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Subchapter C—Hazardous Materials Regu Lations INFORMATION GPO SUBCHAPTER C—HAZARDOUS MATERIALS REGU LATIONS PART 171—GENERAL INFORMA U.S.C. 2461 note); Pub. L. 104—134 section TION, REGULATIONS, AND DEFI 31001. NITIONS EDITORIAL NOTE: Nomenclature changes to part 171 appear at 70 FR 56090, Sept. 23, 2005. Sec. Subpart A—Applicability, General Subpart A—Applicability, General Require Requirements, and North ments, and North American Shipments American Shipments 171.1 Applicability of Hazardous Materials Regulations (HMR) to persons and func § 171.1 Applicability of Hazardous Ma tions. terials Regulations (HMR) to per 171.2 General requirements. sons and functions. 171.3 Hazardous waste. Federal hazardous materials trans 171.4 Marine pollutants. portation law (49 U.S.C. 5101 et di 171.6 Control numbers under the Paperwork seq.) Reduction Act. rects the Secretary of Transportation 171.7 Reference material. to establish regulations for the safe 171.8 Definitions and abbreviations. and secure transportation of hazardous 171.9 Rules of construction. materials in commerce, as the Sec 171.10 Units of measure. retary considers appropriate. The Sec 171.11 [Reserved] retary is authorized to apply these reg 171.12 North American Shipments. ulations to persons who transport haz 171.12a [Reserved] ardous materials in commerce. In addi 171.14 Transitional provisions for imple tion, the law menting certain requirements. authorizes the Secretary to apply these regulations to persons Subpart B—Incident Reporting, Notification, who cause hazardous materials to be BOE Approvals and Authorization transported in commerce. The law also authorizes the Secretary to apply these 171.15 Immediate notice of certain haz regulations to persons who manufac ardous materials incidents. ture or maintain a packaging or a com 171.16 Detailed hazardous materials inci ponent of a packaging that is rep dent reports. 171.17—171.18 [Reserved] resented, marked, certified, or sold as 171.19 Approvals or authorizations issued by qualified for use in the transportation the Bureau of Explosives. of a hazardous material in commerce. 171.20 Submission of Examination Reports. Federal hazardous material transpor 171.21 Assistance in investigations and spe tation law also applies to anyone who cial studies. indicates by marking or other means that a hazardous material being trans Subpart C—Authorization and Require ported in commerce is present in a ments for the Use of International package or transport conveyance when Transport Standards and Regulations it is not, and to anyone who tampers 171.22 Authorization and conditions for the with a package or transport convey use of international standards and regu ance used to transport hazardous mate lations. rials in commerce or a required mark 171.23 Requirements for specific materials ing, label, placard, or shipping descrip and packagings transported under the tion. Regulations prescribed in accord ICAO Technical Instructions, IMDG ance with Federal hazardous materials Code, Transport Canada TDG Regula tions, or the IAEA Regulations. transportation law shall govern safety 171.24 Additional requirements for the use aspects, including security, of the of the ICAO Technical Instructions. transportation of hazardous materials 171.25 Additional requirements for the use that the Secretary considers appro of the IMDG Code. priate. In 49 CFR 1.53, the Secretary 171.26 Additional requirements for the use delegated authority to issue regula of the IAEA Regulations. tions for the safe and secure transpor AUTHORITY: 49 U.S.C. 5101—5128, 44701; 49 tation of hazardous materials in com CFR 1.45 and 1.53; Pub. L. 101—410 section 4 (28 merce to the Pipeline and Hazardous 76 Pipeline and Hazardous Materials Safety Admin., DOT § 171.1 Materials Safety Administrator. The (5) Marking a package to indicate Administrator issues the Hazardous that it contains a hazardous material. Materials Regulations (HMR; 49 CFR (6) Labeling a package to indicate Parts 171 through 180) under that dele that it contains a hazardous material. gated authority. This section addresses (7) Preparing a shipping paper. the applicability of the HMR to pack (8) Providing and maintaining emer agings represented as qualified for use gency response information. in the transportation of hazardous ma (9) Reviewing a shipping paper to terials in commerce and to pre-trans verify compliance with the HMR or portation and transportation func international equivalents. tions. (10) For each person importing a haz (a) Packagings. Requirements in the ardous material into the United States, HMR apply to each person who manu providing with timely factures, fabricates, marks, maintains, the shipper and complete information to the HMR reconditions, repairs, or tests a pack as requirements aging or a component of a packaging that will apply to the that is represented, marked, certified, transportation of the material within or sold as qualified for use in the trans the United States. portation of a hazardous material in (11) Certifying that a hazardous ma commerce, including each person under terial is in proper condition for trans contract with any department, agency, portation in conformance with the re or instrumentality of the executive, quirements of the HMR. legislative, or judicial branch of the (12) Loading, blocking, and bracing a Federal government who manufac hazardous materials package in a tures, fabricates, marks, maintains, re freight container or transport vehicle. conditions, repairs, or tests a pack (13) Segregating a hazardous mate aging or a component of a packaging rials package in a freight container or that is represented, marked, certified, transport vehicle from incompatible or sold as qualified for use in the trans cargo. portation of a hazardous material in (14) Selecting, providing, or affixing commerce. placards for a freight container or (b) Pre-transportation functions. Re transport vehicle to indicate that it quirements in the HMR apply to each contains a hazardous material. person who offers a hazardous material (c) Transportation functions. Require for transportation in commerce, causes ments in the HMR apply to transpor a hazardous material to be transported tation of a hazardous material in com in commerce, or transports a hazardous merce and to each person who trans material in commerce and who per ports a hazardous material in com forms or is responsible for performing a merce, including each person under pre-transportation function, including contract with any department, agency, each person performing pre-transpor or instrumentality of the executive, tation functions under contract with legislative, or judicial branch of the any department, agency, or instrumen Federal government who transports a tality of the executive, legislative, or hazardous material in commerce. judicial branch of the Federal govern Transportation of a hazardous material ment. Pre-transportation functions in in commerce begins when a carrier clude, but are not limited to, the fol takes physical possession of the haz lowing: ardous material for the purpose of (1) Determining the hazard class of a transporting it and continues until the hazardous material. package containing the hazardous ma (2) Selecting a hazardous materials terial is delivered to the destination packaging. indicated on a shipping document, (3) Filling a hazardous materials package marking, or other medium, or, packaging, including a bulk packaging. in the case of a rail car, until the car (4) Securing a closure on a filled or is delivered to a private track or sid partially filled hazardous materials ing. For a private motor carrier, trans package or container or on a package portation of a hazardous material in or container containing a residue of a commerce begins when a motor vehicle hazardous material. driver takes possession of a hazardous 77 § 171.1 49 CFR Ch. I (10—1—10 Edition) material for the purpose of trans Unloading incidental to movement in porting it and continues until the driv cludes transloading. er relinquishes possession of the pack (4) Storage incidental to movement of a age containing the hazardous material hazardous material. Storage of a trans at its destination and is no longer re port vehicle, freight container, or sponsible for performing functions sub package containing a hazardous mate ject to the HMR with respect to that rial by any person between the time particular package. Transportation of that a carrier takes physical possession a hazardous material in commerce in of the hazardous material for the pur cludes the following: pose of transporting it until the pack (1) Movement. Movement of a haz age containing the hazardous material ardous material by rail car, aircraft, has been delivered to the destination motor vehicle, or vessel (except as del indicated on a shipping document, egated by Department of Homeland Se package marking, or other curity Delegation No. 0170 at 2(103)). medium, or, in the (2) Loading incidental to movement of a case of a private motor carrier, hazardous material. Loading of pack between the time that a motor vehicle aged or containerized hazardous mate driver takes physical possession of the rial onto a transport vehicle, aircraft, hazardous material for the purpose of or vessel for the purpose of trans transporting it until the driver relin porting it, including blocking and brac quishes possession of the package at its ing a hazardous materials package in a destination and is no longer respon freight container or transport vehicle, sible for performing functions subject and segregating a hazardous
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