49 CFR 173.156 - Exceptions for limited quantity and ORM. | Title 49 - Transportation | Code of Federal Regulations

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§ 173.156

Exceptions for limited quantity and ORM.

(a) Exceptions for hazardous materials shipments in the following paragraphs are permitted only if this section is referenced for the specific hazardous material in the § 172.101 Table or in a packaging section in this part.

(b) Packagings for limited quantity and ORM-D are specified according to hazard class in §§ 173.150 through 173.155 and in § 173.306. In addition to other exceptions provided for limited quantity and ORM-D materials in this part:

(1) Strong outer packagings as specified in this part, marking requirements specified in subpart D of part 172 of this subchapter, and the 30 kg (66 pounds) gross weight limitation are not required for packages of limited quantity materials marked in accordance with § 172.315 of this subchapter, or, until December 31, 2013, materials classed and marked as ORM-D and described as a Consumer commodity, as defined in § 171.8 of this subchapter, when—

(i) Unitized in cages, carts, boxes or similar overpacks;

(ii) Offered for transportation or transported by:

(A) Rail;

(B) Private or contract motor carrier; or

(C) Common carrier in a vehicle under exclusive use for such service; and

(iii) Transported to or from a manufacturer, a distribution center, or a retail outlet, or transported to a disposal facility from one offeror.

(2) The 30 kg (66 pounds) gross weight limitation does not apply to packages of limited quantity materials marked in accordance with § 172.315 of this subchapter, or, until December 31, 2013, materials classed and marked as ORM-D and described as a Consumer commodity, as defined in § 171.8 of this subchapter, when offered for transportation or transported by highway or rail between a manufacturer, a distribution center, and a retail outlet provided—

(i) Inner packagings conform to the quantity limits for inner packagings specified in §§ 173.150(b), 173.152(b), 173.154(b), 173.155(b) and 173.306 (a) and (b), as appropriate;

(ii) The inner packagings are packed into corrugated fiberboard trays to prevent them from moving freely;

(iii) The trays are placed in a fiberboard box which is banded and secured to a wooden pallet by metal, fabric, or plastic straps, to form a single palletized unit;

(iv) The package conforms to the general packaging requirements of subpart B of this part;

(v) The maximum net quantity of hazardous material permitted on one palletized unit is 250 kg (550 pounds); and

(vi) The package is properly marked in accordance with § 172.315 or, until December 31, 2013, § 172.316 of this subchapter.

[76 FR 3375, Jan. 19, 2011]

Title 49 published on 2012-10-01

The following are only the Rules published in the Federal Register after the published date of Title 49.

For a complete list of all Rules, Proposed Rules, and Notices view the Rulemaking tab.

2013-03-25; vol. 78 # 57 - Monday, March 25, 2013

78 FR 17875 - Hazardous Materials: Miscellaneous Petitions for Rulemaking (RRR)

GPO FDSys XML | Text

Additional Documents

type	regulations.gov
FR Doc.	C1-2013-04197
RIN	2137-AE79
Docket No.	PHMSA-2011-0142 (HM-219)

DEPARTMENT OF TRANSPORTATION, Pipeline and Hazardous Materials Safety Administration

49 CFR Parts 172, 173, 176, 178

Summary

2013-03-11; vol. 78 # 47 - Monday, March 11, 2013

78 FR 15303 - Hazardous Materials; Miscellaneous Amendments (RRR)

GPO FDSys XML | Text

Additional Documents

type	regulations.gov
FR Doc.	2013-04198
RIN	2137-AE78
Docket No.	PHMSA-2011-0138 (HM-218G)

DEPARTMENT OF TRANSPORTATION, Pipeline and Hazardous Materials Safety Administration

Final rule.

Effective Date: This rule is effective May 10, 2013. Voluntary Compliance Date: Voluntary compliance with all amendments is authorized March 11, 2013.

49 CFR Parts 105, 171, 172, 173, 177, 178, and 180

Summary

PHMSA is amending the Hazardous Materials Regulations (HMR) to make miscellaneous amendments to update and clarify certain regulatory requirements. These amendments promote safer transportation practices, eliminate unnecessary regulatory requirements, address a petition for rulemaking, incorporate a special permit into the HMR, facilitate international commerce, and simplify the regulations. These amendments also update various entries in the Hazardous Materials Table (HMT) and corresponding special provisions, clarify the lab pack requirements for temperature-controlled materials, and require hazmat employers to make hazmat employee training records available upon request to an authorized official of the Department of Transportation (DOT) or an entity explicitly granted authority to enforce the HMR.

2013-03-07; vol. 78 # 45 - Thursday, March 7, 2013

78 FR 14702 - Hazardous Materials: Miscellaneous Petitions for Rulemaking (RRR)

GPO FDSys XML | Text

Additional Documents

type	regulations.gov
FR Doc.	2013-04197
RIN	2137-AE79
Docket No.	PHMSA-2011-0142 (HM-219)

DEPARTMENT OF TRANSPORTATION, Pipeline and Hazardous Materials Safety Administration

Final rule.

Effective Date: This rule is effective May 6, 2013. Voluntary Compliance Date: Voluntary compliance with all amendments is authorized March 7, 2013.

49 CFR Parts 172, 173, 176, and 178

Summary

PHMSA is amending the Hazardous Materials Regulations in response to petitions for rulemaking submitted by the regulated community to update, clarify, or provide relief from miscellaneous regulatory requirements. Specifically, PHMSA is amending the recordkeeping and package marking requirements for third-party labs and manufacturers to assure the traceability of packaging; removing the listing for “NA1203, Gasohol, gasoline mixed with ethyl alcohol, with not more than 10% alcohol”; harmonizing internationally and providing a limited quantity exception for Division 4.1, Self-reactive solids and Self-reactive liquids Types B through F; allowing smokeless powder classified as a Division 1.4C material to be reclassified as a Division 4.1 material; and providing greater flexibility by allowing the Dangerous Cargo Manifest to be in locations designated by the master of the vessel besides “on or near the vessel's bridge” while the vessel is in a United States port.

2013-01-07; vol. 78 # 4 - Monday, January 7, 2013

78 FR 1101 - Hazardous Materials: Harmonization With the United Nations Recommendations on the Transport of Dangerous Goods: Model Regulations, International Maritime Dangerous Goods Code, and the International Civil Aviation Organization Technical Instructions for the Safe Transport of Dangerous Goods by Air

GPO FDSys XML | Text

Additional Documents

type	regulations.gov
FR Doc.	2012-31242
RIN	2137-AE83
Docket No.	PHMSA-2009-0126 (HM-215K)

DEPARTMENT OF TRANSPORTATION, Pipeline and Hazardous Materials Safety Administration

Final rule.

Effective: January 1, 2013.

49 CFR Parts 171, 172, 173, 175, 176 and 178

Summary

This document responds to administrative appeals generated as a result of certain amendments adopted in an international harmonization final rule published on January 19, 2011. The January 19, 2011 final rule amended the Hazardous Materials Regulations (HMR) by revising, removing or adding proper shipping names, the hazard class of a material, packing group assignments, special provisions, packaging authorizations, packaging sections, air transport quantity limitations, and vessel stowage requirements. The amendments were necessary to align the HMR with recent revisions to international standards for the transport of hazardous materials by all modes. In this final rule, PHMSA amends the HMR as a result of administrative appeals submitted in response to various amendments adopted in the January 19, 2011 final rule. This document also addresses recent actions taken by the International Civil Aviation Organization's (ICAO) Dangerous Goods Panel (DGP) regarding certain lithium ion battery-powered mobility aids (e.g., wheelchairs, travel scooters) offered by passengers for air transport and passenger notification of hazardous materials restrictions by operators. Further, this final rule adopts amendments to the HMR as a result of two administrative appeals submitted by an appellant in response to a final rule published February 2, 2010, that revised shipper responsibilities related to packaging design variation, manufacturer notification, and recordkeeping requirements for certain packaging types.

78 FR 988 - Hazardous Materials: Harmonization with International Standards (RRR)

GPO FDSys XML | Text

Additional Documents

type	regulations.gov
FR Doc.	2012-31243
RIN	2137-AE87
Docket No.	s. PHMSA-2012-0027 (HM-215L)

DEPARTMENT OF TRANSPORTATION, Pipeline and Hazardous Materials Safety Administration

Final rule.

Effective Date: January 1, 2013. Voluntary compliance date: PHMSA is authorizing voluntary compliance beginning January 1, 2013. Delayed compliance date: Unless otherwise specified, compliance with the amendments adopted in this final rule is required beginning January 1, 2014. Incorporation by reference date: The incorporation by reference of certain publications listed in this rule is approved by the Director of the Federal Register as of January 1, 2013.

49 CFR Parts 171, 172, 173, 175, 176, 177, and 178

Summary

PHMSA is amending the Hazardous Materials Regulations to maintain alignment with international standards by incorporating various amendments, including changes to proper shipping names, hazard classes, packing groups, special provisions, packaging authorizations, air transport quantity limitations, and vessel stowage requirements. These revisions are necessary to harmonize the Hazardous Materials Regulations (HMR) with recent changes made to the International Maritime Dangerous Goods (IMDG) Code, the International Civil Aviation Organization's Technical Instructions for the Safe Transport of Dangerous Goods by Air (ICAO Technical Instructions), and the United Nations Recommendations on the Transport of Dangerous Goods—Model Regulations (UN Model Regulations) and address a petition for rulemaking.

2012-10-05; vol. 77 # 194 - Friday, October 5, 2012

77 FR 60935 - Hazardous Materials: Minor Editorial Corrections and Clarifications (RRR)

GPO FDSys XML | Text

Additional Documents

type	regulations.gov
FR Doc.	2012-24263
RIN	2137-AE90
Docket No.	PHMSA-2012-0080 (HM-244E)

DEPARTMENT OF TRANSPORTATION, Pipeline and Hazardous Materials Safety Administration

Final rule.

Effective: October 5, 2012. Incorporation by reference date: The incorporation by reference of certain publications listed in this rule was approved by the Director of the Federal Register as of September 11, 2006.

49 CFR Parts 107, 171, 172, 173, 175, 178, and 179

Summary

This final rule corrects editorial errors, makes minor regulatory changes and, in response to requests for clarification, improves the clarity of certain provisions in the Hazardous Materials Regulations. The intended effect of this rule is to enhance the accuracy and reduce misunderstandings of the regulations. The amendments contained in this rule are non-substantive changes and do not impose new requirements.

2012-10-02; vol. 77 # 191 - Tuesday, October 2, 2012

77 FR 60056 - Shippers—General Requirements for Shipments and Packagings

GPO FDSys XML | Text

Additional Documents

type	regulations.gov
FR Doc.	2012-24294
RIN

DEPARTMENT OF TRANSPORTATION, Pipeline and Hazardous Materials Administration

49 CFR Part 173

Summary

This is a list of United States Code sections, Statutes at Large, Public Laws, and Presidential Documents, which provide rulemaking authority for this CFR Part.

This list is taken from the Parallel Table of Authorities and Rules provided by GPO [Government Printing Office].

It is not guaranteed to be accurate or up-to-date, though we do refresh the database weekly. More limitations on accuracy are described at the GPO site.

United States Code

USC : Title 49 - TRANSPORTATION

§ 5101 - Purpose

§ 5102 - Definitions

§ 5103 - General regulatory authority

§ 5103a - Limitation on issuance of hazmat licenses

§ 5104 - Representation and tampering

§ 5105 - Transporting certain highly radioactive material

§ 5106 - Handling criteria

§ 5107 - Hazmat employee training requirements and grants

§ 5108 - Registration

§ 5109 - Motor carrier safety permits

§ 5110 - Shipping papers and disclosure

§ 5111 - Repealed.

§ 5112 - Highway routing of hazardous material

§ 5113 - Unsatisfactory safety rating

§ 5114 - Air transportation of ionizing radiation material

§ 5115 - Training curriculum for the public sector

§ 5116 - Planning and training grants, monitoring, and review

§ 5117 - Special permits and exclusions

§ 5118 - Repealed.

§ 5119 - Uniform forms and procedures

§ 5120 - International uniformity of standards and requirements

§ 5121 - Administrative

§ 5122 - Enforcement

§ 5123 - Civil penalty

§ 5124 - Criminal penalty

§ 5125 - Preemption

§ 5126 - Relationship to other laws

§ 5127 - Judicial review

§ 5128 - Authorization of appropriations

§ 44701 - General requirements

Title 49 published on 2012-10-01

The following are ALL rules, proposed rules, and notices (chronologically) published in the Federal Register relating to 49 CFR 173 after this date.

2013-03-25; vol. 78 # 57 - Monday, March 25, 2013

78 FR 17875 - Hazardous Materials: Miscellaneous Petitions for Rulemaking (RRR)

GPO FDSys XML | Text

Additional Documents

type	regulations.gov
FR Doc.	C1-2013-04197
RIN	2137-AE79
Docket No.	PHMSA-2011-0142 (HM-219)

DEPARTMENT OF TRANSPORTATION, Pipeline and Hazardous Materials Safety Administration

49 CFR Parts 172, 173, 176, 178

Summary

2013-03-11; vol. 78 # 47 - Monday, March 11, 2013

78 FR 15303 - Hazardous Materials; Miscellaneous Amendments (RRR)

GPO FDSys XML | Text

Additional Documents

type	regulations.gov
FR Doc.	2013-04198
RIN	2137-AE78
Docket No.	PHMSA-2011-0138 (HM-218G)

DEPARTMENT OF TRANSPORTATION, Pipeline and Hazardous Materials Safety Administration

Final rule.

Effective Date: This rule is effective May 10, 2013. Voluntary Compliance Date: Voluntary compliance with all amendments is authorized March 11, 2013.

49 CFR Parts 105, 171, 172, 173, 177, 178, and 180

Summary

PHMSA is amending the Hazardous Materials Regulations (HMR) to make miscellaneous amendments to update and clarify certain regulatory requirements. These amendments promote safer transportation practices, eliminate unnecessary regulatory requirements, address a petition for rulemaking, incorporate a special permit into the HMR, facilitate international commerce, and simplify the regulations. These amendments also update various entries in the Hazardous Materials Table (HMT) and corresponding special provisions, clarify the lab pack requirements for temperature-controlled materials, and require hazmat employers to make hazmat employee training records available upon request to an authorized official of the Department of Transportation (DOT) or an entity explicitly granted authority to enforce the HMR.

2013-03-07; vol. 78 # 45 - Thursday, March 7, 2013

78 FR 14702 - Hazardous Materials: Miscellaneous Petitions for Rulemaking (RRR)

GPO FDSys XML | Text

Additional Documents

type	regulations.gov
FR Doc.	2013-04197
RIN	2137-AE79
Docket No.	PHMSA-2011-0142 (HM-219)

DEPARTMENT OF TRANSPORTATION, Pipeline and Hazardous Materials Safety Administration

Final rule.

Effective Date: This rule is effective May 6, 2013. Voluntary Compliance Date: Voluntary compliance with all amendments is authorized March 7, 2013.

49 CFR Parts 172, 173, 176, and 178

Summary

PHMSA is amending the Hazardous Materials Regulations in response to petitions for rulemaking submitted by the regulated community to update, clarify, or provide relief from miscellaneous regulatory requirements. Specifically, PHMSA is amending the recordkeeping and package marking requirements for third-party labs and manufacturers to assure the traceability of packaging; removing the listing for “NA1203, Gasohol, gasoline mixed with ethyl alcohol, with not more than 10% alcohol”; harmonizing internationally and providing a limited quantity exception for Division 4.1, Self-reactive solids and Self-reactive liquids Types B through F; allowing smokeless powder classified as a Division 1.4C material to be reclassified as a Division 4.1 material; and providing greater flexibility by allowing the Dangerous Cargo Manifest to be in locations designated by the master of the vessel besides “on or near the vessel's bridge” while the vessel is in a United States port.

2013-01-07; vol. 78 # 4 - Monday, January 7, 2013

78 FR 1101 - Hazardous Materials: Harmonization With the United Nations Recommendations on the Transport of Dangerous Goods: Model Regulations, International Maritime Dangerous Goods Code, and the International Civil Aviation Organization Technical Instructions for the Safe Transport of Dangerous Goods by Air

GPO FDSys XML | Text

Additional Documents

type	regulations.gov
FR Doc.	2012-31242
RIN	2137-AE83
Docket No.	PHMSA-2009-0126 (HM-215K)

DEPARTMENT OF TRANSPORTATION, Pipeline and Hazardous Materials Safety Administration

Final rule.

Effective: January 1, 2013.

49 CFR Parts 171, 172, 173, 175, 176 and 178

Summary

This document responds to administrative appeals generated as a result of certain amendments adopted in an international harmonization final rule published on January 19, 2011. The January 19, 2011 final rule amended the Hazardous Materials Regulations (HMR) by revising, removing or adding proper shipping names, the hazard class of a material, packing group assignments, special provisions, packaging authorizations, packaging sections, air transport quantity limitations, and vessel stowage requirements. The amendments were necessary to align the HMR with recent revisions to international standards for the transport of hazardous materials by all modes. In this final rule, PHMSA amends the HMR as a result of administrative appeals submitted in response to various amendments adopted in the January 19, 2011 final rule. This document also addresses recent actions taken by the International Civil Aviation Organization's (ICAO) Dangerous Goods Panel (DGP) regarding certain lithium ion battery-powered mobility aids (e.g., wheelchairs, travel scooters) offered by passengers for air transport and passenger notification of hazardous materials restrictions by operators. Further, this final rule adopts amendments to the HMR as a result of two administrative appeals submitted by an appellant in response to a final rule published February 2, 2010, that revised shipper responsibilities related to packaging design variation, manufacturer notification, and recordkeeping requirements for certain packaging types.

78 FR 1119 - Hazardous Materials: Transportation of Lithium Batteries

GPO FDSys XML | Text

Additional Documents

type	regulations.gov
FR Doc.	2012-31244
RIN	2137-AE44
Docket No.	PHMSA-2009-0095 (HM-224F)

DEPARTMENT OF TRANSPORTATION, Pipeline and Hazardous Materials Safety Administration

Notice of proposed rulemaking; request for additional comment.

Comments must be received by March 8, 2013.

49 CFR Parts 172, 173, and 175

Summary

In this document, PHMSA is seeking additional comment on the impact of changes to the requirements for the air transport of lithium cells and batteries that have been adopted into the 2013-2014 International Civil Aviation Organization Technical Instructions on the Transport of Dangerous Goods by Air (ICAO Technical Instructions), and subsequently incorporated by reference in a final rule published elsewhere in this issue of the Federal Register . PHMSA is considering the long-term impacts of permitting shippers and carriers to choose between compliance with the existing HMR, or compliance with the ICAO Technical Instructions 2013-2014 edition, when transporting batteries domestically by air. Incorporation by reference of the 2013-2014 Edition of the ICAO Technical Instructions will allow each shipper and carrier to choose the method of compliance that is most appropriate for its operation; likewise, each shipper and carrier will have the responsibility to ensure that the proper method of compliance is chosen for each shipment, since the chosen method may not comply with the ICAO Technical Instructions. PHMSA is seeking supplemental comments to our January 11, 2010, Notice of Proposed Rulemaking (NPRM) and our April 11, 2012, request for additional comment in light of the publication of the HM-215L final rule. Specifically, PHMSA is seeking comment on whether to require mandatory compliance with the 2013-2014 ICAO Technical Instructions for all shipments of lithium batteries by air, both foreign and domestic. Based on the comments received, PHMSA may issue a final rule to revise the HMR to reflect the lithium battery provisions specified in the 2013-2014 Edition of the ICAO Technical Instructions.

78 FR 988 - Hazardous Materials: Harmonization with International Standards (RRR)

GPO FDSys XML | Text

Additional Documents

type	regulations.gov
FR Doc.	2012-31243
RIN	2137-AE87
Docket No.	s. PHMSA-2012-0027 (HM-215L)

DEPARTMENT OF TRANSPORTATION, Pipeline and Hazardous Materials Safety Administration

Final rule.

Effective Date: January 1, 2013. Voluntary compliance date: PHMSA is authorizing voluntary compliance beginning January 1, 2013. Delayed compliance date: Unless otherwise specified, compliance with the amendments adopted in this final rule is required beginning January 1, 2014. Incorporation by reference date: The incorporation by reference of certain publications listed in this rule is approved by the Director of the Federal Register as of January 1, 2013.

49 CFR Parts 171, 172, 173, 175, 176, 177, and 178

Summary

PHMSA is amending the Hazardous Materials Regulations to maintain alignment with international standards by incorporating various amendments, including changes to proper shipping names, hazard classes, packing groups, special provisions, packaging authorizations, air transport quantity limitations, and vessel stowage requirements. These revisions are necessary to harmonize the Hazardous Materials Regulations (HMR) with recent changes made to the International Maritime Dangerous Goods (IMDG) Code, the International Civil Aviation Organization's Technical Instructions for the Safe Transport of Dangerous Goods by Air (ICAO Technical Instructions), and the United Nations Recommendations on the Transport of Dangerous Goods—Model Regulations (UN Model Regulations) and address a petition for rulemaking.

2012-10-22; vol. 77 # 204 - Monday, October 22, 2012

77 FR 64450 - Hazardous Materials: Incorporation of Certain Special Permits and Competent Authorities Into Regulations

GPO FDSys XML | Text

Additional Documents

type	regulations.gov
FR Doc.	2012-25853
RIN	2137-AE82
Docket No.	PHMSA-2011-0158 (HM-233C)

DEPARTMENT OF TRANSPORTATION, Pipeline and Hazardous Materials Safety Administration

Notice of proposed rulemaking (NPRM).

Written comments should be submitted on or before December 21, 2012.

49 CFR Parts 107, 172, 173, 175, and 178

Summary

The Pipeline and Hazardous Materials Safety Administration is proposing to amend the Hazardous Materials Regulations to incorporate provisions contained in certain widely used or longstanding special permits and certain competent authority approvals (“approvals”) that have established safety records. Special permits allow a company or individual to package or ship a hazardous material in a manner that varies from the regulations provided an equivalent level of safety is maintained. An approval is a written consent (document) required under an international standard (i.e., International Maritime Dangerous Goods (IMDG) Code, International Civil Aviation Organization (ICAO)), or is specifically provided for in the HMR, and is issued by the Associate Administrator for Hazardous Materials Safety. These proposed revisions are intended to provide wider access to the regulatory flexibility offered in special permits and approvals and eliminate the need for numerous renewal requests, reducing paperwork burdens and facilitating commerce while maintaining an appropriate level of safety. Additionally, this rulemaking will address three petitions for rulemaking regarding the continued use of renewal applications for long standing special permits.

2012-10-05; vol. 77 # 194 - Friday, October 5, 2012

77 FR 60935 - Hazardous Materials: Minor Editorial Corrections and Clarifications (RRR)

GPO FDSys XML | Text

Additional Documents

type	regulations.gov
FR Doc.	2012-24263
RIN	2137-AE90
Docket No.	PHMSA-2012-0080 (HM-244E)

DEPARTMENT OF TRANSPORTATION, Pipeline and Hazardous Materials Safety Administration

Final rule.

Effective: October 5, 2012. Incorporation by reference date: The incorporation by reference of certain publications listed in this rule was approved by the Director of the Federal Register as of September 11, 2006.

49 CFR Parts 107, 171, 172, 173, 175, 178, and 179

Summary

This final rule corrects editorial errors, makes minor regulatory changes and, in response to requests for clarification, improves the clarity of certain provisions in the Hazardous Materials Regulations. The intended effect of this rule is to enhance the accuracy and reduce misunderstandings of the regulations. The amendments contained in this rule are non-substantive changes and do not impose new requirements.

2012-10-02; vol. 77 # 191 - Tuesday, October 2, 2012

77 FR 60056 - Shippers—General Requirements for Shipments and Packagings

GPO FDSys XML | Text

Additional Documents

type	regulations.gov
FR Doc.	2012-24294
RIN

DEPARTMENT OF TRANSPORTATION, Pipeline and Hazardous Materials Administration

49 CFR Part 173

Summary

49 CFR 173.156 - Exceptions for limited quantity and ORM.

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