definition of another hazard class or division, other than Class 7, or that also is a limited quantity Class 7 material, shall be classed as Division 6.2;

(4) A material that meets the definition of a wetted explosive in §173.124(a)(1) of this subchapter (Division 4.1). Wetted explosives are either specifically listed in the §172.101 table or are approved by the Associate Administrator (see §173.124(a)(1) of this subchapter); and

(5) A limited quantity of a Class 7 (radioactive) material that meets the definition for more than one hazard class or division shall be classed in accordance with §173.423.

[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]

(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 marked with the proper shipping name of the hazardous material inside the packaging and the name and address of the consignee. In addition, the packaging must be marked “SALVAGE” or “SALVAGE DRUM”.

(5) The shipper shall prepare shipping papers in accordance with subpart C of part 172 of this subchapter.

(6) The overpack requirements of §173.25 do not apply to drums used in accordance with this paragraph.

(7) A salvage packaging marked “T” in accordance with applicable provisions in the UN Recommendations may be used.

(d) Salvage cylinders . Cylinders of hazardous materials that are damaged or leaking may be overpacked in a non-DOT specification full opening hinged head or fully removable head steel salvage cylinder under the following conditions:

(1) Only a cylinder containing a Division 2.1, 2.2, 2.3, 3, 6.1, or a Class 8 material may be overpacked in a salvage cylinder. A cylinder containing acetylene may not be overpacked in a salvage cylinder.

(i) Must be designed, constructed and marked in accordance with Section VIII, Division I of the ASME Code (IBR, see §171.7 of this subchapter) with a minimum design margin of 4 to 1. Salvage cylinders may not be equipped with a pressure relief device. Damaged cylinders must be securely positioned in the salvage cylinder to prevent excessive movement. The overpack requirements of §173.25 of this part do not apply to salvage cylinders used in accordance with this section.

(iii) Except for liquefied nitrous oxide and carbon dioxide, contents of the damaged or leaking cylinder must be limited in pressure and volume so that if totally discharged into the salvage cylinder, the pressure in the salvage cylinder will not exceed5/4of the MAWP at 55 °C (131 °F).

(iv) Must have gaskets, valves and fittings that are compatible with the hazardous materials contained within.

(3) Each salvage cylinder must be plainly and durably marked. Unless otherwise specified, the markings below must be in the same area on any portion of the upper end:

(i) The proper shipping name of the hazardous material contained inside the packaging;

(iv) The words “SALVAGE CYLINDER” in letters at least 50 mm (2.0 inches) high on opposite sides near the middle of the cylinder; stamping on the sidewall is not authorized.

(4) Each salvage cylinder must be labeled for the hazardous material contained inside the packaging.

(5) The shipper must prepare shipping papers in accordance with subpart C of part 172 of this subchapter.

(8) In addition to the training requirements of §§172.700 through 172.704 of this subchapter, a person who loads, unloads or transports a salvage cylinder must be trained in handling, loading and unloading the salvage cylinder.

(9) Cylinder Requalification: At least once every five years, each cylinder must be visually inspected (internally and externally) in accordance with CGA Pamphlet C–6 (IBR, see §171.7 of this subchapter) and pressure tested. A minimum test pressure of at least 11/2times MAWP must be maintained for at least 30 seconds. The cylinder must be examined under test pressure and removed from service if a leak or a defect is found.

(i) The retest and inspection must be performed by a person familiar with salvage cylinders and trained and experienced in the use of the inspection and testing equipment.

(ii) Each salvage cylinder that is successfully requalified must be durably and legibly marked with the word “Tested” followed by the requalification date (month/year), e.g. , “Tested 9/04.” The marking must be in letters and numbers at least 12 mm (0.5 inches) high. The requalification marking may be placed on any portion of the upper end of the cylinder near the marking required in (d)(3) of this section or on a metal plate permanently secured to the cylinder. Stamping on the cylinder sidewall is not authorized.

(10) Record retention: The owner of each salvage cylinder or his authorized agent shall retain a record of the most recent visual inspection and pressure test until the salvage cylinder is requalified. The records must be made available to a DOT representative upon request.

(e) Emergency transportation of DOT 3A480 or 3AA480 cylinders and DOT 106A500 multi-unit tank car tanks. (1) A DOT 3A480 or DOT 3AA480 cylinder containing chlorine or sulphur dioxide that has developed a leak in a valve or fusible plug may be repaired temporarily by trained personnel using a Chlorine Institute Kit “A” (IBR, see §171.7 of this subchapter). The repaired cylinder is authorized to be transported by private or contract carrier one time, one way, from the point of discovery to a proper facility for discharge and examination.

(2) A DOT 106A500 multi-unit tank car tank containing chlorine or sulphur dioxide that has developed a leak in the valve or fusible plug may be temporarily repaired by trained personnel using a Chlorine Institute Kit “B” (IBR, see §171.7 of this subchapter). The repaired tank is authorized to be transported by private or contract carrier one time, one way, from the point of discovery to a proper facility for discharge and examination.

(3) Training for personnel making the repairs in paragraphs (d)(1) and (d)(2) of this section must include:

(4) Packagings repaired with “A” or “B” kits must be properly blocked and braced to ensure the packagings are secured in the transport vehicle.

[Amdt. 173–224, 55 FR 52607, Dec. 21, 1990, as amended at 56 FR 66265, Dec. 20, 1991; Amdt. 173–234, 58 FR 51531, Oct. 1, 1993; Amdt. 173–261, 62 FR 24719, May 6, 1997; 66 FR 45380, Aug. 28, 2001; 68 FR 48569, Aug. 14, 2003; 69 FR 76154, Dec. 20, 2004; 70 FR 3307, Jan. 24, 2005; 68 FR 61941, Oct. 30, 2003; 70 FR 34397, June 14, 2005; 70 FR 56098, Sept. 23, 2005]

(a) When transported domestically by highway or rail in conformance with this section, small quantities of 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 that also meet the definition of one or more of these hazard classes, are not subject to any other requirements of this subchapter 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;

(iii) One (1) g (0.04 ounce) for authorized materials meeting the definition of a Division 6.1, Packing Group I, Hazard Zone A or B material; and

(iv) An activity level not exceeding that specified in §§173.421, 173.424, 173.425 or 173.426, as appropriate, for a package containing a Class 7 (radioactive) material.

(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:

(ii) Is capable of absorbing the entire contents (if a liquid) of the receptacle;

(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:

Note to paragraph (a)(6): Each of the tests in paragraph (a)(6) of this section may be performed on a different but identical package; i.e. , all tests need not be performed on the same package.

(7) Placement of the material in the package or packing different materials in the package does not result in a violation of §173.21;

(9) The package is not opened or otherwise altered until it is no longer in commerce; and

(10) The shipper certifies conformance with this section by marking the outside of the package with the statement “This package conforms to 49 CFR 173.4 for domestic highway or rail transport only.”

(b) A package containing a Class 7 (radioactive) material also must conform to the requirements of §173.421(a)(1) through (a)(5) or §173.424(a) through (g), as appropriate.

(c) Packages which contain a Class 2, Division 4.2 (PG I), or Division 4.3 (PG I) material conforming to paragraphs (a)(1) through (a)(10) of this section may be offered for transportation or transported if specifically approved by the Associate Administrator.

(d) Lithium batteries and cells are not eligible for the exceptions provided in this section.

(a) Excepted quantities of materials other than articles transported in accordance with this section are not subject to any additional requirements of this subchapter except for:

(1) The shipper's responsibilities to properly class their material in accordance with §173.22 of this subchapter;

(2) Sections 171.15 and 171.16 of this subchapter pertaining to the reporting of incidents; and

(3) For a Class 7 (Radioactive) material the requirements for an excepted package.

(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:

(5) Division 5.2 materials only when contained in a chemical kit or a first aid kit;

(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.

(1) For toxic material with a Division 6.1 primary or subsidiary hazard, PG I or II—

(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

(d) Outer packaging aggregate quantity limits . The maximum aggregate quantity of hazardous material contained in each outer packaging must not exceed the limits provided in the following paragraphs. For outer packagings containing more than one hazardous material, the aggregate quantity of hazardous material must not exceed the lowest permitted maximum aggregate quantity. The limits are as follows:

(i) Packing Group I—300 g (0.66 pounds) for solids or 300 mL (0.08 gallons) for liquids;

(ii) Packing Group II—500 g (1.1 pounds) for solids or 500 mL (0.1 gallons) for liquids;

(iii) Packing Group III—1 kg (2.2 pounds) for solids or 1 L (0.2 gallons) for liquids;

(3) For Division 5.2 material, 500 g (1.1 pounds) for solids or 250 mL (0.05 gallons) for liquids.

(e) Packaging materials . Packagings used for the transport of excepted quantities must meet the following:

(1) Each inner receptacle must be constructed of plastic, or of glass, porcelain, stoneware, earthenware or metal. When used for liquid hazardous materials, plastic inner packagings must have a thickness of not less than 0.2 mm (0.008 inch).

(2) Each inner packaging with a removable closure must have its closure held securely in place with wire, tape or other positive means. Each inner receptacle having a neck with molded screw threads must have a leak proof, threaded type cap. The closure must not react chemically with the material.

(3) Each inner packaging must be securely packed in an intermediate packaging with cushioning material in such a way that, under normal conditions of transport, it cannot break, be punctured or leak its contents. The intermediate packaging must completely contain the contents in case of breakage or leakage, regardless of package orientation. For liquid hazardous materials, the intermediate packaging must contain sufficient absorbent material that:

(ii) Will not react dangerously with the material or reduce the integrity or function of the packaging materials.

(4) The intermediate packaging must be securely packed in a strong, rigid outer packaging.

(5) Placement of the material in the package or packing different materials in the package must not result in a violation of §173.21.

(6) Each package must be of such a size that there is adequate space to apply all necessary markings.

(7) The package is not opened or otherwise altered until it is no longer in commerce.

(8) Overpacks may be used and may also contain packages of hazardous material or other materials not subject to the HMR subject to the requirements of §173.25.

(f) Package tests . The completed package as prepared for transport, with inner packagings filled to not less than 95% of their capacity for solids or 98% for liquids, must be capable of withstanding, as demonstrated by testing which is appropriately documented, without breakage or leakage of any inner packaging and without significant reduction in effectiveness:

(i) Where the sample is in the shape of a box, it must be dropped in each of the following orientations:

(ii) Where the sample is in the shape of a drum, it must be dropped in each of the following orientations:

(A) One drop diagonally on the top chime, with the center of gravity directly above the point of impact;

(2) A compressive load as specified in §178.606(c) of this subchapter. Each of the tests in this paragraph (f) of this section may be performed on a different but identical package; that is, all tests need not be performed on the same package.

(g) Marking . Excepted quantities of hazardous materials packaged, marked, and otherwise offered and transported in accordance with this section must be durably and legibly marked with the following marking:

(1) The “*” must be replaced by the primary hazard class, or when assigned, the division of each of the hazardous materials contained in the package. The “**” must be replaced by the name of the shipper or consignee if not shown elsewhere on the package.

(2) The marking must not be less than 100 mm (3.9 inches) by 100 mm (3.9 inches), and must be durable and clearly visible.

(h) Documentation . (1) For transportation by highway or rail, no shipping paper is required.

(2) For transport by air, a shipping paper is not required, except that, if a document such as an air waybill accompanies a shipment, the document must include the statement “Dangerous Goods in Excepted Quantities” and indicate the number of packages.

(3) For transport by vessel, a shipping paper is required and must include the statement “Dangerous Goods in Excepted Quantities” and indicate the number of packages.

(i) Training . Each person who offers or transports excepted quantities of hazardous materials must know about the requirements of this section.

(j) Restrictions . Hazardous material packaged in accordance with this section may not be carried in checked or carry-on baggage.

(a) Packing Group II and III materials in Class 3, Division 4.1, Division 4.2, Division 4.3, Division 5.1, Division 6.1, Class 8, and Class 9 do not meet the definition of a hazardous material in §171.8 of this subchapter when packaged in accordance with this section and, therefore, are not subject to the requirements of this subchapter.

(1) The maximum quantity of material per inner receptacle or article is limited to—

(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:

(ii) Is capable of absorbing the entire contents (if a liquid) of the receptacle;

(ii) A compressive load as specified in §178.606(c) of this subchapter. Each of the tests in this paragraph (a)(5) may be performed on a different but identical package; that is, all tests need not be performed on the same package.

(6) Placement of the material in the package or packing different materials in the package does not result in a violation of §173.21;

(7) The aggregate quantity of hazardous material per package does not exceed 100 g (0.22 pounds) for solids or 100 mL (3.38 ounces) for liquids;

(9) The package is not opened or otherwise altered until it is no longer in commerce; and

(i) The hazardous material is authorized to be carried aboard passenger-carrying aircraft in Column 9A of the §172.101 Hazardous Materials Table; and

(ii) Material packed in accordance with this section may not be carried in checked or carry-on baggage.

(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:

(2) The total amount of agricultural product being transported on a single motor vehicle does not exceed:

(i) 7,300 kg (16,094 lbs.) of ammonium nitrate fertilizer properly classed as Division 5.1, PG III, in a bulk packaging, or

(ii) 1900 L (502 gallons) for liquids or gases, or 2,300 kg (5,070 lbs.) for solids, of any other agricultural product;

(3) The movement and packaging of the agricultural product conform to the requirements of the State in which it is transported and are specifically authorized by a State statute or regulation in effect before October 1, 1998; and

(4) Each person having any responsibility for transporting the agricultural product or preparing the agricultural product for shipment has been instructed in the applicable requirements of this subchapter.

(c) Formulated liquid agricultural products in specification packagings of 220 L (58 gallons) capacity, or less, with closures manifolded to a closed mixing system and equipped with positive dry disconnect devices may be transported by a private motor carrier between a final distribution point and an ultimate point of application or for loading aboard an airplane for aerial application.

[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]

(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,

(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) For purposes of this section, a mechanical displacement meter prover is a mechanical device, permanently mounted on a truck chassis or trailer and transported by motor vehicle, consisting of a pipe assembly that is used to calibrate the accuracy and performance of meters that measure the quantity of a product being pumped or transferred at facilities such as drilling locations, refineries, tank farms and loading racks.

(2) A mechanical displacement meter prover is excepted from the specification packaging requirements in part 178 of this subchapter provided it—

(i) Contains only the residue of a Class 3 or Division 2.1 material. For liquids, the meter prover must be drained to the maximum extent practicable and may not exceed 10% of its capacity; for gases, the meter prover must not exceed 25% of the marked pressure rating;

(iii) Is designed and constructed in accordance with chapters II, III, IV, V and VI of the ASME Standard B31.4 (IBR, see §171.7 of this subchapter);

(iv) Is marked with the maximum service pressure 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 with 49 CFR 393.86 of the Federal Motor Carrier Safety Regulations.

(3) 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.

(4) Periodic test and inspection. (i) Each meter prover must be externally visually inspected once a year. The external visual inspection must include at a minimum: checking for leakage, defective fittings and welds, defective closures, significant dents and other defects or abnormalities which indicate a potential or actual weakness that could render the meter prover unsafe for transportation; and

(ii) Each meter prover must be pressure tested once every 5 years at not less than 75% of design pressure. The pressure must be held for a period of time sufficiently long to assure detection of leaks, but in no case less than 5 minutes.

(5) In addition to the training requirements in subpart H, the person who performs the visual inspection or pressure test and/or signs the inspection report must have the knowledge and ability to perform them as required by this section.

(6) A meter prover that fails the periodic test and inspection, must be rejected and removed from hazardous materials service unless the meter prover is adequately repaired, and thereafter, a successful test is conducted in accordance with the requirements of this section.

(7) Prior to any repair work, the meter prover must be emptied of any hazardous material. A meter prover containing flammable lading must be purged.

(8) Each meter prover successfully completing the external visual inspection and the pressure test must be marked with the test date (month/year), the type of test or inspection as follows:

The marking must be on the side of a tank or the largest piping component in letters 32 mm (1.25 inches) high on a contrasting background.

(9) The owner must retain a record of the most recent external visual inspection and pressure test until the next test or inspection of the same type successfully completed. The test or inspection report must include the following:

(vi) Disposition statement, such as “Meter Prover returned to service” or “Meter Prover removed from service”.

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 of this subchapter).

(ii) Piping with a diameter of less than 2 inches must conform to ASTM A 53 Schedule 80 or ASTM A 106 Schedule 80 (IBR, see §171.7 of this subchapter).

(iii) The words “Inhalation Hazard” must be marked as required in special provision 13 in §172.102 of this subchapter and, when practicable, within 24 inches of the placard.

(b) Refrigeration systems placed into service prior to June 1, 1991. (1) For refrigeration systems placed into service prior to June 1, 1991, each pressure vessel and associated piping for the condensing line (“high side”) must be rated at an MAWP of not less than 250 psig. Each pressure vessel and associated piping for the evaporating line (“low side”) must be rated at an MAWP of not less than 150 psig, except that each pressure vessel or associated piping that will contain refrigerant gas during transportation must be rated at an MAWP of not less than 250 psig. During transportation, pressure in the components that are part of the evaporating line may not exceed 150 psig.

(2) Each pressure vessel and associated piping that is part of the evaporating line must be marked “LOW SIDE” in a permanent and clearly visible manner. The evaporating line must have a pressure gauge with corresponding temperature markings mounted so as to be easily readable when standing on the ground. The gauge must be permanently marked or tagged “SATURATION GAUGE”.

(3) Each pressure vessel and associated piping with an MAWP of 250 psig or greater containing liquid anhydrous ammonia must be isolated using appropriate means from piping and components marked “LOW SIDE”.

(4) Liquid lading is only authorized in system components with a rated MAWP of not less than 250 psig.

(5) Prior to transportation, each pressure vessel and associated piping with a rated MAWP of less than 250 psig must be relieved of enough gaseous lading to ensure that the MAWP is not exceeded at transport temperatures up to 54 °C (130 °F).

(6) Refrigeration systems placed into service prior to June 1, 1991, may continue in service until October 1, 2017.

(c) Prior to transportation over public highways, each pressure vessel and associated piping must be drained of refrigerant gas or liquid anhydrous ammonia to the extent practicable. Drained contents must be recovered in conformance with all applicable environmental regulations. Residual liquid anhydrous ammonia in each component may not exceed one percent of the component's total volumetric capacity or 10 gallons, whichever is less.

(d) System inspection and testing. (1) Each refrigeration system authorized under this section must be visually inspected every year. The visual inspection must include items listed in §180.407(d)(2) of this subchapter applicable to refrigeration systems. A certificate of the annual visual inspection must be dated and signed by the person performing the inspection and must contain that person's company affiliation. The certificate must remain at the equipment owner's office.

(2) Each refrigeration system authorized under this section must be proof pressure tested every two years beginning with the initial pressure test performed after manufacture. Additional pressure tests must be performed after any modification, repair or damage to a part of the system pressurized with refrigerant gas. System test pressures may not be less than one-and-one-half (1.50) times the rated MAWP of the system component or piping.

(3) Pressure relief valves must be successfully tested every two years at the MAWP for the components or piping to which they are attached. Pressure relief valves may be replaced and marked every 5 years with valves certified at the appropriate MAWP, in which case the valves need not be tested every two years. Valves that do not pass the test must be repaired or replaced.

(e) Test markings and reports. (1) Evidence of testing specified in paragraph (d) of this section must be marked on the right forward side of the refrigeration system with 2 inch high letters indicating type of last test (V = visual; P = pressure: hydrostatic or pneumatic) and the month/year in which it was performed. Reports and all of the requirements for records of inspections including markings must be completed as specified in part 180.

(2) Pressure relief valves must be durably marked with either the date of last test, set-pressure and testing company or the date of last replacement, set-pressure, and certifying company, as applicable.

When transported by motor vehicle in conformance with this section, a material of trade (see §171.8 of this subchapter) is not subject to any other requirements of this subchapter besides those set forth or referenced in this section.

(1) A Class 3, 8, 9, Division 4.1, 5.1, 5.2, 6.1, or ORM-D material contained in a packaging having a gross mass or capacity not over—

(ii) 30 kg (66 pounds) or 30 L (8 gallons) for a Packing Group II, Packing Group III, or ORM-D material;

(iii) 1500 L (400 gallons) for a diluted mixture, not to exceed 2 percent concentration, of a Class 9 material.

(2) A Division 2.1 or 2.2 material in a cylinder with a gross weight not over 100 kg (220 pounds), or a permanently mounted tank manufactured to the ASME Code of not more than 70 gallon water capacity for a non-liquefied Division 2.2 material with no subsidiary hazard.

(3) A Division 4.3 material in Packing Group II or III contained in a packaging having a gross capacity not exceeding 30 mL (1 ounce).

(4) A Division 6.2 material, other than a Category A infectious substance, contained in human or animal samples (including, but not limited to, secreta, excreta, blood and its components, tissue and tissue fluids, and body parts) being transported for research, diagnosis, investigational activities, or disease treatment or prevention, or is a biological product or regulated medical waste. The material must be contained in a combination packaging. For liquids, the inner packaging must be leakproof, and the outer packaging must contain sufficient absorbent material to absorb the entire contents of the inner packaging. For sharps, the inner packaging (sharps container) must be constructed of a rigid material resistant to punctures and securely closed to prevent leaks or punctures, and the outer packaging must be securely closed to prevent leaks or punctures. For solids, liquids, and sharps, the outer packaging must be a strong, tight packaging securely closed and secured against shifting, including relative motion between packages, within the vehicle on which it is being transported.

(i) For other than a regulated medical waste, the amount of Division 6.2 material in a combination packaging must conform to the following limitations:

(A) One or more inner packagings, each of which may not contain more than 0.5 kg (1.1 lbs) or 0.5 L (17 ounces), and an outer packaging containing not more than 4 kg (8.8 lbs) or 4 L (1 gallon); or

(B) A single inner packaging containing not more than 16 kg (35.2 lbs) or 16 L (4.2 gallons) in a single outer packaging.

(ii) For a regulated medical waste, a combination packaging must consist of one or more inner packagings, each of which may not contain more than 4 kg (8.8 lbs) or 4 L (1 gallon), and an outer packaging containing not more than 16 kg (35.2 lbs) or 16 L (4.2 gallons).

(5) This section does not apply to a hazardous material that is self-reactive (see §173.124), poisonous by inhalation (see §173.133), or a hazardous waste.

(b) Packaging. (1) Packagings must be leak tight for liquids and gases, sift proof for solids, and be securely closed, secured against shifting, and protected against damage.

(2) Each material must be packaged in the manufacturer's original packaging, or a packaging of equal or greater strength and integrity.

(3) Outer packagings are not required for receptacles (e.g., cans and bottles) that are secured against shifting in cages, carts, bins, boxes or compartments.

(4) For gasoline, a packaging must be made of metal or plastic and conform to the requirements of this subchapter or to the requirements of the Occupational Safety and Health Administration of the Department of Labor contained in 29 CFR 1910.106(d)(2) or 1926.152(a)(1).

(5) A cylinder or other pressure vessel containing a Division 2.1 or 2.2 material must conform to packaging, qualification, maintenance, and use requirements of this subchapter, except that outer packagings are not required. Manifolding of cylinders is authorized provided all valves are tightly closed.

(c) Hazard communication. (1) A non-bulk packaging other than a cylinder (including a receptacle transported without an outer packaging) must be marked with a common name or proper shipping name to identify the material it contains, including the letters “RQ” if it contains a reportable quantity of a hazardous substance.

(2) A bulk packaging containing a diluted mixture of a Class 9 material must be marked on two opposing sides with the four-digit identification number of the material. The identification number must be displayed on placards, orange panels or, alternatively, a white square-on-point configuration having the same outside dimensions as a placard (at least 273 mm (10.8 inches) on a side), in the manner specified in §172.332 (b) and (c) of this subchapter.

(3) A DOT specification cylinder (except DOT specification 39) must be marked and labeled as prescribed in this subchapter. Each DOT-39 cylinder must display the markings specified in 178.65(i).

(4) The operator of a motor vehicle that contains a material of trade must be informed of the presence of the hazardous material (including whether the package contains a reportable quantity) and must be informed of the requirements of this section.

(d) Aggregate gross weight. Except for a material of trade authorized by paragraph (a)(1)(iii) of this section, the aggregate gross weight of all materials of trade on a motor vehicle may not exceed 200 kg (440 pounds).

(e) Other exceptions. A material of trade may be transported on a motor vehicle under the provisions of this section with other hazardous materials without affecting its eligibility for exceptions provided by this section.

[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]

(a) Hazardous materials offered for transportation by, for, or to the Department of Defense (DOD) of the U.S. Government, including commercial shipments pursuant to a DOD contract, must be packaged in accordance with the regulations in this subchapter or in packagings of equal or greater strength and efficiency as certified by DOD in accordance with the procedures prescribed by “Packaging of Hazardous Material, DLAD 4145.41/AR 700–143/AFJI 24–210/NAVSUPINST 4030.55B/MCO 4030.40B (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.

(b) Shipments of hazardous materials, made by or under the direction or supervision of the U.S. Department of Energy (DOE) or the Department of Defense (DOD), for the purpose of national security, and which are escorted by personnel specifically designated by or under the authority of those agencies, are not subject to the requirements of this subchapter. For transportation by a motor vehicle or a rail car, the escorts must be in a separate transport vehicle from the transport vehicle carrying the hazardous materials that are excepted by this paragraph. A document certifying that the shipment is for the purpose of national security must be in the possession of the person in charge of providing security during transportation.

(c) Shipments of explosive samples, not exceeding 1 g net weight, offered by and consigned to the Bureau of Alcohol, Tobacco and Firearms (ATF) of the Department of the Treasury are not otherwise subject to the regulations in parts 110–189 of this subchapter when placed in a specifically designed multi-unit assembly packed in a strong outside packaging. The packaging must be of a type accepted by ATF as capable of precluding a propagation of any explosion outside the packaging. The second component from the outside of the packaging must be marked or tagged to indicate the presence of an explosive.

(d) Notwithstanding the requirements of §§173.416 and 173.417 of this subchapter, packagings made by or under the direction of the U.S. Department of Energy may be used for the transportation of Class 7 materials when evaluated, approved, and certified by the Department of Energy against packaging standards equivalent to those specified in 10 CFR part 71. Packages shipped in accordance with this paragraph shall be marked and otherwise prepared for shipment in a manner equivalent to that required by this subchapter for packagings approved by the Nuclear Regulatory Commission.

(e) Class 1 (explosive) materials owned by the Department of Defense and packaged prior to January 1, 1990, in accordance with the requirements of this subchapter in effect at that time, are excepted from the marking and labeling requirements of part 172 of this subchapter and the packaging and package marking requirements of part 178 of this subchapter, provided the packagings have maintained their integrity and the explosive material is declared as “government-owned goods packaged prior to January 1, 1990” on the shipping papers. In addition, packages of these materials owned by the Department of Defense that are marked and labeled in conformance with the requirements of the HMR that were in effect at the time they were originally marked and labeled are excepted from the current marking and labeling requirements.

(f) The requirements of this subchapter do not apply to shipments of hazardous materials carried aboard an aircraft that is not owned by a government or engaged in carrying persons or property for commercial purposes, but is under the exclusive direction and control of the government for a period of not less than 90 days as specified in a written contract or lease. An aircraft is under the exclusive direction and control of a government when the government exercises responsibility for:

(1) Approving crew members and determining they are qualified to operate the aircraft;

(2) Determining the airworthiness and directing maintenance of the aircraft; and

(3) Dispatching the aircraft, including the times of departure, airports to be used, and type and amount of cargo to be carried.

Editorial Note: ForFederal Registercitations affecting §173.7, see the List of CFR Sections Affected which appears in the Finding Aids section of the printed volume and on GPO Access.

§ 173.8 Exceptions for non-specification packagings used in intrastate transportation.

(a) Non-specification bulk packagings. Notwithstanding requirements for specification packagings in subpart F of this part and parts 178 and 180 of this subchapter, a non-specification bulk packaging may be used for transportation of a hazardous material by an intrastate motor carrier until July 1, 2000, in accordance with the provisions of paragraph (d) of this section.

(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) On and after July 1, 2000, for a tank authorized under paragraph (b) or (c) of this section, conform to all requirements in part 180 (except for §180.405(g)) of this subchapter in the same manner as required for a DOT specification MC 306 cargo tank motor vehicle.

[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]

(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 red or black letters on a white background that is at least 30 cm (11.8 inches) wide and at least 25 cm (9.8 inches) high. Except for size and color, the FUMIGANT marking must be as follows:

(f) A closed cargo transport unit that has been fumigated is not subject to any other provisions of this subchapter if it—

(1) Has been completely ventilated either by opening the doors of the unit or by mechanical ventilation after fumigation, and

(g) For international shipments, transport documents should indicate the date of fumigation, type and amount of fumigant used, and instructions for disposal of any residual fumigant, including fumigation devices.

(h) Any person subject to the requirements of this section, solely due to the fumigated lading, must be informed of the requirements of this section and the safety precautions necessary to protect themselves and others in the event of an incident or accident involving the fumigated lading.

(i) Any person who offers for transportation or transports a rail car, freight container, truck body or trailer that is subject to this subchapter solely because of the hazardous materials designation specified in paragraph (a) of this section is not subject to any requirements of this subchapter other than those contained in this section.

(a) Tank cars containing any 2.1 material (including a cryogenic liquid) or Class 3 material with a flash point below 38 °C (100 °F), except liquid road asphalt or tar, may not be offered for transportation unless originally consigned or subsequently reconsigned to parties having private-siding (see Note 1 of this section) or to parties using railroad siding facilities which have been equipped for piping the liquid from tank cars to permanent storage tanks of sufficient capacity to receive contents of car.

(b) A tank car containing any Class 2 material must not be offered for transportation unless the car is consigned for delivery (see paragraph (c) of this section) and unloading on a private track (see Note 1 of this section) except that where no private track is available, delivery and unloading on carrier tracks is permitted provided the following conditions are complied with:

(1) Any tank car of DOT-106A or 110A type (see §§179.300 and 179.301 of this subchapter) may be offered for transportation and the loaded unit tanks may be removed from car frame on carrier tracks, provided the shipper has obtained from the delivering carrier and filed with originating carrier, written permission (see Note 2 of this section) for such removal. The consignee must furnish adequately safe mechanical hoist, obtained from the carrier if desirable, by which the tanks shall be lifted from the car and deposited directly upon vehicles furnished by the consignee for immediate removal from carrier property or tanks must be lifted by adequately safe mechanical hoist from car directly to vessels for further transportation.

(c) Any tank car of other than DOT-106A or 110A type (see §§179.300 and 179.301 of this subchapter), containing anhydrous ammonia, liquefied hydrocarbon or liquefied petroleum gas, and having interior pipes of liquid and gas discharge valves equipped with check valves, may be consigned for delivery and unloading on carrier tracks, if the lading is piped directly from the car to permanent storage tanks of sufficient capacity to receive the entire contents of the car. Such cars may also be consigned for storage on a private track or on a carrier track when designated by the carrier for such storage.

(d) For cars of the DOT-106A or 110A type (see §§179.300 and 179.301 of this subchapter), the tanks must be placed in position and attached to the car structure by the shipper.

(e) Class 3 materials with a flash point below 38 °C (100 °F) and Division 2.1 materials (including a cryogenic liquid) may not be loaded into tank cars on carrier property from tank trucks or drums.

Note 1: For this purpose, a private track is a track outside of carrier's right-of-way, yard, and terminals, and of which the carrier does not own either the rails, ties, roadbed or right-of-way; or a track or portion of a track which is devoted to the purpose of its user, either by lease or written agreement; in which case the lease or written agreement will be considered as equivalent to ownership.

Note 2: Carriers should give permission for the unloading of these containers on carrier tracks only where no private siding is available within reasonable trucking distance of final destination. The danger involved is the release of compressed gases due to accidental damage to container in handling. The exposure to this danger decreases directly with the isolation of the unloading point.

[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) 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 classed as Class or Division 3, 4.1, 4.2, 4.3, 5.1, 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 and transported for disposal or recovery by highway, rail or cargo vessel only. In addition, a generic description from the §172.101 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.

(i) The outer packaging must be a UN 1A2 or UN 1B2 metal drum, a UN 1D plywood drum, a UN 1G fiber drum or a UN 1H2 plastic drum tested and marked at least for the Packing Group III performance level for liquids or solids;

(ii) 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;

(iv) Inner packagings containing liquid must be surrounded by a chemically compatible absorbent material in sufficient quantity to absorb the total liquid contents; and

(3) Prohibited materials. The following materials may not be packaged or described under the provisions of this paragraph (b): a material poisonous by inhalation, a Division 6.1 Packing Group I material, a Division 4.2 Packing Group I material, chloric acid and oleum (fuming sulfuric acid).

(c) Reuse of packagings. A previously used packaging may be reused for the shipment of waste material transported for disposal or recovery, not subject to the reconditioning and reuse provisions contained in §173.28 and part 178 of this subchapter, under the following conditions:

(1) Except as authorized by this paragraph, the waste must be packaged in accordance with this part and offered for transportation in accordance with the requirements of this subchapter.

(3) A package is not offered for transportation less than 24 hours after it is finally closed for transportation, and each package is inspected for leakage and is found to be free from leaks immediately prior to being offered for transportation.

(4) Each package is loaded by the shipper and unloaded by the consignee, unless the motor carrier is a private or contract carrier.

(5) The packaging may be used only once under this paragraph and may not be used again for shipment of hazardous materials except in accordance with §173.28.

(d) Technical names for n.o.s. descriptions. The requirements for the inclusion of technical names for n.o.s. descriptions on shipping papers and package markings, §§172.203 and 172.301 of this subchapter, respectively, do not apply to packages prepared in accordance with paragraph (b) of this section, except that packages containing materials meeting the definition of a hazardous substance must be described as required in §172.203 of this subchapter and marked as required in §172.324 of this subchapter.

(e) Exceptions from segregation requirements. (1) The provisions of §§174.81(c), 176.83(b) and 177.848(c) of this subchapter do not apply to waste cyanides or waste cyanide mixtures or solutions stored, loaded, or transported with acids in accordance with the following:

(i) The waste cyanides or waste cyanide mixtures or solutions must be packaged in lab packs in accordance with paragraph (b) of this section;

(ii) The acids must be packaged in lab packs in accordance with paragraph (b) of this section or in authorized single packagings not exceeding 208 L (55 gallons) capacity;

(iii) Waste cyanides or waste cyanide mixtures may not exceed 2 kg (4.4 pounds) per inner receptacle and may not exceed 10 kg (22 pounds) per outer packaging; waste cyanide solutions may not exceed 2 L (0.6 gallon) per inner receptacle and may not exceed 10 L (3.0 gallons) per outer packaging.

(A) Separated from the acids by a minimum horizontal distance of 1.2 m (4 feet); and

(B) Loaded at least 100 mm (4 inches) off the floor of the freight container, unit load device, transport vehicle or rail car.

(2) The provisions of §§174.81(d), 176.83(b) and 177.848(d) of this subchapter do not apply to waste Division 4.2 materials stored, loaded or transported with Class 8 liquids in accordance with the following:

(i) The waste Division 4.2 materials are packaged in lab packs in accordance with paragraph (b) of this section;

(ii) The Class 8 liquids are packaged in lab packs in accordance with paragraph (b) of this section or in authorized single packagings not exceeding 208 L (55 gallons) capacity;

(iii) The waste Division 4.2 materials may not exceed 2 kg (4.4 pounds) per inner receptacle and may not exceed 10 kg (22 pounds) per outer packaging;

(iv) The waste Division 4.2 materials must be separated from the Class 8 liquids by a minimum horizontal distance of 1.2 m (4 feet);

(v) The waste Division 4.2 materials and the Class 8 liquids are loaded at least 100 mm (4 inches) off the floor of the freight container, unit load device, transport vehicle or rail car.

(f) Household waste . Household waste, as defined in §171.8 of this subchapter, is not subject to the requirements of this subchapter when transported in accordance with applicable state, local, or tribal requirements.

[Amdt. 173–224, 55 FR 52609, Dec. 21, 1990, as amended at 56 FR 66265, Dec. 20, 1991; Amdt. 173–231, 57 FR 52939, Nov. 5, 1992; Amdt. 173–138, 59 FR 49133, Sept. 26, 1994; 65 FR 50460, Aug. 18, 2000; 65 FR 58629, Sept. 29, 2000; 68 FR 48569, Aug. 14, 2003; 70 FR 3309, Jan. 24, 2005; 73 FR 4717, Jan. 28, 2008; 74 FR 2255, Jan. 14, 2009]

(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.

(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 must be provided such that the inner packaging will not become liquid full at 55 °C (130 °F). The net quantity (measured at 20 °C (68 °F)) of liquid in any inner packaging may not exceed 1 L. For transportation by aircraft, the net quantity in one package may not exceed the quantity specified in columns (9A) or (9B), as appropriate.

(ii) The inner packaging must be placed in a hermetically sealed barrier bag which is impervious to the lading, and then wrapped in a non-reactive absorbent material in sufficient quantity to completely absorb the contents of the inner packaging, and placed in a snugly fitting, metal can.

(iii) The metal can must be securely closed. For liquids that are in Division 4.2 or 4.3, the metal can must be hermetically sealed. For Division 4.2 materials in Packing Group I, the metal can must be tested in accordance with part 178 of this subchapter at the Packing Group I performance level.

(iv) The metal can must be placed in a fiberboard box that is placed in a hermetically sealed barrier bag which is impervious to the lading.

(v) The intermediate packaging must be placed inside a securely closed, outer packaging conforming to §173.201.

(vi) Not more than four intermediate packagings are permitted in an outer packaging.

(i) The hazardous material must be placed in a tightly closed glass, plastic or metal inner packaging. The net quantity of material in any inner packaging may not exceed 2.85kg (6.25 pounds). For transportation by aircraft, the net quantity in one package may not exceed the quantity specified in columns (9A) or (9B), as appropriate.

(ii) The inner packaging must be placed in a hermetically sealed barrier bag which is impervious to the lading.

(iii) The barrier bag and its contents must be placed in a fiberboard box that is placed in a hermetically-sealed barrier bag which is impervious to the lading.

(iv) The intermediate packaging must be placed inside an outer packaging conforming to §173.211.

(v) Not more than four intermediate packagings are permitted in an outer packaging.

(d) The outside of the package must be marked, in association with the proper shipping name, with the statement: “This package conforms to 49 CFR 173.13.”

[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]

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.

(c) Electrical devices, such as batteries and battery-powered devices, which are likely to create sparks or generate a dangerous evolution of heat, unless packaged in a manner which precludes such an occurrence.

(d) For carriage by aircraft, any package which has a magnetic field of more than 0.00525 gauss measured at 4.5 m (15 feet) from any surface of the package.

(e) A material in the same packaging, freight container, or overpack with another material, the mixing of which is likely to cause a dangerous evolution of heat, or flammable or poisonous gases or vapors, or to produce corrosive materials.

(f) A package containing a material which is likely to decompose with a self-accelerated decomposition temperature (SADT) of 50 °C (122 °F) or less, or polymerize at a temperature of 54 °C (130 °F) or less 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. The SADT 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 the table in this paragraph based upon the SADT of the material. The control temperature is the temperature above which a package of the material may not be offered for transportation or transported. The emergency temperature is the temperature at which, due to imminent danger, emergency measures must be initiated.

(2) For self-reactive materials listed in §173.224(b) table control and emergency temperatures, where required are shown in Columns 5 and 6, respectively. For organic peroxides listed in The Organic Peroxides Table in §173.225 control and emergency temperatures, where required, are shown in Columns 7a and 7b, respectively.

(3) Refrigeration may be used as a means of stabilization only when approved by the Associate Administrator. Approvals issued by the Bureau of Explosives are no longer valid (see §171.19 of this subchapter). Methods of stabilization approved by the Associate Administrator are as follows:

(A) A material meeting the criteria of this paragraph (f) may be transported only in a transport vehicle, freight container, or motor vehicle equipped with a mechanical refrigeration unit, or loaded with a consumable refrigerant, capable of maintaining the inside temperature of the hazardous material at or below the control temperature required for the material during transportation.

(B) Each package containing a material meeting the criteria of this paragraph (f) must be loaded and maintained at or below the control temperature required for the material. The temperature of the material must be determined by appropriate means and entered on a written record at the time the packaging is loaded.

(C) The vehicle operator shall monitor the inside temperature of the transport vehicle, freight container, or motor vehicle and enter that temperature on a written record at the time the package is loaded and thereafter at intervals not exceeding two hours. Alternatively, a transport vehicle, freight container, or motor vehicle may be equipped with a visible or audible warning device that activates when the inside temperature of the transport vehicle, freight container, or motor vehicle exceeds the control temperature required for the material. The warning device must be readily visible or audible, as appropriate, from the vehicle operator's seat in the vehicle.

(D) The carrier shall advise the vehicle operator of the emergency temperature for the material, and provide the vehicle operator with written procedures that must be followed to assure maintenance of the control temperature inside the transport vehicle, freight container, or motor vehicle. The written procedures must include instructions for the vehicle operator on actions to take if the inside temperature exceeds the control temperature and approaches or reaches the emergency temperature for the material. In addition, the written temperature-control procedures must identify enroute points where the consumable refrigerant may be procured, or where repairs to, or replacement of, the mechanical refrigeration unit may be accomplished.

(E) The vehicle operator shall maintain the written temperature-control procedures, and the written record of temperature measurements specified in paragraph (f)(3)(i)(C) of this section, if applicable, in the same manner as specified in §177.817 of this subchapter for shipping papers.

(F) If the control temperature is maintained by use of a consumable refrigerant (e.g., dry ice or liquid nitrogen), the quantity of consumable refrigerant must be sufficient to maintain the control temperature for twice the average transit time under normal conditions of transportation.

(G) A material that has a control temperature of 40 °C (104 °F) or higher may be transported by common carrier. A material that has a control temperature below 40 °C (104 °F) must be transported by a private or contract carrier.

(ii) For transportation by vessel, shipments are authorized in accordance with the control temperature requirements in Chapter 7.7 of the IMDG Code (IBR, see §171.7 of this subchapter).

(g) Packages which give off a flammable gas or vapor, released from a material not otherwise subject to this subchapter, likely to create a flammable mixture with air in a transport vehicle.

(h) Packages containing materials (other than those classed as explosive) which will detonate in a fire.

(1) For purposes of this paragraph, “detonate” means an explosion in which the shock wave travels through the material at a speed greater than the speed of sound.

(2) When tests are required to evaluate the performance of a package under the provisions of this paragraph, the testing must be done or approved by one of the agencies specified in §173.56.

(i) Except for a package containing a lighter design sample that meets the requirements of §173.308(b)(2), a package containing a lighter (see §171.8 of this subchapter) containing a Division 2.1 material, of a design that has not been examined and successfully tested by an authorized person under the criteria specified in §173.308(a)(4) or, a lighter design containing a Class 3 material, that has not been approved by the Associate Administrator.

(j) An organic peroxide of the “ketone peroxide” category which contains more than 9 percent available oxygen as calculated using the equation in §173.128(a)(4)(ii). The category, ketone peroxide, includes, but is not limited to:

(k) Notwithstanding any other provision of this subchapter, including subpart C of part 171 and 175.10(a)(2) of this subchapter, an oxygen generator (chemical) as cargo on a passenger-carrying aircraft. This prohibition does not apply to an oxygen generator for medical or personal use of a passenger that meets the requirements of §175.10(a)(7) of this subchapter.

Editorial Note: ForFederal Registercitations affecting §173.21, see the List of CFR Sections Affected which appears in the Finding Aids section of the printed volume and on GPO Access.

§ 173.22 Shipper's responsibility.

(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:

(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);

(3) In making the determination under paragraph (a)(2) of this section, the person may accept:

(i) Except for the marking on the bottom of a metal or plastic drum with a capacity over 100 L which has been reconditioned, remanufactured or otherwise converted, the manufacturer's certification, specification, approval, or exemption or special permit marking (see §§178.2 and 179.1 of this subchapter); or

(ii) With respect to cargo tanks provided by a carrier, the manufacturer's identification plate or a written certification of specification or exemption or special permit provided by the carrier.

(4) For a DOT Specification or UN standard packaging subject to the requirements of part 178 of this subchapter, a person must perform all functions necessary to bring the package into compliance with parts 173 and 178 of this subchapter, as identified by the packaging manufacturer or subsequent distributor (for example, applying closures consistent with the manufacturer's closure instructions) in accordance with §178.2 of this subchapter.

(b) No person may offer a motor carrier any hazardous material specified in 49 CFR 385.403 unless that motor carrier holds a safety permit issued by the Federal Motor Carrier Safety Administration.

(c) Prior to each shipment of fissile radioactive materials, and Type B or highway route controlled quantity packages of radioactive materials (see §173.403), the shipper shall notify the consignee of the dates of shipment and expected arrival. The shipper shall also notify each consignee of any special loading/unloading instructions prior to his first shipment. For any shipment of irradiated reactor fuel, the shipper shall provide physical protection in compliance with a plan established under:

Editorial Note: ForFederal Registercitations affecting §173.22, see the List of CFR Sections Affected which appears in the Finding Aids section of the printed volume and on GPO Access.

§ 173.22a Use of packagings authorized under special permits.

(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://hazmat.dot.gov/specialpermits_index.htm 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.

(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.

(c) After July 2, 1982, a seamless aluminum cylinder manufactured in conformance with and for use under DOT special permit (SP) or exemption (E) 6498, 7042, 8107, 8364 or 8422 may be continued in use if marked before or at the time of the next retest with either the specification identification “3AL” immediately above the special permit or exemption number, or the DOT mark (e.g., DOT 3AL 1800) in proximity to the special permit or exemption marking.

(d) Cylinders (spheres) manufactured and marked under DOT special permit (SP) or exemption (E) 6616 prior to January 1, 1983, may be continued in use if marked before or at the time of the next retest with the specification identification “4BA” near the special permit or exemption marking.

(e) After October 1, 1984, cylinders manufactured for use under special permit (SP) or exemption (E) 6668 or 8404 may be continued in use, and must be marked “DOT-4LXXXYY” (XXX to be replaced by the service pressure, YY to be replaced by the letters “AL”, if applicable) in compliance with Specification 4L (§178.57 of this subchapter) on or before January 1, 1986. The “DOT-4LXXXYY” must appear in proximity to other required special permit or exemption markings.

(f) An MC 331 cargo tank motor vehicle must conform to structural integrity requirements in §178.337–3 or to corresponding requirements in effect at the time of manufacture.

(g) A non-bulk packaging manufactured, tested, marked, and certified on or before September 30, 1996, in accordance with the applicable provisions of subparts L and M of part 178 of this subchapter in effect on September 30, 1995, may be used as authorized by this subchapter if the packaging conforms to all requirements applicable at the time of manufacture. In addition, such a packaging may be reused as authorized by §173.28 without a nominal thickness marking, if it conforms to the minimum thickness criteria prescribed in §173.28(b)(4).

(h) An exemption packaging or shipping paper that is permanently marked “DOT-E” prior to October 1, 2007, may continue in use as long as the exemption or special permit remains valid, unless otherwise specified in the exemption or special permit.

Editorial Note: ForFederal Registercitations affecting §173.23, see the List of CFR Sections Affected which appears in the Finding Aids section of the printed volume and on GPO Access.

§ 173.24 General requirements for packagings and packages.

(a) Applicability. Except as otherwise provided in this subchapter, the provisions of this section apply to—

(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.

(1) The packaging is prescribed or permitted for the hazardous material in a packaging section specified for that material in Column 8 of the §172.101 table and conforms to applicable requirements in the special provisions of Column 7 of the §172.101 table and, for specification packagings (but not including UN standard packagings manufactured outside the United States), the specification requirements in parts 178 and 179 of this subchapter; or

(2) The packaging is permitted under, and conforms to, provisions contained in subparts B or C of part 171 of this subchapter or §§173.3, 173.4, 173.4a, 173.4b, 173.5, 173.5a, 173.6, 173.7, 173.8, 173.27, or §176.11 of this subchapter.

(d) Specification packagings and UN standard packagings manufactured outside the U.S. —(1) Specification packagings. A specification packaging, including a UN standard packaging manufactured in the United States, must conform in all details to the applicable specification or standard in part 178 or part 179 of this subchapter.

(2) UN standard packagings manufactured outside the United States. A UN standard packaging manufactured outside the United States, in accordance with national or international regulations based on the UN Recommendations (IBR, see §171.7 of this subchapter), may be imported and used and is considered to be an authorized packaging under the provisions of paragraph (c)(1) of this section, subject to the following conditions and limitations:

(i) The packaging fully conforms to applicable provisions in the UN Recommendations and the requirements of this subpart, including reuse provisions;

(ii) The packaging is capable of passing the prescribed tests in part 178 of this subchapter applicable to that standard; and

(iii) The competent authority of the country of manufacture provides reciprocal treatment for UN standard packagings manufactured in the U.S.

(e) Compatibility. (1) Even though certain packagings are specified in this part, it is, nevertheless, the responsibility of the person offering a hazardous material for transportation to ensure that such packagings are compatible with their lading. This particularly applies to corrosivity, permeability, softening, premature aging and embrittlement.

(2) Packaging materials and contents must be such that there will be no significant chemical or galvanic reaction between the materials and contents of the package.

(3) Plastic packagings and receptacles. (i) Plastic used in packagings and receptacles must be of a type compatible with the lading and may not be permeable to an extent that a hazardous condition is likely to occur during transportation, handling or refilling.

(ii) Each plastic packaging or receptacle which is used for liquid hazardous materials must be capable of withstanding without failure the procedure specified in appendix B of this part (“Procedure for Testing Chemical Compatibility and Rate of Permeation in Plastic Packagings and Receptacles”). The procedure specified in appendix B of this part must be performed on each plastic packaging or receptacle used for Packing Group I materials. The maximum rate of permeation of hazardous lading through or into the plastic packaging or receptacles may not exceed 0.5 percent for materials meeting the definition of a Division 6.1 material according to §173.132 and 2.0 percent for other hazardous materials, when subjected to a temperature no lower than—

(A) 18 °C (64 °F) for 180 days in accordance with Test Method 1 in appendix B of this part;

(B) 50 °C (122 °F) for 28 days in accordance with Test Method 2 in appendix B of this part; or

(iii) Alternative procedures or rates of permeation are permitted if they yield a level of safety equivalent to or greater than that provided by paragraph (e)(3)(ii) of this section and are specifically approved by the Associate Administrator.

(4) Mixed contents. Hazardous materials may not be packed or mixed together in the same outer packaging with other hazardous or nonhazardous materials if such materials are capable of reacting dangerously with each other and causing—

(5) Packagings used for solids, which may become liquid at temperatures likely to be encountered during transportation, must be capable of containing the hazardous material in the liquid state.

(f) Closures. (1) Closures on packagings shall be so designed and closed that under conditions (including the effects of temperature, pressure and vibration) normally incident to transportation—

(i) Except as provided in paragraph (g) of this section, there is no identifiable release of hazardous materials to the environment from the opening to which the closure is applied; and

(ii) The closure is leakproof and secured against loosening. For air transport, stoppers, corks or other such friction closures must be held in place by positive means.

(2) Except as otherwise provided in this subchapter, a closure (including gaskets or other closure components, if any) used on a specification packaging must conform to all applicable requirements of the specification and must be closed in accordance with information, as applicable, provided by the manufacturer's notification required by §178.2 of this subchapter.

(g) Venting. Venting of packagings, to reduce internal pressure which may develop by the evolution of gas from the contents, is permitted only when—

(1) Except for shipments of cryogenic liquids as specified in §173.320(c) and of carbon dioxide, solid (dry ice), transportation by aircraft is not involved;

(2) Except as otherwise provided in this subchapter, the evolved gases are not poisonous, likely to create a flammable mixture with air or be an asphyxiant under normal conditions of transportation;

(3) The packaging is designed so as to preclude an unintentional release of hazardous materials from the receptacle;

(4) For bulk packagings, other than IBCs, venting is authorized for the specific hazardous material by a special provision in the §172.101 table or by the applicable bulk packaging specification in part 178 of this subchapter; and

(5) Intermediate bulk packagings (IBCs) may be vented when required to reduce internal pressure that may develop by the evolution of gas subject to the requirements of paragraphs (g)(1) through (g)(3) of this section. The IBC must be of a type that has successfully passed (with the vent in place) the applicable design qualification tests with no release of hazardous material.

(h) Outage and filling limits—(1) General. When filling packagings and receptacles for liquids, sufficient ullage (outage) must be left to ensure that neither leakage nor permanent distortion of the packaging or receptacle will occur as a result of an expansion of the liquid caused by temperatures likely to be encountered during transportation. Requirements for outage and filling limits for non-bulk and bulk packagings are specified in §§173.24a(d) and 173.24b(a), respectively.

(2) Compressed gases and cryogenic liquids. Filling limits for compressed gases and cryogenic liquids are specified in §§173.301 through 173.306 for cylinders and §§173.314 through 173.319 for bulk packagings.

(i) Air transportation. Except as provided in subpart C of part 171 of this subchapter, packages offered or intended for transportation by aircraft must conform to the general requirements for transportation by aircraft in §173.27.

[Amdt. 173–224, 55 FR 52610, Dec. 21, 1990, as amended by Amdt. 173–227, 56 FR 49989, Oct. 2, 1991; 56 FR 66265, Dec. 20, 1991; Amdt. 173–238, 59 FR 38064, July 26, 1994; Amdt. 173–241, 59 FR 67491, Dec. 29, 1994; Amdt. 173–242, 60 FR 26805, May 18, 1995; 66 FR 8647, Feb. 1, 2001; 66 FR 45379, 81, Aug. 28, 2001; 68 FR 45032, July 31, 2003; 68 FR 75742, Dec. 31, 2003; 69 FR 76154, Dec. 20, 2004; 72 FR 25176, May 3, 2007; 73 FR 4717, Jan. 28, 2008; 74 FR 2255, Jan. 14, 2009]

(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 single or composite non-bulk packaging may be filled with a liquid hazardous material only when the specific gravity of the material 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 marked on the packaging, provided all the performance criteria can still be met with the higher specific gravity material;

(ii) A Packing Group I packaging may be used for a Packing Group III material with a specific gravity not exceeding the greater of 2.7, or 2.25 times the specific gravity marked on the packaging, provided all the performance criteria can still be met with the higher specific gravity material; and

(iii) A Packing Group II packaging may be used for a Packing Group III material with a specific gravity not exceeding the greater of 1.8, or 1.5 times the specific gravity marked on the packaging, provided all the performance criteria can still be met with the higher specific gravity material.

(2) Except as otherwise provided in this section, a non-bulk packaging may not be filled with a hazardous material to a gross mass greater than the maximum gross mass marked on the packaging.

(3) A single or composite non-bulk packaging which is tested and marked for liquid hazardous materials may be filled with a solid hazardous material to a gross mass, in kilograms, not exceeding the rated capacity of the packaging in liters, multiplied by the specific gravity marked on the packaging, or 1.2 if not marked. In addition:

(i) A single or composite non-bulk packaging which is tested and marked for Packing Group I liquid hazardous materials may be filled with a solid Packing Group II hazardous material to a gross mass, in kilograms, not exceeding the rated capacity of the packaging in liters, multiplied by 1.5, multiplied by the specific gravity marked on the packaging, or 1.2 if not marked.

(ii) A single or composite non-bulk packaging which is tested and marked for Packing Group I liquid hazardous materials may be filled with a solid Packing Group III hazardous material to a gross mass, in kilograms, not exceeding the rated capacity of the packaging in liters, multiplied by 2.25, multiplied by the specific gravity marked on the packaging, or 1.2 if not marked.

(iii) A single or composite non-bulk packaging which is tested and marked for Packing Group II liquid hazardous materials may be filled with a solid Packing Group III hazardous material to a gross mass, in kilograms, not exceeding the rated capacity of the packaging in liters, multiplied by 1.5, multiplied by the specific gravity marked on the packaging, or 1.2 if not marked.

(4) Packagings tested as prescribed in §178.605 of this subchapter and marked with the hydrostatic test pressure as prescribed in §178.503(a)(5) of this subchapter may be used for liquids only when the vapor pressure of the liquid conforms to one of the following:

(i) The vapor pressure must be such that the total pressure in the packaging (i.e., the vapor pressure of the liquid plus the partial pressure of air or other inert gases, less 100 kPa (15 psia)) at 55 °C (131 °F), determined on the basis of a maximum degree of filling in accordance with paragraph (d) of this section and a filling temperature of 15 °C (59 °F)), will not exceed two-thirds of the marked test pressure;

(ii) The vapor pressure at 50 °C (122 °F) must be less than four-sevenths of the sum of the marked test pressure plus 100 kPa (15 psia); or

(iii) The vapor pressure at 55 °C (131 °F) must be less than two-thirds of the sum of the marked test pressure plus 100 kPa (15 psia).

(i) The inner and outer packagings used for each hazardous material conform to the relevant packaging sections of this part applicable to that hazardous material;

(ii) The package as prepared for shipment meets the performance tests prescribed in part 178 of this subchapter for the packing group indicating the highest order of hazard for the hazardous materials contained in the package;

(iii) Corrosive materials (except ORM-D) in bottles are further packed in securely closed inner receptacles before packing in outer packagings; and

(iv) For transportation by aircraft, the total net quantity does not exceed the lowest permitted maximum net quantity per package as shown in Column 9a or 9b, as appropriate, of the §172.101 table. The permitted maximum net quantity must be calculated in kilograms if a package contains both a liquid and a solid.

(2) A packaging containing inner packagings of Division 6.2 materials may not contain other hazardous materials except—

(i) Refrigerants, such as dry ice or liquid nitrogen, as authorized under the HMR;

(iii) Small quantities of Class 3, Class 8, Class 9, or other materials in Packing Groups II or III used to stabilize or prevent degradation of the sample, provided the quantity of such materials does not exceed 30 mL (1 ounce) or 30 g (1 ounce) in each inner packaging. The maximum quantity in an outer package, including a hazardous material used to preserve or stabilize a sample, may not exceed 4 L (1 gallon) or 4 kg (8.8 pounds). Such preservatives are not subject to the requirements of this subchapter.

(d) Liquids must not completely fill a receptacle at a temperature of 55 °C (131 °F) or less.

[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]

(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—

(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

(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:

e₀= Required thickness of the reference stainless steel in mm or inches respectively;

Rm₁= Specified minimum tensile strength of the steel used in deka-newtons per square millimeter or pounds per square inch respectively; and

A₁= Specified minimum percentage elongation of the steel used multiplied by 100 (for example, 20 percent times 100 equals 20). Elongation values used must be determined from a 50 mm or 2 inch test specimen.

(c) Air pressure in excess of ambient atmospheric pressure may not be used to load or unload any lading which may create an air-enriched mixture within the flammability range of the lading in the vapor space of the tank.

(2) Except as otherwise provided in this subchapter, exceeds the maximum weight of lading marked on the specification plate.

(e) Stacking of IBCs and Large Packagings. (1) IBCs and Large Packagings not designed and tested to be stacked. No packages or freight (hazardous or otherwise) may be stacked upon an IBC or a Large Packaging that was not designed and tested to be stacked upon.

(2) IBCs and Large Packagings designed and tested to be stacked. The superimposed weight placed upon an IBC or a Large Packaging designed to be stacked may not exceed the maximum permissible stacking test mass marked on the packaging.

(f) UN portable tanks. (1) A UN portable tank manufactured in the United States must conform in all details to the applicable requirements in parts 172, 173, 178 and 180 of this subchapter.

(2) UN portable tanks manufactured outside the United States. A UN portable tank manufactured outside the United States, in accordance with national or international regulations based on the UN Recommendations (IBR, see §171.7 of this subchapter), which is an authorized packaging under §173.24 of this subchapter, may be filled, offered and transported in the United States, if the §172.101 Table of this subchapter authorizes the hazardous material for transportation in the UN portable tank and it conforms to the applicable T codes, and tank provision codes, or other special provisions assigned to the hazardous material in Column (7) of the Table. In addition, the portable tank must—

(i) Conform to applicable provisions in the UN Recommendations (IBR, see §171.7 of this subchapter) and the requirements of this subpart;

(ii) Be capable of passing the prescribed tests and inspections in part 180 of this subchapter applicable to the UN portable tank specification;

(iii) Be designed and manufactured according to the ASME Code (IBR, see §171.7 of this subchapter) or a pressure vessel design code approved by the Associate Administrator;

(iv) Be approved by the Associate Administrator when the portable tank is designed and constructed under the provisions of an alternative arrangement (see §178.274(a)(2) of this subchapter); and

(v) The competent authority of the country of manufacture must provide reciprocal treatment for UN portable tanks manufactured in the United States.

[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 15743, Apr. 3, 2002; 68 FR 75742, Dec. 31, 2003; 74 FR 2255, Jan. 14, 2009]

(a) Authorized packages containing hazardous materials may be offered for transportation in an overpack as defined in §171.8 of this subchapter, if all of the following conditions are met:

(1) The package meets the requirements of §§173.21 and 173.24 of this subchapter.

(2) The overpack is marked with the proper shipping name and identification number, when applicable, and is labeled as required by this subchapter for each hazardous material contained therein, unless marking and labels representative of each hazardous material in the overpack are visible.

(3) Each package subject to the orientation marking requirements of §172.312 of this subchapter is packed in the overpack with its filling holes up and the overpack is marked with package orientation marking arrows on two opposite vertical sides of the overpack with the arrows pointing in the correct direction of orientation.

(4) The overpack is marked with the word “OVERPACK” when specification packagings are required, unless specification markings on the inside packages are visible.

(5) Packages containing Class 8 (corrosive) materials in Packing Group I or Division 5.1 (oxidizing) materials in Packing Group I may not be overpacked with any other materials.

(b) Shrink-wrapped or stretch-wrapped trays may be used as outer packagings for inner packagings prepared in accordance with the limited quantity provisions or consumer commodity provisions of this subchapter, provided that—

(1) Inner packagings are not fragile, liable to break or be easily punctured, such as those made of glass, porcelain, stoneware or certain plastics; and

(c) Hazardous materials which are required to be labeled POISON may be transported in the same motor vehicle with material that is marked or known to be foodstuffs, feed or any edible material intended for consumption by humans or animals provided the hazardous material is marked, labeled, and packaged in accordance with this subchapter, conforms to the requirements of paragraph (a) of this section and is overpacked as specified in §177.841(e) of this subchapter or in an overpack which is a UN 1A2, 1B2, or 1N2 drum tested and marked for a Packing Group II or higher performance level.

[Amdt. 173–165, 48 FR 28099, June 20, 1983, as amended by Amdt. 173–224, 55 FR 52612 Dec. 21, 1990; 56 FR 66266, Dec. 20, 1991; Amdt. 173–234, 58 FR 51532, Oct. 1, 1993; Amdt. 173–214, 59 FR 67491, Dec. 29, 1994; 64 FR 10776, Mar. 5, 1999; 68 FR 45032, July 31, 2003; 69 FR 76155, Dec. 20, 2004; 70 FR 34397, June 14, 2005; 73 FR 57005, Oct. 1, 2008]

When quantity limitations do not appear in the packaging requirements of this subchapter, the permitted gross weight or capacity authorized for a packaging is as shown in the packaging specification or standard in part 178 or 179, as applicable, of this subchapter.

(a) The requirements of this section are in addition to the requirements in §173.24 and apply to packages offered or intended for transportation aboard aircraft. Except for materials not subject to performance packaging requirements in subpart E of this part, a packaging containing a Packing Group III material with a primary or subsidiary risk of Division 4.1, 4.2, 4.3, 5.1, or Class 8 must meet the Packing Group II performance level when offered or intended for transportation by aircraft.

(b) 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) Packagings for which retention of liquid is a basic function must be capable of withstanding without leakage the greater of—

(i) An internal pressure which produces a gauge pressure of not less than 75 kPa (11 psig) for liquids in Packing Group III of Class 3 or Division 6.1; or 95 kPa (14 psig) for other liquids; or

(ii) A pressure related to the vapor pressure of the liquid to be conveyed, determined by one of the following:

(A) The total gauge pressure measured in the receptacle (i.e., the vapor pressure of the material and the partial pressure of air or other inert gases, less 100 kPa (15 psia)) at 55 °C (131 °F), multiplied by a safety factor of 1.5; determined on the basis of a filling temperature of 15 °C (59 °F) and a degree of filling such that the receptacle is not completely liquid full at a temperature of 55 °C (131 °F) or less;

(B) 1.75 times the vapor pressure at 50 °C (122 °F) less 100 kPa (15 psia); or

(i) Hazardous materials may be contained in an inner packaging which does not itself meet the pressure requirement provided that the inner packaging is packed within a supplementary packaging which does meet the pressure requirement and other applicable packaging requirements of this subchapter.

(ii) Packagings which are subject to the hydrostatic pressure test and marking requirements of §§178.605 and 178.503(a)(5), respectively, of this subchapter must have a marked test pressure of not less than 250 kPa (36 psig) for liquids in Packing Group I, 80 kPa (12 psig) for liquids in Packing Group III of Class 3 or Division 6.1, and 100 kPa (15 psig) for other liquids.

(d) Closures. Stoppers, corks or other such friction-type closures must be held securely, tightly and effectively in place by positive means. Each screw-type closure on any packaging must be secured to prevent closure from loosening due to vibration or substantial change in temperature.

(e) Absorbent materials. Except as otherwise provided in this subchapter, liquid hazardous materials of Class 3, 4, or 8, or Division 5.1, 5.2 or 6.1 that are packaged and offered for transport in glass, earthenware, plastic or metal inner packagings must be packaged using absorbent material as follows:

(1) Packing Group I liquids on passenger aircraft must be packaged using materials capable of absorbing the entire contents of the inner packagings.

(2) Packing Group I liquids on cargo aircraft, and Packing Group II liquids including Division 5.2 liquids on passenger and cargo aircraft, must be packaged using a sufficient quantity of absorbent material to absorb the entire contents of any one of the inner packagings containing such liquids. When the inner packagings are of different sizes and quantities, sufficient absorbent material must be used to absorb the entire contents of the inner packaging with the greatest volume of liquid.

(3) When absorbent materials are required and the outer packaging is not liquid tight, a means of containing the liquid in the event of a leakage must be provided in the form of a leakproof liner, plastic bag or other equally efficient means of containment.

(4) Absorbent material must not react dangerously with the liquid (see §§173.24 and 173.24a.).

(5) Absorbent material is not required if the inner packagings are so protected that they are unlikely to break and leak their contents from the outer packaging under normal conditions of transportation.

(f) Combination packagings. Unless otherwise specified in this part, or in §171.11 of this subchapter, when combination packagings are offered for transportation aboard aircraft, inner packagings must conform to the quantity limitations set forth in table 1 of this paragraph for transport aboard passenger-carrying aircraft and table 2 of this paragraph for transport aboard cargo aircraft only, as follows:

(g) Cylinders. For any cylinder containing hazardous materials and incorporating valves, sufficient protection must be provided to prevent operation of, and damage to, the valves during transportation, by one of the following methods:

(1) By equipping each cylinder with securely attached valve caps or protective headrings; or

(h) Tank cars and cargo tanks. Any tank car or cargo tank containing a hazardous material may not be transported aboard aircraft.

(i) Effective October 1, 2006, each person who offers a hazardous material for transportation by aircraft must include the certification statement specified in §172.204(c)(3).

[Amdt. 173–224, 55 FR 52612, Dec. 21, 1990, as amended at 56 FR 66266, Dec. 20, 1991; Amdt. 173–138, 59 FR 49133, Sept. 26, 1994; 65 FR 58629, Sept. 29, 2000; 66 FR 45380, Aug. 28, 2001; 68 FR 45032, July 31, 2003; 69 FR 76155, Dec. 20, 2004; 71 FR 14602, Mar. 22, 2006; 73 FR 57006, Oct. 1, 2008]

(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.

(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 following minimum thickness criteria:

¹ Metal drums or jerricans with a minimum thickness of 0.82 mm body and 1.09 mm heads which are manufactured and marked prior to January 1, 1997 may be reused. Metal drums or jerricans manufactured and marked on or after January 1, 1997, and intended for reuse, must be constructed with a minimum thickness of 0.82 mm body and 1.11 mm heads.

(ii) For stainless steel drums and jerricans, conform to a minimum wall thickness as determined by the following equivalence formula:

e₁= required equivalent wall thickness of the metal to be used (in mm or, for U.S. Standard units, use inches).

e₀= required minimum wall thickness for the reference steel (in mm or, for U.S. Standard units, use inches).

Rm₁= guaranteed minimum tensile strength of the metal to be used (in N/mm² or for U.S. Standard units, use psi).

A₁= guaranteed minimum elongation (as a percentage) of the metal to be used on fracture under tensile stress (see paragraph (c)(1) of this section).

(5) Plastic inner receptacles of composite packagings must have a minimum thickness of 1.0 mm (0.039 inch).

(6) A previously used non-bulk packaging may be reused for the shipment of hazardous waste, not subject to the reconditioning and reuse provisions of this section, in accordance with §173.12(c).

(7) Notwithstanding the provisions of paragraph (b)(2) of this section, a packaging otherwise authorized for reuse may be reused without being leakproofness tested with air provided the packaging—

(iii) Is transported in a transport vehicle or freight container under the exclusive use of the refiller of the packaging; and

(A) Stainless steel, monel or nickel with a thickness not less than one and one-half times the minimum thickness prescribed in paragraph (b)(4) of this section;

(B) Plastic, provided the packaging is not refilled for reuse on a date more than five years from the date of manufacture marked on the packaging in accordance with §178.503(a)(6) of this subchapter; or

(C) Another material or thickness when approved under the conditions established by the Associate Administrator for reuse without retesting.

(i) Cleaning to base material of construction, with all former contents, internal and external corrosion, and any external coatings and labels removed;

(ii) Restoring to original shape and contour, with chimes (if any) straightened and sealed, and all non-integral gaskets replaced: and

(iii) Inspecting after cleaning but before painting, Packagings that have visible pitting, significant reduction in material thickness, metal fatigue, damaged threads or closures, or other significant defects, must be rejected.

(2) For the purpose of this subchapter, reconditioning of a non-bulk packaging other than a metal drum includes:

(i) Removal of all former contents, external coatings and labels, and cleaning to the original materials of construction;

(ii) Inspection after cleaning with rejection of packagings with visible damage such as tears, creases or cracks, or damaged threads or closures, or other significant defects;

(iii) Replacement of all non-integral gaskets and closure devices with new or refurbished parts, and cushioning and cushioning materials; and components including gaskets, closure devices and cushioning and cushioning material. (For a UN 1H1 plastic drum, replacing a removable gasket or closure device with another of the same design and material that provides equivalent performance does not constitute reconditioning); and

(iv) Ensuring that the packagings are restored to a condition that conforms in all respects with the prescribed requirements of this subchapter.

(3) A person who reconditions a packaging manufactured and marked under the provisions of subpart L of part 178 of this subchapter, shall mark that packaging as required by §178.503(c) and (d) of this subchapter. The marking is the certification of the reconditioner that the packaging conforms to the standard for which it is marked and that all functions performed by the reconditioner which are prescribed by this subchapter have been performed in compliance with this subchapter.

(4) The markings applied by the reconditioner may be different from those applied by the manufacturer at the time of original manufacture, but may not identify a greater performance capability than that for which the original design type had been tested (for example, the reconditioner may mark a drum which was originally marked as 1A1/Y1.8 as 1A1/Y1.2 or 1A1/Z2.0).

(5) Packagings which have significant defects which cannot be repaired may not be reused.

(d) Remanufacture of non-bulk packagings. For the purpose of this subchapter, remanufacture is the conversion of a non-specification, non-bulk packaging to a DOT specification or U.N. standard, the conversion of a packaging meeting one specification or standard to another specification or standard (for example, conversion of 1A1 non-removable head drums to 1A2 removable head drums) or the replacement of integral structural packaging components (such as non-removable heads on drums). A person who remanufactures a non-bulk packaging to conform to a specification or standard in part 178 of this subchapter is subject to the requirements of part 178 of this subchapter as a manufacturer.

(e) Non-reusable containers. A packaging marked as NRC according to the DOT specification or UN standard requirements of part 178 of this subchapter may be reused for the shipment of any material not required by this subchapter to be shipped in a DOT specification or UN standard packaging.

(f) A Division 6.2 packaging to be reused must be disinfected prior to reuse by any means effective for neutralizing the infectious substance the packaging previously contained. A secondary packaging or outer packaging conforming to the requirements of §173.196 or §173.199 need not be disinfected prior to reuse if no leakage from the primary receptacle has occurred.

Editorial Note: ForFederal Registercitations affecting §173.28, see the List of CFR Sections Affected which appears in the Finding Aids section of the printed volume and on GPO Access.

§ 173.29 Empty packagings.

(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;

(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

(B) A Division 2.2 non-flammable gas, other than ammonia, anhydrous, and with no subsidiary hazard, at a gauge pressure less than 200 kPa (29.0 psig); at 20 °C (68 °F); and

(3) Any material contained in the packaging does not meet the definitions in §171.8 of this subchapter for a hazardous substance, a hazardous waste, or a marine pollutant.

(c) A non-bulk packaging containing only the residue of a hazardous material covered by Table 2 of §172.504 of this subchapter that is not a material poisonous by inhalation or its residue shipped under the subsidiary placarding provisions of §172.505—

(1) Does not have to be included in determining the applicability of the placarding requirements of subpart F of part 172 of this subchapter; and

(2) Is not subject to the shipping paper requirements of this subchapter when collected and transported by a contract or private carrier for reconditioning, remanufacture or reuse.

(d) Notwithstanding the stowage requirements in Column 10a of the §172.101 table for transportation by vessel, an empty drum or cylinder may be stowed on deck or under deck.

(e) Specific provisions for describing an empty packaging on a shipping paper appear in §172.203(e) of this subchapter.

(g) A package which contains a residue of an elevated temperature material may remain marked in the same manner as when it contained a greater quantity of the material even though it no longer meets the definition in §171.8 of this subchapter for an elevated temperature material.

(h) A package that contains a residue of a hazardous substance, Class 9, listed in the §172.101 Table, Appendix A, Table I, that does not meet the definition of another hazard class and is not a hazardous waste or marine pollutant, may remain marked, labeled and, if applicable, placarded in the same manner as when it contained a greater quantity of the material even though it no longer meets the definition in §171.8 of this subchapter for a hazardous substance.

[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]

A person who is subject to the loading and unloading regulations in this subchapter must load or unload hazardous materials into or from a transport vehicle or vessel in conformance with the applicable loading and unloading requirements of parts 174, 175, 176, and 177 of this subchapter.

(a) 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.

(i) When the tank car delimiter is an “A,” offerors may also use tank cars with a delimiter “S,” “J” or “T”.

(ii) When the tank car delimiter is an “S,” offerors may also use tank cars with a delimiter “J” or “T”.

(iii) When a tank car delimiter is a “T” offerors may also use tank cars with a delimiter of “J”.

(iv) When a tank car delimiter is a “J”, offerors may not use a tank car with any other delimiter.

(7) A class DOT-103 or DOT-104 tank car may continue to be used for the transportation of a hazardous material if it meets the requirements of this subchapter and the design requirements in Part 179 of this subchapter in effect on September 30, 2003; however, no new construction is authorized.

(8) A tank car authorized by the Transport Canada TDG Regulations (IBR, see §171.7 of this subchapter) may be used provided it conforms to the applicable requirements in §171.12 of this subchapter.

(b) Safety systems —(1) Coupler vertical restraint. Each tank car conforming to a DOT specification and any other tank car used for transportation of a hazardous material must be equipped with a coupler vertical restraint system that meets the requirements of §179.14 of this subchapter.

(2) Pressure relief devices. (i) Pressure relief devices on tank cars must conform to part 179 of this subchapter.

(ii) A single-unit tank car transporting a Division 6.1 PG I or II, or Class 2, 3, or 4 material must have a reclosing pressure relief device. However, a single-unit tank car built before January 1, 1991, and equipped with a non-reclosing pressure relief device may be used to transport a Division 6.1 PG I or II material or a Class 4 liquid provided such materials do not meet the definition of a material poisonous by inhalation.

(3) Tank-head puncture-resistance requirements. The following tank cars must have a tank-head puncture-resistance system that conforms to the requirements in §179.16 of this subchapter, or to the corresponding requirements in effect at the time of installation:

(ii) Tank cars constructed from aluminum or nickel plate that are used to transport hazardous material.

(iii) Except as provided in paragraph (b)(3)(iv) of this section, those tank cars specified in paragraphs (b)(3)(i) and (ii) of this section not requiring a tank-head puncture resistance system prior to July 1, 1996, must have a tank-head puncture resistance system installed no later than July 1, 2006.

(iv) Class DOT 105A tank cars built prior to September 1, 1981, having a tank capacity less than 70 kl (18,500 gallons), and used to transport a Division 2.1 (flammable gas) material, must have a tank-head puncture-resistant system installed no later than July 1, 2001.

(4) Thermal protection requirements. The following tank cars must have thermal protection that conforms to the requirements of §179.18 of this subchapter:

(i) Tank cars transporting a Class 2 material, except for a class 106, 107A, 110, and 113 tank car. A tank car equipped with a thermal protection system conforming to §179.18 of this subchapter, or that has an insulation system having an overall thermal conductance of no more than 0.613 kilojoules per hour, per square meter, per degree Celsius temperature differential (0.03 B.t.u. per square foot, per hour, per degree Fahrenheit temperature differential), conforms to this requirement.

(ii) A tank car transporting a Class 2 material that was not required to have thermal protection prior to July 1, 1996, must be equipped with thermal protection no later than July 1, 2006.

(5) Bottom-discontinuity protection requirements. No person may offer for transportation a hazardous material in a tank car with bottom-discontinuity protection unless the tank car has bottom-discontinuity protection that conforms to the requirements of E9.00 and E10.00 of the AAR Specifications for Tank Cars (IBR, see §171.7 of this subchapter). Tank cars not requiring bottom-discontinuity protection under the terms of Appendix Y of the AAR Specifications for Tank Cars as of July 1, 1996, must conform to these requirements no later than July 1, 2006, except that tank cars transporting a material that is hazardous only because it meets the definition of an elevated temperature material or because it is molten sulfur do not require bottom discontinuity protection.

(6) Scheduling of modifications and progress reporting. The date of conformance for the continued use of tank cars subject to paragraphs (b)(4), (b)(5), and (f) of this section and §173.314(j) is subject to the following conditions and limitations.

(i) Each tank car owner shall modify, reassign, retire, or remove at least 50 percent of their in-service tank car fleet within the first half of the compliance period and the remainder of their in-service tank car fleet during the second half of the compliance period.

(ii) By October 1 of each year, each owner of a tank car subject to this paragraph (b)(6) shall submit to the Federal Railroad Administration, Hazardous Materials Division, Office of Safety Assurance and Compliance, 1120 Vermont Avenue, Mail Stop 25, Washington, DC 20590, a progress report that shows the total number of in-service tank cars that need head protection, thermal protection, or bottom-discontinuity protection; the number of new or different tank cars acquired to replace those tank cars required to be upgraded to a higher service pressure; and the total number of tank cars modified, reassigned, acquired, retired, or removed from service the previous year.

(c) Tank car test pressure. A tank car used for the transportation of a hazardous material must have a tank test pressure equal to or greater than the greatest of the following:

(1) Except for shipments of carbon dioxide, anhydrous hydrogen chloride, vinyl fluoride, ethylene, or hydrogen, 133 percent of the sum of lading vapor pressure at the reference temperature of 46 °C (115 °F) for non-insulated tank cars or 41 °C (105 °F) for insulated tank cars plus static head, plus gas padding pressure in the vacant space of a tank car;

(2) 133 percent of the maximum loading or unloading pressure, whichever is greater;

(3) 20.7 Bar (300 psig) for materials that are poisonous by inhalation (see §173.31(e)(2)(ii) for compliance dates);

(4) The minimum pressure prescribed by the specification in part 179 of this subchapter; or

(5) The minimum test pressure prescribed for the specific hazardous material in the applicable packaging section in subpart F or G of this part.

(d) Examination before shipping. (1) No person may offer for transportation a tank car containing a hazardous material or a residue of a hazardous material unless that person determines that the tank car is in proper condition and safe for transportation. As a minimum, each person offering a tank car for transportation must perform an external visual inspection that includes:

(i) Except where insulation or a thermal protection system precludes an inspection, the tank shell and heads for abrasion, corrosion, cracks, dents, distortions, defects in welds, or any other condition that makes the tank car unsafe for transportation;

(ii) The piping, valves, fittings, and gaskets for corrosion, damage, or any other condition that makes the tank car unsafe for transportation;

(iii) For missing or loose bolts, nuts, or elements that make the tank car unsafe for transportation;

(iv) All closures on tank cars and determine that the closures and all fastenings securing them are properly tightened in place by the use of a bar, wrench, or other suitable tool;

(vi) The pressure relief device, including a careful inspection of the rupture disc in non-reclosing pressure relief devices, for corrosion or damage that may alter the intended operation of the device;

(vii) Each tell-tale indicator after filling and prior to transportation to ensure the integrity of the rupture disc;

(viii) The external thermal protection system, tank-head puncture resistance system, coupler vertical restraint system, and bottom discontinuity protection for conditions that make the tank car unsafe for transportation;

(x) The periodic inspection date markings to ensure that the inspection and test intervals are within the prescribed intervals.

(2) Closures on tank cars are required, in accordance with this subchapter, to be designed and closed so that under conditions normally incident to transportation, including the effects of temperature and vibration, there will be no identifiable release of a hazardous material to the environment. ln any action brought to enforce this section, the lack of securement of any closure to a tool-tight condition, detected at any point, will establish a rebuttable presumption that a proper inspection was not performed by the offeror of the car. That presumption may be rebutted by any evidence indicating that the lack of securement resulted from a specific cause not within the control of the offeror.

(e) Special requirements for materials poisonous by inhalation —(1) Interior heater coils. Tank cars used for materials poisonous by inhalation may not have interior heater coils.

(2) Tank car specifications. A tank car used for a material poisonous by inhalation must have a tank test pressure of 20.7 Bar (300 psig) or greater, head protection, and a metal jacket (e.g., DOT 105S300W), except that—

(i) A higher test pressure is required if otherwise specified in this subchapter; and

(ii) Each tank car constructed on or after March 16, 2009, and used for the transportation of PIH materials must meet the applicable authorized tank car specifications and standards listed in §173.244(a)(2) or (3) and §173.314(c) or (d).

(iii) A tank car meeting the applicable authorized tank car specifications listed in §173.244(a)(2) or (3), or §173.314(c) or (d) is authorized for the transportation of a material poisonous by inhalation for a period of 20 years after the date of original construction.

(iv) A tank car owner retiring or otherwise removing a tank car from service transporting materials poisonous by inhalation, other than because of damage to the car, must retire or remove cars constructed of non-normalized steel in the head or shell before removing any car in service transporting materials poisonous by inhalation constructed of normalized steel meeting the applicable DOT specification.

(f) Special requirements for hazardous substances. (1) A tank car used for a hazardous substance listed in paragraph (f)(2) of this section must have a tank test pressure of at least 13.8 Bar (200 psig), head protection and a metal jacket, except that—

(B) The tank shell and heads are manufactured from AAR steel specification TC–128, normalized;

(ii) A higher test pressure is required if otherwise specified in this subchapter; and

(iii) Other than as provided in paragraph (b)(6) of this section, a tank car which does not conform to the requirements of this paragraph (f)(1), and was authorized for a hazardous substance under the regulations in effect on June 30, 1996, may continue in use until July 1, 2006.

(2) List of hazardous substances. Hazardous substances for which the provisions of this paragraph (f) apply are as follows:

(g) Tank car loading and unloading. When placed for loading or unloading and before unsecuring any closure, a tank car must be protected against movement or coupling as follows:

(1) Each hazmat employee who is responsible for loading or unloading a tank car must secure access to the track to prevent entry by other rail equipment, including motorized service vehicles. Derails, lined and locked switches, portable bumper blocks, or other equipment that provides an equivalent level of security may be used to satisfy this requirement.

(2) Caution signs must be displayed on the track or on the tank cars to warn persons approaching the cars from the open end of the track and must be left up until after all closures are secured and the cars are in proper condition for transportation. The caution signs must be of metal or other durable material, rectangular, at 30.48 cm (12 inches) high by 38.10 cm (15 inches) wide, and bear the word “STOP.” The word “STOP” must appear in letters at least 10.16 cm (4 inches) high. The letters must be white on a blue background. Additional words, such as “Tank Car Connected” or “Crew at Work,” may also appear in white letters under the word “STOP.”

(3) At least one wheel on the tank car must be blocked against movement in both directions, and the hand brakes must be set. If multiple tank cars are coupled together, sufficient hand brakes must be set and wheels blocked to prevent movement in both directions.

[Amdt. 173–245, 60 FR 49072, Sept. 21, 1995, as amended by Amdt. 173–245, 61 FR 33254, June 26, 1996; Amdt. 173–256, 61 FR 51338, Oct. 1, 1996; 65 FR 58629, Sept. 29, 2000; 66 FR 33427, June 21, 2001; 66 FR 45379, 45381, Aug. 28, 2001; 68 FR 48569, Aug. 14, 2003; 68 FR 75743, Dec. 31, 2003; 68 FR 61941, Oct. 30, 2003; 70 FR 34075, June 13, 2005; 72 FR 25176, May 3, 2007; 72 FR 55692, Oct. 1, 2007; 74 FR 1799, Jan. 13, 2009]

(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 authorized by the Transport Canada TDG Regulations (IBR, see §171.7 of this subchapter) may be used provided it conforms to the applicable requirements in §171.12 of this subchapter.

(c) Grandfather provisions for portable tanks —(1) Continued use of Specification 56 and 57 portable tanks. Continued use of an existing portable tank constructed to DOT Specification 56 or 57 is authorized only for a portable tank constructed before October 1, 1996. A stainless steel portable tank internally lined with polyethylene that was constructed on or before October 1, 1996, and that meets all requirements of DOT Specification 57 except for being equipped with a polypropylene discharge ball valve and polypropylene secondary discharge opening closure, may be marked as a Specification 57 portable tank and used in accordance with the provisions of this section.

(2) A DOT Specification 51, IM 101, or IM 102 portable tank may not be manufactured after January 1, 2003; however, such tanks may continue to be used for the transportation of a hazardous material provided they meet the requirements of this subchapter, including the specification requirements and the requirements of this subchapter for the transportation of the particular hazardous material according to the T codes in effect on September 30, 2001 or the new T codes in §172.102(c)(7)(i) (see §171.14(d)(4) for transitional provisions applicable to T codes), and provided the portable tanks conform to the periodic inspection and tests specified for the particular portable tank in subpart G of part 180 of this subchapter. After January 1, 2003, all newly manufactured portable tanks must conform to the requirements for the design, construction and approval of UN portable tanks as specified in §§178.273, 178.274, 178.275, 178.276, 178.277 and part 180, subpart G, of this subchapter.

(3) A DOT Specification portable tank manufactured prior to January 1, 1992 that is equipped with a non-reclosing pressure relief device may continue in service for the hazardous materials for which it is authorized. Except for a DOT Specification 56 or 57 portable tank, a DOT Specification portable tank manufactured after January 1, 1992, used for materials meeting the definition for Division 6.1 liquids, Packing Group I or II, Class 2 gases, or Class 3 or 4 liquids, must be equipped with a reclosing pressure relief valve having adequately sized venting capacity unless otherwise specified in this subchapter (see §§178.275(f)(1) and 178.277 of this subchapter).

(4) Any portable tank container constructed prior to May 15, 1950, complying with the requirements of either the ASME Code for Unfired Pressure Vessels, 1946 Edition, or the API ASME Code for Unfired Pressure Vessels, 1943 Edition, may be used for the transportation of liquefied compressed gas, provided it fulfills all the requirements of the part and specifications for the particular gas or gases to be transported. Such portable tanks must be marked “ICC Specification 51X” on the plate required by the specification, except as modified by any or all of the following:

(i) Portable tanks designed and constructed in accordance with Pars. U–68, U–69, or U–201 of the ASME Code, 1943 and 1946 editions, may be used. Portable tanks designed and constructed in accordance with Par. U–68 or Par. U–69 may be re-rated at a working pressure 25 percent in excess of the design pressure for which the portable tank was originally constructed. If the portable tank is re-rated, the re-rated pressure must be marked on the plate as follows: “Re-rated working pressure—psig”.

(ii) Loading and unloading accessories, valves, piping, fittings, safety and gauging devices, do not have to comply with the requirements for the particular location on the portable tank.

(5) Any ICC Specification 50 portable tank fulfilling the requirements of that specification may be continued in service for transportation of a liquefied petroleum gas if it is retested every five years in accordance with the requirements in §180.605 of this subchapter. Use of existing portable tanks is authorized. New construction is not authorized.

(d) Determination of an authorized portable tank. Prior to filling and offering a portable tank for transportation, the shipper must ensure that the portable tank conforms to the authorized specification and meets the applicable requirements in this subchapter for the hazardous material. The shipper must ensure that the MAWP, design pressure or test pressure of the portable tank, as applicable, is appropriate for the hazardous material being transported. Determination of the applicable pressure must take into account the maximum pressure used to load or unload the hazardous material, the vapor pressure, static head and surge pressures of the hazardous material and the temperatures that the hazardous material will experience during transportation.

(e) External inspection prior to filling. Each portable tank must be given a complete external inspection prior to filling. Any unsafe condition must be corrected prior to its being filled and offered for transportation. The external inspection shall include a visual inspection of:

(1) The shell, piping, valves and other appurtenances for corroded areas, dents, defects in welds and other defects such as missing, damaged, or leaking gaskets;

(2) All flanged connections or blank flanges for missing or loose nuts and bolts;

(3) All emergency devices for corrosion, distortion, or any damage or defect that could prevent their normal operation;

(5) Any device for tightening manhole covers to ensure such devices are operative and adequate to prevent leakage at the manhole cover.

(f) Loading requirements. (1) A hazardous material may not be loaded into a portable tank if the hazardous material would:

(2) A hazardous material may not be loaded in a DOT Specification 51, DOT Specification 60, an IM or UN portable tank unless the portable tank has a pressure relief device that provides total relieving capacity meeting the requirements of this subchapter.

(3) Except during a pressure test, a portable tank may not be subjected to a pressure greater than its marked maximum allowable working pressure or, when appropriate, its marked design pressure.

(4) A portable tank may not be loaded to a gross mass greater than the maximum allowable gross mass specified on its identification plate.

(5) Except for a non-flowable solid or a liquid with a viscosity of 2,680 centistokes (millimeters squared per second) or greater at 20 °C (68 °F), an IM or UN portable tank, or compartment thereof, having a volume greater than 7,500 L (1,980 gallons) may not be loaded to a filling density of more than 20% and less than 80% by volume. This filling restriction does not apply if a portable tank is divided by partitions or surge plates into compartments of not more than 7,500 L (1,980 gallons) capacity; this portable tank must not be offered for transportation in an ullage condition liable to produce an unacceptable hydraulic force due to surge.

(6) The outage for a portable tank may not be less than 2% at a temperature of 50 °C (122 °F) unless otherwise specified in this subchapter. For UN portable tanks, the applicable maximum filling limits apply as specified according to the assigned TP codes in Column (7) of the §172.101 Table of this subchapter except when transported domestically.

(7) Each tell-tale indicator or pressure gauge located in the space between a frangible disc and a safety relief valve mounted in series must be checked after the tank is filled and prior to transportation to ensure that the frangible disc is leak free. Any leakage through the frangible disc must be corrected prior to offering the tank for transportation.

(8) During filling, the temperature of the hazardous materials shall not exceed the limits of the design temperature range of the portable tank.

(9) The maximum mass of liquefied compressed gas per liter (gallon) of shell capacity (kg/L or lbs./gal.) may not exceed the density of the liquefied compressed gas at 50 °C (122 °F). The portable tank must not be liquid full at 60 °C (140 °F).

(g) Additional requirements for specific modal transport. In addition to other applicable requirements, the following apply:

(1) A portable tank containing a hazardous material may not be loaded onto a highway or rail transport vehicle unless loaded entirely within the horizontal outline of the vehicle, without overhang or projection of any part of the tank assembly.

(2) An IM or UN portable tank used for the transportation of flammable liquids by rail may not be fitted with non-reclosing pressure relief devices except in series with reclosing pressure relief valves.

(3) A portable tank or Specification 106A or 110A multi-unit tank car containing a hazardous material may not be offered for transportation aboard a passenger vessel unless:

(i) The vessel is operating under a change to its character of vessel certification as defined in §171.8 of this subchapter; and

(ii) The material is permitted to be transported aboard a passenger vessel in the §172.101 Table of this subchapter.

(h) Additional general commodity-specific requirements. In addition to other applicable requirements, the following requirements apply:

(1) Each uninsulated portable tank used for the transportation of a liquefied compressed gas must have an exterior surface finish that is significantly reflective, such as a light-reflecting color if painted, or a bright reflective metal or other material if unpainted.

(2) If a hazardous material is being transported in a molten state, the portable tank must be thermally insulated with suitable insulation material of sufficient thickness that the overall thermal conductance is not more than 0.080 Btu per hour per square foot per degree Fahrenheit differential.

(3) No person may offer a liquid hazardous material of Class 3, PG I or II, or PG III with a flash point of less than 100 °F (38 °C); Division 5.1, PG I or II; or Division 6.1, PG I or II, in an IM or UN portable tank that is equipped with a bottom outlet as authorized in Column (7) of the §172.101 Table of this subchapter by assignment of a T Code in the appropriate proper shipping name entry, for unloading to a facility while it remains on a transport vehicle with the power unit attached unless—

(ii) The facility at which the IM or UN portable tank is to be unloaded conforms to the requirements in §177.834(o) of this subchapter.

(i) Additional requirements for portable tanks other than IM specification and UN portable tanks. (1) The bursting strength of any piping and fittings must be at least four times the design pressure of the tank, and at least four times the pressure to which, in any instance, it may be subjected in service by the action of a pump or other device (not including safety relief valves) that may subject piping to pressures greater than the design pressure of the tank.

(2) Pipe joints must be threaded, welded or flanged. If threaded pipe is used, the pipe and pipe fittings must not be lighter than Schedule 80 weight. Where copper tubing is permitted, joints must be brazed or be of equally strong metal union type. The melting point of brazing material may not be lower than 1,000 °F (537.8 °C). The method of joining tubing must not decrease the strength of the tubing such as by the cutting of threads.

(3) Non-malleable metals may not be used in the construction of valves or fittings.

(4) Suitable provision must be made in every case to allow for expansion, contraction, jarring and vibration of all pipe. Slip joints may not be used for this purpose.

(5) Piping and fittings must be grouped in the smallest practicable space and must be protected from damage as required by the specification.

(6) All piping, valves and fittings on every portable tank must be leakage tested with gas or air after installation and proved tight at not less than the design pressure of the portable tank on which they are used. In the event of replacement, all such piping, valves, or fittings must be tested in accordance with the requirements of this section before the portable tank is returned to transportation service. The requirements of this section apply to all hoses used on portable tanks, except that hoses may be tested either before or after installation on the portable tank.

(7) All materials used in the construction of portable tanks and their appurtenances may not be subject to destructive attack by the contents of the portable tank.

(8) No aluminum, copper, silver, zinc nor their alloys may be used. Brazed joints may not be used. All parts of a portable tank and its appurtenances used for anhydrous ammonia must be steel.

(9) Each outlet of a portable tank used for the transportation of non-refrigerated liquefied compressed gases, except carbon dioxide, must be provided with a suitable automatic excess-flow valve (see definition in §178.337–1(g) of this subchapter). The valve must be located inside the portable tank or at a point outside the portable tank where the line enters or leaves the portable tank. The valve seat must be located inside the portable tank or may be located within a welded flange or its companion flange, or within a nozzle or within a coupling. The installation must be made in such a manner as to reasonably assure that any undue strain which causes failure requiring functioning of the valve shall cause failure in such a manner that it will not impair the operation of the valve.

(i) A safety device connection or liquid level gauging device that is constructed so that the outward flow of the tank contents will not exceed that passed by an opening of 0.1397 cm (0.0550 inches) is not required to be equipped with excess-flow valves.

(ii) An excess-flow valve must close automatically if the flow reaches the rated flow of gas or liquid specified by the original valve manufacturer when piping mounted directly on the valve is sheared off before the first valve, pump, or fitting downstream from the excess flow valve.

(iii) An excess-flow valve may be designed with a by-pass, not to exceed a 0.1016 cm (0.040 inches) diameter opening to allow equalization of pressure.

(iv) Filling and discharge lines must be provided with manually operated shut-off valves located as close to the tank as practical. Unless this valve is manually operable at the valve, the line must also have a manual shut-off valve. The use of “Stop-Check” valves to satisfy with one valve the requirements of this section is forbidden. For portable tanks used for refrigerated liquefied gases, a “stop check” valve may be used on the vapor side of the pressure buildup circuit.

(10) Each portable tank used for carbon dioxide or nitrous oxide must be lagged with a suitable insulation material of such thickness that the overall thermal conductance is not more than 0.08 Btu per square foot per degree Fahrenheit differential in temperature per hour. The conductance must be determined at 60 °Fahrenheit. Insulation material used on portable tanks for nitrous oxide must be noncombustible.

(11) Refrigerating or heating coils must be installed in portable tanks used for carbon dioxide and nitrous oxide. Such coils must be tested externally to at least the same pressure as the test pressure of the portable tank. The coils must also be tested internally to at least twice the working pressure of the heating or refrigerating system to be used, but in no case less than the test pressure of the portable tank. Such coils must be securely anchored. In the event of leakage, the refrigerant or heating medium to be circulated through the coil or coils must have no adverse chemical reaction with the portable tank or its contents.

(12) Excess flow valves are not required for portable tanks used for the transport of refrigerated liquefied gases.

[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]

(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.

(iv) May severely corrode or react with the tank material at any concentration and temperature that will exist during transportation.

(3) Air pressure in excess of ambient atmospheric pressure may not be used to load or unload any lading which may create an air-enriched mixture within the flammability range of the lading in the vapor space of the tank.

(4) To prevent cargo tank rupture in a loading or unloading accident, the loading or unloading rate used must be less than or equal to that indicated on the cargo tank specification plate, except as specified in §173.318(b)(6). If no loading or unloading rate is marked on the specification plate, the loading or unloading rate and pressure used must be limited such that the pressure in the tank may not exceed 130% of the MAWP.

(c) Maximum Lading Pressure. (1) Prior to loading and offering a cargo tank motor vehicle for transportation with material that requires the use of a specification cargo tank, the person must confirm that the cargo tank motor vehicle conforms to the specification required for the lading and that the MAWP of the cargo tank is greater than or equal to the largest pressure obtained under the following conditions:

(i) For compressed gases and certain refrigerated liquids that are not cryogenic liquids, the pressure prescribed in §173.315 of this subchapter.

(ii) For cryogenic liquids, the pressure prescribed in §173.318 of this subchapter.

(iii) For liquid hazardous materials loaded in DOT specification cargo tanks equipped with a 1 psig normal vent, the sum of the tank static head plus 1 psig. In addition, for hazardous materials loaded in these cargo tanks, the vapor pressure of the lading at 115 °F must be not greater than 1 psig, except for gasoline transported in accordance with Special Provision B33 in §172.102(c)(3) of this subchapter.

(iv) For liquid hazardous materials not covered in paragraph (c)(1)(i), (ii), or (iii) of this section, the sum of the vapor pressure of the lading at 115 °F, plus the tank static head exerted by the lading, plus any pressure exerted by the gas padding, including air in the ullage space or dome.

(v) The pressure prescribed in subpart B, D, E, F, G, or H of this part, as applicable.

(2) Any Specification MC 300, MC 301, MC 302, MC 303, MC 305, MC 306 or MC 312, cargo tank motor vehicle with no marked design pressure or marked with a design pressure of 3 psig or less may be used for an authorized lading where the pressure derived from §173.33(c)(1) is less than or equal to 3 psig. After December 31, 1990, a cargo tank may not be loaded and offered for transportation unless marked or remarked with an MAWP or design pressure in accordance with 49 CFR 180.405(k).

(3) Any Specification MC 310 or MC 311 cargo tank motor vehicle may be used for an authorized lading where the pressure derived from §173.33(c)(1) is less than or equal to the MAWP or MWP, respectively, as marked on the specification plate.

(4) Any cargo tank marked or certified before August 31, 1995, marked with a design pressure rather than an MAWP may be used for an authorized lading where the largest pressure derived from §173.33(c)(1) is less than or equal to the design pressure marked on the cargo tank.

(5) Any material that meets the definition of a Division 6.1, Packing Group I or II (poisonous liquid) material must be loaded in a cargo tank motor vehicle having a MAWP of 25 psig or greater.

(6) Substitute packagings. Unless otherwise specified, where MC 307, MC 312, DOT 407 or DOT 412 cargo tanks are authorized, minimum tank design pressure is 172.4 kPa (25 psig) for any Packing Group I or Packing Group II liquid lading that meets more than one hazard class definition.

(d) Relief system. (1) Non-reclosing pressure relief devices are not authorized in any cargo tank except when in series with a reclosing pressure relief device. However, a cargo tank marked or certified before August 31, 1995 which is fitted with non-reclosing pressure relief devices may continue to be used in any hazardous material service for which it is authorized. The requirements in this paragraph do not apply to MC 330, MC 331 and MC 338 cargo tanks.

(2) Each cargo tank motor vehicle used to transport a liquid hazardous material with a gas pad must have a pressure relief system that provides the venting capacity prescribed in §178.345–10(e) of this subchapter. The requirements in this paragraph do not apply to MC 330, MC 331 and MC 338 cargo tanks.

(3) A cargo tank motor vehicle made to a specification listed in column 1 may have pressure relief devices or outlets conforming to the applicable specification to which the tank was constructed, or the pressure relief devices or outlets may be modified to meet the applicable requirement for the specification listed in column 2 without changing the markings on the tank specification plate. The venting capacity requirements of the original DOT cargo tank specification must be met whenever a pressure relief valve is modified.

(e) Retention of hazardous materials in product piping during transportation. DOT specification cargo tanks used for the transportation of any material that is a Division 6.1 (poisonous liquid) material, oxidizer liquid, liquid organic peroxide or corrosive liquid (corrosive to skin only) may not be transported with hazardous materials lading retained in the piping, unless the cargo tank motor vehicle is equipped with bottom damage protection devices meeting the requirements of §178.337–10 or §178.345–8(b) of this subchapter, or the accident damage protection requirements of the specification under which it was manufactured. This requirement does not apply to a residue which remains after the piping is drained. A sacrificial device (see §178.345–1 of this subchapter) may not be used to satisfy the accident damage protection requirements of this paragraph.

(f) An MC 331 type cargo tank may be used where MC 306, MC 307, MC 312, DOT 406, DOT 407 or DOT 412 type cargo tanks are authorized. An MC 307, MC 312, DOT 407 or DOT 412 type cargo tank may be used where MC 306 or DOT 406 type cargo tanks are authorized. A higher integrity tank used instead of a specified tank must meet the same design profile (for example, an MC 331 cargo tank must be lined if used in place of a lined MC 312 cargo tank.)

(g) Remote control of self-closing stop valves—MC 330, MC 331 and MC 338 cargo tanks. Each liquid or vapor discharge opening in an MC 330 or MC 331 cargo tank and each liquid filling and liquid discharge line in an MC 338 cargo tank must be provided with a remotely controlled internal self-closing stop valve, except when an MC 330 or MC 331 cargo tank is marked and used exclusively to transport carbon dioxide, or except when an MC 338 is used to transport argon, carbon dioxide, helium, krypton, neon, nitrogen, and xenon. However, if the cargo tank motor vehicle was certified before January 1, 1995, this requirement is applicable only when an MC 330 or MC 331 cargo tank is used to transport a flammable liquid, flammable gas, hydrogen chloride (refrigerated liquid), or anhydrous ammonia; or when an MC 338 cargo tank is used to transport flammable ladings.

(h) A cargo tank motor vehicle authorized by the Transport Canada TDG Regulations (IBR, see §171.7 of this subchapter) may be used provided it conforms to the applicable requirements in §171.12 of this subchapter.

Editorial Note: ForFederal Registercitations affecting §173.33, see the List of CFR Sections Affected which appears in the Finding Aids section of the printed volume and on GPO Access.

§ 173.34 [Reserved]

(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 ensure that, at the mean bulk temperature of 50 °C (122 °F), the IBC is not filled to more than 98 percent of its water capacity.

(e) Where two or more closure systems are fitted in series, the system nearest to the hazardous material being carried must be closed first.

(2) Each IBC must be securely fastened to or contained within the transport unit.

(g) Each IBC used for transportation of solids which may become liquid at temperatures likely to be encountered during transportation must also be capable of containing the substance in the liquid state.

(h) Liquid hazardous materials may only be offered for transportation in a metal, rigid plastic, or composite IBC that is appropriately resistant to an increase of internal pressure likely to develop during transportation.

(1) A rigid plastic or composite IBC may only be filled with a liquid having a vapor pressure less than or equal to the greater of the following two values: the first value is determined from any of the methods in paragraphs (h)(1) (i), (ii) or (iii) of this section. The second value is determined by the method in paragraph (h)(1)(iv) of this section.

(i) The gauge pressure (pressure in the IBC above ambient atmospheric pressure) measured in the IBC at 55 °C (131 °F). This gauge pressure must not exceed two-thirds of the marked test pressure and must be determined after the IBC was filled and closed at 15 °C (60 °F) to less than or equal to 98 percent of its capacity.

(ii) The absolute pressure (vapor pressure of the hazardous material plus atmospheric pressure) in the IBC at 50 °C (122 °F). This absolute pressure must not exceed four-sevenths of the sum of the marked test pressure and 100 kPa (14.5 psia).

(iii) The absolute pressure (vapor pressure of the hazardous material plus atmospheric pressure) in the IBC at 55 °C (131 °F). This absolute pressure must not exceed two-thirds of the sum of the marked test pressure and 100 kPa (14.5 psia).

(iv) Twice the static pressure of the substance, measured at the bottom of the IBC. This value must not be less than twice the static pressure of water.

(2) Gauge pressure (pressure in the IBC above ambient atmospheric pressure) in metal IBC must not exceed 110 kPa (16 psig) at 50 °C (122 °F) or 130 kPa (18.9 psig) at 55 °C (131 °F).

(i) The requirements in this section do not apply to DOT-56 or –57 portable tanks.

(j) No IBC may be filled with a Packing Group I liquid. Rigid plastic, composite, flexible, wooden or fiberboard IBC used to transport Packing Group I solid materials may not exceed 1.5 cubic meters (53 cubic feet) capacity. For Packing Group I solids, a metal IBC may not exceed 3 cubic meters (106 cubic feet) capacity.

(k) When an IBC is used for the transportation of liquids with a flash point of 60 °C (140 °F) (closed cup) or lower, or powders with the potential for dust explosion, measures must be taken during product loading and unloading to prevent a dangerous electrostatic discharge.

(l) IBC filling limits. (1) Except as provided in this section, an IBC may not be filled with a hazardous material in excess of the maximum gross mass marked on that container.

(2) An IBC which is tested and marked for Packing Group II liquid materials may be filled with a Packing Group III liquid material to a gross mass not exceeding 1.5 times the maximum gross mass marked on that container, if all the performance criteria can still be met at the higher gross mass.

(3) An IBC which is tested and marked for liquid hazardous materials may be filled with a solid hazardous material to a gross mass not exceeding the maximum gross mass marked on that container. In addition, an IBC intended for the transport of liquids which is tested and marked for Packing Group II liquid materials may be filled with a Packing Group III solid hazardous material to a gross mass not exceeding the marked maximum gross mass multiplied by 1.5 if all the performance criteria can still be met at the higher gross mass.

(4) An IBC which is tested and marked for Packing Group I solid materials may be filled with a Packing Group II solid material to a gross mass not exceeding the maximum gross mass marked on that container, multiplied by 1.5, if all the performance criteria can be met at the higher gross mass; or a Packing Group III solid material to a gross mass not exceeding the maximum gross mass marked on the IBC, multiplied by 2.25, if all the performance criteria can be met at the higher gross mass. An IBC which is tested and marked for Packing Group II solid materials may be filled with a Packing Group III solid material to a gross mass not exceeding the maximum gross mass marked on the IBC, multiplied by 1.5.

[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]

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 a UN standard prescribed in subpart C of part 178 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.

(2) Each valve must be of the packless type with non-perforated diaphragm, except that, for corrosive materials, a valve may be of the packed type with an assembly made gas-tight by means of a seal cap with gasketed joint attached to the valve body or the cylinder to prevent loss of material through or past the packing.

(3) Each valve outlet must be sealed by a threaded cap or threaded solid plug and inert gasketing material.

(4) The materials of construction for the cylinder, valves, plugs, outlet caps, luting, and gaskets must be compatible with each other and with the lading.

(d) Additional handling protection. Each cylinder or cylinder overpack combination offered for transportation containing a Division 2.3 or 6.1 Hazard Zone A or B material must conform to the valve damage protection performance requirements of this section. In addition to the requirements of this section, overpacks must conform to the overpack provisions of §173.25.

(i) Each cylinder with a wall thickness at any point of less than 2.03 mm (0.08 inch) and each cylinder that does not have fitted valve protection must be overpacked in a box. The box must conform to overpack provisions in §173.25. Box and valve protection must be of sufficient strength to protect all parts of the cylinder and valve, if any, from deformation and breakage resulting from a drop of 2.0 m (7 ft) or more onto a non-yielding surface, such as concrete or steel, impacting at an orientation most likely to cause damage. “Deformation”means a cylinder or valve that is bent, distorted, mangled, misshapen, twisted, warped, or in a similar condition.

(ii) Each cylinder with a valve must be equipped with a protective metal cap, other valve protection device, or an overpack which is sufficient to protect the valve from breakage or leakage resulting from a drop of 2.0 m (7 ft) onto a non-yielding surface, such as concrete or steel. Impact must be at an orientation most likely to cause damage.

(2) Each UN cylinder containing a Hazard Zone A or Hazard Zone B material must have a minimum test pressure in accordance with P200 of the UN Recommendations (IBR, see §171.7 of this subchapter). For Hazard Zone A gases, the cylinder must have a minimum wall thickness of 3.5 mm if made of aluminum alloy or 2 mm if made of steel or, alternatively, cylinders may be packed in a rigid outer packaging that meets the Packing Group I performance level when tested as prepared for transport, and that is designed and constructed to protect the cylinder and valve from puncture or damage that may result in release of the gas.

(e) Interconnection. Cylinders may not be manifolded or connected. This provision does not apply to MEGCs containing Hazard Zone B materials in accordance with §173.312.

[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]

Source: Amdt. 173–224, 55 FR 52617, Dec. 21, 1990, unless otherwise noted.

§ 173.50 Class 1—Definitions.

(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.

(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.

(6) Division 1.6 ² consists of extremely insensitive articles which do not have a mass explosive hazard. This division is comprised of articles which contain only extremely insensitive detonating substances and which demonstrate a negligible probability of accidental initiation or propagation.

[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]

(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.

[Amdt. 173–224, 55 FR 52617, Dec. 21, 1990, as amended by 66 FR 45379, Aug. 28, 2001]

(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.

[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]

Where the classification system in effect prior to January 1, 1991, is referenced in State or local laws, ordinances or regulations not pertaining to the transportation of hazardous materials, the following table may be used to compare old and new hazard class names:

Unless otherwise provided in this subchapter, the following explosives shall not be offered for transportation or transported:

(a) An explosive that has not been approved in accordance with §173.56 of this subpart.

(1) An ammonium salt, including a substituted ammonium or quaternary ammonium salt; or

(e) Nitroglycerin, diethylene glycol dinitrate, or any other liquid explosives not specifically authorized by this subchapter.

(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.

[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]

(a) Definition of new explosive. For the purposes of this subchapter a new explosive means an explosive produced by a person who:

(2) Has previously produced that explosive but has made a change in the formulation, design or process so as to alter any of the properties of the explosive. An explosive will not be considered a “new explosive” if an agency listed in paragraph (b) of this section has determined, and confirmed in writing to the Associate Administrator, that there are no significant differences in hazard characteristics from the explosive previously approved.

(b) Examination, classing and approval. Except as provided in paragraph (j) of this section, no person may offer a new explosive for transportation unless that person has specified to the examining agency the ranges of composition of ingredients and compounds, showing the intended manufacturing tolerances in the composition of substances or design of articles which will be allowed in that material or device, and unless it has been examined, classed and approved as follows:

(1) Except for an explosive made by or under the direction or supervision of the Department of Defense (DOD) or the Department of Energy (DOE), a new explosive must be examined and assigned a recommended shipping description, division and compatibility group, based on the tests and criteria prescribed in §§173.52, 173.57 and 173.58. The person requesting approval of the new explosive must submit to the Associate Administrator a report of the examination and assignment of a recommended shipping description, division, and compatibility group. If the Associate Administrator finds the approval request meets the regulatory criteria, the new explosive will be approved in writing and assigned an EX number. The examination must be performed by a person who is approved by the Associate Administrator under the provisions of subpart H of part 107 of this chapter and who—

(i) Has (directly, or through an employee involved in the examination) at least ten years of experience in the examination, testing and evaluation of explosives;

(ii) Does not manufacture or market explosives, and is not controlled by or financially dependent on any entity that manufactures or markets explosives, and whose work with respect to explosives is limited to examination, testing and evaluation; and

(2) A new explosive made by or under the direction or supervision of a component of the DOD may be examined, classed, and concurred in by:

(i) U.S. Army Technical Center for Explosives Safety (SMCAC-EST), Naval Sea Systems Command (SEA–9934), or Air Force Safety Agency (SEW), when approved by the Chairman, DOD Explosives Board, in accordance with the DOD Explosives Hazard Classification Procedures (IBR, see §171.7 of the subchapter); or

(3) A new explosive made by or under the direction or supervision of the Department of Energy (DOE) may be—

(i) Examined by the DOE in accordance with the DOD Explosives Hazard Classification Procedures, and must be classed and approved by DOE; or

(ii) Examined, classed, and approved in accordance with paragraph (b)(1) of this section.

(4) For a material shipped under the description of “ammonium nitrate-fuel oil mixture (ANFO)”, the only test required for classification purposes is the Cap Sensitivity Test—Test Method 5(a) prescribed in the Explosive Test Manual (UN Manual of Tests and Criteria) (IBR, see §171.7 of the subchapter). The test must be performed by an agency listed in paragraph (b)(1), (b)(2), or (b)(3) of this section, the manufacturer, or the shipper. A copy of the test report must be submitted to the Associate Administrator before the material is offered for transportation, and a copy of the test report must be retained by the shipper for as long as that material is shipped. At a minimum, the test report must contain the name and address of the person or organization conducting the test, date of the test, quantitative description of the mixture, including prill size and porosity, and a description of the test results.

(c) Filing DOD or DOE approval report. DOD or DOE must file a copy of each approval, accompanied by supporting laboratory data, with the Associate Administrator and receive acknowledgement in writing before offering the new explosive for transportation, unless the new explosive is:

(d) Transportation of explosive samples for examination. Notwithstanding the requirements of paragraph (b) of this section with regard to the transportation of a new explosive that has not been approved, a person may offer a sample of a new explosive for transportation, by railroad, highway, or vessel from the place where it was produced to an agency identified in paragraph (b) of this section, for examination if—

(1) The new explosive has been assigned a tentative shipping description and class in writing by the testing agency;

(2) The new explosive is packaged as required by this part according to the tentative description and class assigned, unless otherwise specified in writing by the testing agency; and,

(3) The package is labeled as required by this subchapter and the following is marked on the package:

(e) Transportation of unapproved explosives for developmental testing. Notwithstanding the requirements of paragraph (b) of this section, the owner of a new explosive that has not been examined or approved may transport that new explosive from the place where it was produced to an explosives testing range if—

(1) It is not a primary (a 1.1A initiating) explosive or a forbidden explosive according to this subchapter;

(2) It is described as a Division 1.1 explosive (substance or article) and is packed, marked, labeled, described on shipping papers and is otherwise offered for transportation in conformance with the requirements of this subchapter applicable to Division 1.1;

(3) It is transported in a motor vehicle operated by the owner of the explosive; and

(4) It is accompanied by a person, in addition to the operator of the motor vehicle, who is qualified by training and experience to handle the explosive.

(f) Notwithstanding the requirements of paragraphs (b) and (d) of this section, the Associate Administrator may approve a new explosive on the basis of an approval issued for the explosive by the competent authority of a foreign government, or when examination of the explosive by a person approved by the Associate Administrator is impracticable, on the basis of reports of tests conducted by disinterested third parties, or may approve the transportation of an explosives sample for the purpose of examination by a person approved by the Associate Administrator.

(g) An explosive may be transported under subparts B or C of part 171 or §176.11 of this subchapter without the approval of the Associate Administrator as required by paragraph (b) of this section if the Associate Administrator has acknowledged in writing the acceptability of an approval issued by the competent authority of a foreign government pursuant to the provisions of the UN Recommendations, the ICAO Technical Instructions, the IMDG Code (IBR, see §171.7 of this subchapter), or other national or international regulations based on the UN Recommendations. In such a case, a copy of the foreign competent authority approval, and a copy of the written acknowledgement of its acceptance must accompany each shipment of that explosive.

(h) The requirements of this section do not apply to cartridges, small arms which are:

(4) Ammunition not exceeding 50 caliber for rifle or pistol cartridges or 8 gauge for shotgun shells.

Cartridges, small arms meeting the criteria of this paragraph (h) may be assigned a classification code of 1.4S by the manufacturer.

(i) If experience or other data indicate that the hazard of a material or a device containing an explosive composition is greater or less than indicated according to the definition and criteria specified in §§173.50, 173.56, and 173.58 of this subchapter, the Associate Administrator may specify a classification or except the material or device from the requirements of this subchapter.

(j) Fireworks. Notwithstanding the requirements of paragraph (b) of this section, Division 1.3 and 1.4 fireworks may be classed and approved by the Associate Administrator without prior examination and offered for transportation if the following conditions are met:

(1) The fireworks are manufactured in accordance with the applicable requirements in APA Standard 87–1 (IBR, see §171.7 of this subchapter);

(2) A thermal stability test is conducted on the device by the BOE, the BOM, or the manufacturer. The test must be performed by maintaining the device, or a representative prototype of a large device such as a display shell, at a temperature of 75 °C (167 °F) for 48 consecutive hours. When a device contains more than one component, those components which could be in physical contact with each other in the finished device must be placed in contact with each other during the thermal stability test; and

(3) The manufacturer applies in writing to the Associate Administrator following the applicable requirements in APA Standard 87–1, and is notified in writing by the Associate Administrator that the fireworks have been classed, approved, and assigned an EX-number. Each application must be complete, including all relevant background data and copies of all applicable drawings, test results, and any other pertinent information on each device for which approval is being requested. The manufacturer must sign the application and certify that the device for which approval is requested conforms to APA Standard 87–1 and that the descriptions and technical information contained in the application are complete and accurate. If the application is denied, the manufacturer will be notified in writing of the reasons for the denial. The Associate Administrator may require that the fireworks be examined by an agency listed in paragraph (b)(1) of this section.

[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]

(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

(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.

(1) It does not have uniformly mixed with the absorbent material a satisfactory antacid in a quantity sufficient to have the acid neutralizing power of an amount of magnesium carbonate equal to one percent of the nitroglycerin or other liquid explosive ingredient;

(2) During the centrifuge test (Test Method D–2, in appendix D to this part) or the compression test (Test Method D–3 in appendix D to this part), a non-gelatin dynamite loses more than 3 percent by weight of the liquid explosive or a gelatin dynamite loses more than 10 percent by weight of the liquid explosive; or

(3) During the leakage test (Test Method D–1 in appendix D to this part), there is any loss of liquid.

[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]

(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:

(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; 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:

(3) An explosion, evidenced by a loud noise and projection of fragments, occurs in the External Fire Test (Test Method 5(c), or

(4) Ignition or explosion occurs in the Princess Incendiary Spark Test (Test Method 5(d)).

(c) Division 1.6 explosive. (1) In order to be classed as a 1.6 explosive, an article must pass all of the following tests, as prescribed in the Explosive Test Manual:

(2) A substance intended for use as the explosive load in an article of Division 1.6 must be an extremely insensitive detonating substance (EIDS). In order to determine if a substance is an EIDS, it must be subjected to the tests in paragraphs (c)(2)(i) through (c)(2)(x) of this section, which are described in the Explosive Test Manual. The substance must be tested in the form (i.e., composition, granulation, density, etc.) in which it is to be used in the article. A substance is not an EIDS if it fails any of the following tests:

(d) The Associate Administrator may waive or modify certain test(s) identified in §§173.57 and 173.58 of this subchapter, or require additional testing, if appropriate. In addition, the Associate Administrator may limit the quantity of explosive in a device.

(e) Each explosive is assigned a compatibility group letter by the Associate Administrator based on the criteria prescribed in §173.52(b) of this subchapter.

[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]

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 of new ammunition, weapon component or assemblies.

Ammunition, smoke. Ammunition containing a smoke-producing substance such as chlorosulphonic acid mixture (CSAM), titanium tetrachloride (FM), white phosphorus, or smoke-producing substance whose composition is based on hexachlorothannol (HC) or red phosphorus. Except when the substance is an explosive per se, the ammunition 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, smoke, with or without burster, expelling charge or propelling charge; Ammunition, smoke, white phosphorus with burster, expelling charge or propelling charge.

Ammunition, tear-producing with burster, expelling charge or propelling charge. Ammunition containing tear-producing substance. It may also contain one or more of the following: a pyrotechnic substance, a propelling charge with primer and igniter charge, or a fuze with burster or expelling charge.

Ammunition, toxic. Ammunition containing toxic agent. It may also contain one or more of the following: a pyrotechnic substance, a propelling charge with primer and igniter charge, or a fuze with burster or expelling charge.

Articles, explosive, extremely insensitive (Articles, EEI). Articles that contain only extremely insensitive detonating substances and which demonstrate a negligible probability of accidental initiation or propagation under normal conditions of transport and which have passed Test Series 7.

Articles, pyrophoric. Articles which contain a pyrophoric substance (capable of spontaneous ignition when exposed to air) and an explosive substance or component. The term excludes articles containing white phosphorus.

Articles, pyrotechnic for technical purposes. Articles which contain pyrotechnic substances and are used for technical purposes, such as heat generation, gas generation, theatrical effects, etc. The term excludes the following articles which are listed separately: all ammunition; cartridges, signal; cutters, cable, explosive; fireworks; flares, aerial; flares, surface; release devices, explosives; rivets, explosive; signal devices, hand; signals, distress; signals, railway track, explosive ; and signals, smoke.

Black powder (gunpowder). Substance consisting of an intimate mixture of charcoal or other carbon and either potassium or sodium nitrate, and sulphur. It may be meal, granular, compressed, or pelletized.

Bombs. Explosive articles which are dropped from aircraft. They may contain a flammable liquid with bursting charge, a photo-flash composition or bursting charge. The term excludes torpedoes (aerial) and includes bombs, photo-flash; bombs with bursting charge; bombs with flammable liquids, with bursting charge.

Boosters. Articles consisting of a charge of detonating explosive without means of initiation. They are used to increase the initiating power of detonators or detonating cord.

Bursters, explosive. Articles consisting of a small charge of explosive to open projectiles or other ammunition in order to disperse their contents.

Cartridges, blank. Articles which consist of a cartridge case with a center or rim fire primer and a confined charge of smokeless or black powder, but no projectile. Used in training, saluting, or in starter pistols, etc.

Cartridges, flash. Articles consisting of a casing, a primer and flash powder, all assembled in one piece for firing.

Cartridges for weapons. (1) Fixed (assembled) or semi-fixed (partially assembled) ammunition designed to be fired from weapons. Each cartridge includes all the components necessary to function the weapon once. The name and description should be used for military small arms cartridges that cannot be described as cartridges, small arms. Separate loading ammunition is included under this name and description when the propelling charge and projectile are packed together (see also Cartridges, blank).

(2) Incendiary, smoke, toxic, and tear-producing cartridges are described under ammunition, incendiary, etc.

Cartridges for weapons, inert projectile. Ammunition consisting of a casing with propelling charge and a solid or empty projectile.

Cartridges, oil well. Articles consisting of a casing of thin fiber, metal or other material containing only propellant explosive. The term excludes charges, shaped, commercial.

Cartridges, power device. Articles designed to accomplish mechanical actions. They consist of a casing with a charge of deflagrating explosive and a means of ignition. The gaseous products of the deflagration produce inflation, linear or rotary motion; activate diaphragms, valves or switches, or project fastening devices or extinguishing agents.

Cartridges, signal. Articles designed to fire colored flares or other signals from signal pistols or devices.

Cartridges, small arms. Ammunition consisting of a cartridge case fitted with a center or rim fire primer and containing both a propelling charge and solid projectile(s). They are designed to be fired in weapons of caliber not larger than 19.1 mm. Shotgun cartridges of any caliber are included in this description. The term excludes: Cartridges, small arms, blank, and some military small arms cartridges listed under Cartridges for weapons, inert projectile.

Cases, cartridge, empty with primer. Articles consisting of a cartridge case made from metal, plastics or other non-flammable materials, in which only the explosive component is the primer.

Cases, combustible, empty, without primer. Articles consisting of cartridge cases made partly or entirely from nitrocellulose.

Charges, bursting. Articles consisting of a charge of detonating explosive such as hexolite, octolite, or plastics-bonded explosive designed to produce effect by blast or fragmentation.

Charges, demolition. Articles consisting of a charge of detonating explosive in a casing of fiberboard, plastics, metal or other material. The term excludes articles identified as bombs, mines, etc.

Charges, depth. Articles consisting of a charge of detonating explosive contained in a drum or projectile. They are designed to detonate under water.

Charges, expelling. A charge of deflagrating explosive designed to eject the payload from the parent article without damage.

Charges, explosive, without detonator. Articles consisting of a charge of detonating explosive without means of initiation, used for explosive welding, joining, forming, and other processes.

Charges, propelling. Articles consisting of propellant charge in any physical form, with or without a casing, for use in cannon or for reducing drag for projectiles or as a component of rocket motors.

Charges, propelling for cannon. Articles consisting of a propellant charge in any physical form, with or without a casing, for use in a cannon.

Charges, shaped, without detonator. Articles consisting of a casing containing a charge of detonating explosive with a cavity lined with rigid material, without means of initiation. They are designed to produce a powerful, penetrating jet effect.

Charges, shaped, flexible, linear. Articles consisting of a V-shaped core of a detonating explosive clad by a flexible metal sheath.

Charges, supplementary, explosive. Articles consisting of a small removable booster used in the cavity of a projectile between the fuze and the bursting charge.

Components, explosive train, n.o.s. Articles containing an explosive designed to transmit a detonation or deflagration within an explosive train.

Contrivance, water-activated with burster, expelling charge or propelling charge. Articles whose functioning depends of physico-chemical reaction of their contents with water.

Cord, detonating, flexible. Articles consisting of a core of detonating explosive enclosed in spun fabric with plastics or other covering.

Cord (fuse) detonating, metal clad. Articles consisting of a core of detonating explosive clad by a soft metal tube with or without protective covering. When the core contains a sufficiently small quantity of explosive, the words “mild effect” are added.

Cord igniter. Articles consisting of textile yarns covered with black powder or another fast-burning pyrotechnic composition and a flexible protective covering, or consisting of a core of black powder surrounded by a flexible woven fabric. It burns progressively along its length with an external flame and is used to transmit ignition from a device to a charge or primer.

Cutters, cable, explosive. Articles consisting of a knife-edged device which is driven by a small charge of deflagrating explosive into an anvil.

Detonator assemblies, non-electric, for blasting. Non-electric detonators assembled with and activated by such means as safety fuse, shock tube, flash tube, or detonating cord. They may be of instantaneous design or incorporate delay elements. Detonating relays incorporating detonating cord are included. Other detonating relays are included in Detonators, nonelectric.

Detonators. Articles consisting of a small metal or plastic tube containing explosives such as lead azide, PETN, or combinations of explosives. They are designed to start a detonation train. They may be constructed to detonate instantaneously, or may contain a delay element. They may contain no more than 10 g of total explosives weight, excluding ignition and delay charges, per unit. The term includes: detonators for ammunition; detonators for blasting, both electric and non-electric; and detonating relays without flexible detonating cord.

Dynamite. A detonating explosive containing a liquid explosive ingredient (generally nitroglycerin, similar organic nitrate esters, or both) that is uniformly mixed with an absorbent material, such as wood pulp, and usually contains materials such as nitrocellulose, sodium and ammonium nitrate.

Entire load and total contents. The phrase means such a substantial portion of the material explodes that the practical hazard should be assessed by assuming simultaneous explosion of the whole of the explosive content of the load or package.

Explode. The term indicates those explosive effects capable of endangering life and property through blast, heat, and projection of missiles. It encompasses both deflagration and detonation.

Explosion of the total contents. The phrase is used in testing a single article or package or a small stack of articles or packages.

Explosive, blasting. Detonating explosive substances used in mining, construction, and similar tasks. Blasting explosives are assigned to one of five types. In addition to the ingredients listed below for each type, blasting explosives may also contain inert components, such as kieselguhr, and other minor ingredients, such as coloring agents and stabilizers.

Explosive, blasting, type A. Substances consisting of liquid organic nitrates, such as nitroglycerin, or a mixture of such ingredients with one or more of the following: nitrocellulose, ammonium nitrate or other inorganic nitrates, aromatic nitro-derivatives, or combustible materials, such as wood-meal and aluminum powder. Such explosives must be in powdery, gelatinous, plastic or elastic form. The term includes dynamite, blasting gelatine and gelatine dynamites.

Explosive, blasting, type B. Substances consisting of a mixture of ammonium nitrate or other inorganic nitrates with an explosive, such as trinitrotoluene, with or without other substances, such as wood-meal or aluminum powder, or a mixture of ammonium nitrate or other inorganic nitrates with other combustible substances which are not explosive ingredients. Such explosives may not contain nitroglycerin, similar liquid organic nitrates, or chlorates.

Explosive, blasting, type C. Substances consisting of a mixture of either potassium or sodium chlorate or potassium, sodium or ammonium perchlorate with organic nitro-derivatives or combustible materials, such as wood-meal or aluminum powder, or a hydrocarbon. Such explosives must not contain nitroglycerin or any similar liquid organic nitrate.

Explosive, blasting, type D. Substances consisting of a mixture of organic nitrate compounds and combustible materials, such as hydrocarbons and aluminum powder. Such explosives must not contain nitroglycerin, any similar liquid organic nitrate, chlorate or ammonium-nitrate. The term generally includes plastic explosives.

Explosive, blasting, type E. Substances consisting of water as an essential ingredient and high proportions of ammonium nitrate or other oxidizer, some or all of which are in solution. The other constituents may include nitro-derivatives, such as trinitrotoluene, hydrocarbons or aluminum powder. The term includes: explosives, emulsion; explosives, slurry; and explosives, watergel.

Explosive, deflagrating. A substance, e.g., propellant, which reacts by deflagration rather than detonation when ignited and used in its normal manner.

Explosive, detonating. A substance which reacts by detonation rather than deflagration when initiated and used in its normal manner.

Explosive, extremely insensitive detonating substance (EIDS). A substance which, although capable of sustaining a detonation, has demonstrated through tests that it is so insensitive that there is very little probability of accidental initiation.

Explosive, primary. Explosive substance which is manufactured with a view to producing a practical effect by explosion, is very sensitive to heat, impact, or friction, and even in very small quantities, detonates. The major primary explosives are mercury fulminate, lead azide, and lead styphnate.

Explosive, secondary. An explosive substance which is relatively insensitive (when compared to primary explosives) and is usually initiated by primary explosives with or without the aid of boosters or supplementary charges. Such an explosive may react as a deflagrating or as a detonating explosive.

Flares. Articles containing pyrotechnic substances which are designed to illuminate, identify, signal, or warn. The term includes: flares, aerial and flares, surface.

Flash powder. Pyrotechnic substance which, when ignited, produces an intense light.

Fracturing devices, explosive, for oil wells, without detonators. Articles consisting of a charge of detonating explosive contained in a casing without the means of initiation. They are used to fracture the rock around a drill shaft to assist the flow of crude oil from the rock.

Fuse/Fuze. Although these two words have a common origin (French fusee, fusil) and are sometimes considered to be different spellings, it is useful to maintain the convention that fuse refers to a cord-like igniting device, whereas fuze refers to a device used in ammunition which incorporates mechanical, electrical, chemical, or hydrostatic components to initiate a train by deflagration or detonation.

Fuse, igniter. Articles consisting of a metal tube with a core of deflagrating explosives.

Fuse, instantaneous, non-detonating (Quickmatch). Article consisting of cotton yarns impregnated with fine black powder. It burns with an external flame and is used in ignition trains for fireworks, etc.

Fuse, safety. Article consisting of a core of fine-grained black powder surrounded by a flexible woven fabric with one or more protective outer coverings. When ignited, it burns at a predetermined rate without any explosive effect.

Fuzes. Articles designed to start a detonation or deflagration in ammunition. They incorporate mechanical, electrical, chemical, or hydrostatic components and generally protective features. The term includes: Fuzes, detonating; fuzes detonating with protective features; and fuzes igniting.

Grenades, hand or rifle. Articles which are designed to be thrown by hand or to be projected by rifle. The term includes: grenades, hand or rifle, with bursting charge; and grenades, practice, hand or rifle. The term excludes: grenades, smoke.

Igniters. Articles containing one or more explosive substance used to start deflagration of an explosive train. They may be actuated chemically, electrically, or mechanically. The term excludes: cord, igniter; fuse, igniter; fuse, instantaneous, non-detonating; fuze, igniting; lighters, fuse, instantaneous, non-detonating; fuzes, igniting; lighters, fuse; primers, cap type; and primers, tubular.

Ignition, means of. A general term used in connection with the method employed to ignite a deflagrating train of explosive or pyrotechnic substances (for example: a primer for propelling charge, an igniter for a rocket motor or an igniting fuze).

Initiation, means of. (1) A device intended to cause the detonation of an explosive (for example: detonator, detonator for ammunition, or detonating fuze).

(2) The term with its own means of initiation means that the contrivance has its normal initiating device assembled to it and this device is considered to present a significant risk during transport but not one great enough to be unacceptable. The term does not apply, however, to a contrivance packed together with its means of initiation, provided the device is packaged so as to eliminate the risk of causing detonation of the contrivance in the event of functioning of the initiating device. The initiating device can even be assembled in the contrivance provided there are protective features ensuring that the device is very unlikely to cause detonation of the contrivance under conditions which are associated with transport.

(3) For the purposes of classification, any means of initiation without two effective protective features should be regarded as Compatibility Group B; an article with its own means of initiation, without two effective protective features, is Compatibility Group F. A means of initiation which itself possesses two effective protective features is Compatibility Group D, and an article with its own means of initiation which possesses two effective features is Compatibility Group D or E. A means of initiation, adjudged as having two effective protective features, must be approved by the Associate Administrator. A common and effective way of achieving the necessary degree of protection is to use a means of initiation which incorporates two or more independent safety features.

Jet perforating guns, charged, oil well, without detonator. Articles consisting of a steel tube or metallic strip, into which are inserted shaped charges connected by detonating cord, without means of initiation.

Lighters, fuse. Articles of various design actuated by friction, percussion, or electricity and used to ignite safety fuse.

Mass explosion. Explosion which affects almost the entire load virtually instantaneously.

Mines. Articles consisting normally of metal or composition receptacles and bursting charge. They are designed to be operated by the passage of ships, vehicles, or personnel. The term includes Bangalore torpedoes.

Powder cake (powder paste). Substance consisting of nitrocellulose impregnated with not more than 60 percent of nitroglycerin or other liquid organic nitrates or a mixture of these.

Powder, smokeless. Substance based on nitrocellulose used as propellant. The term includes propellants with a single base (nitrocellulose (NC) alone), those with a double base (such as NC and nitroglycerin (NG)) and those with a triple base (such as NC/NG/nitroguanidine). Cast pressed or bag-charges of smokeless powder are listed under charges, propelling and charges, propelling for cannon.

Primers, cap type. Articles consisting of a metal or plastic cap containing a small amount of primary explosive mixture that is readily ignited by impact. They serve as igniting elements in small arms cartridges and in percussion primers for propelling charges.

Primers, tubular. Articles consisting of a primer for ignition and an auxiliary charge of deflagrating explosive, such as black powder, used to ignite the propelling charge in a cartridge case for cannon, etc.

Projectiles. Articles, such as a shell or bullet, which are projected from a cannon or other artillery gun, rifle, or other small arm. They may be inert, with or without tracer, or may contain a burster, expelling charge or bursting charge. The term includes: projectiles, inert, with tracer; projectiles, with burster or expelling charge; and projectiles, with bursting charge.

Propellant, liquid. Substances consisting of a deflagrating liquid explosive, used for propulsion.

Propellant, solid. Substances consisting of a deflagrating solid explosive, used for propulsion.

Propellants. Deflagrating explosives used for propulsion or for reducing the drag of projectiles.

Release devices, explosive. Articles consisting of a small charge of explosive with means of initiation. They sever rods or links to release equipment quickly.

Rocket motors. Articles consisting of a solid, liquid, or hypergolic propellant contained in a cylinder fitted with one or more nozzles. They are designed to propel a rocket or guided missile. The term includes: rocket motors; rocket motors with hypergolic liquids with or without an expelling charge; and rocket motors, liquid fuelled.

Rockets. Articles containing a rocket motor and a payload which may be an explosive warhead or other device. The term includes: guided missiles; rockets, line-throwing; rockets, liquid fuelled, with bursting charge; rockets, with bursting charge; rockets, with expelling charge; and rockets, with inert head.

Signals. Articles consisting of pyrotechnic substances designed to produce signals by means of sound, flame, or smoke or any combination thereof. The term includes: signal devices, hand; signals, distress ship; signals, railway track, explosive; signals, smoke.

Sounding devices, explosive. Articles consisting of a charge of detonating explosive. They are dropped from ships and function when they reach a predetermined depth or the sea bed.

Substance, explosive, very insensitive (Substance, EVI) N.O.S. Substances which present a mass explosive hazard but which are so insensitive that there is very little probability of initiation, or of transition from burning to detonation under normal conditions of transport and which have passed test series 5.

Torpedoes. Articles containing an explosive or non-explosive propulsion system and designed to be propelled through water. They may contain an inert head or warhead. The term includes: torpedoes, liquid fuelled, with inert head; torpedoes, liquid fuelled, with or without bursting charge; and torpedoes, with bursting charge.

Tracers for ammunition. Sealed articles containing pyrotechnic substances, designed to reveal the trajectory of a projectile.

Warheads. Articles containing detonating explosives, designed to be fitted to a rocket, guided missile, or torpedo. They may contain a burster or expelling charge or bursting charge. The term includes: warhead rocket with bursting charge; and warheads, torpedo, with bursting charge.

[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]

(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.

(1) Nails, staples, and other closure devices, made of metal, having no protective covering may not penetrate to the inside of the outer packaging unless the inner packaging adequately protects the explosive against contact with the metal.

(2) The closure device of containers for liquid explosives must provide double protection against leakage, such as a screw cap secured in place with tape.

(3) Inner packagings, fittings, and cushioning materials, and the placing of explosive substances or articles in packages, must be such that the explosive substance is prevented from becoming loose in the outer packaging during transportation. Metallic components of articles must be prevented from making contact with metal packagings. Articles containing explosive substances not enclosed in an outer casing must be separated from each other in order to prevent friction and impact. Padding, trays, partitioning in the inner or outer packaging, molded plastics or receptacles may be used for this purpose.

(4) When the packaging includes water that could freeze during transportation, a sufficient amount of anti-freeze, such as denatured ethyl alcohol, must be added to the water to prevent freezing. If the anti-freeze creates a fire hazard, it may not be used. When a percentage of water in the substance is specified, the combined weight of water and anti-freeze may be substituted.

(5) If an article is fitted with its own means of ignition or initiation, it must be effectively protected from accidental actuation during normal conditions of transportation.

(6) The entry of explosive substances into the recesses of double-seamed metal packagings must be prevented.

(7) The closure device of a metal drum must include a suitable gasket; if the closure device includes metal-to-metal screw-threads, the ingress of explosive substances into the threading must be prevented.

(8) Whenever loose explosive substances or the explosive substance of an uncased or partly cased article may come into contact with the inner surface of metal packagings (1A2, 1B2, 4A, 4B and metal receptacles), the metal packaging should be provided with an inner liner or coating.

(9) Packagings must be made of materials compatible with, and impermeable to, the explosives contained in the package, so that neither interaction between the explosives and the packaging materials, nor leakage, causes the explosive to become unsafe in transportation, or the hazard division or compatibility group to change ( see §173.24(e)(2)).

(10) An explosive article containing an electrical means of initiation that is sensitive to external electromagnetic radiation, must have its means of initiation effectively protected from electromagnetic radiation sources (for example, radar or radio transmitters) through either design of the packaging or of the article, or both.

(11) Plastic packagings may not be able to generate or accumulate sufficient static electricity to cause the packaged explosive substances or articles to initiate, ignite or inadvertently function. Metal packagings must be compatible with the explosive substance they contain.

(12) Explosive substances may not be packed in inner or outer packagings where the differences in internal and external pressures, due to thermal or other effects, could cause an explosion or rupture of the package.

(13) Packagings for water soluble substances must be water resistant. Packagings for desensitized or phlegmatized substances must be closed to prevent changes in concentration during transport. When containing less alcohol, water, or phlegmatizer than specified in its proper shipping description, the substance is a “forbidden” material.

(14) Large and robust explosives articles, normally intended for military use, without their means of initiation or with their means of initiation containing at least two effective protective features, may be carried unpackaged provided that a negative result was obtained in Test Series 4 of the UN Manual of Tests and Criteria on an unpackaged article. When such articles have propelling charges or are self-propelled, their ignition systems shall be protected against stimuli encountered during normal conditions of transport. Such unpackaged articles may be fixed to cradles or contained in crates or other suitable handling, storage or launching devices in such a way that they will not become loose during normal conditions of transport and are in accordance with DOD-approved procedures.

[Amdt. 173–260, 62 FR 24719, May 6, 1997, as amended at 65 FR 50461, Aug. 18, 2000]

(a) An explosive may not be packed in the same outside packaging with any other material that could, under normal conditions of transportation, adversely affect the explosive or its packaging unless packaged by DOD or DOE in accordance with §173.7(a).

(b) Hardware necessary for assembly of explosive articles at the point-of-use may be packed in the same outside packaging with the explosive articles. The hardware must be securely packed in a separate inside packaging. Sufficient cushioning materials must be used to ensure that all inside packagings are securely packed in the outside packaging.

(c) The following explosives may not be packed together with other Class 1 explosives: UN 0029, UN 0030, UN 0073, UN 0106, UN 0107, UN 0255, UN 0257, UN 0267, UN 0350, UN 0360, UN 0361, UN 0364, UN 0365, UN 0366, UN 0367, UN 0408, UN 0409, UN 0410, UN 0455, UN 0456, and UN 0500. These explosives may be mix-packed with each other in accordance with the compatibility requirements prescribed in paragraph (e) of this section.

(d) Division 1.1 and 1.2 explosives may not be packed with the following explosives: UN 0333, UN 0334, UN 0335, UN 0336, and UN 0337.

(e) Except as prescribed in paragraphs (c) and (d) of this section, different explosives may be packed in one outside packaging in accordance with the following compatibility requirements:

(1) Explosives of the same compatibility group and same division number may be packed together.

(2) Explosives of the same compatibility group or authorized combination of compatibility group but different division number may be packed together, provided that the whole package is treated as though its entire contents were comprised of the lower division number. For example, a mixed package of Division 1.2 explosives and Division 1.4 explosives, compatibility group D, must be treated as 1.2D explosives. However, when 1.5D explosives are packed together with 1.2D explosives, the whole package must be treated as 1.1D explosives.

(3) Explosives of compatibility group S may be packaged together with explosives of any other compatibility group except A or L, and the combined package may be treated as belonging to any of the packaged compatibility groups except S.

(4) Explosives of compatibility group L shall only be packed with an identical explosive.

(5) Explosives articles of compatibility groups C, D, or E may be packed together and the entire package shall be treated as belonging to compatibility group E.

(6) Explosives articles of compatibility groups C, D, E, or N may be packed together and the entire package shall be treated as belonging to compatibility group D.

(7) Explosives substances of compatibility groups C and D may be packaged together and the entire package shall be treated as belonging to compatibility group D.

(8) Explosive articles of compatibility group G, except for fireworks and articles requiring special packaging, may be packaged together with explosive articles of compatibility groups C, D or E and the combined package shall be treated as belonging to compatibility group E.

[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) 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.

(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 packagings and/or intermediate packagings are specified in the second and third columns, then the packaging specified in the fourth column must be used as the outer packaging of a combination packaging; otherwise it may be used as a single packaging.

(5) Packing Instruction 101 may be used for any explosive substance or article if an equivalent level of safety is shown to be maintained subject to the approval of the Associate Administrator.

Table of Packing Methods

Packing instruction	Inner packagings	Intermediate packagings	Outer packagings
101	This Packing Instruction may be used as an alternative to a specifically assigned packing method with the approval of the Associate Administrator prior to transportation. When this packing instruction is used, the following must be marked on the shipping documents: “Packaging approved by the competent authority of the United States of America (USA)”.
PARTICULAR PACKING REQUIREMENTS OR EXCEPTIONS: 1. Samples of new or existing explosive substances or articles may be transported as directed by the Associate Administrator for purposes including: testing, classification, research and development, quality control, or as a commercial sample. Explosive samples which are wetted or desensitized must be limited to 25 kg. Explosive samples which are not wetted or desensitized must be limited to 10 kg in small packages as specified by the Associate Administrator for Hazardous Materials Safety
110(a)	Bags	Bags	Drums.
PARTICULAR PACKING REQUIREMENTS OR EXCEPTIONS: 1. The Intermediate packagings must be filled with water saturated material such as an anti-freeze solution or wetted cushioning 2. Outer packagings must be filled with water saturated material such as an anti-freeze solution or wetted cushioning. Outer packagings must be constructed and sealed to prevent evaporation of the wetting solution, except when 0224 is being carried dry	plastics textile, plastic coated or lined rubber textile, rubberized textile	plastics textile, plastic coated or lined rubber textile, rubberized Receptacles plastics metal	steel, removable head (1A2). plastics, removable head (1H2)
110(b)	Bags	Dividing partitions	Boxes.
PARTICULAR PACKING REQUIREMENTS OR EXCEPTIONS For UN 0074, 0113, 0114, 0129, 0130, 0135 and 0224, the following conditions must be satisfied: a. inner packagings must not contain more than 50 g of explosive substance (quantity corresponding to dry substance); b. each inner packaging must be separated from other inner packagings by dividing partitions; and c. the outer packaging must not be partitioned with more than 25 compartments	rubber, conductive plastics, conductive Receptacles metal wood rubber, conductive plastics, conductive	metal wood plastics fibreboard	natural wood, sift-proof wall (4C2). plywood (4D). reconstituted wood (4F).
111 PARTICULAR PACKING REQUIREMENTS OR EXCEPTIONS: For UN 0159, inner packagings are not required when metal (1A2 or 1B2) or plastics (1H2) drums are used as outer packagings	Bags paper, waterproofed plastics textile, rubberized Sheets plastics textile, rubberized	Not necessary	Boxes. steel (4A). aluminium (4B). natural wood, ordinary (4C1). natural wood, sift proof (4C2). plywood (4D). reconstituted wood (4F). fibreboard (4G). plastics, expanded (4H1). plastics, solid (4H2). Drums steel, removable head (1A2). aluminum, removable head (1B2). plywood (1D). fibreboard (1G). plastics, removable head (1H2).
112(a) This packing instruction applies to wetted solids	Bags	Bags	Boxes.
PARTICULAR PACKING REQUIREMENTS OR EXCEPTIONS: 1. For UN Nos. 0004, 0076, 0078, 0154, 0219 and 0394, packagings must be lead free 2. Intermediate packagings are not required if leakproof drums are used as the outer packaging 3. For UN 0072 and UN 0226, intermediate packagings are not required	paper, multiwall, water resistant plastics textile textile, rubberized woven plastics Receptacles metal plastics	plastics textile, plastic coated or lined Receptacles metal plastics	steel (4A). aluminium (4B). natural wood, ordinary (4C1). natural wood, sift proof (4C2). plywood (4D). reconstituted wood (4F). fibreboard (4G). plastics, expanded (4H1). plastics, solid (4H2). Drums steel, removable head (1A2). aluminium, removable head (1B2). Plywood (1D). fibre (1G). plastics, removable head (1H2).
112(b) This packing instruction applies to dry solids other than powders PARTICULAR PACKING REQUIREMENTS OR EXCEPTIONS: 1. For UN 0004, 0076, 0078, 0154, 0216, 0219 and 0386, packagings must be lead free 2. For UN 0209, bags, sift-proof (5H2) are recommended for flake or prilled TNT in the dry state and a maximum net mass of 30 kg. 3. For UN 0222, inner packagings are not required	Bags paper, Kraft paper, multiwall, water resistant plastics textile textile, rubberized plastics woven plastics	Bags (for UN 0150 only) plastics textile, plastic coated or lined	Bags. woven plastics sift-proof (5H2/3). plastics, film (5H4). textile, sift-proof (5L2). textile, water resistant (5L3). paper, multiwall, water resistant (5M2). Boxes steel (4A). aluminium (4B). natural wood, ordinary (4C1). natural wood, sift proof (4C2). plywood (4D) reconstituted wood (4F). fibreboard (4G). plastics, expanded (4H1). plastics, solid (4H2). Drums steel, removable head (1A2). aluminium, removable head (1B2). Plywood (1D). fibre (1G). plastics, removable head (1H2).
112(c) This packing instruction applies to solid dry powders	Bags	Bags	Boxes.
PARTICULAR PACKING REQUIREMENTS OR EXCEPTIONS: 1. For UN 0004, 0076, 0078, 0154, 0216, 0219 and 0386, packagings must be lead free 2. For UN 0209, bags, sift-proof (5H2) are recommended for flake or prilled TNT in the dry state. Bags must not exceed a maximum net mass of 30 kg. 3. Inner packagings are not required if drums are used as the outer packaging. 4. At least one of the packagings must be sift-proof	paper, multiwall, water resistant plastics woven plastics Receptacles fibreboard metal plastics wood	paper, multiwall, water resistant with inner lining plastics Receptacles metal plastics	steel (4A). natural wood, aluminum (4B). ordinary (4C1). natural wood, sift proof (4C2). plywood (4D). reconstituted wood (4F). fibreboard (4G). plastics, solid (4H2). Drums. plastics, removable head (1H2). steel, removable head (1A2). aluminium, removable head (1B2). Plywood (1D). fibre (1G).
113	Bags	Not necessary	Boxes.
PARTICULAR PACKING REQUIREMENTS OR EXCEPTIONS: 1. For UN 0094 and UN 0305, no more than 50 g of substance must be packed in an inner packaging 2. For UN 0027, inner packagings are not necessary when drums are used as the outer packaging 3. At least one of the packagings must be sift- proof 4. Sheets must only be used for UN 0028	paper plastics textile, rubberized Receptacles fibreboard metal plastics wood Sheets paper, kraft paper, waxed		steel (4A). aluminum (4B). natural wood, ordinary (4C1). natural wood, sift-proof walls (4C2). plywood (4D). reconstituted wood (4F). fibreboard (4G). plastics, solid (4H2). Drums plastics, removable head (1H2). steel, removable head (1A2). aluminium, removable head (1B2). Plywood (1D). fibre (1G).
114(a) This packing instruction applies to wetted solids PARTICULAR PACKING REQUIREMENTS OR EXCEPTIONS: 1. For UN 0077, 0234, 0235 and 0236, packagings must be lead free 2. For UN 0342, inner packagings are not required when metal (1A2 or 1B2) or plastics (1H2) drums are used as outer packagings 3. Intermediate packagings are not required if leakproof removable head drums are used as the outer packaging	Bags plastics textile woven plastics Receptacles metal plastics	Bags plastics textile, plastic coated or lined Receptacles metal plastics	Boxes. steel (4A). natural wood, ordinary (4C1). natural wood, sift proof walls (4C2). plywood (4D). reconstituted wood (4F). fibreboard (4G). plastics, solid (4H2). Drums. steel, removable head (1A2). aluminium, removable head (1B2). plywood (1D). fibre (1G). plastics, removable head (1H2).
114(b) This packing instruction applies to dry solids
PARTICULAR PACKING REQUIREMENTS OR EXCEPTIONS: 1. For UN 0077, 0132, 0234, 0235 and 0236, packagings must be lead free 2. For UN 0160 and UN 0161, when metal drums (1A2 or 1B2) are used as the outer packaging, metal packagings must be so constructed that the risk of explosion, by reason of increased internal pressure from internal or external causes, is prevented 3. For UN 0160, UN 0161, and UN 0508, inner packagings are not necessary if drums are used as the outer packaging 4. For UN 0508 and UN 0509, metal packagings must not be used	Bags paper, kraft plastics textile, sift-proof woven plastics, sift-proof. Receptacles................... fiberboard metal paper plastics woven plastics, sift-proof.	Not necessary	Boxes. natural wood, ordinary (4C1). natural wood, sift-proof walls (4C2). plywood (4D). reconstituted wood (4F). fiberboard (4G). Drums. steel, removable head (1A2). aluminum, removable head (1B2). plywood (1D). fiber (1G). plastics, removable head (1H2).
115	Receptacles	Bags	Boxes.
PARTICULAR PACKING REQUIREMENTS OR EXCEPTIONS: 1. For liquid explosives, inner packagings must be surrounded with non-combustible absorbent cushioning material in sufficient quantity to absorb the entire liquid content. Metal receptacles should be cushioned from each other. The net mass of explosive per package may not exceed 30 kg when boxes are used as outer packaging. The net volume of explosive in each package other than boxes must not exceed 120 litres 2. For UN 0075, 0143, 0495 and 0497 when boxes are used as the outer packaging, inner packagings must have taped screw cap closures and be not more than 5 litres capacity each. A composite packaging consisting of a plastic receptacle in a metal drum (6HA1) may be used in lieu of combination packagings. Liquid substances must not freeze at temperatures above −15 °C (+5 °F) 3. For UN 0144, intermediate packagings are not necessary.	metal plastics	plastics in metal receptacles Drums metal	natural wood, ordinary (4C1). natural wood, sift proof walls (4C2). plywood (4D). reconstituted wood (4F). fibreboard (4G). Drums. plastics, removable head (1H2). steel, removable head (1A2). aluminium, removable head (1B2). plywood (1D). fibre (1G). Specification MC–200 containers may be used for transport by motor vehicle.
116	Bags	Not necessary	Bags.
PARTICULAR PACKING REQUIREMENTS OR EXCEPTIONS: 1. For UN 0082, 0241, 0331 and 0332, inner packagings are not necessary if leakproof removable head drums are used as the outer packaging 2. For UN 0082, 0241, 0331 and 0332, inner packagings are not required when the explosive is contained in a material impervious to liquid 3. For UN 0081, inner packagings are not required when contained in rigid plastic which is impervious to nitric esters 4. For UN 0331, inner packagings are not required when bags (5H2), (5H3) or (5H4) are used as outer packagings 5. Bags (5H2 or 5H3) must be used only for UN 0082, 0241, 0331 and 0332 6. For UN 0081, bags must not be used as outer packagings	paper, water and oil resistant plastics texitile, plasic coated or lined woven plasics, sift-proof Receptacles fibreboard, water resistant metal plastics wood, sift-proof Sheets paper, water resistant paper, waxed plastics		woven plastics (5H1/2/3). paper, mulitwall, water resistant (5M2). plastics, film (5H4). textile, sift-proof (5L2). textile, water resistant (5L3). Boxes. steel (4A). aluminium (4B). wood, natural, ordinary (4C1). natural wood, sift proof walls (4C2). plywood (4D). reconstituted wood (4F). fibreboard (4G). plastics, solid (4H2). Drums. steel, removable head (1A2). aluminium, removable head (1B2). Plywood (1D). fibre (1G). plastics, removable head (1H2). Jerricans. steel, removable head (3A2). plastics, removable head (3H2).
117	Not necessary	Not necessary	IBCs.
PARTICULAR PACKING REQUIREMENTS OR EXCEPTIONS: 1. This packing instruction may only be used for explosives of 0082 when they are mixtures of ammonium nitrate or other inorganic nitrates with other combustible substances which are not explosive ingredients. Such explosives must not contain nitroglycerin, similar liquid organic nitrates, liquid or solid nitrocarbons, or chlorates. 2. This packing instruction may only be used for explosives of UN 0241 which consist of water as an essential ingredient and high proportions of ammonium nitrate or other oxidizers, some or all of which are in solution. The other constituents may include hydrocarbons or aluminium powder, but must not include nitro-derivatives such as trinitrotoluene. 3. Metal IBCs must not be used for UN 0082 and 0241. 4. Flexible IBCs may only be used for solids.			metal (11A), (11B), (11N), (21A), (21B), (21N), (31A), (31B), (31N). flexible (13H2), (13H3), (13H4), (13L2), (13L3), (13L4), (13M2). rigid plastics (11H1), (11H2), (21H1), (21H2), (31H1), (31H2). composite (11HZ1), (11HZ2), (21HZ1), (21HZ2), (31HZ1), (31HZ2).
130	Not necessary	Not necessary	Boxes.
PARTICULAR PACKING REQUIREMENTS OR EXCEPTIONS: 1. The following applies to UN 0006, 0009, 0010, 0015, 0016, 0018, 0019, 0034, 0035, 0038, 0039, 0048, 0056, 0137, 0138, 0168, 0169, 0171, 0181, 0182, 0183, 0186, 0221, 0238, 0243, 0244, 0245, 0246, 0254, 0280, 0281, 0286, 0287, 0297, 0299, 0300, 0301, 0303, 0321, 0328, 0329, 0344, 0345 0346, 0347, 0362, 0363, 0370, 0412, 0424, 0425, 0434, 0435, 0436, 0437, 0438, 0451, 0459 and 0488. Large and robust explosives articles, normally intended for military use, without their means of initiation or with their means of initiation containing at least two effective protective features, may be carried unpackaged. When such articles have propelling charges or are self-propelled, their ignition systems must be protected against stimuli encountered during normal conditions of transport. A negative result in Test Series 4 on an unpackaged article indicates that the article can be considered for transport unpackaged. Such unpackaged articles may be fixed to cradles or contained in crates or other suitable handling devices.			steel (4A). aluminium (4B). wood natural, ordinary (4C1). natural wood, sift proof walls (4C2). plywood (4D). reconstituted wood (4F). fibreboard (4G). plastics, expanded (4H1). plastics, solid (4H2). Drums. steel, removable head (1A2). aluminium, removable head (1B2). Plywood (1D). fibre (1G). plastics, removable head (1H2).
131	Bags	Not necessary	Boxes.
PARTICULAR PACKING REQUIREMENTS OR EXCEPTIONS: 1. For UN 0029, 0267 and 0455, bags and reels may not be used as inner packagings 2. For UN 0030, 0255 and 0456, inner packagings are not required when detonators are packed in pasteboard tubes, or when their leg wires are wound on spools with the caps either placed inside the spool or securely taped to the wire on the spool, so as to restrict free moving of the caps and to protect them from impact forces 3. For UN 0360, 0361 and 0500, detonators are not required to be attached to the safety fuse, metal-clad mild detonating cord, detonating cord, or shock tube. Inner packagings are not required if the packing configuration restricts free moving of the caps and protects them from impact forces	paper plastics Receptacles fibreboard metal plastics wood Reels		steel (4A). aluminium (4B). wood, natural, ordinary (4C1). natural wood, sift proof walls (4C2). plywood (4D). reconstituted wood (4F). fibreboard (4G). Drums. steel, removable head (1A2). aluminium, removable head (1B2). Plywood (1D). fibre (1G). plastics, removable head (1H2).
132(a) For articles consisting of closed metal, plastic or fiberboard casings that contian detonating explosives, or consisting of plastics-bonded detonating explosives	Not necessary	Not necessary	Boxes. steel (4A). aluminum (4B). wood, natural; ordinary (4C1). wood, natural, sift proof walls (4C2). plywood (4D). reconstituted wood (4F). fiberboard (4G). plastics, solid (4H2).
132(b) For articles without closed casings	Receptacles fiberboard metal plastics. Sheets paper plastics	Not necessary	Boxes. steel (4A); aluminum (4B). wood, natural, ordinary (4C1). wood, natural, sift proof walls (4C2). plywood (4D). reconstituted wood (4F). fiberboard (4G). plastics, solid (4H2).
133	Receptacles	Receptacles	Boxes.
PARTICULAR PACKING REQUIREMENTS OR EXCEPTIONS: 1. For UN 0043, 0212, 0225, 0268 and 0306 trays are not authorized as inner packagings	Intermediate packagings are only required when trays are used as inner packagings fibreboard metal plastics wood Trays, fitted with dividing partitions fibreboard plastics wood	fibreboard metal plastics wood	steel (4A). aluminium (4B). wood, natural, ordinary (4C1). wood, natural, sift proof walls (4C2). plywood (4D). reconstituted wood (4F). fibreboard (4G). plastics, solid (4H2).
134	Bags water resistant Receptacles fibreboard metal plastics wood Sheets fibreboard, corrugated Tubes fibreboard	Not necessary	Boxes. steel (4A). aluminium (4B). wood, natural, ordinary (4C1). wood, natural, sift proof walls (4C2). plywood (4D). reconstituted wood (4F). fibreboard (4G). plastics, expanded (4H1). plastics, solid (4H2). Drums. fibreboard (1G). plastics, removable head (1H2). steel, removable head (1A2). aluminium, removable head (1B2). plywood (1D).
135	Bags paper plastics Receptacles fibreboard metal plastics wood Sheets paper plastics	Not necessary	Boxes. steel (4A). aluminium (4B). wood, natural, ordinary (4C1). wood, natural, sift proof walls (4C2). plywood (4D). reconstituted wood (4F). fibreboard (4G). plastics, expanded (4H1). plastics, solid (4H2). Drums. steel, removable head (1A2). aluminium, removable head (1B2). Plywood (1D). fibre (1G). plastics, removable head (1H2).
136	Bags plastics textile Boxes. fibreboard plastics wood Dividing partitions in the outer packagings	Not necessary	Boxes. steel (4A). aluminium (4B) wood, natural, ordinary (4C1). wood, natural, sift proof walls (4C2). plywood (4D). reconstituted wood (4F). fibreboard (4G). plastics, solid (4H2). Drums. steel, removable head (1A2). aluminium, removable head (1B2). Plywood (1D). fibre (1G). plastics, removable head (1H2).
137 PARTICULAR PACKING REQUIREMENTS OR EXCEPTIONS: For UN 0059, 0439, 0440 and 0441, when the shaped charges are packed singly, the conical cavity must face downwards and the package marked “THIS SIDE UP”. When the shaped charges are packed in pairs, the conical cavities must face inwards to minimize the jetting effect in the event of accidental initiation	Bags plastics Boxes fibreboard Tubes fibreboard metal plastics Dividing partitions in the outer packagings	Not necessary	Boxes. steel (4A). aluminium (4B). wood, natural, ordinary (4C1). wood, natural, sift proof walls (4C2). plywood (4D). reconstituted wood (4F). fibreboard (4G).
138	Bags	Not necessary	Boxes.
PARTICULAR PACKING REQUIREMENTS OR EXCEPTIONS: If the ends of the articles are sealed, inner packagings are not necessary	plastics		steel (4A). aluminium (4B). wood, natural, ordinary (4C1). wood, natural, sift proof walls (4C2). plywood (4D). reconstituted wood (4F). fibreboard (4G). plastics, solid (4H2). Drums. fiberboard (1G). plastics, removable head (1H2). steel, removable head (1A2). aluminium, removable head (1B2).
139	Bags	Not necessary	Boxes.
PARTICULAR PACKING REQUIREMENTS OR EXCEPTIONS: 1. For UN 0065, 0102, 0104, 0289 and 0290, the ends of the detonating cord must be sealed, for example, by a plug firmly fixed so that the explosive cannot escape. The ends of CORD DETONATING flexible must be fastened securely 2. For UN 0065 and UN 0289, inner packagings are not required when they are fastened securely in coils	plastics Receptacles fibreboard metal plastics wood Reels Sheets paper plastics		steel (4A). aluminium (4B). wood, natural, ordinary (4C1). wood, natural, sift proof walls (4C2). plywood (4D). reconstituted wood (4F). fibreboard (4G). plastics, solid (4H2). Drums. steel, removable head (1A2). aluminium, removable head (1B2). plywood (1D). fibre (1G). plastics, removable head (1H2).
140	Bags	Not necessary	Boxes.
PARTICULAR PACKING REQUIREMENTS OR EXCEPTIONS: 1. If the ends of UN 0105 are sealed, no inner packagings are required 2. For UN 0101, the packaging must be sift-proof except when the fuse is covered by a paper tube and both ends of the tube are covered with removable caps 3. For UN 0101, steel or aluminium boxes or drums must not be used	plastics Reels Sheets paper, kraft plastics		steel (4A). aluminium (4B). wood, natural, ordinary (4C1). wood, natural, sift proof walls (4C2). plywood (4D). reconstituted wood (4F). fibreboard (4G). plastics, solid (4H2). Drums. plastics, removable head (1H2). steel, removable head (1A2). aluminium, removable head (1B2). Plywood (1D). fibre (1G).
141	Receptacles fibreboard metal plastics wood Trays, fitted with dividing partitions plastics wood Dividing partitions in the outer packagings	Not necessary	Boxes. steel (4A). aluminium (4B). wood, natural, ordinary (4C1). wood, natural, sift proof walls (4C2). plywood (4D). reconstituted wood (4F). fibreboard (4G). plastics, solid (4H2). Drums. steel, removable head (1A2). aluminium, removable head (1B2). Plywood (1D). fibre (1G). plastics, removable head (1H2).
142	Bags paper plastics Receptacles fibreboard metal plastics wood Sheets paper Trays, fitted with dividing partitions plastics	Not necessary	Boxes. steel (4A). aluminium (4B). wood, natural, ordinary (4C1). wood, natural, sift proof walls (4C2). plywood (4D). reconstituted wood (4F). fibreboard (4G). plastics, solid (4H2). Drums. steel, removable head (1A2). aluminium, removable head (1B2). Plywood (1D). fibre (1G). plastics, removable head (1H2).
143	Bag	Not necessary	Boxes.
PARTICULAR PACKING REQUIREMENTS OR EXCEPTIONS: 1. For UN 0271, 0272, 0415 and 0491 when metal packagings are used, metal packagings must be so constructed that the risk of explosion, by reason of increase in internal pressure from internal or external causes is prevented 2. Composite packagings (6HH2) (plastic receptacle with outer solid box) may be used in lieu of combination packagings	paper, kraft plastics textile textile, rubberized Receptacles fibreboard metal plastics Trays, fitted with dividing partitions plastics wood		steel (4A). aluminum (4B). wood, natural, ordinary (4C1). wood, natural, sift proof walls (4C2). plywood (4D). reconstituted wood (4F). fibreboard (4G). plastics, solid (4H2). Drums. steel, removable head (1A2). aluminium, removable head (1B2). plywood (1D). fibre (1G). plastics, removable head (1H2).
144	Receptacles	Not necessary	Boxes. Drums. steel, removable head (1A2). aluminium, removable head (1B2). plastics, removable head (1H2). Plywood (1D).
PARTICULAR PACKING REQUIREMENTS OR EXCEPTIONS: For UN 0248 and UN 0249, packagings must be protected against the ingress of water. When CONTRIVANCES, WATER ACTIVATED are transported unpackaged, they must be provided with at least two independent protective features which prevent the ingress of water	fibreboard metal plastics Dividing partitions in the outer packagings		2steel (4A). aluminum (4B). wood, natural, ordinary (4C1) with metal liner. plywood (4D) with metal liner. reconstituted wood (4F) with metal liner. plastics, expanded (4H1). plastics, solid (4H2).
US 1
1. A jet perforating gun, charged, oil well may be transported under the following conditions:
a. Initiation devices carried on the same motor vehicle or offshore supply vessel must be segregated; each kind from every other kind, and from any gun, tool or other supplies, unless approved in accordance with §173.56. Segregated initiation devices must be carried in a container having individual pockets for each such device or in a fully enclosed steel container lined with a non-sparking material. No more than two segregated initiation devices per gun may be carried on the same motor vehicle.
b. Each shaped charge affixed to the gun may not contain more than 112 g (4 ounces) of explosives.
c. Each shaped charge if not completely enclosed in glass or metal, must be fully protected by a metal cover after installation in the gun.
d. A jet perforating gun classed as 1.1D or 1.4D may be transported by highway by private or contract carriers engaged in oil well operations.
(i) A motor vehicle transporting a gun must have specially built racks or carrying cases designed and constructed so that the gun is securely held in place during transportation and is not subject to damage by contact, one to the other or any other article or material carried in the vehicle; and
(ii) The assembled gun packed on the vehicle may not extend beyond the body of the motor vehicle.
e. A jet perforating gun classed as 1.4D may be transported by a private offshore supply vessel only when the gun is carried in a motor vehicle as specified in paragraph (d) of this packing method or on offshore well tool pallets provided that:
(i) All the conditions specified in paragraphs (a), (b), and (c) of this packing method are met;
(ii) The total explosive contents do not exceed 90.8 kg (200 pounds) per tool pallet;
(iii) Each cargo vessel compartment may contain up to 90.8 kg (200 pounds) of explosive content if the segregation requirements in §176.83(b) of this subchapter are met; and
(iv) When more than one vehicle or tool pallet is stowed “on deck” a minimum horizontal separation of 3 m (9.8 feet) must be provided.

[Amdt. 173–260, 62 FR 24720, May 6, 1997; 62 FR 45702, Aug. 28, 1997; 62 FR 51560, Oct. 1, 1997; 63 FR 1884, Jan. 12, 1998; 63 FR 52849, Oct. 1, 1998; 64 FR 51918, Sept. 27, 1999; 65 FR 50461, Aug. 18, 2000; 65 FR 58629, Sept. 29, 2000; 65 FR 60383, Oct. 11, 2000; 66 FR 33429, 33430, June 21, 2001; 66 FR 45183, 45379, 45382, Aug. 28, 2001; 68 FR 45033, July 31, 2003; 68 FR 48569, Aug. 14, 2003; 68 FR 61941, Oct. 30, 2003; 73 FR 4717, Jan. 28, 2008; 74 FR 53188, Oct. 16, 2009; 75 FR 72, Jan. 4, 2010]

(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:

(4) Passenger-carrying aircraft used to transport personnel to remote work sites, such as offshore drilling units.

(b) Cartridges, small arms, and cartridges power devices. (1) Cartridges, small arms, and cartridges power devices (which are used to project fastening devices) which have been classed as a Division 1.4S explosive may be reclassed, offered for transportation, and transported as ORM–D material when packaged in accordance with paragraph (b)(2) of this section. For transportation by aircraft, the package must also comply with the applicable requirements of §173.27 of this subchapter. Such transportation is excepted from the requirements of subparts E (Labeling) and F (Placarding) of part 172 of this subchapter. Cartridges, small arms, and cartridges power devices that may be shipped as ORM–D material are limited to:

(iii) Ammunition having no tear gas, incendiary, or detonating explosive projectiles;

(iv) Ammunition not exceeding 12.7 mm (50 caliber or 0.5 inch) for rifle or pistol, cartridges or 8 gauge for shotshells; and

(2) Packaging for cartridges, small arms, and cartridges power devices as ORM-D material must be as follows:

(i) Ammunition must be packed in inside boxes, or in partitions which fit snugly in the outside packaging, or in metal clips;

(iii) Inside boxes, partitions or metal clips must be packed in securely-closed strong outside packagings;

(v) Cartridges, power devices which are used to project fastening devices and 22 caliber rim-fire cartridges may be packaged loose in strong outside packagings.

(f) Detonators containing no more than 1 g explosive (excluding ignition and delay charges) that are electric blasting caps with leg wires 4 feet long or longer, delay connectors in plastic sheaths, or blasting caps with empty plastic tubing 12 feet long or longer may be packed as follows in which case they are excepted from the packaging requirements of §173.62:

(2) IME Standard 22 container (IBR, see §171.7 of this subchapter) or compartment is used as the outer packaging;

(4) No material may be loaded on top of the IME Standard 22 container and no material may be loaded against the outside door of the IME Standard 22 compartment.

(g) Detonators that are classed as 1.4B or 1.4S and contain no more than 1 g of explosive (excluding ignition and delay charges) may be packed as follows in which case they are excepted from the packaging requirements of §173.62:

(4) Each inner packaging is marked “l.4B Detonators” or “1.4S Detonators”, as appropriate.

[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]

§ 173.115 Class 2, Divisions 2.1, 2.2, and 2.3—Definitions.

(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 §173.115 (k) 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

(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 because when tested on laboratory animals it has an LC₅₀value of not more than 5000 mL/m³ (see §173.116(a) of this subpart for assignment of Hazard Zones A, B, C or D). LC₅₀values for mixtures may be determined using the formula in §173.133(b)(1)(i) or CGA P–20 (IBR, see §171.7 of this subchapter).

(d) Non-liquefied compressed gas. A gas, which when packaged under pressure for transportation is entirely gaseous at −50 °C (−58 °F) with a critical temperature less than or equal to −50 °C (−58 °F), is considered to be a non-liquefied compressed gas.

(e) Liquefied compressed gas. A gas, which when packaged under pressure for transportation is partially liquid at temperatures above −50 °C (−58 °F), is considered to be a liquefied compressed gas. A liquefied compressed gas is further categorized as follows:

(1) High pressure liquefied gas which is a gas with a critical temperature between −50 °C (−58 °F) and + 65 °C (149 °F), and

(2) Low pressure liquefied gas which is a gas with a critical temperature above + 65 °C (149 °F).

(f) Compressed gas in solution. A compressed gas in solution is a non-liquefied compressed gas which is dissolved in a solvent.

(g) Cryogenic liquid. A cryogenic liquid means a refrigerated liquefied gas having a boiling point colder than −90 °C (−130 °F) at 101.3 kPa (14.7 psia) absolute. A material meeting this definition is subject to requirements of this subchapter without regard to whether it meets the definition of a non-flammable, non-poisonous compressed gas in paragraph (b) of this section.

(h) Flammable range. The term flammable range means the difference between the minimum and maximum volume percentages of the material in air that forms a flammable mixture.

(i) Service pressure. The term service pressure means the authorized pressure marking on the packaging. For example, for a cylinder marked “DOT 3A1800”, the service pressure is 12410 kPa (1800 psig).

(j) Refrigerant gas or Dispersant gas. The terms Refrigerant gas and Dispersant gas apply to all nonpoisonous refrigerant gases; dispersant gases (fluorocarbons) listed in §172.101 of this subchapter and §§173.304, 173.314(c), 173.315(a), and 173.315(h) and mixtures thereof; and any other compressed gas having a vapor pressure not exceeding 260 psia at 54 °C(130 °F), used only as a refrigerant, dispersant, or blowing agent.

(k) For Division 2.2 gases, the oxidizing ability shall be determined by tests or by calculation in accordance with ISO 10156:1996 and ISO 10156–2:2005 (IBR, see §171.7 of this subchapter).

(1) An aerosol must be assigned to Division 2.1 if the contents include 85% by mass or more flammable components and the chemical heat of combustion is 30 kJ/g or more;

(2) An aerosol must be assigned to Division 2.2 if the contents contain 1% by mass or less flammable components and the heat of combustion is less than 20 kJ/g.

(3) Aerosols not meeting the provisions of paragraphs (a) or (b) of this section must be classed in accordance with the appropriate tests of the UN Manual of Tests and Criteria (IBR, see §171.7 of this subchapter). An aerosol which was tested in accordance with the requirements of this subchapter in effect on December 31, 2005, is not required to be retested.

(5) When the contents are classified as Division 6.1, PG III or Class 8, PG II or III, the aerosol must be assigned a subsidiary hazard of Division 6.1 or Class 8, as appropriate.

(6) Substances of Division 6.1, PG I or II, and substances of Class 8, PG I are forbidden from transportation in an aerosol container.

(7) Flammable components are Class 3 flammable liquids, Division 4.1 flammable solids, or Division 2.1 flammable gases. The chemical heat of combustion must be determined in accordance with the UN Manual of Tests and Criteria (IBR, see §171.7 of this subchapter).

[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. 173–236, 58 FR 50236, Sept. 24, 1993; Amdt. 173–234, 58 FR 51532, Oct. 1, 1993; Amdt. 173–241, 59 FR 67506, Dec. 29, 1994; Amdt. 173–255, 61 FR 50625, Sept. 26, 1996; 66 FR 45379, 45380, 45382, Aug. 28, 2001; 67 FR 51642, Aug. 8, 2002; 67 FR 16013, Sept. 27, 2002; 68 FR 45033, July 31, 2003; 68 FR 75742, Dec. 31, 2003; 69 FR 76155, Dec. 20, 2004; 70 FR 34398, June 14, 2005; 71 FR 78631, Dec. 29, 2006; 74 FR 2256, Jan. 14, 2009; 74 FR 16143, Apr. 9, 2009; 75 FR 72, Jan. 4, 2010]

(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.

[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) 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:

(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 combustible liquid.

(3) A combustible liquid that does not sustain combustion is not subject to the requirements of this subchapter as a combustible liquid. Either the test method specified in ASTM D 4206 or the procedure in appendix H of this part may be used to determine if a material sustains combustion when heated under test conditions and exposed to an external source of flame.

(c) Flash point. (1) Flash point means the minimum temperature at which a liquid gives off vapor within a test vessel in sufficient concentration to form an ignitable mixture with air near the surface of the liquid. It shall be determined as follows:

(i) For a homogeneous, single-phase, liquid having a viscosity less than 45 S.U.S. at 38 °C (100 °F) that does not form a surface film while under test, one of the following test procedures shall be used:

(B) Standard Methods of Test for Flash Point of Liquids by Setaflash Closed Tester, (ASTM D 3278); or

(ii) For a liquid other than one meeting all of the criteria of paragraph (c)(1)(i) of this section, one of the following test procedures shall be used:

(A) Standard Method of Test for Flash Point by Pensky—Martens Closed Tester, (ASTM D 93). For cutback asphalt, use Method B of ASTM D 93 or alternate tests authorized in this standard; or

(B) Standard Methods of Test for Flash Point of Liquids by Setaflash Closed Tester (ASTM D 3278).

(2) For a liquid that is a mixture of compounds that have different volatility and flash points, its flash point shall be determined as specified in paragraph (c)(1) of this section, on the material in the form in which it is to be shipped. If it is determined by this test that the flash point is higher than −7 °C (20 °F) a second test shall be made as follows: a portion of the mixture shall be placed in an open beaker (or similar container) of such dimensions that the height of the liquid can be adjusted so that the ratio of the volume of the liquid to the exposed surface area is 6 to one. The liquid shall be allowed to evaporate under ambient pressure and temperature (20 to 25 °C (68 to 77 °F)) for a period of 4 hours or until 10 percent by volume has evaporated, whichever comes first. A flash point is then run on a portion of the liquid remaining in the evaporation container and the lower of the two flash points shall be the flash point of the material.

(3) For flash point determinations by Setaflash closed tester, the glass syringe specified need not be used as the method of measurement of the test sample if a minimum quantity of 2 mL (0.1 ounce) is assured in the test cup.

(d) If experience or other data indicate that the hazard of a material is greater or less than indicated by the criteria specified in paragraphs (a) and (b) of this section, the Associate Administrator may revise the classification or make the material subject or not subject to the requirements of parts 170–189 of this subchapter.

[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]

(a) 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 shall be determined by applying the following criteria:

(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 does not contain any substances with a primary or a subsidiary risk of Division 6.1 or Class 8;

(2) The methods by which the tests referred to in paragraph (b)(1) of this section shall be performed are as follows:

(i) Viscosity test. The flow time in seconds is determined at 23 °C (73.4 °F) using the ISO standard cup with a 4 mm (0.16 inch) jet as set forth in ISO 2431 (IBR, see §171.7 of this subchapter). Where the flow time exceeds 100 seconds, a further test is carried out using the ISO standard cup with a 6 mm (0.24 inch) jet.

(ii) Solvent Separation Test. This test is carried out at 23 °C (73 °F) using a 100.0 mL(3 ounces) measuring cylinder of the stoppered type of approximately 25.0 cm (9.8 inches) total height and of a uniform internal diameter of approximately 30 mm (1.2 inches) over the calibrated section. The sample should be stirred to obtain a uniform consistency, and poured in up to the 100 mL (3 ounces) mark. The stopper should be inserted and the cylinder left standing undisturbed for 24 hours. After 24 hours, the height of the upper separated layer should be measured and the percentage of this layer as compared with the total height of the sample calculated.

[Amdt. 173–224, 55 FR 52634, Dec. 21, 1990, as amended at 56 FR 66268, Dec. 20, 1991; Amdt. 173–241, 59 FR 67507, Dec. 29, 1994 Amdt. 173–255, 61 FR 50625, Sept. 26, 1996; 64 FR 10777, Mar. 5, 1999; 64 FR 51918, Sept. 27, 1999; 66 FR 45381, Aug. 28, 2001; 68 FR 75744, Dec. 31, 2003; 71 FR 78631, Dec. 29, 2006]

(a) Division 4.1 (Flammable Solid). For the purposes of this subchapter, flammable solid (Division 4.1) means any of the following three types of materials:

(i) When dry are Explosives of Class 1 other than those of compatibility group A, which are wetted with sufficient water, alcohol, or plasticizer to suppress explosive properties; and

(ii) Are specifically authorized by name either in the §172.101Table or have been assigned a shipping name and hazard class by the Associate Administrator under the provisions of—

(2)(i) Self-reactive materials are materials that are thermally unstable and that can undergo a strongly exothermic decomposition even without participation of oxygen (air). A material is excluded from this definition if any of the following applies:

(A) The material meets the definition of an explosive as prescribed in subpart C of this part, in which case it must be classed as an explosive;

(B) The material is forbidden from being offered for transportation according to §172.101 of this subchapter or §173.21;

(C) The material meets the definition of an oxidizer or organic peroxide as prescribed in subpart D of this part, in which case it must be so classed;

( 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 Table in §173.224 is assigned to a generic type in accordance with that table. Self-reactive materials not identified in the Self-Reactive Materials Table in §173.224 are assigned to generic types under the procedures of paragraph (a)(2)(iii) of this section.

(A) Type A. Self-reactive material type A is a self-reactive material which, as packaged for transportation, can detonate or deflagrate rapidly. Transportation of type A self-reactive material is forbidden.

(B) Type B. Self-reactive material type B is a self-reactive material which, as packaged for transportation, neither detonates nor deflagrates rapidly, but is liable to undergo a thermal explosion in a package.

(C) Type C. Self-reactive material type C is a self-reactive material which, as packaged for transportation, neither detonates nor deflagrates rapidly and cannot undergo a thermal explosion.

(D) Type D. Self-reactive material type D is a self-reactive material which—

( 1 ) Detonates partially, does not deflagrate rapidly and shows no violent effect when heated under confinement;

( 2 ) Does not detonate at all, deflagrates slowly and shows no violent effect when heated under confinement; or

( 3 ) Does not detonate or deflagrate at all and shows a medium effect when heated under confinement.

(E) Type E. Self-reactive material type E is a self-reactive material which, in laboratory testing, neither detonates nor deflagrates at all and shows only a low or no effect when heated under confinement.

(F) Type F. Self-reactive material type F is a self-reactive material which, in laboratory testing, neither detonates in the cavitated state nor deflagrates at all and shows only a low or no effect when heated under confinement as well as low or no explosive power.

(G) Type G. Self-reactive material type G is a self-reactive material which, in laboratory testing, does not detonate in the cavitated state, will not deflagrate at all, shows no effect when heated under confinement, nor shows any explosive power. A type G self-reactive material is not subject to the requirements of this subchapter for self-reactive material of Division 4.1 provided that it is thermally stable (self-accelerating decomposition temperature is 50 °C (122 °F) or higher for a 50 kg (110 pounds) package). A self-reactive material meeting all characteristics of type G except thermal stability is classed as a type F self-reactive, temperature control material.

(iii) Procedures for assigning a self-reactive material to a generic type. A self-reactive material must be assigned to a generic type based on—

(A) Its physical state (i.e. liquid or solid), in accordance with the definition of liquid and solid in §171.8 of this subchapter;

(B) A determination as to its control temperature and emergency temperature, if any, under the provisions of §173.21(f);

(C) Performance of the self-reactive material under the test procedures specified in the UN Manual of Tests and Criteria (IBR, see §171.7 of this subchapter) and the provisions of paragraph (a)(2)(iii) of this section; and

(D) Except for a self-reactive material which is identified by technical name in the Self-Reactive Materials Table in §173.224(b) or a self-reactive material which may be shipped as a sample under the provisions of §173.224, the self-reactive material is approved in writing by the Associate Administrator. The person requesting approval shall submit to the Associate Administrator the tentative shipping description and generic type and—

( 1 ) All relevant data concerning physical state, temperature controls, and tests results; or

( 2 ) An approval issued for the self-reactive material by the competent authority of a foreign government.

(iv) Tests. The generic type for a self-reactive material must be determined using the testing protocol from Figure 14.2 (Flow Chart for Assigning Self-Reactive Substances to Division 4.1) from the UN Manual of Tests and Criteria.

(ii) Show a burning rate faster than 2.2 mm (0.087 inches) per second when tested in accordance with the UN Manual of Tests and Criteria (IBR, see §171.7 of this subchapter); or

(iii) Any metal powders that can be ignited and react over the whole length of a sample in 10 minutes or less, when tested in accordance with the UN Manual of Tests and Criteria.

(b) Division 4.2 (Spontaneously Combustible Material). For the purposes of this subchapter, spontaneously combustible material (Division 4.2) means—

(1) A pyrophoric material. A pyrophoric material is a liquid or solid that, even in small quantities and without an external ignition source, can ignite within five (5) minutes after coming in contact with air when tested according to UN Manual of Tests and Criteria.

(2) A self-heating material. A self-heating material is a material that, when in contact with air and without an energy supply, is liable to self-heat. A material of this type which exhibits spontaneous ignition or if the temperature of the sample exceeds 200 °C (392 °F) during the 24-hour test period when tested in accordance with UN Manual of Tests and Criteria, is classed as a Division 4.2 material.

(c) Division 4.3 (Dangerous when wet material). For the purposes of this chapter, dangerous when wet material (Division 4.3) means a material that, by contact with water, is liable to become spontaneously flammable or to give off flammable or toxic gas at a rate greater than 1 L per kilogram of the material, per hour, when tested in accordance with UN Manual of Tests and Criteria.

[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. 173–233, 58 FR 33305, June 16, 1993; Amdt. 173–234, 58 FR 51532, Oct. 1, 1993; Amdt. 173–241, 59 FR 67507, Dec. 29, 1994; Amdt. 173–261, 62 FR 24731, May 6, 1997; 66 FR 8647, Feb. 1, 2001; 66 FR 45379, Aug. 28, 2001; 68 FR 75744, Dec. 31, 2003; 70 FR 73165, Dec. 9, 2005; 71 FR 78631, Dec. 29, 2006; 74 FR 53188, Oct. 16, 2009]

(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.

(1) Pyrophoric liquids and solids of Division 4.2 are assigned to Packing Group I.

(i) Packing Group II, if the material gives a positive test result when tested with a 25 mm cube size sample at 140 °C; or

(A) A positive test result is obtained in a test using a 100 mm sample cube at 140 °C and a negative test result is obtained in a test using a 25 mm sample cube at 140 °C and the substance is transported in packagings with a volume of more than 3 cubic meters; or

(B) A positive test result is obtained in a test using a 100 mm sample cube at 120 °C and a negative result is obtained in a test using a 25 mm sample cube at 140 °C and the substance is transported in packagings with a volume of more than 450 L; or

(C) A positive result is obtained in a test using a 100 mm sample cube at 100 °C and a negative result is obtained in a test using a 25 mm sample cube at 140 °C and the substance is transported in packagings with a volume of less than 450 L.

(1) Packing Group I, if the material reacts vigorously with water at ambient temperatures and demonstrates a tendency for the gas produced to ignite spontaneously, or which reacts readily with water at ambient temperatures such that the rate of evolution of flammable gases is equal or greater than 10 L per kilogram of material over any one minute;

(2) Packing Group II, if the material reacts readily with water at ambient temperatures such that the maximum rate of evolution of flammable gases is equal to or greater than 20 L per kilogram of material per hour, and which does not meet the criteria for Packing Group I; or

(3) Packing Group III, if the material reacts slowly with water at ambient temperatures such that the maximum rate of evolution of flammable gases is greater than 1 L per kilogram of material per hour, and which does not meet the criteria for Packing Group I or II.

[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) 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 is classed as a Division 5.1 material if, when tested in accordance with the UN Manual of Tests and Criteria (IBR, see §171.7 of this subchapter), its mean burning time is less than or equal to the burning time of a 3:7 potassium bromate/cellulose mixture.

(2) A liquid material is classed as a Division 5.1 material if, when tested in accordance with the UN Manual of Tests and Criteria, it spontaneously ignites or its mean time for a pressure rise from 690 kPa to 2070 kPa gauge is less then the time of a 1:1 nitric acid (65 percent)/cellulose mixture.

(b) 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, exhibits a mean burning time less than the mean burning time of a 3:2 potassium bromate/cellulose mixture.

(ii) Packing Group II, for any material which, in either concentration tested, exhibits a mean burning time less than or equal to the mean burning time of a 2:3 potassium bromate/cellulose mixture and the criteria for Packing Group I are not met.

(iii) Packing Group III for any material which, in either concentration tested, exhibits a mean burning time less than or equal to the mean burning time of a 3:7 potassium bromate/cellulose mixture and the criteria for Packing Group I and II are not met.

(2) The packing group of a Division 5.1 material which is a liquid shall be assigned using the following criteria:

(A) Any material which spontaneously ignites when mixed with cellulose in a 1:1 ratio; or

(B) Any material which exhibits a mean pressure rise time less than the pressure rise time of a 1:1 perchloric acid (50 percent)/cellulose mixture.

(ii) Packing Group II, any material which exhibits a mean pressure rise time less than or equal to the pressure rise time of a 1:1 aqueous sodium chlorate solution (40 percent)/cellulose mixture and the criteria for Packing Group I are not met.

(iii) Packing Group III, any material which exhibits a mean pressure rise time less than or equal to the pressure rise time of a 1:1 nitric acid (65 percent)/cellulose mixture and the criteria for Packing Group I and II are not met.

[Amdt. 173–261, 62 FR 24732, May 6, 1997, as amended at 68 FR 75744, Dec. 31, 2003]

(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

(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:

(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 table are assigned to generic types under the procedures of paragraph (c) of this section.

(1) Type A. Organic peroxide type A is an organic peroxide which can detonate or deflagrate rapidly as packaged for transport. Transportation of type A organic peroxides is forbidden.

(2) Type B. Organic peroxide type B is an organic peroxide which, as packaged for transport, neither detonates nor deflagrates rapidly, but can undergo a thermal explosion.

(3) Type C. Organic peroxide type C is an organic peroxide which, as packaged for transport, neither detonates nor deflagrates rapidly and cannot undergo a thermal explosion.

(i) Detonates only partially, but does not deflagrate rapidly and is not affected by heat when confined;

(ii) Does not detonate, deflagrates slowly, and shows no violent effect if heated when confined; or

(iii) Does not detonate or deflagrate, and shows a medium effect when heated under confinement.

(5) Type E. Organic peroxide type E is an organic peroxide which neither detonates nor deflagrates and shows low, or no, effect when heated under confinement.

(6) Type F. Organic peroxide type F is an organic peroxide which will not detonate in a cavitated state, does not deflagrate, shows only a low, or no, effect if heated when confined, and has low, or no, explosive power.

(7) Type G. Organic peroxide type G is an organic peroxide which will not detonate in a cavitated state, will not deflagrate at all, shows no effect when heated under confinement, and shows no explosive power. A type G organic peroxide is not subject to the requirements of this subchapter for organic peroxides of Division 5.2 provided that it is thermally stable (self-accelerating decomposition temperature is 50 °C (122 °F) or higher for a 50 kg (110 pounds) package). An organic peroxide meeting all characteristics of type G except thermal stability and requiring temperature control is classed as a type F, temperature control organic peroxide.

(c) Procedure for assigning an organic peroxide to a generic type. An organic peroxide shall be assigned to a generic type based on—

(1) Its physical state (i.e., liquid or solid), in accordance with the definitions for liquid and solid in §171.8 of this subchapter;

(2) A determination as to its control temperature and emergency temperature, if any, under the provisions of §173.21(f); and

(3) Performance of the organic peroxide under the test procedures specified in the UN Manual of Tests and Criteria (IBR, see §171.7 of this subchapter), and the provisions of paragraph (d) of this section.

(d) Approvals. (1) An organic peroxide must be approved, in writing, by the Associate Administrator, before being offered for transportation or transported, including assignment of a generic type and shipping description, except for—

(i) An organic peroxide which is identified by technical name in the Organic Peroxides Table in §173.225(c);

(iii) An organic peroxide which may be shipped as a sample under the provisions of §173.225(b).

(2) A person applying for an approval must submit all relevant data concerning physical state, temperature controls, and tests results or an approval issued for the organic peroxide by the competent authority of a foreign government.

(e) Tests. The generic type for an organic peroxide shall be determined using the testing protocol from Figure 20.1(a) (Classification and Flow Chart Scheme for Organic Peroxides) from the UN Manual of Tests and Criteria (IBR, see §171.7 of this subchapter).

[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]

All Division 5.2 materials are assigned to Packing Group II in column 5 of the §172.101 table.

(a) For the purpose of this subchapter, 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 LD₅₀for acute oral toxicity of not more than 300 mg/kg.

(ii) Dermal Toxicity. A material with an LD₅₀for acute dermal toxicity of not more than 1000 mg/kg.

(iii) Inhalation Toxicity. (A) A dust or mist with an LC₅₀for 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 LC₅₀for acute toxicity on inhalation of vapors and with an LC₅₀for acute toxicity on inhalation of vapors of not more than 5000 mL/m³ ; or

(2) Is an irritating material, with properties similar to tear gas, which causes extreme irritation, especially in confined spaces.

(1) LD₅₀(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 LD₅₀value is expressed in terms of mass of test substance per mass of test animal (mg/kg).

(2) LD₅₀for 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 body mass.

(3) LC₅₀for acute toxicity on inhalation means that concentration of vapor, mist, or dust which, administered by continuous inhalation for one hour to both male and female young adult albino rats, causes death within 14 days in half of the animals tested. If the material is administered to the animals as a dust or mist, more than 90 percent of the particles available for inhalation in the test must have a diameter of 10 microns or less if it is reasonably foreseeable that such concentrations could be encountered by a human during transport. The result is expressed in mg/L of air for dusts and mists or in mL/m³ of air (parts per million) for vapors. See §173.133(b) for LC₅₀determination for mixtures and for limit tests.

(i) When provisions of this subchapter require the use of the LC₅₀for acute toxicity on inhalation of dusts and mists based on a one-hour exposure and such data is not available, the LC₅₀for acute toxicity on inhalation based on a four-hour exposure may be multiplied by four and the product substituted for the one-hour LC₅₀for acute toxicity on inhalation.

(ii) When the provisions of this subchapter require the use of the LC₅₀for acute toxicity on inhalation of vapors based on a one-hour exposure and such data is not available, the LC₅₀for acute toxicity on inhalation based on a four-hour exposure may be multiplied by two and the product substituted for the one-hour LC₅₀for acute toxicity on inhalation.

(iii) A solid substance should be tested if at least 10 percent of its total mass is likely to be dust in a respirable range, e.g. the aerodynamic diameter of that particle-fraction is 10 microns or less. A liquid substance should be tested if a mist is likely to be generated in a leakage of the transport containment. In carrying out the test both for solid and liquid substances, more than 90% (by mass) of a specimen prepared for inhalation toxicity testing must be in the respirable range as defined in this paragraph (b)(3)(iii).

(c) For purposes of classifying and assigning packing groups to mixtures possessing oral or dermal toxicity hazards according to the criteria in §173.133(a)(1), it is necessary to determine the acute LD₅₀of the mixture. If a mixture contains more than one active constituent, one of the following methods may be used to determine the oral or dermal LD₅₀of the mixture:

(1) Obtain reliable acute oral and dermal toxicity data on the actual mixture to be transported;

(2) If reliable, accurate data is not available, classify the formulation according to the most hazardous constituent of the mixture as if that constituent were present in the same concentration as the total concentration of all active constituents; or

Note to formula in paragraph (c)(3): This formula also may be used for dermal toxicities provided that this information is available on the same species for all constituents. The use of this formula does not take into account any potentiation or protective phenomena.

(d) The foregoing categories shall not apply if the Associate Administrator has determined that the physical characteristics of the material or its probable hazards to humans as shown by documented experience indicate that the material will not cause serious sickness or death.

[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, August 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]

(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:

PART 173—SHIPPERS—GENERAL REQUIREMENTS FOR SHIPMENTS AND PACKAGINGS

§ 173.1 Purpose and scope.

§ 173.2 Hazardous materials classes and index to hazard class definitions.

§ 173.2a Classification of a material having more than one hazard.

§ 173.3 Packaging and exceptions.

§ 173.4 Small quantities for highway and rail.

§ 173.4a Excepted quantities.

§ 173.4b De minimis exceptions.

§ 173.5 Agricultural operations.

§ 173.5a Oilfield service vehicles and mechanical displacement meter provers.

§ 173.5b Portable and mobile refrigeration systems.

§ 173.6 Materials of trade exceptions.

§ 173.7 Government operations and materials.

§ 173.9 Transport vehicles or freight containers containing lading which has been fumigated.

§ 173.10 Tank car shipments.

§ 173.12 Exceptions for shipment of waste materials.

§ 173.13 Exceptions for Class 3, Divisions 4.1, 4.2, 4.3, 5.1, 6.1, and Classes 8 and 9 materials.

Subpart B—Preparation of Hazardous Materials for Transportation

§ 173.21 Forbidden materials and packages.

§ 173.23 Previously authorized packaging.

§ 173.24a Additional general requirements for non-bulk packagings and packages.

§ 173.24b Additional general requirements for bulk packagings.

§ 173.25 Authorized packagings and overpacks.

§ 173.26 Quantity limitations.

§ 173.27 General requirements for transportation by aircraft.

§ 173.28 Reuse, reconditioning and remanufacture of packagings.

§ 173.30 Loading and unloading of transport vehicles.

§ 173.31 Use of tank cars.

§ 173.32 Requirements for the use of portable tanks.

§ 173.33 Hazardous materials in cargo tank motor vehicles.

§ 173.35 Hazardous materials in IBCs.

§ 173.36 xxx

§ 173.40 General packaging requirements for toxic materials packaged in cylinders.

Subpart C—Definitions, Classification and Packaging for Class 1

§ 173.51 Authorization to offer and transport explosives.

§ 173.52 Classification codes and compatibility groups of explosives.

§ 173.53 Provisions for using old classifications of explosives.

§ 173.54 Forbidden explosives.

§ 173.55 [Reserved]

§ 173.56 New explosives—definition and procedures for classification and approval.

§ 173.57 Acceptance criteria for new explosives.

§ 173.58 Assignment of class and division for new explosives.

§ 173.59 Description of terms for explosives.

§ 173.60 General packaging requirements for explosives.

§ 173.61 Mixed packaging requirements.

§ 173.62 Specific packaging requirements for explosives.

§ 173.63 Packaging exceptions.

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.

§§ 173.117-173.119 [Reserved]

§ 173.120 Class 3—Definitions.

§ 173.121 Class 3—Assignment of packing group.

§ 173.124 Class 4, Divisions 4.1, 4.2 and 4.3—Definitions.

§ 173.125 Class 4—Assignment of packing group.

§ 173.127 Class 5, Division 5.1—Definition and assignment of packing groups.

§ 173.128 Class 5, Division 5.2—Definitions and types.

§ 173.129 Class 5, Division 5.2—Assignment of packing group.

§ 173.132 Class 6, Division 6.1—Definitions.

§ 173.133 Assignment of packing group and hazard zones for Division 6.1 materials.