Pipeline and Haz. Matls. Safety Admin., DOT § 171.8

TABLE 1 TO 49 CFR 171.7—MATERIALS NOT INCORPORATED BY REFERENCE—Continued

Source and name of material 49 CFR reference

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

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

§ 171.8 Definitions and abbreviations. pose of which is to expel a nonpoi- In this subchapter, sonous (other than a Division 6.1 Pack- Administrator means the Adminis- ing Group III material) liquid, paste, or trator, Pipeline and Hazardous Mate- powder and fitted with a self-closing rials Safety Administration. release device allowing the contents to Adsorbed gas. See § 173.115 of this sub- be ejected by the gas. chapter. Agricultural product means a haz- Aerosol means an article consisting of ardous material, other than a haz- any non-refillable receptacle con- ardous waste, whose end use directly taining a gas compressed, liquefied or supports the production of an agricul- dissolved under pressure, the sole pur- tural commodity including, but not

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limited to a fertilizer, pesticide, soil means a flexible packaging made amendment or fuel. An agricultural of , , textiles, woven product is limited to a material in material or other similar materials. Class 3, 8 or 9, Division 2.1, 2.2, 5.1, or Bar means 1 BAR = 100 kPa (14.5 psi). 6.1, or an ORM-D material. Barge means a non-selfpropelled ves- Aircraft battery means a battery de- sel. signed in accordance with a recognized Biological product. See § 173.134 of this aircraft battery design standard (e.g. subchapter. FAA technical standard order) that is Biological substances, Category B. See capable of meeting all aircraft air- § 173.134 of this subchapter. worthiness requirements and operating means an inner packaging hav- regulations. ing a neck of relatively smaller cross section than the body and an opening Approval means a written authoriza- capable of holding a for reten- tion, including a competent authority tion of the contents. approval, issued by the Associate Ad- Bottom shell means that portion of a ministrator, the Associate Administra- tank car tank surface, excluding the tor’s designee, or as otherwise pre- head ends of the tank car tank, that scribed in the HMR, to perform a func- lies within two feet, measured circum- tion for which prior authorization by ferentially, of the bottom longitudinal the Associate Administrator is re- center line of the tank car tank. quired under subchapter C of this chap- means a packaging with com- ter (49 CFR parts 171 through 180). plete rectangular or polygonal faces, Approved means approval issued or made of metal, wood, plywood, recon- recognized by the Department unless stituted wood, fiberboard, plastic, or otherwise specifically indicated in this other suitable material. Holes appro- subchapter. priate to the size and use of the pack- Asphyxiant gas means a gas which di- aging, for purposes such as ease of han- lutes or replaces oxygen normally in dling or opening, or to meet classifica- the atmosphere. tion requirements, are permitted as Associate Administrator means the As- long as they do not compromise the in- sociate Administrator for Hazardous tegrity of the packaging during trans- Materials Safety, Pipeline and Haz- portation, and are not otherwise pro- ardous Materials Safety Administra- hibited in this subchapter. tion. Break-bulk means packages of haz- Atmospheric gases means air, nitro- ardous materials that are handled indi- gen, oxygen, argon, krypton, neon and vidually, palletized, or unitized for pur- xenon. poses of transportation as opposed to bulk and containerized freight. Authorized Inspection Agency means: Btu means British thermal unit. (1) A jurisdiction which has adopted Bulk packaging means a packaging, and administers one or more sections other than a vessel or a barge, includ- of the ASME Boiler and Pressure Ves- ing a transport vehicle or freight con- sel Code as a legal requirement and has tainer, in which hazardous materials a representative serving as a member are loaded with no intermediate form of the ASME Conference Committee; or of containment. A Large Packaging in (2) an insurance company which has which hazardous materials are loaded been licensed or registered by the ap- with an intermediate form of contain- propriate authority of a State of the ment, such as one or more articles or United States or a Province of Canada inner packagings, is also a bulk pack- to underwrite boiler and pressure ves- aging. Additionally, a bulk packaging sel insurance in such State or Prov- has: ince. (1) A maximum capacity greater than Authorized Inspector means an Inspec- 450 L (119 gallons) as a receptacle for a tor who is currently commissioned by liquid; the National Board of Boiler and Pres- (2) A maximum net mass greater sure Vessel Inspectors and employed as than 400 kg (882 pounds) and a max- an Inspector by an Authorized Inspec- imum capacity greater than 450 L (119 tion Agency. gallons) as a receptacle for a solid; or

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(3) A water capacity greater than 454 bulk containers, multi-unit tank car kg (1000 pounds) as a receptacle for a tanks, portable tanks, or tank cars. gas as defined in § 173.115 of this sub- Cargo tank motor vehicle means a chapter. motor vehicle with one or more cargo Bundle of cylinders means assemblies tanks permanently attached to or of UN cylinders fastened together and forming an integral part of the motor interconnected by a manifold and vehicle. transported as a unit. The total water Cargo vessel means: (1) Any vessel capacity for the bundle may not exceed other than a passenger vessel; and 3,000 L, except that a bundle intended (2) Any ferry being operated under for the transport of gases in Division authority of a change of character cer- 2.3 is limited to a water capacity of tificate issued by a Coast Guard Offi- 1,000 L. Not permitted for air transport. cer-in-Charge, Marine Inspection. Bureau of Explosives means the Bu- Carrier means a person who trans- reau of Explosives (B of E) of the Asso- ports passengers or property in com- ciation of American Railroads. merce by rail car, aircraft, motor vehi- C means Celsius or Centigrade. cle, or vessel. Captain of the Port (COTP) means the CC means closed-cup. officer of the Coast Guard, under the Character of vessel means the type of command of a District Commander, so service in which the vessel is engaged designated by the Commandant for the at the time of carriage of a hazardous purpose of giving immediate direction material. to Coast Guard law enforcement activi- Class means hazard class. See hazard ties within an assigned area. As used in class. this subchapter, the term Captain of the Class 1. See § 173.50 of this subchapter. Port includes an authorized representa- Class 2. See § 173.115 of this sub- tive of the Captain of the Port. chapter. Carfloat means a vessel that operates Class 3. See § 173.120 of this sub- on a short run on an irregular basis and chapter. serves one or more points in a port See § 173.124 of this sub- area as an extension of a rail line or Class 4. chapter. highway over water, and does not oper- ate in ocean, coastwise, or ferry serv- Class 5. See § 173.128 of this sub- ice. chapter. Cargo aircraft only means an aircraft Class 6. See § 173.132 of this sub- that is used to transport cargo and is chapter. not engaged in carrying passengers. Class 7. See § 173.403 of this sub- For purposes of this subchapter, the chapter. terms cargo aircraft only, cargo-only air- Class 8. See § 173.136 of this sub- craft and cargo aircraft have the same chapter. meaning. Class 9. See § 173.140 of this sub- Cargo tank means a bulk packaging chapter. that: Closure means a device which closes (1) Is a tank intended primarily for an opening in a receptacle. the carriage of liquids or gases and in- COFC means container-on-flat-car. cludes appurtenances, reinforcements, Combination packaging means a com- fittings, and closures (for the definition bination of packaging, for transport of a tank, see 49 CFR 178.320, 178.337–1, purposes, consisting of one or more or 178.338–1, as applicable); inner packagings secured in a non-bulk (2) Is permanently attached to or outer packaging. It does not include a forms a part of a motor vehicle, or is composite packaging. not permanently attached to a motor Combustible liquid. See § 173.120 of this vehicle but which, by reason of its size, subchapter. construction or attachment to a motor Commerce means trade or transpor- vehicle is loaded or unloaded without tation in the jurisdiction of the United being removed from the motor vehicle; States within a single state; between a and place in a state and a place outside of (3) Is not fabricated under a speci- the state; that affects trade or trans- fication for cylinders, intermediate portation between a place in a state

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and place outside of the state; or on a Cultures and stocks. See § 173.134 of United States-registered aircraft. this subchapter. Compatibility group letter means a des- Cylinder means a de- ignated alphabetical letter used to cat- signed for pressures higher than 40 psia egorize different types of explosive sub- and having a circular cross section. It stances and articles for purposes of does not include a portable tank, stowage and segregation. See § 173.52 of multi-unit tank car tank, cargo tank, this subchapter. or tank car. Competent Authority means a national Dangerous when wet material. See agency responsible under its national § 173.124 of this subchapter. law for the control or regulation of a Design Certifying Engineer means a particular aspect of the transportation person registered with the Department of hazardous materials (dangerous in accordance with subpart F of part goods). The term Appropriate Authority, 107 of this chapter who has the knowl- as used in the ICAO Technical Instruc- edge and ability to perform stress anal- tions (IBR, see § 171.7), has the same ysis of pressure vessels and otherwise meaning as Competent Authority. For determine whether a cargo tank design purposes of this subchapter, the Asso- and construction meets the applicable ciate Administrator is the Competent DOT specification. A Design Certifying Authority for the United States. Engineer meets the knowledge and abil- Composite packaging means a pack- ity requirements of this section by aging consisting of an outer packaging meeting any one of the following re- and an inner receptacle, so constructed quirements: that the inner receptacle and the outer (1) Has an engineering degree and one packaging form an integral packaging. year of work experience in cargo tank Once assembled it remains thereafter structural or mechanical design; an integrated single unit; it is filled, (2) Is currently registered as a profes- stored, shipped and emptied as such. sional engineer by appropriate author- Compressed gas. See § 173.115 of this ity of a state of the United States or a subchapter. province of Canada; or (3) Has at least three years’ experi- Consignee means the person or place ence in performing the duties of a De- shown on a shipping document, pack- sign Certifying Engineer prior to Sep- age marking, or other media as the lo- tember 1, 1991. cation to which a carrier is directed to Design life, for composite cylinders transport a hazardous material. and tubes, means the maximum life (in means a material Consumer commodity number of years) to which the cylinder that is packaged and distributed in a or is designed and approved in ac- form intended or suitable for sale cordance with the applicable standard. through sales agencies or instru- Designated facility means a hazardous mentalities for consumption by indi- waste treatment, storage, or disposal viduals for purposes of personal care or facility that has been designated on household use. This term also includes the manifest by the generator. drugs and medicines. Display pack means a package in- Container ship means a cargo vessel tended to be placed at retail locations designed and constructed to transport, which provide direct customer access within specifically designed cells, port- to consumer commodities contained able tanks and freight containers within the package when all or part of which are lifted on and off with their the outer fiberboard packaging is re- contents intact. moved. Corrosive material. See § 173.136 of this District Commander means the Dis- subchapter. trict Commander of the Coast Guard, means an outer packaging with or his authorized representative, who incomplete surfaces. has jurisdiction in the particular geo- Crewmember means a person assigned graphical area. to perform duty in an aircraft during Division means a subdivision of a haz- flight time. ard class. Cryogenic liquid. See § 173.115(g) of DOD means the U.S. Department of this subchapter. Defense.

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Domestic transportation means trans- FC number means a number preceded portation between places within the by the prefix ‘‘FC’’, assigned by a Fire- United States other than through a for- works Certification Agency to a Divi- eign country. sion 1.4G Consumer firework device DOT or Department means U.S. De- that has been certified under the provi- partment of Transportation. sions of § 173.65 of this subchapter. means a flat-ended or convex- Federal hazardous material transpor- ended cylindrical packaging made of tation law means 49 U.S.C. 5101 et seq. metal, fiberboard, plastic, plywood, or Ferry vessel means a vessel which is other suitable materials. This defini- limited in its use to the carriage of tion also includes packagings of other deck passengers or vehicles or both, op- shapes made of metal or plastic (e.g., erates on a short run on a frequent round taper-necked packagings or - schedule between two points over the shaped packagings) but does not in- most direct water route, other than in clude cylinders, jerricans, wooden bar- ocean or coastwise service, and is of- rels or bulk packagings. fered as a public service of a type nor- Electronic data interchange (EDI) mally attributed to a bridge or tunnel. means the computer-to-computer ex- Filling density has the following change of business data in standard meanings: formats. In EDI, information is orga- nized according to a specific format (1) For compressed gases in cylinders, (electronic transmission protocol) see § 173.304a(a)(2) table note 1. agreed upon by the sender and receiver (2) For compressed gases in tank of this information, and transmitted cars, see § 173.314(c) table note 1. through a computer transaction that (3) For compressed gases in cargo requires no human intervention or re- tanks and portable tanks, see typing at either end of the trans- § 173.315(a) table note 1. mission. (4) For cryogenic liquids in cylinders, Elevated temperature material means a except hydrogen, see § 173.316(c)(1). material which, when offered for trans- (5) For hydrogen, cryogenic liquid in portation or transported in a bulk cylinders, see § 173.316(c)(3) table note 1. packaging: (6) For cryogenic liquids in cargo (1) Is in a liquid phase and at a tem- tanks, see § 173.318(f)(1). perature at or above 100 °C (212 °F); (7) For cryogenic liquids in tank cars, (2) Is in a liquid phase with a flash see § 173.319(d)(1). point at or above 38 °C (100 °F) that is Flammable gas. See § 173.115 of this intentionally heated and offered for subchapter. transportation or transported at or Flammable liquid. See § 173.120 of this above its flash point; or subchapter. (3) Is in a solid phase and at a tem- Flammable solid. See § 173.124 of this perature at or above 240 °C (464 °F). subchapter. Engine means a locomotive propelled by any form of energy and used by a Flexible bulk container means a flexi- railroad. ble container with a capacity not ex- EPA means U.S. Environmental Pro- ceeding 15 cubic meters and includes tection Agency. liners and attached handling devices Etiologic agent. See § 173.134 of this and service equipment. subchapter. Flash point. See § 173.120 of this sub- EX number means a number preceded chapter. by the prefix ‘‘EX’’, assigned by the As- Freight container means a reusable sociate Administrator, to an item that container having a volume of 64 cubic has been evaluated under the provi- feet or more, designed and constructed sions of § 173.56 of this subchapter. to permit being lifted with its contents Explosive. See § 173.50 of this sub- intact and intended primarily for con- chapter. tainment of packages (in unit form) F means degree Fahrenheit. during transportation. Farmer means a person engaged in Fuel cell means an electrochemical the production or raising of crops, device that converts the energy of the poultry, or livestock. chemical reaction between a fuel, such

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as hydrogen or hydrogen rich gases, al- Transportation has determined is capa- cohols, or hydrocarbons, and an oxi- ble of posing an unreasonable risk to dant, such as air or oxygen, to direct health, safety, and property when current (d.c.) power, heat, and other re- transported in commerce, and has des- action products. ignated as hazardous under section 5103 Fuel cell cartridge or fuel cartridge of Federal hazardous materials trans- means an article that stores fuel for portation law (49 U.S.C. 5103). The term discharge into the fuel cell through a includes hazardous substances, haz- valve(s) that controls the discharge of ardous wastes, marine pollutants, ele- fuel into the fuel cell. vated temperature materials, mate- Fuel cell system means a fuel cell with rials designated as hazardous in the an installed fuel cell cartridge together Hazardous Materials Table (see 49 CFR with wiring, valves, and other attach- 172.101), and materials that meet the ments that connect the fuel cell or car- defining criteria for hazard classes and tridge to the device it powers. The fuel divisions in part 173 of this subchapter. cell or cartridge may be so constructed Hazardous substance for the purposes that it forms an integral part of the de- of this subchapter, means a material, vice or may be removed and connected including its mixtures and solutions, manually to the device. that— Fuel tank means a tank other than a (1) Is listed in the appendix A to cargo tank, used to transport flam- mable or combustible liquid, or com- § 172.101 of this subchapter; pressed gas for the purpose of sup- (2) Is in a quantity, in one package, plying fuel for propulsion of the trans- which equals or exceeds the reportable port vehicle to which it is attached, or quantity (RQ) listed in the appendix A for the operation of other equipment to § 172.101 of this subchapter; and on the transport vehicle. (3) When in a mixture or solution— Fumigated lading. See §§ 172.302(g) and (i) For radionuclides, conforms to 173.9. paragraph 7 of the appendix A to Gas means a material which has a § 172.101. vapor pressure greater than 300 kPa (ii) For other than radionuclides, is (43.5 psia) at 50 °C (122 °F) or is com- in a concentration by weight which pletely gaseous at 20 °C (68 °F) at a equals or exceeds the concentration standard pressure of 101.3 kPa (14.7 corresponding to the RQ of the mate- psia). rial, as shown in the following table: Gross weight or Gross mass means the weight of a packaging plus the weight Concentration by weight of its contents. RQ pounds (kilograms) Hazard class means the category of Percent PPM hazard assigned to a hazardous mate- 5000 (2270) ...... 10 100,000 rial under the definitional criteria of 1000 (454) ...... 2 20,000 part 173 of this subchapter and the pro- 100 (45.4) ...... 0.2 2,000 visions of the § 172.101 table. A material 10 (4.54) ...... 0.02 200 may meet the defining criteria for 1 (0.454) ...... 0.002 20 more than one hazard class but is as- signed to only one hazard class. The term does not include petroleum, Hazard zone means one of four levels including crude oil or any fraction of hazard (Hazard Zones A through D) thereof which is not otherwise specifi- assigned to gases, as specified in cally listed or designated as a haz- § 173.116(a) of this subchapter, and one ardous substance in appendix A to of two levels of hazards (Hazard Zones § 172.101 of this subchapter, and the A and B) assigned to liquids that are term does not include natural gas, nat- poisonous by inhalation, as specified in ural gas liquids, liquefied natural gas, § 173.133(a) of this subchapter. A hazard or synthetic gas usable for fuel (or mix- zone is based on the LC50 value for tures of natural gas and such synthetic acute inhalation toxicity of gases and gas). vapors, as specified in § 173.133(a). Hazardous waste, for the purposes of Hazardous material means a substance this chapter, means any material that or material that the Secretary of is subject to the Hazardous Waste

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Manifest Requirements of the U.S. En- use in transporting hazardous mate- vironmental Protection Agency speci- rials in commerce; fied in 40 CFR part 262. (2) A person who is self-employed (in- Hazmat means a hazardous material. cluding an owner-operator of a motor Hazmat employee means: (1) A person vehicle, vessel, or aircraft) trans- who is: porting materials in commerce; and (i) Employed on a full-time, part who: time, or temporary basis by a hazmat (i) Transports hazardous materials in employer and who in the course of such commerce; full time, part time or temporary em- (ii) Causes hazardous materials to be ployment directly affects hazardous transported in commerce; or materials transportation safety; (iii) Designs, manufactures, fab- (ii) Self-employed (including an ricates, inspects, marks, maintains, re- owner-operator of a motor vehicle, ves- conditions, repairs or tests a package, sel, or aircraft) transporting hazardous container, or packaging component materials in commerce who in the that is represented, marked, certified, course of such self-employment di- or sold by that person as qualified for rectly affects hazardous materials use in transporting hazardous mate- transportation safety; rials in commerce; or (iii) A railroad signalman; or (3) A department, agency, or instru- (iv) A railroad maintenance-of-way mentality of the United States Govern- employee. ment, or an authority of a State, polit- (2) This term includes an individual, ical subdivision of a State, or an Indian employed on a full time, part time, or tribe; and who: temporary basis by a hazmat employer, (i) Transports hazardous materials in or who is self-employed, who during commerce; the course of employment: (ii) Causes hazardous materials to be transported in commerce; or (i) Loads, unloads, or handles haz- (iii) Designs, manufactures, fab- ardous materials; ricates, inspects, marks, maintains, re- (ii) Designs, manufactures, fab- conditions, repairs or tests a package, ricates, inspects, marks, maintains, re- container, or packaging component conditions, repairs, or tests a package, that is represented, marked, certified, container or packaging component or sold by that person as qualified for that is represented, marked, certified, use in transporting hazardous mate- or sold as qualified for use in trans- rials in commerce. porting hazardous material in com- Hermetically sealed means closed by merce. fusion, gasketing, crimping, or equiva- (iii) Prepares hazardous materials for lent means so that no gas or vapor can transportation; enter or escape. (iv) Is responsible for safety of trans- High-hazard flammable train (HHFT) porting hazardous materials; means a single train transporting 20 or (v) Operates a vehicle used to trans- more loaded tank cars of a Class 3 port hazardous materials. flammable liquid in a continuous block Hazmat employer means: or a single train carrying 35 or more (1) A person who employs or uses at loaded tank cars of a Class 3 flammable least one hazmat employee on a full- liquid throughout the train consist. time, part time, or temporary basis; High-hazard flammable unit train and who: (HHFUT) means a single train trans- (i) Transports hazardous materials in porting 70 or more loaded tank cars commerce; containing Class 3 flammable liquid. (ii) Causes hazardous materials to be Household waste means any solid transported in commerce; or waste (including garbage, trash, and (iii) Designs, manufactures, fab- sanitary waste from septic tanks) de- ricates, inspects, marks, maintains, re- rived from households (including single conditions, repairs or tests a package, and multiple residences, hotels and container, or packaging component motels, bunkhouses, ranger stations, that is represented, marked, certified, crew quarters, campgrounds, picnic or sold by that person as qualified for grounds, and day-use recreation areas).

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This term is not applicable to consoli- (1) Between any place in the United dated shipments of household haz- States and any place in a foreign coun- ardous materials transported from col- try; lection centers. A collection center is a (2) Between places in the United central location where household waste States through a foreign country; or is collected. (3) Between places in one or more for- HMR means the Hazardous Materials eign countries through the United Regulations, parts 171 through 180 of States. this chapter. Irritating material. See § 173.132(a)(2) of IAEA means International Atomic this subchapter. Energy Agency. Jerrican means a metal or plastic IATA means International Air Trans- packaging of rectangular or polygonal port Association. cross-section. ICAO means International Civil Avia- Large packaging means a packaging tion Organization. that— IMO means International Maritime (1) Consists of an outer packaging Organization. that contains articles or inner pack- Incorporated by reference or IBR agings; means a publication or a portion of a (2) Is designated for mechanical han- publication that is made a part of the dling; regulations of this subchapter. See (3) Exceeds 400 kg net mass or 450 li- § 171.7. ters (118.9 gallons) capacity; Infectious substance (etiologic agent). (4) Has a volume of not more than 3 See § 173.134 of this subchapter. cubic meters (m3) (see § 178.801(i) of this Inner packaging means a packaging subchapter); and for which an outer packaging is re- (5) Conforms to the requirements for quired for transport. It does not in- the construction, testing and marking clude the inner receptacle of a com- of Large Packagings as specified in posite packaging. subparts P and Q of part 178 of this sub- Inner receptacle means a receptacle chapter. which requires an outer packaging in Large salvage packaging means a spe- order to perform its containment func- cial packaging into which damaged, de- tion. The inner receptacle may be an fective, leaking or non-conforming haz- inner packaging of a combination ardous materials packages, or haz- packaging or the inner receptacle of a ardous materials that have spilled or composite packaging. leaked are placed for the purpose of Intermediate bulk container or IBC transport for recovery or disposal, means a rigid or flexible portable pack- that— aging, other than a cylinder or port- (1) Is designed for mechanical han- able tank, which is designed for me- dling; and chanical handling. Standards for IBCs (2) Has a net mass greater than 400 kg manufactured in the United States are (882 pounds) or a capacity of greater set forth in subparts N and O of part than 450 L (119 gallons), but has a vol- 178 of this subchapter. ume of not more than 3 cubic meters Intermediate packaging means a pack- (106 cubic feet). aging which encloses an inner pack- Limited quantity, when specified as aging or article and is itself enclosed in such in a section applicable to a par- an outer packaging. ticular material, means the maximum means a freight amount of a hazardous material for container designed and constructed to which there is a specific labeling or permit it to be used interchangeably in packaging exception. two or more modes of transport. Lighter means a mechanically oper- Intermodal portable tank or IM portable ated flame-producing device employing tank means a specific class of portable an ignition device and containing a tanks designed primarily for inter- Class 3 or a Division 2.1 material. For national intermodal use. design, capacity, and filling density re- International transportation means quirements for lighters containing a transportation— Division 2.1 material, see § 173.308.

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Lighter refill means a pressurized con- hazardous materials package in a tainer that does not contain an igni- freight container or transport vehicle tion device but does contain a release from incompatible cargo. For a bulk device and is intended for use as a re- packaging, loading incidental to move- placement cartridge in a lighter or to ment means filling the packaging with refill a lighter with a Division 2.1 flam- a hazardous material for the purpose of mable gas fuel. For capacity limits, see transporting it. Loading incidental to § 173.306(h) of this subchapter. movement includes transloading. Liquid means a material, other than Magazine vessel means a vessel used an elevated temperature material, with for the receiving, storing, or dispensing a melting point or initial melting point of explosives. of 20 °C (68 °F) or lower at a standard Magnetic material. See § 173.21(d) of pressure of 101.3 kPa (14.7 psia). A vis- this subchapter. cous material for which a specific Marine pollutant, means a material melting point cannot be determined which is listed in appendix B to § 172.101 must be subjected to the procedures of this subchapter (also see § 171.4) and, specified in ASTM D 4359 ‘‘Standard when in a solution or mixture of one or Test Method for Determining Whether more marine pollutants, is packaged in a Material is Liquid or Solid’’ (IBR, see a concentration which equals or ex- § 171.7). ceeds: Liquid phase means a material that (1) Ten percent by weight of the solu- meets the definition of liquid when tion or mixture for materials listed in evaluated at the higher of the tempera- the appendix; or ture at which it is offered for transpor- (2) One percent by weight of the solu- tation or at which it is transported, tion or mixture for materials that are not at the 38 °C (100 °F) temperature identified as severe marine pollutants specified in ASTM D 4359 (IBR, see in the appendix. § 171.7). Marking means a descriptive name, Lithium ion cell or battery means a re- identification number, instructions, chargeable electrochemical cell or bat- cautions, weight, specification, or UN tery in which the positive and negative marks, or combinations thereof, re- electrodes are both lithium compounds quired by this subchapter on outer constructed with no metallic lithium packagings of hazardous materials. in either electrode. A lithium ion poly- Material of trade means a hazardous mer cell or battery that uses lithium material, other than a hazardous ion chemistries, as described herein, is waste, that is carried on a motor vehi- regulated as a lithium ion cell or bat- cle— tery. (1) For the purpose of protecting the Lithium metal cell or battery means an health and safety of the motor vehicle electrochemical cell or battery uti- operator or passengers; lizing lithium metal or lithium alloys (2) For the purpose of supporting the as the anode. The lithium content of a operation or maintenance of a motor lithium metal or lithium alloy cell or vehicle (including its auxiliary equip- battery is measured when the cell or ment); or battery is in an undischarged state. (3) By a private motor carrier (in- The lithium content of a lithium metal cluding vehicles operated by a rail car- or lithium alloy battery is the sum of rier) in direct support of a principal the grams of lithium content contained business that is other than transpor- in the component cells of the battery. tation by motor vehicle. Loading incidental to movement means Material poisonous by inhalation or loading by carrier personnel or in the Material toxic by inhalation means: presence of carrier personnel of pack- (1) A gas meeting the defining cri- aged or containerized hazardous mate- teria in § 173.115(c) of this subchapter rial onto a transport vehicle, aircraft, and assigned to Hazard Zone A, B, C, or or vessel for the purpose of trans- D in accordance with § 173.116(a) of this porting it, including the loading, subchapter; blocking and bracing a hazardous ma- (2) A liquid (other than as a mist) terials package in a freight container meeting the defining criteria in or transport vehicle, and segregating a § 173.132(a)(1)(iii) of this subchapter and

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assigned to Hazard Zone A or B in ac- rails, or a trolley bus operated by elec- cordance with § 173.133(a) of this sub- tric power derived from a fixed over- chapter; or head wire, furnishing local passenger (3) Any material identified as an in- transportation similar to street-rail- halation hazard by a special provision way service. in column 7 of the § 172.101 table. Movement means the physical trans- Maximum allowable working pressure fer of a hazardous material from one or MAWP: For DOT specification cargo geographic location to another by rail tanks used to transport liquid haz- car, aircraft, motor vehicle, or vessel. ardous materials, see § 178.320(a) of this Multiple-element gas container or subchapter. MEGC means assemblies of UN cyl- Maximum capacity means the max- inders, tubes, or bundles of cylinders imum inner volume of receptacles or interconnected by a manifold and as- packagings. sembled within a framework. The term Maximum net mass means the allow- includes all service equipment and able maximum net mass of contents in structural equipment necessary for the a single packaging, or as used in sub- transport of gases. part M of part 178 of this subchapter, Name of contents means the proper the maximum combined mass of inner shipping name as specified in § 172.101 packaging, and the contents thereof. of this subchapter. Mechanical displacement meter prover Navigable waters means, for the pur- means a mechanical device used in the poses of this subchapter, waters of the oilfield service industry consisting of a United States, including the territorial pipe assembly that is used to calibrate seas. the accuracy and performance of me- Neutron Radiation Detector means a ters that measure the quantities of a device that detects neutron radiation. product being pumped or transferred at In such a device, a gas may be con- facilities such as drilling locations, re- tained in a hermetically sealed elec- fineries, tank farms, and loading racks. tron tube transducer that converts Metered delivery service means a cargo neutron radiation into a measurable tank unloading operation conducted at electric signal. a metered flow rate of 378.5 L (100 gal- Non-bulk packaging means a pack- lons) per minute or less through an at- aging which has: tached delivery hose with a nominal in- (1) A maximum capacity of 450 L (119 side diameter of 3.175 cm (11⁄4 inches) or gallons) or less as a receptacle for a less. liquid; Metal hydride storage system means a single complete hydrogen storage sys- (2) A maximum net mass of 400 kg tem that includes a receptacle, metal (882 pounds) or less and a maximum ca- hydride, pressure relief device, shut-off pacity of 450 L (119 gallons) or less as a valve, service equipment and internal receptacle for a solid; components used for the transpor- (3) A water capacity of 454 kg (1000 tation of hydrogen only. pounds) or less as a receptacle for a gas Miscellaneous hazardous material. See as defined in § 173.115 of this sub- § 173.140 of this subchapter. chapter; or Mixture means a material composed (4) Regardless of the definition of of more than one chemical compound bulk packaging, a maximum net mass or element. of 400 kg (882 pounds) or less for a bag Mode means any of the following or a box conforming to the applicable transportation methods; rail, highway, requirements for specification pack- air, or water. agings, including the maximum net Motor vehicle includes a vehicle, ma- mass limitations, provided in subpart L chine, tractor, trailer, or semitrailer, of part 178 of this subchapter. or any combination thereof, propelled Nonflammable gas. See § 173.115 of this or drawn by mechanical power and subchapter. used upon the highways in the trans- N.O.S. means not otherwise specified. portation of passengers or property. It N.O.S. description means a shipping does not include a vehicle, locomotive, description from the § 172.101 table or car operated exclusively on a rail or which includes the abbreviation n.o.s.

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NPT means an American Standard or convenience in handling of a pack- taper pipe thread conforming to the re- age or to consolidate two or more quirements of NBS Handbook H–28 packages. Overpack does not include a (IBR, see § 171.7). transport vehicle, freight container, or NRC (non-reusable container) means a aircraft unit load device. Examples of packaging (container) whose reuse is overpacks are one or more packages: restricted in accordance with the pro- (1) Placed or stacked onto a load visions of § 173.28 of this subchapter. board such as a and secured by Occupied caboose means a rail car , shrink wrapping, stretch being used to transport non-passenger wrapping, or other suitable means; or personnel. (2) Placed in a protective outer pack- Officer in Charge, Marine Inspection aging such as a box or crate. means a person from the civilian or Oxidizer. See § 173.127 of this sub- military branch of the Coast Guard chapter. designated as such by the Commandant Oxidizing gas means a gas which may, and who under the supervision and di- generally by providing oxygen, cause rection of the Coast Guard District or contribute to the combustion of Commander is in charge of a des- other material more than air does. ignated inspection zone for the per- Oxidizing gas means a gas that may, formance of duties with respect to the generally by providing oxygen, cause enforcement and administration of or contribute to the combustion of title 52, Revised Statutes, acts amend- other material more than air does. Spe- atory thereof or supplemental thereto, cifically, this means a pure gas or gas rules and regulations thereunder, and mixture with an oxidizing power great- the inspection required thereby. er than 23.5% as determined by a meth- Offshore supply vessel means a cargo od specified in ISO 10156: or 10156–2: vessel of less than 500 gross tons that (IBR, see § 171.7 of this subchapter) (see regularly transports goods, supplies or also § 173.115(k)). equipment in support of exploration or Oxygen generator (chemical) means a production of offshore mineral or en- device containing chemicals that upon ergy resources. activation release oxygen as a product Open cryogenic receptacle means a of chemical reaction. transportable thermally insulated re- Package or Outside Package means a ceptacle for refrigerated liquefied gases packaging plus its contents. For radio- maintained at atmospheric pressure by active materials, see § 173.403 of this continuous venting of the refrigerated subchapter. gas. Packaging means a receptacle and Operator means a person who controls any other components or materials the use of an aircraft, vessel, or vehi- necessary for the receptacle to perform cle. its containment function in conform- Organic peroxide. See § 173.128 of this ance with the minimum packing re- subchapter. quirements of this subchapter. For ra- ORM means other regulated mate- dioactive materials packaging, see rial. See § 173.144 of this subchapter. § 173.403 of this subchapter. Outage or ullage means the amount Packing group means a grouping ac- by which a packaging falls short of cording to the degree of danger pre- being liquid full, usually expressed in sented by hazardous materials. Pack- percent by volume. ing Group I indicates great danger; Outer packaging means the outermost Packing Group II, medium danger; enclosure of a composite or combina- Packing Group III, minor danger. See tion packaging together with any ab- § 172.101(f) of this subchapter. sorbent materials, cushioning and any Passenger (With respect to vessels and other components necessary to contain for the purposes of part 176 only) means and protect inner receptacles or inner a person being carried on a vessel other packagings. than: Overpack, except as provided in sub- (1) The owner or his representative; part K of part 178 of this subchapter, (2) The operator; means an enclosure that is used by a (3) A bona fide member of the crew single consignor to provide protection engaged in the business of the vessel

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who has contributed no consideration (ii) Tenders or makes the hazardous for his carriage and who is paid for his material available to a carrier for services; or transportation in commerce. (4) A guest who has not contributed (2) A carrier is not an offeror when it any consideration directly or indi- performs a function required by this rectly for his carriage. subchapter as a condition of accept- Passenger-carrying aircraft means an ance of a hazardous material for trans- aircraft that carries any person other portation in commerce (e.g., reviewing than a crewmember, company em- shipping , examining packages ployee, an authorized representative of to ensure that they are in conformance the United States, or a person accom- with this subchapter, or preparing panying the shipment. shipping documentation for its own use) or when it transfers a hazardous Passenger vessel means— material to another carrier for contin- (1) A vessel subject to any of the re- ued transportation in commerce with- quirements of the International Con- out performing a pre-transportation vention for the Safety of Life at Sea, function. 1974, which carries more than 12 pas- PHMSA means the Pipeline and Haz- sengers; ardous Materials Safety Administra- (2) A cargo vessel documented under tion, U.S. Department of Transpor- the laws of the United States and not tation, Washington, DC 20590. subject to that Convention, which car- Placarded car means a rail car which ries more than 16 passengers; is placarded in accordance with the re- (3) A cargo vessel of any foreign na- quirements of part 172 of this sub- tion that extends reciprocal privileges chapter. and is not subject to that Convention Poisonous gas. See § 173.115 of this sub- and which carries more than 16 pas- chapter. sengers; and Poisonous materials. See § 173.132 of (4) A vessel engaged in a ferry oper- this subchapter. ation and which carries passengers. Portable tank means a bulk packaging Person means an individual, corpora- (except a cylinder having a water ca- tion, company, association, firm, part- pacity of 1000 pounds or less) designed nership, society, joint stock company; primarily to be loaded onto, or on, or or a government, Indian Tribe, or au- temporarily attached to a transport ve- thority of a government or Tribe, that hicle or ship and equipped with skids, offers a hazardous material for trans- mountings, or accessories to facilitate portation in commerce, transports a handling of the tank by mechanical hazardous material to support a com- means. It does not include a cargo mercial enterprise, or designs, manu- tank, tank car, multi-unit tank car factures, fabricates, inspects, marks, tank, or trailer carrying 3AX, 3AAX, or maintains, reconditions, repairs, or 3T cylinders. or is tests a package, container, or pack- Preferred route Preferred highway a highway for shipment of highway aging component that is represented, route controlled quantities of radioactive marked, certified, or sold as qualified materials so designated by a State for use in transporting hazardous ma- routing agency, and any Interstate terial in commerce. This term does not System highway for which an alter- include the United States Postal Serv- native highway has not been des- ice or, for purposes of 49 U.S.C. 5123 and ignated by such State agency as pro- 5124, a Department, agency, or instru- vided by § 397.103 of this title. mentality of the government. Pre-transportation function means a Person who offers or offeror means: function specified in the HMR that is (1) Any person who does either or required to assure the safe transpor- both of the following: tation of a hazardous material in com- (i) Performs, or is responsible for per- merce, including— forming, any pre-transportation func- (1) Determining the hazard class of a tion required under this subchapter for hazardous material. transportation of the hazardous mate- (2) Selecting a hazardous materials rial in commerce. packaging.

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(3) Filling a hazardous materials Roman print (not italics) in § 172.101 of packaging, including a bulk packaging. this subchapter. (4) Securing a closure on a filled or Psi means pounds per square inch. partially filled hazardous materials Psia means pounds per square inch package or container or on a package absolute. or container containing a residue of a Psig means pounds per square inch hazardous material. gauge. (5) Marking a package to indicate Public vessel means a vessel owned by that it contains a hazardous material. and being used in the public service of (6) Labeling a package to indicate the United States. It does not include a that it contains a hazardous material. vessel owned by the United States and (7) Preparing a shipping paper. engaged in a trade or commercial serv- (8) Providing and maintaining emer- ice or a vessel under contract or char- gency response information. ter to the United States. (9) Reviewing a shipping paper to Pyrophoric liquid. See § 173.124(b) of verify compliance with the HMR or this subchapter. international equivalents. Radiation detection system means an (10) For each person importing a haz- apparatus that contains radiation de- ardous material into the United States, tectors as components. providing the shipper with timely and Radioactive materials. See § 173.403 of complete information as to the HMR this subchapter for definitions relating requirements that will apply to the to radioactive materials. transportation of the material within Rail car means a car designed to the United States. carry freight or non-passenger per- (11) Certifying that a hazardous ma- sonnel by rail, and includes a box car, terial is in proper condition for trans- flat car, gondola car, hopper car, tank portation in conformance with the re- car, and occupied caboose. quirements of the HMR. (12) Loading, blocking, and bracing a Railroad means a person engaged in hazardous materials package in a transportation by rail. freight container or transport vehicle. Receptacle means a containment ves- (13) Segregating a hazardous mate- sel for receiving and holding materials, rials package in a freight container or including any means of closing. transport vehicle from incompatible U.N. Recommendations means the U.N. cargo. Recommendations on the Transport of (14) Selecting, providing, or affixing Dangerous Goods, Model Regulations placards for a freight container or (IBR, see § 171.7 of this subchapter). transport vehicle to indicate that it Reconditioned packaging. See § 173.28 contains a hazardous material. of this subchapter. Primary hazard means the hazard Registered Inspector means a person class of a material as assigned in the registered with the Department in ac- § 172.101 table. cordance with subpart F of part 107 of Private track or Private siding means: this chapter who has the knowledge (i) Track located outside of a carrier’s and ability to determine whether a right-of-way, yard, or terminals where cargo tank conforms to the applicable the carrier does not own the rails, ties, DOT specification. A Registered Inspec- roadbed, or right-of-way, or tor meets the knowledge and ability re- (ii) Track leased by a railroad to a quirements of this section by meeting lessee, where the lease provides for, any one of the following requirements: and actual practice entails, exclusive (1) Has an engineering degree and one use of that trackage by the lessee and/ year of work experience relating to the or a general system railroad for pur- testing and inspection of cargo tanks; pose of moving only cars shipped to or (2) Has an associate degree in engi- by the lessee, and where the lessor oth- neering and two years of work experi- erwise exercises no control over or re- ence relating to the testing and inspec- sponsibility for the trackage or the tion of cargo tanks; cars on the trackage. (3) Has a high school diploma (or Proper shipping name means the name General Equivalency Diploma) and of the hazardous material shown in three years of work experience relating

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to the testing and inspection of cargo this subchapter. This definition will be tanks; or effective until January 2, 2019. (4) Has at least three years’ experi- SCF (standard cubic foot) means one ence performing the duties of a Reg- cubic foot of gas measured at 60 °F. and istered Inspector prior to September 1, 14.7 psia. 1991. Secretary means the Secretary of Regulated medical waste. See § 173.134 Transportation. of this subchapter. Self-defense spray means an aerosol or Remanufactured packagings. See non-pressurized device that: § 173.28 of this subchapter. (1) Is intended to have an irritating Reportable quantity (RQ) for the pur- or incapacitating effect on a person or poses of this subchapter means the animal; and quantity specified in column 2 of the (2) Meets no hazard criteria other appendix to § 172.101 for any material than for Class 9 (for example, a pepper identified in column 1 of the appendix. spray; see § 173.140(a) of this sub- Research means investigation or ex- chapter) and, for an aerosol, Division perimentation aimed at the discovery 2.1 or 2.2 (see § 173.115 of this sub- of new theories or laws and the dis- chapter), except that it may contain covery and interpretation of facts or not more than two percent by mass of revision of accepted theories or laws in a tear gas substance (e.g., the light of new facts. Research does chloroacetophenone (CN) or 0- not include the application of existing chlorobenzylmalonitrile (CS); see technology to industrial endeavors. § 173.132(a)(2) of this subchapter.) Residue means the hazardous mate- Service life, for composite cylinders rial remaining in a packaging, includ- and tubes, means the number of years ing a tank car, after its contents have the cylinder or tube is permitted to be been unloaded to the maximum extent in service. practicable and before the packaging is Settled pressure means the pressure either refilled or cleaned of hazardous exerted by the contents of a UN pres- material and purged to remove any sure receptacle in thermal and diffu- hazardous vapors. sive equilibrium. Reused packaging. See § 173.28 of this Sharps. See § 173.134 of this sub- subchapter. chapter. Reverse means the process of Shipping paper means a shipping offering for transport or transporting order, bill of lading, manifest or other by motor vehicle goods from a retail shipping document serving a similar store for return to its manufacturer, purpose and prepared in accordance supplier, or distribution facility for the with subpart C of part 172 of this chap- purpose of capturing value (e.g., to re- ter. ceive manufacturer’s credit), recall, re- Short circuit means a direct connec- placement, , or similar rea- tion between positive and negative ter- son. This definition does not include minals of a cell or battery that pro- materials that meet the definition of a vides an abnormally low resistance hazardous waste as defined in this sec- path for current flow. tion. Siftproof packaging means a pack- SADT means self-accelerated decom- aging impermeable to dry contents, in- position temperature. See § 173.21(f) of cluding fine solid material produced this subchapter. during transportation. Salvage packaging means a special Single packaging means a non-bulk packaging conforming to § 173.3 of this packaging other than a combination subchapter into which damaged, defec- packaging. tive, leaking, or non-conforming haz- Solid means a material which is not a ardous materials packages, or haz- gas or a liquid. ardous materials that have spilled or Solution means any homogeneous liq- leaked, are placed for purposes of uid mixture of two or more chemical transport for recovery or disposal. compounds or elements that will not SAPT means self-accelerated polym- undergo any segregation under condi- erization temperature. See § 173.21(f) of tions normal to transportation.

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Special permit means a document tween the time that a motor vehicle issued by the Associate Administrator, driver takes physical possession of the the Associate Administrator’s des- hazardous material for the purpose of ignee, or as otherwise prescribed in the transporting it in commerce until the HMR, under the authority of 49 U.S.C. driver relinquishes possession of the 5117 permitting a person to perform a package at its destination and is no function that is not otherwise per- longer responsible for performing func- mitted under subchapter A or C of this tions subject to the HMR with respect chapter, or other regulations issued to that particular package. under 49 U.S.C. 5101 et seq. (e.g., Federal (1) Storage incidental to movement in- Motor Carrier Safety routing require- cludes— ments). (i) Storage at the destination shown Specification packaging means a pack- on a shipping document, including aging conforming to one of the speci- storage at a transloading facility, pro- fications or standards for packagings vided the shipping documentation iden- in part 178 or part 179 of this sub- tifies the shipment as a through-ship- chapter. ment and identifies the final destina- Spontaneously combustible material. tion or destinations of the hazardous See § 173.124(b) of this subchapter. material; and Stabilized means that the hazardous (ii) Rail cars containing hazardous material is in a condition that pre- materials that are stored on track that cludes uncontrolled reaction. This may does not meet the definition of ‘‘pri- be achieved by methods such as adding vate track or siding’’ in § 171.8, even if an inhibiting chemical, degassing the those cars have been delivered to the hazardous material to remove dis- destination shown on the shipping doc- solved oxygen and inerting the air ument. space in the package, or maintaining (2) Storage incidental to movement the hazardous material under tempera- does not include storage of a hazardous ture control. material at its final destination as State means a State of the United shown on a shipping document. States, the District of Columbia, the Stowage means the act of placing haz- Commonwealth of Puerto Rico, the ardous materials on board a vessel. Commonwealth of the Northern Mar- Strong outer packaging means the out- iana Islands, the Virgin Islands, Amer- ermost enclosure that provides protec- ican Samoa, Guam, or any other terri- tion against the unintentional release tory or possession of the United States of its contents. It is a packaging that designated by the Secretary. is sturdy, durable, and constructed so State-designated route means a pre- that it will retain its contents under ferred route selected in accordance normal conditions of transportation. In with U.S. DOT ‘‘Guidelines for Select- addition, a strong outer packaging ing Preferred Highway Routes for must meet the general packaging re- Highway Route Controlled Quantities quirements of subpart B of part 173 of of Radioactive Materials’’ or an equiv- this subchapter but need not comply alent routing analysis which ade- with the specification packaging re- quately considers overall risk to the quirements in part 178 of the sub- public. chapter. For transport by aircraft, a Storage incidental to movement means strong outer packaging is subject to storage of a transport vehicle, freight § 173.27 of this subchapter. The terms container, or package containing a haz- ‘‘strong outside container’’ and ‘‘strong ardous material by any person between outside packaging’’ are synonymous the time that a carrier takes physical with ‘‘strong outer packaging.’’ possession of the hazardous material Subsidiary hazard means a hazard of a for the purpose of transporting it in material other than the primary haz- commerce until the package con- ard. (See primary hazard). taining the hazardous material is phys- Table in § 172.101 or § 172.101 table ically delivered to the destination indi- means the Hazardous Materials Table cated on a shipping document, package in § 172.101 of this subchapter. marking, or other medium, or, in the Technical name means a recognized of a private motor carrier, be- chemical name or microbiological

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name currently used in scientific and cargo-carrying body (trailer, rail car, technical handbooks, journals, and etc.) is a separate transport vehicle. texts. Generic descriptions are author- Transportation or transport means the ized for use as technical names pro- movement of property and loading, un- vided they readily identify the general loading, or storage incidental to that chemical group, or microbiological movement. group. Examples of acceptable generic UFC means Uniform Freight Classi- chemical descriptions are organic phos- fication. phate compounds, petroleum aliphatic UN means United Nations. hydrocarbons and tertiary amines. For UN cylinder means a transportable proficiency testing only, generic pressure receptacle with a water capac- microbiological descriptions such as ity not exceeding 150 L that has been bacteria, mycobacteria, fungus, and marked and certified as conforming to viral samples may be used. Except for the applicable requirements in part 178 names which appear in subpart B of of this subchapter. part 172 of this subchapter, trade UN portable tank means an inter- names may not be used as technical modal tank having a capacity of more names. than 450 liters (118.9 gallons). It in- TOFC means trailer-on-flat-car. cludes a shell fitted with service equip- Top shell means the tank car tank ment and structural equipment, includ- surface, excluding the head ends and ing stabilizing members external to the bottom shell of the tank car tank. shell and skids, mountings or acces- Toxin. See § 173.134 of this subchapter. sories to facilitate mechanical han- Trailership means a vessel, other than dling. A UN portable tank must be ca- a carfloat, specifically equipped to pable of being filled and discharged carry motor transport vehicles and without the removal of its structural fitted with installed securing devices equipment and must be capable of to tie down each vehicle. The term being lifted when full. Cargo tanks, rail trailership includes Roll-on/Roll-off (RO/ tank car tanks, non-metallic tanks, RO) vessels. non-specification tanks, bulk bins, and Train means one or more engines cou- IBCs and packagings made to cylinder pled with one or more rail cars, except specifications are not UN portable during switching operations or where tanks. the operation is that of classifying and UN pressure receptacle means a UN assembling rail cars within a railroad cylinder or tube. yard for the purpose of making or UN Recommendations means the UN breaking up trains. Recommendations on the Transport of Train consist means a written record Dangerous Goods (IBR, see § 171.7). of the contents and location of each UN standard packaging means a pack- rail car in a train. aging conforming to standards in the Trainship means a vessel other than a UN Recommendations (IBR, see § 171.7). rail car ferry or carfloat, specifically UN tube means a transportable pres- equipped to transport railroad vehicles, sure receptacle of seamless or com- and fitted with installed securing de- posite construction having with a vices to tie down each vehicle. water capacity exceeding 150 L (39.6 Transloading means the transfer of a gallons) but not more than 3,000 L hazardous material by any person from (792.5 gallons) that has been marked one bulk packaging to another bulk and certified as conforming to the re- packaging, from a bulk packaging to a quirements in part 178 of this sub- non-bulk packaging, or from a non- chapter. bulk packaging to a bulk packaging for Undeclared hazardous material means the purpose of continuing the move- a hazardous material that is: (1) Sub- ment of the hazardous material in com- ject to any of the hazard communica- merce. tion requirements in subparts C (Ship- Transport vehicle means a cargo-car- ping Papers), D (Marking), E (- rying vehicle such as an automobile, ing), and F (Placarding) of part 172 of van, tractor, truck, semitrailer, tank this subchapter, or an alternative car or rail car used for the transpor- marking requirement in part 173 of this tation of cargo by any mode. Each subchapter (such as §§ 173.4(a)(10) and

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173.6(c)); and (2) offered for transpor- Vessel includes every description of tation in commerce without any visible watercraft, used or capable of being indication to the person accepting the used as a means of transportation on hazardous material for transportation the water. that a hazardous material is present, Viscous liquid means a liquid material on either an accompanying shipping which has a measured viscosity in ex- document, or the outside of a transport cess of 2500 centistokes at 25 °C. (77 °F.) vehicle, freight container, or package. when determined in accordance with Unintentional release means the es- the procedures specified in ASTM cape of a hazardous material from a Method D 445–72 ‘‘Kinematic Viscosity package on an occasion not anticipated of Transparent and Opaque Liquids or planned. This includes releases re- (and the Calculation of Dynamic Vis- sulting from collision, package fail- cosity)’’ or ASTM Method D 1200–70 ures, human error, criminal activity, ‘‘Viscosity of Paints, Varnishes, and negligence, improper packing, or un- Lacquers by Ford Viscosity Cup.’’ usual conditions such as the operation Volatility refers to the relative rate of of pressure relief devices as a result of evaporation of materials to assume the over-pressurization, overfill or fire ex- vapor state. posure. It does not include releases, Water reactive material. See § 173.124(c) such as venting of packages, where al- of this subchapter. lowed, and the operational discharge of Water resistant means having a degree contents from packages. of resistance to permeability by and Unit load device means any type of damage caused by water in liquid form. freight container, aircraft container, Watt-hour (Wh) means a unit of en- aircraft pallet with a net, or aircraft ergy equivalent to one watt (1 W) of pallet with a net over an igloo. work acting for one hour (1 h) of time. United States means a State of the The Watt-hour rating of a lithium ion United States, the District of Colum- cell or battery is determined by multi- bia, the Commonwealth of Puerto Rico, plying the rated capacity of a cell or the Commonwealth of the Northern battery in ampere-hours, by its nomi- Mariana Islands, the Virgin Islands, nal voltage. Therefore, Watt-hour (Wh) × American Samoa, Guam, or any other = ampere-hour (Ah) volts (V). territory or possession of the United Wooden means a packaging States designated by the Secretary. made of natural wood, of round cross- section, having convex walls, con- Unloading incidental to movement sisting of staves and heads and fitted means removing a packaged or con- with hoops. tainerized hazardous material from a Working pressure for purposes of UN transport vehicle, aircraft, or vessel, or pressure receptacles, means the settled for a bulk packaging, emptying a haz- pressure of a compressed gas at a ref- ardous material from the bulk pack- erence temperature of 15 °C (59 °F). aging after the hazardous material has W.T. means watertight. been delivered to the consignee when performed by carrier personnel or in [Amdt. 171–32, 41 FR 15994, Apr. 15, 1976] the presence of carrier personnel or, in EDITORIAL NOTE: For FEDERAL REGISTER ci- the case of a private motor carrier, tations affecting § 171.8, see the List of CFR while the driver of the motor vehicle Sections Affected, which appears in the from which the hazardous material is Finding Aids section of the printed volume being unloaded immediately after and at www.fdsys.gov. movement is completed is present dur- ing the unloading operation. § 171.9 Rules of construction. (Emptying a hazardous material from a (a) In this subchapter, unless the con- bulk packaging while the packaging is text requires otherwise: on board a vessel is subject to separate (1) Words imparting the singular in- regulations as delegated by Depart- clude the plural; ment of Homeland Security Delegation (2) Words imparting the plural in- No. 0170.1 at 2(103).) Unloading inci- clude the singular; and dental to movement includes (3) Words imparting the masculine transloading. gender include the feminine;

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