49 CFR Ch. I (10–1–11 Edition) § 171.8

Home , Caboose, Intermodal container, Tank car

§ 171.8 49 CFR Ch. I (10–1–11 Edition)

Source and name of material 49 CFR reference

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., Washington, 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 Railroads, American Railroads Build- ing, 50 F Street, NW., Washington, DC 20001 Fetterley’s Formula (The Determination of the Relief Dimensions for Safety Valves on Containers in 173.315 which Liquefied gas is charged and when the exterior surface of the container is exposed to a temperature of 1,200 °F.). Intermodal Loading Guide for Products in Closed Trailers and Containers, issued June 2001 ...... 174.55; 174.101; 174.112; 174.115. Pamphlet 6, Illustrating Methods for Loading and Bracing Carload and Less-Than-Carload Shipments of 174.55; 174.101; Explosives and Other Dangerous Articles, 1962. 174.112; 174.115; 174.290 Pamphlet 6A (includes appendix No. 1, October 1944 and appendix 2, December 1945), Illustrating Meth- 174.101; 174.290 ods for Loading and Bracing Carload and Less-Than-Carload Shipments of Loaded Projectiles, Loaded Bombs, etc., 1943. Pamphlet 6C, Illustrating Methods for Loading and Bracing Trailers and Less-Than-Trailer Shipments of 174.55; 174.63; Explosives and Other Dangerous Articles Via Trailer-on-Flatcar (TOFC) or Container-on-Flatcar 174.101; 174.112; (COFC), 1985. 174.115 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 Compressed Gas Association, Inc., 4221 Walney Road, 5th Floor, Chantilly, Virginia 20151 CGA C–1.1, Personnel Training and Certification Guidelines for Cylinder Requalification By the Volu- 180.209 metric Expansion Method, 2004, First Edition. National Institutes of Health Bethesda, MD 20892 NIH Guidelines for Research Involving Recombinant DNA Molecules (NIH Guidelines), January 2001, Ap- 173.134 pendix 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 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 407, and DOT 412 Cy- 178.345–3 lindrical Cargo Tanks, January 2001 Edition.

[Amdt. 171–111, 55 FR 52466, Dec. 21, 1990]

EDITORIAL NOTE: For FEDERAL REGISTER citations affecting § 171.7, see the List of CFR Sec- tions Affected which appears in the Finding Aids section of the printed volume and at www.fdsys.gov

EDITORIAL NOTE: At 68 FR 19273, Apr. 18, 2003, § 171.7(a)(3) was amended by removing the entry for ‘‘TTMA TB No. 81’’ under ‘‘Truck Trailer Manufacturers Association’’. The amendment could not be incorporated because that entry does not exist.

§ 171.8 Definitions and abbreviations. Aerosol means any non-refillable receptacle containing a gas compressed, In this subchapter, liquefied or dissolved under pressure, Administrator means the Adminis- the sole purpose of which is to expel a trator, Pipeline and Hazardous Mate- nonpoisonous (other than a Division 6.1 rials Safety Administration. Packing Group III material) liquid, paste, or powder and fitted with a self-

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closing release device allowing the con- an Inspector by an Authorized Inspec- tents to be ejected by the gas. tion Agency. Aggregate lithium content means the Bag means a flexible packaging made sum of the grams of lithium content or of paper, plastic film, textiles, woven equivalent lithium content contained material or other similar materials. by the cells comprising a battery. Bar means 1 BAR = 100 kPa (14.5 psi). Agricultural product means a haz- Barge means a non-selfpropelled ves- ardous material, other than a haz- sel. ardous waste, whose end use directly Biological product. See § 173.134 of this supports the production of an agricul- subchapter. tural commodity including, but not Biological substances, Category B. See limited to a fertilizer, pesticide, soil § 173.134 of this subchapter. amendment or fuel. An agricultural Bottle means an inner packaging hav- product is limited to a material in ing a neck of relatively smaller cross Class 3, 8 or 9, Division 2.1, 2.2, 5.1, or section than the body and an opening 6.1, or an ORM-D material. capable of holding a closure for reten- Approval means a written authorization of the contents. tion, including a competent authority Bottom shell means that portion of a approval, from the Associate Adminis- tank car tank surface, excluding the trator or other designated Department head ends of the tank car tank, that official, to perform a function for lies within two feet, measured circum- which prior authorization by the Asso- ferentially, of the bottom longitudinal ciate Administrator is required under center line of the tank car tank. subchapter C of this chapter (49 CFR parts 171 through 180.) Box means a packaging with complete 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 subchapter. other suitable material. Holes appropriate 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- tion. hibited in this subchapter. Atmospheric gases means air, nitro- Break-bulk means packages of haz- gen, oxygen, argon, krypton, neon and ardous materials that are handled indi- xenon. vidually, palletized, or unitized for purposes of transportation as opposed to Authorized Inspection Agency means: (1) A jurisdiction which has adopted bulk and containerized freight. and administers one or more sections Btu means British thermal unit. of the ASME Boiler and Pressure Ves- Bulk packaging means a packaging, sel Code as a legal requirement and has other than a vessel or a barge, includ- a representative serving as a member ing a transport vehicle or freight con- of the ASME Conference Committee; or tainer, in which hazardous materials (2) an insurance company which has are loaded with no intermediate form been licensed or registered by the ap- of containment. A Large Packaging in propriate authority of a State of the which hazardous materials are loaded United States or a Province of Canada with an intermediate form of contain- to underwrite boiler and pressure ves- ment, such as one or more articles or sel insurance in such State or Prov- inner packagings, is also a bulk pack- ince. aging. Additionally, a bulk packaging Authorized Inspector means an Inspec- has: * * * tor who is currently commissioned by (1) A maximum capacity greater than the National Board of Boiler and Pres- 450 L (119 gallons) as a receptacle for a sure Vessel Inspectors and employed as liquid;

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(2) A maximum net mass greater being removed from the motor vehicle; than 400 kg (882 pounds) and a max- and imum capacity greater than 450 L (119 (3) Is not fabricated under a speci- gallons) as a receptacle for a solid; or fication for cylinders, intermediate (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. 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 Class 4. See § 173.124 of this sub- area as an extension of a rail line or chapter. highway over water, and does not oper- Class 5. See § 173.128 of this sub- ate in ocean, coastwise, or ferry serv- chapter. ice. Class 6. See § 173.132 of this sub- Cargo aircraft only means an aircraft chapter. that is used to transport cargo and is Class 7. See § 173.403 of this sub- not engaged in carrying passengers. chapter. For purposes of this subchapter, the Class 8. See § 173.136 of this sub- terms cargo aircraft only, cargo-only air- chapter. craft and cargo aircraft have the same Class 9. See § 173.140 of this sub- meaning. chapter. Cargo tank means a bulk packaging Closure means a device which closes that: an opening in a receptacle. (1) Is a tank intended primarily for COFC means container-on-flat-car. the carriage of liquids or gases and in- Combination packaging means a com- cludes appurtenances, reinforcements, bination of packaging, for transport fittings, and closures (for the definition purposes, consisting of one or more of a tank, see 49 CFR 178.320, 178.337–1, inner packagings secured in a non-bulk or 178.338–1, as applicable); outer packaging. It does not include a (2) Is permanently attached to or composite packaging. forms a part of a motor vehicle, or is Combustible liquid. See § 173.120 of this not permanently attached to a motor subchapter. vehicle but which, by reason of its size, Commerce means trade or transpor- construction or attachment to a motor tation in the jurisdiction of the United vehicle is loaded or unloaded without States within a single state; between a

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place in a state and a place outside of Cryogenic liquid. See § 173.115(g) of the state; that affects trade or trans- this subchapter. portation between a place in a state Cultures and stocks. See § 173.134 of and place outside of the state; or on a this subchapter. United States-registered aircraft. Cylinder means a pressure vessel de- Compatibility group letter means a des- signed for pressures higher than 40 psia ignated alphabetical letter used to cat- and having a circular cross section. It egorize different types of explosive sub- does not include a portable tank, stances and articles for purposes of multi-unit tank car tank, cargo tank, stowage and segregation. See § 173.52 of or tank car. this subchapter. Dangerous when wet material. See Competent Authority means a national § 173.124 of this subchapter. agency responsible under its national Design Certifying Engineer means a law for the control or regulation of a person registered with the Department particular aspect of the transportation in accordance with subpart F of part of hazardous materials (dangerous 107 of this chapter who has the knowl- goods). The term Appropriate Authority, edge and ability to perform stress anal- as used in the ICAO Technical Instruc- ysis of pressure vessels and otherwise tions (IBR, see § 171.7), has the same determine whether a cargo tank design meaning as Competent Authority. For and construction meets the applicable purposes of this subchapter, the Asso- DOT specification. A Design Certifying ciate Administrator is the Competent Engineer meets the knowledge and abil- Authority for the United States. ity requirements of this section by Composite packaging means a pack- meeting any one of the following re- aging consisting of an outer packaging quirements: and an inner receptacle, so constructed (1) Has an engineering degree and one that the inner receptacle and the outer year of work experience in cargo tank packaging form an integral packaging. structural or mechanical design; Once assembled it remains thereafter (2) Is currently registered as a profes- an integrated single unit; it is filled, sional engineer by appropriate author- stored, shipped and emptied as such. ity of a state of the United States or a Compressed gas. See § 173.115 of this province of Canada; or subchapter. (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 transport a hazardous material. Designated facility means a hazardous Consumer commodity means a material waste treatment, storage, or disposal that is packaged and distributed in a facility that has been designated on form intended or suitable for sale the manifest by the generator. through retail sales agencies or instru- District Commander means the Dis- mentalities for consumption by indi- trict Commander of the Coast Guard, viduals for purposes of personal care or or his authorized representative, who household use. This term also includes has jurisdiction in the particular geo- drugs and medicines. graphical area. Containership means a cargo vessel Division means a subdivision of a haz- designed and constructed to transport, ard class. within specifically designed cells, port- DOD means the U.S. Department of able tanks and freight containers Defense. which are lifted on and off with their Domestic transportation means trans- contents intact. portation between places within the Corrosive material. See § 173.136 of this United States other than through a for- subchapter. eign country. Crate means an outer packaging with DOT or Department means U.S. De- incomplete surfaces. partment of Transportation. Crewmember means a person assigned Drum means a flat-ended or convex- to perform duty in an aircraft during ended cylindrical packaging made of flight time. metal, fiberboard, plastic, plywood, or

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other suitable materials. This defini- Filling density has the following tion also includes packagings of other meanings: shapes made of metal or plastic (e.g., (1) For compressed gases in cylinders, round taper-necked packagings or pail- see § 173.304a(a)(2) table note 1. shaped packagings) but does not in- (2) For compressed gases in tank clude cylinders, jerricans, wooden bar- cars, see § 173.314(c) table note 1. rels or bulk packagings. (3) For compressed gases in cargo Elevated temperature material means a tanks and portable tanks, see material which, when offered for trans- § 173.315(a) table note 1. portation or transported in a bulk (4) For cryogenic liquids in cylinders, packaging: except hydrogen, see § 173.316(c)(1). (1) Is in a liquid phase and at a temperature at or above 100 °C (212 °F); (5) For hydrogen, cryogenic liquid in cylinders, see § 173.316(c)(3) table note 1. (2) Is in a liquid phase with a flash point at or above 38 °C (100 °F) that is (6) For cryogenic liquids in cargo intentionally heated and offered for tanks, see § 173.318(f)(1). transportation or transported at or (7) For cryogenic liquids in tank cars, above its flash point; or see § 173.319(d)(1). (3) Is in a solid phase and at a tem- Flammable gas. See § 173.115 of this perature at or above 240 °C (464 °F). subchapter. Engine means a locomotive propelled Flammable liquid. See § 173.120 of this by any form of energy and used by a subchapter. railroad. Flammable solid. See § 173.124 of this EPA means U.S. Environmental Pro- subchapter. tection Agency. Flash point. See § 173.120 of this sub- Equivalent lithium content means, for chapter. a lithium-ion cell, the product of the Freight container means a reusable rated capacity, in ampere-hours, of a container having a volume of 64 cubic lithium-ion cell times 0.3, with the re- feet or more, designed and constructed sult expressed in grams. The equivalent to permit being lifted with its contents lithium content of a battery equals the intact and intended primarily for con- sum of the grams of equivalent lithium tainment of packages (in unit form) content contained in the component during transportation. cells of the battery. Fuel cell means an electrochemical Etiologic agent. See § 173.134 of this device that converts the energy of the subchapter. chemical reaction between a fuel, such EX number means a number preceded as hydrogen or hydrogen rich gases, al- by the prefix ‘‘EX’’, assigned by the As- cohols, or hydrocarbons, and an oxi- sociate Administrator, to an item that dant, such as air or oxygen, to direct has been evaluated under the provi- sions of § 173.56 of this subchapter. current (d.c.) power, heat, and other re- Explosive. See § 173.50 of this sub- action products. chapter. Fuel cell cartridge or fuel cartridge F means degree Fahrenheit. means an article that stores fuel for Farmer means a person engaged in discharge into the fuel cell through a the production or raising of crops, valve(s) that controls the discharge of poultry, or livestock. fuel into the fuel cell. Federal hazardous material transpor- Fuel cell system means a fuel cell with tation law means 49 U.S.C. 5101 et seq. an installed fuel cell cartridge together Ferry vessel means a vessel which is with wiring, valves, and other attach- limited in its use to the carriage of ments that connect the fuel cell or car- deck passengers or vehicles or both, op- tridge to the device it powers. The fuel erates on a short run on a frequent cell or cartridge may be so constructed schedule between two points over the that it forms an integral part of the de- most direct water route, other than in vice or may be removed and connected ocean or coastwise service, and is of- manually to the device. fered as a public service of a type normally attributed to a bridge or tunnel.

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Fuel tank means a tank other than a including its mixtures and solutions, cargo tank, used to transport flam- that— mable or combustible liquid, or com- (1) Is listed in the appendix A to pressed gas for the purpose of sup- § 172.101 of this subchapter; plying fuel for propulsion of the trans- (2) Is in a quantity, in one package, port vehicle to which it is attached, or which equals or exceeds the reportable for the operation of other equipment quantity (RQ) listed in the appendix A on the transport vehicle. to § 172.101 of this subchapter; and Fumigated lading. See §§ 172.302(g) and (3) When in a mixture or solution— 173.9. (i) For radionuclides, conforms to Gas means a material which has a paragraph 7 of the appendix A to vapor pressure greater than 300 kPa § 172.101. (43.5 psia) at 50 °C (122 °F) or is com- (ii) For other than radionuclides, is pletely gaseous at 20 °C (68 °F) at a in a concentration by weight which standard pressure of 101.3 kPa (14.7 equals or exceeds the concentration psia). corresponding to the RQ of the material, as shown in the following table: Gross weight or Gross mass means the weight of a packaging plus the weight Concentration by of its contents. RQ pounds (kilograms) weight 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- The term does not include petroleum, signed to only one hazard class. including crude oil or any fraction Hazard zone means one of four levels thereof which is not otherwise specifi- of hazard (Hazard Zones A through D) cally listed or designated as a haz- assigned to gases, as specified in ardous substance in appendix A to § 173.116(a) of this subchapter, and one § 172.101 of this subchapter, and the of two levels of hazards (Hazard Zones term does not include natural gas, nat- A and B) assigned to liquids that are ural gas liquids, liquefied natural gas, poisonous by inhalation, as specified in or synthetic gas usable for fuel (or mix- § 173.133(a) of this subchapter. A hazard tures of natural gas and such synthetic zone is based on the LC50 value for gas). acute inhalation toxicity of gases and Hazardous waste, for the purposes of vapors, as specified in § 173.133(a). this chapter, means any material that Hazardous material means a substance is subject to the Hazardous Waste or material that the Secretary of Manifest Requirements of the U.S. En- Transportation has determined is capa- vironmental Protection Agency speci- ble of posing an unreasonable risk to fied in 40 CFR part 262. health, safety, and property when Hazmat means a hazardous material. transported in commerce, and has des- Hazmat employee means: (1) A person ignated as hazardous under section 5103 who is: of Federal hazardous materials trans- (i) Employed on a full-time, part portation law (49 U.S.C. 5103). The term time, or temporary basis by a hazmat includes hazardous substances, haz- employer and who in the course of such ardous wastes, marine pollutants, ele- full time, part time or temporary em- vated temperature materials, mate- ployment directly affects hazardous rials designated as hazardous in the materials transportation safety; Hazardous Materials Table (see 49 CFR (ii) Self-employed (including an 172.101), and materials that meet the owner-operator of a motor vehicle, ves- defining criteria for hazard classes and sel, or aircraft) transporting hazardous divisions in part 173 of subchapter C of materials in commerce who in the this chapter. course of such self-employment di- Hazardous substance for the purposes rectly affects hazardous materials of this subchapter, means a material, transportation safety;

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(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 (i) Loads, unloads, or handles haz- transported in commerce; or ardous materials; (iii) Designs, manufactures, fab- (ii) Designs, manufactures, fabricates, inspects, marks, maintains, re- ricates, inspects, marks, maintains, reconditions, repairs or tests a package, conditions, repairs, or tests a package, container, or packaging component container or packaging component that is represented, marked, certified, that is represented, marked, certified, or sold by that person as qualified for or sold as qualified for use in trans- use in transporting hazardous mate- porting hazardous material in com- rials in commerce. merce. Hermetically sealed means closed by (iii) Prepares hazardous materials for fusion, gasketing, crimping, or equiva- transportation; lent means so that no gas or vapor can (iv) Is responsible for safety of trans- enter or escape. porting hazardous materials; Household waste means any solid (v) Operates a vehicle used to trans- waste (including garbage, trash, and port hazardous materials. sanitary waste from septic tanks) de- Hazmat employer means: rived from households (including single (1) A person who employs or uses at and multiple residences, hotels and least one hazmat employee on a full- motels, bunkhouses, ranger stations, time, part time, or temporary basis; crew quarters, campgrounds, picnic and who: grounds, and day-use recreation areas). (i) Transports hazardous materials in This term is not applicable to consoli- commerce; dated shipments of household haz- (ii) Causes hazardous materials to be ardous materials transported from col- transported in commerce; or lection centers. A collection center is a (iii) Designs, manufactures, fab- central location where household waste ricates, inspects, marks, maintains, re- is collected. conditions, repairs or tests a package, HMR means the Hazardous Materials container, or packaging component Regulations, Parts 171 through 180 of that is represented, marked, certified, this chapter. or sold by that person as qualified for IAEA means International Atomic use in transporting hazardous mate- Energy Agency. rials in commerce; IATA means International Air Trans- (2) A person who is self-employed (in- port Association. cluding an owner-operator of a motor ICAO means International Civil Avia- vehicle, vessel, or aircraft) trans- tion Organization. porting materials in commerce; and IMO means International Maritime who: Organization. (i) Transports hazardous materials in Incorporated by reference or IBR commerce; means a publication or a portion of a (ii) Causes hazardous materials to be publication that is made a part of the transported in commerce; or regulations of this subchapter. See (iii) Designs, manufactures, fab- § 171.7. ricates, inspects, marks, maintains, re- Infectious substance (etiologic agent). conditions, repairs or tests a package, See § 173.134 of this subchapter. container, or packaging component Inner packaging means a packaging that is represented, marked, certified, for which an outer packaging is re- or sold by that person as qualified for quired for transport. It does not in- use in transporting hazardous mate- clude the inner receptacle of a com- rials in commerce; or posite packaging.

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Inner receptacle means a receptacle Limited quantity, when specified as which requires an outer packaging in such in a section applicable to a par- order to perform its containment func- ticular material, means the maximum tion. The inner receptacle may be an amount of a hazardous material for inner packaging of a combination which there is a specific labeling or packaging or the inner receptacle of a packaging exception. composite packaging. Lighter means a mechanically oper- Intermediate bulk container or IBC ated flame-producing device employing means a rigid or flexible portable pack- an ignition device and containing a aging, other than a cylinder or port- Class 3 or a Division 2.1 material. For able tank, which is designed for me- design, capacity, and filling density re- chanical handling. Standards for IBCs quirements for lighters containing a manufactured in the United States are Division 2.1 material, see § 173.308. set forth in subparts N and O of part Lighter refill means a pressurized con- 178 of this subchapter. tainer that does not contain an igni- Intermediate packaging means a pack- tion device but does contain a release aging which encloses an inner pack- device and is intended for use as a re- aging or article and is itself enclosed in placement cartridge in a lighter or to an outer packaging. refill a lighter with a Division 2.1 flam- Intermodal container means a freight mable gas fuel. For capacity limits, see container designed and constructed to § 173.306(h) of this subchapter. permit it to be used interchangeably in Liquid means a material, other than two or more modes of transport. an elevated temperature material, with Intermodal portable tank or IM portable a melting point or initial melting point tank means a specific class of portable of 20 °C (68 °F) or lower at a standard tanks designed primarily for inter- pressure of 101.3 kPa (14.7 psia). A vis- national intermodal use. cous material for which a specific International transportation means melting point cannot be determined transportation— must be subjected to the procedures (1) Between any place in the United specified in ASTM D 4359 ‘‘Standard States and any place in a foreign coun- Test Method for Determining Whether try; a Material is Liquid or Solid’’ (IBR, see (2) Between places in the United § 171.7). States through a foreign country; or Liquid phase means a material that (3) Between places in one or more for- meets the definition of liquid when eign countries through the United evaluated at the higher of the tempera- States. ture at which it is offered for transpor- Irritating material. See § 173.132(a)(2) of tation or at which it is transported, this subchapter. not at the 38 °C (100 °F) temperature Jerrican means a metal or plastic specified in ASTM D 4359 (IBR, see packaging of rectangular or polygonal § 171.7). cross-section. Lithium content means the mass of Large packaging means a packaging lithium in the anode of a lithium metal that— or lithium alloy cell. The lithium con- (1) Consists of an outer packaging tent of a battery equals the sum of the that contains articles or inner pack- grams of lithium content contained in agings; the component cells of the battery. For (2) Is designated for mechanical han- a lithium-ion cell see the definition for dling; ‘‘equivalent lithium content’’. (3) Exceeds 400 kg net mass or 450 li- Loading incidental to movement means ters (118.9 gallons) capacity; loading by carrier personnel or in the (4) Has a volume of not more than 3 presence of carrier personnel of pack- cubic meters (m3) (see § 178.801(i) of this aged or containerized hazardous mate- subchapter); and rial onto a transport vehicle, aircraft, (5) Conforms to the requirements for or vessel for the purpose of trans- the construction, testing and marking porting it, including the loading, of Large Packagings as specified in blocking and bracing a hazardous ma- subparts P and Q of part 178 of this sub- terials package in a freight container chapter. or transport vehicle, and segregating a

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hazardous materials package in a assigned to Hazard Zone A or B in ac- freight container or transport vehicle cordance with § 173.133(a) of this sub- from incompatible cargo. For a bulk chapter; or packaging, loading incidental to move- (3) Any material identified as an in- ment means filling the packaging with halation hazard by a special provision a hazardous material for the purpose of in column 7 of the § 172.101 table. transporting it. Loading incidental to Maximum allowable working pressure movement includes transloading. or MAWP: For DOT specification cargo Magazine vessel means a vessel used tanks used to transport liquid haz- for the receiving, storing, or dispensing ardous materials, see § 178.320(a) of this of explosives. subchapter. Magnetic material. See § 173.21(d) of Maximum capacity means the max- this subchapter. imum inner volume of receptacles or Marine pollutant, means a material packagings. which is listed in appendix B to § 172.101 Maximum net mass means the allow- of this subchapter (also see § 171.4) and, able maximum net mass of contents in when in a solution or mixture of one or a single packaging, or as used in sub- more marine pollutants, is packaged in part M of part 178 of this subchapter, a concentration which equals or ex- the maximum combined mass of inner ceeds: packaging, and the contents thereof. (1) Ten percent by weight of the solu- Mechanical displacement meter prover tion or mixture for materials listed in means a mechanical device used in the the appendix; or oilfield service industry consisting of a (2) One percent by weight of the solu- pipe assembly that is used to calibrate tion or mixture for materials that are the accuracy and performance of me- identified as severe marine pollutants ters that measure the quantities of a in the appendix. product being pumped or transferred at Marking means a descriptive name, facilities such as drilling locations, re- identification number, instructions, fineries, tank farms, and loading racks. cautions, weight, specification, or UN Metered delivery service means a cargo marks, or combinations thereof, re- tank unloading operation conducted at quired by this subchapter on outer a metered flow rate of 378.5 L (100 gal- packagings of hazardous materials. lons) per minute or less through an at- Material of trade means a hazardous tached delivery hose with a nominal in- material, other than a hazardous side diameter of 3.175 cm (11⁄4 inches) or waste, that is carried on a motor vehi- less. cle— Metal hydride storage system means a (1) For the purpose of protecting the single complete hydrogen storage sys- health and safety of the motor vehicle tem that includes a receptacle, metal operator or passengers; hydride, pressure relief device, shut-off (2) For the purpose of supporting the valve, service equipment and internal operation or maintenance of a motor components used for the transpor- vehicle (including its auxiliary equip- tation of hydrogen only. ment); or Miscellaneous hazardous material. See (3) By a private motor carrier (in- § 173.140 of this subchapter. cluding vehicles operated by a rail car- Mixture means a material composed rier) in direct support of a principal of more than one chemical compound business that is other than transpor- or element. tation by motor vehicle. Mode means any of the following Material poisonous by inhalation or transportation methods; rail, highway, Material toxic by inhalation means: air, or water. (1) A gas meeting the defining cri- Motor vehicle includes a vehicle, ma- teria in § 173.115(c) of this subchapter chine, tractor, trailer, or semitrailer, and assigned to Hazard Zone A, B, C, or or any combination thereof, propelled D in accordance with § 173.116(a) of this or drawn by mechanical power and subchapter; used upon the highways in the trans- (2) A liquid (other than as a mist) portation of passengers or property. It meeting the defining criteria in does not include a vehicle, locomotive, § 173.132(a)(1)(iii) of this subchapter and or car operated exclusively on a rail or

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rails, or a trolley bus operated by elec- rection of the Coast Guard District tric power derived from a fixed over- Commander is in charge of a des- head wire, furnishing local passenger ignated inspection zone for the per- transportation similar to street-rail- formance of duties with respect to the way service. enforcement and administration of Movement means the physical trans- title 52, Revised Statutes, acts amend- fer of a hazardous material from one atory thereof or supplemental thereto, geographic location to another by rail rules and regulations thereunder, and car, aircraft, motor vehicle, or vessel. the inspection required thereby. Multiple-element gas container or Offshore supply vessel means a cargo MEGC means assemblies of UN cyl- vessel of less than 500 gross tons that inders, tubes, or bundles of cylinders regularly transports goods, supplies or interconnected by a manifold and as- equipment in support of exploration or sembled within a framework. The term production of offshore mineral or en- includes all service equipment and ergy resources. structural equipment necessary for the Open cryogenic receptacle means a transport of gases. transportable thermally insulated re- Name of contents means the proper ceptacle for refrigerated liquefied gases shipping name as specified in § 172.101 maintained at atmospheric pressure by of this subchapter. continuous venting of the refrigerated Navigable waters means, for the pur- gas. poses of this subchapter, waters of the Operator means a person who controls United States, including the territorial the use of an aircraft, vessel, or vehi- seas. cle. Non-bulk packaging means a pack- Organic peroxide. See § 173.128 of this aging which has: subchapter. (1) A maximum capacity of 450 L (119 ORM means other regulated mate- gallons) or less as a receptacle for a rial. See § 173.144 of this subchapter. liquid; Outage or ullage means the amount (2) A maximum net mass of 400 kg by which a packaging falls short of (882 pounds) or less and a maximum ca- being liquid full, usually expressed in pacity of 450 L (119 gallons) or less as a percent by volume. receptacle for a solid; or Outer packaging means the outermost (3) A water capacity of 454 kg (1000 enclosure of a composite or combina- pounds) or less as a receptacle for a gas tion packaging together with any ab- as defined in § 173.115 of this sub- sorbent materials, cushioning and any chapter. other components necessary to contain Nonflammable gas. See § 173.115 of this and protect inner receptacles or inner subchapter. packagings. N.O.S. means not otherwise specified. Overpack, except as provided in sub- N.O.S. description means a shipping part K of part 178 of this subchapter, description from the § 172.101 table means an enclosure that is used by a which includes the abbreviation n.o.s. single consignor to provide protection 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 pallet and secured by Occupied caboose means a rail car strapping, 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

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or contribute to the combustion of 1974, which carries more than 12 pas- other material more than air does. sengers; Oxidizing gas means a gas that may, (2) A cargo vessel documented under generally by providing oxygen, cause the laws of the United States and not or contribute to the combustion of subject to that Convention, which car- other material more than air does. Spe- ries more than 16 passengers; cifically, this means a pure gas or gas (3) A cargo vessel of any foreign na- mixture with an oxidizing power great- tion that extends reciprocal privileges er than 23.5% as determined by a meth- and is not subject to that Convention od specified in ISO 10156: or 10156–2: and which carries more than 16 pas- (IBR, see § 171.7 of this subchapter) (see sengers; and also § 173.115(k)). (4) A vessel engaged in a ferry oper- Oxygen generator (chemical) means a ation and which carries passengers. device containing chemicals that upon Person means an individual, corpora- activation release oxygen as a product tion, company, association, firm, part- of chemical reaction. nership, society, joint stock company; Package or Outside Package means a or a government, Indian Tribe, or au- packaging plus its contents. For radio- thority of a government or Tribe, that active materials, see § 173.403 of this offers a hazardous material for trans- subchapter. portation in commerce, transports a Packaging means a receptacle and hazardous material to support a com- any other components or materials mercial enterprise, or designs, manu- necessary for the receptacle to perform its containment function in conform- factures, fabricates, inspects, marks, ance with the minimum packing re- maintains, reconditions, repairs, or quirements of this subchapter. For ra- tests a package, container, or pack- dioactive materials packaging, see aging component that is represented, § 173.403 of this subchapter. marked, certified, or sold as qualified for use in transporting hazardous ma- Packing group means a grouping ac- cording to the degree of danger pre- terial in commerce. This term does not sented by hazardous materials. Pack- include the United States Postal Serv- ing Group I indicates great danger; ice or, for purposes of 49 U.S.C. 5123 and Packing Group II, medium danger; 5124, a Department, agency, or instru- Packing Group III, minor danger. See mentality of the government. § 172.101(f) of this subchapter. Person who offers or offeror means: Passenger (With respect to vessels and (1) Any person who does either or for the purposes of part 176 only) means both of the following: a person being carried on a vessel other (i) Performs, or is responsible for per- than: forming, any pre-transportation func- (1) The owner or his representative; tion required under this subchapter for (2) The operator; transportation of the hazardous mate- (3) A bona fide member of the crew rial in commerce. engaged in the business of the vessel (ii) Tenders or makes the hazardous who has contributed no consideration material available to a carrier for for his carriage and who is paid for his transportation in commerce. services; or (2) A carrier is not an offeror when it (4) A guest who has not contributed performs a function required by this any consideration directly or indi- subchapter as a condition of accept- rectly for his carriage. ance of a hazardous material for trans- Passenger-carrying aircraft means an portation in commerce (e.g., reviewing aircraft that carries any person other shipping papers, examining packages than a crewmember, company em- to ensure that they are in conformance ployee, an authorized representative of with this subchapter, or preparing the United States, or a person accom- shipping documentation for its own panying the shipment. 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.

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PHMSA means the Pipeline and Haz- (10) For each person importing a hazardous Materials Safety Administra- ardous material into the United States, tion, U.S. Department of Transpor- providing the shipper with timely and tation, Washington, DC 20590. complete information as to the HMR Placarded car means a rail car which requirements that will apply to the is placarded in accordance with the re- transportation of the material within quirements of part 172 of this sub- the United States. chapter. (11) Certifying that a hazardous ma- Poisonous gas. See § 173.115 of this sub- terial is in proper condition for trans- chapter. portation in conformance with the re- Poisonous materials. See § 173.132 of quirements of the HMR. this subchapter. (12) Loading, blocking, and bracing a Portable tank means a bulk packaging hazardous materials package in a (except a cylinder having a water ca- freight container or transport vehicle. pacity of 1000 pounds or less) designed (13) Segregating a hazardous mate- primarily to be loaded onto, or on, or rials package in a freight container or temporarily attached to a transport ve- transport vehicle from incompatible hicle or ship and equipped with skids, cargo. mountings, or accessories to facilitate (14) Selecting, providing, or affixing handling of the tank by mechanical placards for a freight container or means. It does not include a cargo transport vehicle to indicate that it tank, tank car, multi-unit tank car contains a hazardous material. tank, or trailer carrying 3AX, 3AAX, or Primary hazard means the hazard 3T cylinders. class of a material as assigned in the Preferred route or Preferred highway is § 172.101 table. a highway for shipment of highway Private track or Private siding means: route controlled quantities of radioactive (i) Track located outside of a carrier’s materials so designated by a State right-of-way, yard, or terminals where routing agency, and any Interstate the carrier does not own the rails, ties, System highway for which an alter- roadbed, or right-of-way, or native highway has not been des- (ii) Track leased by a railroad to a ignated by such State agency as pro- lessee, where the lease provides for, vided by § 397.103 of this title. and actual practice entails, exclusive Pre-transportation function means a use of that trackage by the lessee and/ function specified in the HMR that is or a general system railroad for pur- required to assure the safe transpor- pose of moving only cars shipped to or tation of a hazardous material in com- by the lessee, and where the lessor oth- merce, including— erwise exercises no control over or re- (1) Determining the hazard class of a sponsibility for the trackage or the hazardous material. cars on the trackage. (2) Selecting a hazardous materials packaging. Proper shipping name means the name (3) Filling a hazardous materials of the hazardous material shown in packaging, including a bulk packaging. Roman print (not italics) in § 172.101 of (4) Securing a closure on a filled or this subchapter. partially filled hazardous materials Psi means pounds per square inch. package or container or on a package Psia means pounds per square inch or container containing a residue of a absolute. hazardous material. Psig means pounds per square inch (5) Marking a package to indicate gauge. that it contains a hazardous material. Public vessel means a vessel owned by (6) Labeling a package to indicate and being used in the public service of that it contains a hazardous material. the United States. It does not include a (7) Preparing a shipping paper. vessel owned by the United States and (8) Providing and maintaining emer- engaged in a trade or commercial serv- gency response information. ice or a vessel under contract or char- (9) Reviewing a shipping paper to ter to the United States. verify compliance with the HMR or Pyrophoric liquid. See § 173.124(b) of international equivalents. this subchapter.

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Radioactive materials. See § 173.403 of the light of new facts. Research does this subchapter for definitions relating not include the application of existing to radioactive materials. technology to industrial endeavors. Rail car means a car designed to Residue means the hazardous mate- carry freight or non-passenger per- rial remaining in a packaging, includ- sonnel by rail, and includes a box car, ing a tank car, after its contents have flat car, gondola car, hopper car, tank been unloaded to the maximum extent car, and occupied caboose. practicable and before the packaging is Railroad means a person engaged in either refilled or cleaned of hazardous transportation by rail. material and purged to remove any Receptacle means a containment ves- hazardous vapors. sel for receiving and holding materials, Reused packaging. See § 173.28 of this including any means of closing. subchapter. U.N. Recommendations means the U.N. SADT means self-accelerated decom- Recommendations on the Transport of position temperature. See § 173.21(f) of Dangerous Goods, Model Regulations this subchapter. (IBR, see § 171.7 of this subchapter). Reconditioned packaging. See § 173.28 Salvage packaging means a special of this subchapter. packaging conforming to § 173.3 of this Registered Inspector means a person subchapter into which damaged, defec- registered with the Department in active, leaking, or non-conforming haz- cordance with subpart F of part 107 of ardous materials packages, or haz- this chapter who has the knowledge ardous materials that have spilled or and ability to determine whether a leaked, are placed for purposes of cargo tank conforms to the applicable transport for recovery or disposal. DOT specification. A Registered Inspec- SCF (standard cubic foot) means one tor meets the knowledge and ability re- cubic foot of gas measured at 60 °F. and quirements of this section by meeting 14.7 psia. any one of the following requirements: Secretary means the Secretary of (1) Has an engineering degree and one Transportation. year of work experience relating to the Self-defense spray means an aerosol or testing and inspection of cargo tanks; non-pressurized device that: (2) Has an associate degree in engi- (1) Is intended to have an irritating neering and two years of work experi- or incapacitating effect on a person or ence relating to the testing and inspec- animal; and tion of cargo tanks; (2) Meets no hazard criteria other (3) Has a high school diploma (or than for Class 9 (for example, a pepper General Equivalency Diploma) and spray; see § 173.140(a) of this sub- three years of work experience relating chapter) and, for an aerosol, Division to the testing and inspection of cargo 2.1 or 2.2 (see § 173.115 of this sub- tanks; or chapter), except that it may contain (4) Has at least three years’ experi- not more than two percent by mass of ence performing the duties of a Reg- a tear gas substance (e.g., istered Inspector prior to September 1, chloroacetophenone (CN) or 0- 1991. chlorobenzylmalonitrile (CS); see Regulated medical waste. See § 173.134 of this subchapter. § 173.132(a)(2) of this subchapter.) Remanufactured packagings. See Settled pressure means the pressure § 173.28 of this subchapter. exerted by the contents of a UN pres- Reportable quantity (RQ) for the pur- sure receptacle in thermal and diffu- poses of this subchapter means the sive equilibrium. quantity specified in column 2 of the Sharps. See § 173.134 of this sub- appendix to § 172.101 for any material chapter. identified in column 1 of the appendix. Shipping paper means a shipping Research means investigation or ex- order, bill of lading, manifest or other perimentation aimed at the discovery shipping document serving a similar of new theories or laws and the dis- purpose and prepared in accordance covery and interpretation of facts or with subpart C of part 172 of this chap- revision of accepted theories or laws in ter.

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Siftproof packaging means a pack- Storage incidental to movement means aging impermeable to dry contents, in- storage of a transport vehicle, freight cluding fine solid material produced container, or package containing a haz- during transportation. ardous material by any person between Single packaging means a non-bulk the time that a carrier takes physical packaging other than a combination possession of the hazardous material packaging. for the purpose of transporting it in Solid means a material which is not a commerce until the package con- gas or a liquid. taining the hazardous material is phys- Solution means any homogeneous liq- ically delivered to the destination indi- uid mixture of two or more chemical cated on a shipping document, package compounds or elements that will not marking, or other medium, or, in the undergo any segregation under condi- case of a private motor carrier, be- tions normal to transportation. tween the time that a motor vehicle Special permit means a document driver takes physical possession of the issued by the Associate Administrator, hazardous material for the purpose of or other designated Department offi- transporting it in commerce until the cial, 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

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strong outer packaging is subject to non-bulk packaging, or from a non- § 173.27 of this subchapter. The terms bulk packaging to a bulk packaging for ‘‘strong outside container’’ and ‘‘strong the purpose of continuing the move- outside packaging’’ are synonymous ment of the hazardous material in com- with ‘‘strong outer packaging.’’ merce. Subsidiary hazard means a hazard of a Transport vehicle means a cargo-car- material other than the primary haz- rying vehicle such as an automobile, ard. (See primary hazard). van, tractor, truck, semitrailer, tank Table in § 172.101 or § 172.101 table car or rail car used for the transpor- means the Hazardous Materials Table tation of cargo by any mode. Each in § 172.101 of this subchapter. cargo-carrying body (trailer, rail car, Technical name means a recognized etc.) is a separate transport vehicle. chemical name or microbiological Transportation or transport means the name currently used in scientific and movement of property and loading, un- technical handbooks, journals, and loading, or storage incidental to that texts. Generic descriptions are authorized for use as technical names pro- movement. vided they readily identify the general UFC means Uniform Freight Classi- chemical group, or microbiological fication. group. Examples of acceptable generic UN means United Nations. chemical descriptions are organic phos- UN cylinder means a transportable phate compounds, petroleum aliphatic pressure receptacle with a water capac- hydrocarbons and tertiary amines. For ity not exceeding 150 L that has been proficiency testing only, generic marked and certified as conforming to microbiological descriptions such as the applicable requirements in part 178 bacteria, mycobacteria, fungus, and of this subchapter. viral samples may be used. Except for UN portable tank means an inter- names which appear in subpart B of modal tank having a capacity of more part 172 of this subchapter, trade than 450 liters (118.9 gallons). It in- names may not be used as technical cludes a shell fitted with service equip- names. ment and structural equipment, includ- TOFC means trailer-on-flat-car. ing stabilizing members external to the Top shell means the tank car tank shell and skids, mountings or acces- surface, excluding the head ends and sories to facilitate mechanical han- bottom shell of the tank car tank. dling. A UN portable tank must be ca- Toxin. See § 173.134 of this subchapter. pable of being filled and discharged Trailership means a vessel, other than without the removal of its structural a carfloat, specifically equipped to equipment and must be capable of carry motor transport vehicles and being lifted when full. Cargo tanks, rail fitted with installed securing devices tank car tanks, non-metallic tanks, to tie down each vehicle. The term non-specification tanks, bulk bins, and trailership includes Roll-on/Roll-off (RO/ IBCs and packagings made to cylinder RO) vessels. specifications are not UN portable Train means one or more engines cou- tanks. pled with one or more rail cars, except UN pressure receptacle means a UN during switching operations or where cylinder or tube. the operation is that of classifying and assembling rail cars within a railroad UN Recommendations means the UN yard for the purpose of making or Recommendations on the Transport of breaking up trains. Dangerous Goods (IBR, see § 171.7). Trainship means a vessel other than a UN standard packaging means a pack- rail car ferry or carfloat, specifically aging conforming to standards in the equipped to transport railroad vehicles, UN Recommendations (IBR, see § 171.7). and fitted with installed securing de- UN tube means a seamless transport- vices to tie down each vehicle. able pressure receptacle with a water Transloading means the transfer of a capacity exceeding 150 L but not more hazardous material by any person from than 3,000 L that has been marked and one bulk packaging to another bulk certified as conforming to the require- packaging, from a bulk packaging to a ments in part 178 of this subchapter.

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Undeclared hazardous material means ing the unloading operation. a hazardous material that is: (1) Sub- (Emptying a hazardous material from a ject to any of the hazard communica- bulk packaging while the packaging is tion requirements in subparts C (Ship- on board a vessel is subject to separate ping Papers), D (Marking), E (Label- regulations as delegated by Depart- ing), and F (Placarding) of Part 172 of ment of Homeland Security Delegation this subchapter, or an alternative No. 0170.1 at 2(103).) Unloading inci- marking requirement in Part 173 of dental to movement includes this subchapter (such as §§ 173.4(a)(10) transloading. and 173.6(c)); and (2) offered for trans- Vessel includes every description of portation in commerce without any watercraft, used or capable of being visible indication to the person accept- used as a means of transportation on ing the hazardous material for trans- the water. portation that a hazardous material is Viscous liquid means a liquid material present, on either an accompanying which has a measured viscosity in ex- shipping document, or the outside of a cess of 2500 centistokes at 25 °C. (77 °F.) transport vehicle, freight container, or when determined in accordance with package. the procedures specified in ASTM Unintentional release means the es- Method D 445–72 ‘‘Kinematic Viscosity cape of a hazardous material from a of Transparent and Opaque Liquids package on an occasion not anticipated (and the Calculation of Dynamic Vis- or planned. This includes releases re- cosity)’’ or ASTM Method D 1200–70 sulting from collision, package fail- ‘‘Viscosity of Paints, Varnishes, and ures, human error, criminal activity, Lacquers by Ford Viscosity Cup.’’ negligence, improper packing, or un- Volatility refers to the relative rate of usual conditions such as the operation evaporation of materials to assume the of pressure relief devices as a result of vapor state. over-pressurization, overfill or fire ex- Water reactive material. See § 173.124(c) posure. It does not include releases, of this subchapter. such as venting of packages, where al- Water resistant means having a degree lowed, and the operational discharge of of resistance to permeability by and contents from packages. damage caused by water in liquid form. Unit load device means any type of Wooden barrel means a packaging freight container, aircraft container, made of natural wood, of round cross- aircraft pallet with a net, or aircraft section, having convex walls, con- pallet with a net over an igloo. sisting of staves and heads and fitted United States means a State of the with hoops. United States, the District of Colum- Working pressure for purposes of UN bia, the Commonwealth of Puerto Rico, pressure receptacles, means the settled the Commonwealth of the Northern pressure of a compressed gas at a ref- Mariana Islands, the Virgin Islands, erence temperature of 15 °C (59 °F). American Samoa, Guam, or any other W.T. means watertight. territory or possession of the United States designated by the Secretary. [Amdt. 171–32, 41 FR 15994, Apr. 15, 1976] Unloading incidental to movement EDITORIAL NOTE: For FEDERAL REGISTER ci- means removing a packaged or con- tations affecting § 171.8, see the List of CFR tainerized hazardous material from a Sections Affected which appears in the Find- transport vehicle, aircraft, or vessel, or ing Aids section of the printed volume and at for a bulk packaging, emptying a haz- www.fdsys.gov. ardous material from the bulk packaging after the hazardous material has § 171.9 Rules of construction. been delivered to the consignee when (a) In this subchapter, unless the con- performed by carrier personnel or in text requires otherwise: the presence of carrier personnel or, in (1) Words imparting the singular in- the case of a private motor carrier, clude the plural; while the driver of the motor vehicle (2) Words imparting the plural in- from which the hazardous material is clude the singular; and being unloaded immediately after (3) Words imparting the masculine movement is completed is present dur- gender include the feminine;

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