1、76 SUBCHAPTER CHAZARDOUS MATERIALS REGULATIONS PART 171GENERAL INFORMA-TION, REGULATIONS, AND DEFI-NITIONS Sec. Subpart AApplicability, General Require-ments, and North American Shipments 171.1 Applicability of Hazardous Materials Regulations (HMR) to persons and func-tions. 171.2 General requiremen
2、ts. 171.3 Hazardous waste. 171.4 Marine pollutants. 171.6 Control numbers under the Paperwork Reduction Act. 171.7 Reference material. 171.8 Definitions and abbreviations. 171.9 Rules of construction. 171.10 Units of measure. 171.11 Reserved 171.12 North American Shipments. 171.12a Reserved 171.14 T
3、ransitional provisions for imple-menting certain requirements. Subpart BIncident Reporting, Notification, BOE Approvals and Authorization 171.15 Immediate notice of certain haz-ardous materials incidents. 171.16 Detailed hazardous materials inci-dent reports. 171.17171.18 Reserved 171.19 Approvals o
4、r authorizations issued by the Bureau of Explosives. 171.20 Submission of Examination Reports. 171.21 Assistance in investigations and spe-cial studies. Subpart CAuthorization and Require-ments for the Use of International Transport Standards and Regulations 171.22 Authorization and conditions for t
5、he use of international standards and regu-lations. 171.23 Requirements for specific materials and packagings transported under the ICAO Technical Instructions, IMDG Code, Transport Canada TDG Regula-tions, or the IAEA Regulations. 171.24 Additional requirements for the use of the ICAO Technical Ins
6、tructions. 171.25 Additional requirements for the use of the IMDG Code. 171.26 Additional requirements for the use of the IAEA Regulations. AUTHORITY: 49 U.S.C. 51015128, 44701; 49 CFR 1.45 and 1.53; Pub. L. 101410 section 4 (28 U.S.C. 2461 note); Pub. L. 104134 section 31001. EDITORIAL NOTE: Nomenc
7、lature changes to part 171 appear at 70 FR 56090, Sept. 23, 2005. Subpart AApplicability, General Requirements, and North American Shipments 171.1 Applicability of Hazardous Ma-terials Regulations (HMR) to per-sons and functions. Federal hazardous materials trans-portation law (49 U.S.C. 5101 et seq
8、.) di-rects the Secretary of Transportation to establish regulations for the safe and secure transportation of hazardous materials in commerce, as the Sec-retary considers appropriate. The Sec-retary is authorized to apply these reg-ulations to persons who transport haz-ardous materials in commerce.
9、 In addi-tion, the law authorizes the Secretary to apply these regulations to persons who cause hazardous materials to be transported in commerce. The law also authorizes the Secretary to apply these regulations to persons who manufac-ture or maintain a packaging or a com-ponent of a packaging that
10、is rep-resented, marked, certified, or sold as qualified for use in the transportation of a hazardous material in commerce. Federal hazardous material transpor-tation law also applies to anyone who indicates by marking or other means that a hazardous material being trans-ported in commerce is presen
11、t in a package or transport conveyance when it is not, and to anyone who tampers with a package or transport convey-ance used to transport hazardous mate-rials in commerce or a required mark-ing, label, placard, or shipping descrip-tion. Regulations prescribed in accord-ance with Federal hazardous m
12、aterials transportation law shall govern safety aspects, including security, of the transportation of hazardous materials that the Secretary considers appro-priate. In 49 CFR 1.53, the Secretary delegated authority to issue regula-tions for the safe and secure transpor-tation of hazardous materials
13、in com-merce to the Pipeline and Hazardous VerDate Mar2010 15:30 Dec 30, 2010 Jkt 220213 PO 00000 Frm 00086 Fmt 8010 Sfmt 8010 Q:49X49220213.XXX ofr150 PsN: PC150Provided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-77 Pipeline and Hazardous Materials Safe
14、ty Admin., DOT 171.1 Materials Safety Administrator. The Administrator issues the Hazardous Materials Regulations (HMR; 49 CFR Parts 171 through 180) under that dele-gated authority. This section addresses the applicability of the HMR to pack-agings represented as qualified for use in the transporta
15、tion of hazardous ma-terials in commerce and to pre-trans-portation and transportation func-tions. (a) Packagings. Requirements in the HMR apply to each person who manu-factures, fabricates, marks, maintains, reconditions, repairs, or tests a pack-aging or a component of a packaging that is represen
16、ted, marked, certified, or sold as qualified for use in the trans-portation of a hazardous material in commerce, including each person under contract with any department, agency, or instrumentality of the executive, legislative, or judicial branch of the Federal government who manufac-tures, fabrica
17、tes, marks, maintains, re-conditions, repairs, or tests a pack-aging or a component of a packaging that is represented, marked, certified, or sold as qualified for use in the trans-portation of a hazardous material in commerce. (b) Pre-transportation functions. Re-quirements in the HMR apply to each
18、 person who offers a hazardous material for transportation in commerce, causes a hazardous material to be transported in commerce, or transports a hazardous material in commerce and who per-forms or is responsible for performing a pre-transportation function, including each person performing pre-tra
19、nspor-tation functions under contract with any department, agency, or instrumen-tality of the executive, legislative, or judicial branch of the Federal govern-ment. Pre-transportation functions in-clude, but are not limited to, the fol-lowing: (1) Determining the hazard class of a hazardous material
20、. (2) Selecting a hazardous materials packaging. (3) Filling a hazardous materials packaging, including a bulk packaging. (4) Securing a closure on a filled or partially filled hazardous materials package or container or on a package or container containing a residue of a hazardous material. (5) Mar
21、king a package to indicate that it contains a hazardous material. (6) Labeling a package to indicate that it contains a hazardous material. (7) Preparing a shipping paper. (8) Providing and maintaining emer-gency response information. (9) Reviewing a shipping paper to verify compliance with the HMR
22、or international equivalents. (10) For each person importing a haz-ardous material into the United States, providing the shipper with timely and complete information as to the HMR requirements that will apply to the transportation of the material within the United States. (11) Certifying that a haza
23、rdous ma-terial is in proper condition for trans-portation in conformance with the re-quirements of the HMR. (12) Loading, blocking, and bracing a hazardous materials package in a freight container or transport vehicle. (13) Segregating a hazardous mate-rials package in a freight container or transp
24、ort vehicle from incompatible cargo. (14) Selecting, providing, or affixing placards for a freight container or transport vehicle to indicate that it contains a hazardous material. (c) Transportation functions. Require-ments in the HMR apply to transpor-tation of a hazardous material in com-merce an
25、d to each person who trans-ports a hazardous material in com-merce, including each person under contract with any department, agency, or instrumentality of the executive, legislative, or judicial branch of the Federal government who transports a hazardous material in commerce. Transportation of a ha
26、zardous material in commerce begins when a carrier takes physical possession of the haz-ardous material for the purpose of transporting it and continues until the package containing the hazardous ma-terial is delivered to the destination indicated on a shipping document, package marking, or other me
27、dium, or, in the case of a rail car, until the car is delivered to a private track or sid-ing. For a private motor carrier, trans-portation of a hazardous material in commerce begins when a motor vehicle driver takes possession of a hazardous VerDate Mar2010 15:30 Dec 30, 2010 Jkt 220213 PO 00000 Fr
28、m 00087 Fmt 8010 Sfmt 8010 Q:49X49220213.XXX ofr150 PsN: PC150Provided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-78 49 CFR Ch. I (10110 Edition) 171.1 material for the purpose of trans-porting it and continues until the driv-er relinquishes possession o
29、f the pack-age containing the hazardous material at its destination and is no longer re-sponsible for performing functions sub-ject to the HMR with respect to that particular package. Transportation of a hazardous material in commerce in-cludes the following: (1) Movement. Movement of a haz-ardous m
30、aterial by rail car, aircraft, motor vehicle, or vessel (except as del-egated by Department of Homeland Se-curity Delegation No. 0170 at 2(103). (2) Loading incidental to movement of a hazardous material. Loading of pack-aged or containerized hazardous mate-rial onto a transport vehicle, aircraft, o
31、r vessel for the purpose of trans-porting it, including blocking and brac-ing a hazardous materials package in a freight container or transport vehicle, and segregating a hazardous materials package in a freight container or trans-port vehicle from incompatible cargo, when performed by carrier perso
32、nnel or in the presence of carrier personnel. For a bulk packaging, loading inci-dental to movement is filling the pack-aging with a hazardous material for the purpose of transporting it when performed by carrier personnel or in the presence of carrier personnel (ex-cept as delegated by Department o
33、f Homeland Security Delegation No. 0170 at 2(103), including transloading. (3) Unloading incidental to movement of a hazardous material. Removing a pack-age or containerized hazardous mate-rial from a transport vehicle, aircraft, or vessel; or for a bulk packaging, emptying a hazardous material from
34、 the bulk packaging after the hazardous material has been delivered to the con-signee when performed by carrier per-sonnel or in the presence of carrier per-sonnel or, in the case of a private motor carrier, while the driver of the motor vehicle from which the haz-ardous material is being unloaded i
35、m-mediately after movement is com-pleted is present during the unloading operation. (Emptying a hazardous ma-terial from a bulk packaging while the packaging is on board a vessel is sub-ject to separate regulations as dele-gated by Department of Homeland Se-curity Delegation No. 0170 at 2(103).) Unl
36、oading incidental to movement in-cludes transloading. (4) Storage incidental to movement of a hazardous material. Storage of a trans-port vehicle, freight container, or package containing a hazardous mate-rial by any person between the time that a carrier takes physical possession of the hazardous m
37、aterial for the pur-pose of transporting it until the pack-age containing the hazardous material has been delivered to the destination indicated on a shipping document, package marking, or other medium, or, in the case of a private motor carrier, between the time that a motor vehicle driver takes ph
38、ysical possession of the hazardous material for the purpose of transporting it until the driver relin-quishes possession of the package at its destination and is no longer respon-sible for performing functions subject to the HMR with respect to that par-ticular package. (i) Storage incidental to mov
39、ement includes (A) Storage at the destination shown on a shipping document, including storage at a transloading facility, pro-vided the original shipping documenta-tion identifies the shipment as a through-shipment and identifies the final destination or destinations of the hazardous material; and (
40、B) A rail car containing a hazardous material that is stored on track that does not meet the definition of pri-vate track or siding in 171.8, even if the car has been delivered to the des-tination shown on the shipping docu-ment. (ii) Storage incidental to movement does not include storage of a haza
41、rdous material at its final destination as shown on a shipping document. (d) Functions not subject to the require-ments of the HMR. The following are ex-amples of activities to which the HMR do not apply: (1) Storage of a freight container, transport vehicle, or package con-taining a hazardous mater
42、ial at an of-feror facility prior to a carrier taking possession of the hazardous material for movement in transportation in commerce or, for a private motor car-rier, prior to a motor vehicle driver VerDate Mar2010 15:30 Dec 30, 2010 Jkt 220213 PO 00000 Frm 00088 Fmt 8010 Sfmt 8010 Q:49X49220213.XX
43、X ofr150 PsN: PC150Provided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-79 Pipeline and Hazardous Materials Safety Admin., DOT 171.1 taking physical possession of the haz-ardous material for movement in transportation in commerce. (2) Unloading of a hazar
44、dous material from a transport vehicle or a bulk packaging performed by a person em-ployed by or working under contract to the consignee following delivery of the hazardous material by the carrier to its destination and departure from the consignees premises of the carriers personnel or, in the case
45、 of a private carrier, departure of the driver from the unloading area. (3) Storage of a freight container, transport vehicle, or package con-taining a hazardous material after its delivery by a carrier to the destination indicated on a shipping document, package marking, or other medium, or, in the
46、 case of a rail car, storage of a rail car on private track. (4) Rail and motor vehicle move-ments of a hazardous material exclu-sively within a contiguous facility boundary where public access is re-stricted, except to the extent that the movement is on or crosses a public road or is on track that
47、is part of the general railroad system of transpor-tation, unless access to the public road is restricted by signals, lights, gates, or similar controls. (5) Transportation of a hazardous ma-terial in a motor vehicle, aircraft, or vessel operated by a Federal, state, or local government employee sol
48、ely for noncommercial Federal, state, or local government purposes. (6) Transportation of a hazardous ma-terial by an individual for non-com-mercial purposes in a private motor ve-hicle, including a leased or rented motor vehicle. (7) Any matter subject to the postal laws and regulations of the Unit
49、ed States. (e) Requirements of other Federal agen-cies. Each facility at which pre-trans-portation or transportation functions are performed in accordance with the HMR may be subject to applicable standards and regulations of other Fed-eral agencies. (f) Requirements of state and local gov-ernment agencies. (1) Under 49 U.S.C. 5125, a requirement of a state, political subdivision of a state, or an Indian tribe is preempted, unless otherwise authorized by another F
