49 CFR 173.27 - General requirements for transportation by aircraft. | Title 49 - Transportation | Code of Federal Regulations

§ 173.27

General requirements for transportation by aircraft.

(a) The requirements of this section are in addition to the requirements in § 173.24 and apply to packages offered or intended for transportation aboard aircraft. Except for materials not subject to performance packaging requirements in subpart E of this part, a packaging containing a Packing Group III material with a primary or subsidiary risk of Division 4.1, 4.2, 4.3, 5.1, or Class 8 must meet the Packing Group II performance level when offered or intended for transportation by aircraft.

(b) Packages authorized onboard aircraft. (1) When Column 9a of the § 172.101 table indicates that a material is “Forbidden”, that material may not be offered for transportation or transported aboard passenger-carrying aircraft.

(2) When Column 9b of the § 172.101 table indicates that a material is “Forbidden”, that material may not be offered for transportation or transported aboard aircraft.

(3) The maximum quantity of hazardous material in a package that may be offered for transportation or transported aboard a passenger-carrying aircraft or cargo aircraft may not exceed that quantity prescribed for the material in Column 9a or 9b, respectively, of the § 172.101 table.

(4) A package containing a hazardous material which is authorized aboard cargo aircraft but not aboard passenger aircraft must be labeled with the CARGO AIRCRAFT ONLY label required by § 172.402(c) of this subchapter and may not be offered for transportation or transported aboard passenger-carrying aircraft.

(c) Pressure requirements. (1) Packagings must be designed and constructed to prevent leakage that may be caused by changes in altitude and temperature during transportation aboard aircraft.

(2) Packagings for which retention of liquid is a basic function must be capable of withstanding without leakage the greater of—

(i) An internal pressure which produces a gauge pressure of not less than 75 kPa (11 psig) for liquids in Packing Group III of Class 3 or Division 6.1; or 95 kPa (14 psig) for other liquids; or

(ii) A pressure related to the vapor pressure of the liquid to be conveyed, determined by one of the following:

(A) The total gauge pressure measured in the receptacle (i.e., the vapor pressure of the material and the partial pressure of air or other inert gases, less 100 kPa (15 psia)) at 55 °C (131 °F), multiplied by a safety factor of 1.5; determined on the basis of a filling temperature of 15 °C (59 °F) and a degree of filling such that the receptacle is not completely liquid full at a temperature of 55 °C (131 °F) or less;

(B) 1.75 times the vapor pressure at 50 °C (122 °F) less 100 kPa (15 psia); or

(C) 1.5 times the vapor pressure at 55 °C (131 °) less 100 kPa (15 psia).

(3) Notwithstanding the provisions of paragraph (c)(2) of this section—

(i) Hazardous materials may be contained in an inner packaging which does not itself meet the pressure requirement provided that the inner packaging is packed within a supplementary packaging which does meet the pressure requirement and other applicable packaging requirements of this subchapter.

(ii) Packagings which are subject to the hydrostatic pressure test and marking requirements of §§ 178.605 and 178.503(a)(5), respectively, of this subchapter must have a marked test pressure of not less than 250 kPa (36 psig) for liquids in Packing Group I, 80 kPa (12 psig) for liquids in Packing Group III of Class 3 or Division 6.1, and 100 kPa (15 psig) for other liquids.

(d) Closures. Stoppers, corks or other such friction-type closures must be held securely, tightly and effectively in place by positive means. Each screw-type closure on any packaging must be secured to prevent closure from loosening due to vibration or substantial change in temperature.

(e) Absorbent materials. Except as otherwise provided in this subchapter, liquid hazardous materials of Class 3, 4, or 8, or Division 5.1, 5.2 or 6.1 that are packaged and offered for transport in glass, earthenware, plastic or metal inner packagings must be packaged using absorbent material as follows:

(1) Packing Group I liquids on passenger aircraft must be packaged using materials capable of absorbing the entire contents of the inner packagings.

(2) Packing Group I liquids on cargo aircraft, and Packing Group II liquids including Division 5.2 liquids on passenger and cargo aircraft, must be packaged using a sufficient quantity of absorbent material to absorb the entire contents of any one of the inner packagings containing such liquids. When the inner packagings are of different sizes and quantities, sufficient absorbent material must be used to absorb the entire contents of the inner packaging with the greatest volume of liquid.

(3) When absorbent materials are required and the outer packaging is not liquid tight, a means of containing the liquid in the event of a leakage must be provided in the form of a leakproof liner, plastic bag or other equally efficient means of containment.

(4) Absorbent material must not react dangerously with the liquid (see §§ 173.24 and 173.24a.).

(5) Absorbent material is not required if the inner packagings are so protected that they are unlikely to break and leak their contents from the outer packaging under normal conditions of transportation.

(f) Combination packagings. (1) Excepted quantities. For authorized materials and inner and outer package quantity limits for combination packages of excepted quantities intended for transportation by aircraft, see § 173.4a of this part. Unless otherwise specified in this part, or in Subpart C of part 171 of this subchapter, when combination packagings are intended for transportation aboard an aircraft, inner packagings must conform to the quantity limitations set forth in table 1 of this paragraph for transport aboard passenger-carrying aircraft and table 2 of this paragraph for transport aboard cargo-only aircraft.

(2) Limited quantities. (i) Unless otherwise specified in this part, or in Subpart C of Part 171 of this subchapter, when a limited quantity of authorized hazardous material packaged in a combination packaging is intended for transportation aboard an aircraft, the inner packagings must conform to the quantity limitations set forth in table 3 of this paragraph. Materials must be authorized for transportation aboard a passenger-carrying aircraft (see Column (9A) of the § 172.101 Hazardous Materials Table). Substances or articles not authorized as limited quantity by aircraft are:

(A) Those in Packing Group I;

(B) Class 1 (explosive) and Class 7 (radioactive) material;

(C) Divisions 2.1 (flammable gas) (except Aerosols (UN1950) and Receptacles, small (UN2037) without subsidiary risk) and Division 2.3 (toxic gas);

(D) Divisions 4.1 (self-reactive), 4.2 (spontaneously combustible) (primary or subsidiary risk), and 4.3 (dangerous when wet) (liquids);

(E) Division 5.2 (organic peroxide) (except when contained in a Chemical or First aid kit (UN3316) or Polyester resin kit (UN3269) (Types D, E and F non-temperature controlled only));

(F) Class 8 (corrosive) materials UN2794, UN2795, UN2803, UN2809, 3028; and

(G) All Class 9 (miscellaneous) materials except for UN1941, UN1990, UN2071, UN3077, UN3082, UN3316.

(ii) Effective January 1, 2012, packages must be marked with the limited quantity “Y” mark as prescribed in § 172.315 of this part when conforming to Table 3 of this paragraph. Until December 31, 2012, a package may instead be marked with the proper shipping name “Consumer commodity” and “ORM-D-AIR” (including “Charcoal, NA1361) if it contains a consumer commodity, as authorized by this subchapter in effect on October 1, 2010.

(iii) Strong outer packagings are required and a completed package may not exceed 30 kg (66 lbs) gross weight.

(iv) A secondary means of closure required for all liquids contained in inner packagings. If this requirement cannot be satisfied, the use of an intermediate and leakproof form of containment, such as a liner, is required.

(v) Packages must be capable of passing a 1.2 m drop test on to a rigid, non-resilient, flat and horizontal surface, in the position most likely to cause damage. The criteria for passing the test is that the outer packaging must not exhibit any damage affecting safety in transport and there must be no leakage from the inner packagings.

(vi) Each package must be capable of withstanding, without breakage or leakage of any inner packaging, a force applied to the top surface for a duration of 24 hours equivalent to the total weight of identical packages if stacked to a height of 3 m (including the test sample).

(vii) Except for UN3082, inner packagings of combination packagings containing liquids must be capable of passing the appropriate pressure differential test prescribed in paragraph (c) of this section.

(3) The tables are as follows:

Table 1—Maximum Net Capacity of Inner Packaging for Transportation on Passenger-Carrying Aircraft

Maximum net quantity per package from Column 9a of the § 172.101 table	Maximum authorized net capacity of each inner packaging
	Glass, earthenware or fiber inner packagings	Metal or plastic inner packagings
Liquids:
Not greater than 0.5L	0.5L	0.5L.
Greater than 0.5L. not greater than lL	0.5L	lL.
Greater than 1L, not greater than 5L	1L	5L.
Greater than 5L, not greater than 60L	2.5L	10L.
Greater than 60L, not greater than 220L	5L	25L.
Greater than 220L	No limit	No limit.
Solids:
Not greater than 5 kg	0.5 kg	1 kg.
Greater than 5 kg, not greater than 25 kg	1 kg	2.5 kg.
Greater than 25 kg, not greater than 200 kg	5 kg	10 kg.
Greater than 200 kg	No limit	No limit.

Table 2—Maximum Net Capacity of Inner Packaging for Transportation on Cargo Aircraft

Maximum net quantity per package from Column 9b of the § 172.101 table	Maximum authorized net capacity of each inner packaging
	Glass, earthenware or fiber inner packagings	Metal or plastic inner packagings
Liquids:
Not greater than 2.5L	1L	1L.
Greater than 2.5L, not greater than 30L	2.5L	2.5L.
Greater than 30L, not greater than 60L	5L	10L.
Greater than 60L, not greater than 220L	5L	25L.
Greater than 220L	No limit	No limit.
Solids:
Not greater than 15 kg	1 kg	2.5 kg.
Greater than 15 kg, not greater than 50 kg	2.5 kg	5 kg.
Greater than 50 kg, not greater than 200 kg	5 kg	10 kg.
Greater than 200 kg	No limit	No limit.

Table 3—Maximum Net Quantity of Each Inner Packaging for Materials Authorized for Transportation as Limited Quantity by Aircraft

Hazard class ordivision	Maximum authorized netquantity of each inner packaging		Maximum authorized net quantity of each outer package	Notes
Hazard class ordivision	Glass, earthenware or fiber inner packagings	Metal orplastic inner packagings	Maximum authorized net quantity of each outer package	Notes
Class 1				Forbidden. See § 173.63 .
Class 2			30 kg Gross	Authorized materials: Aerosols (UN1950) in Divisions 2.1 and 2.2, and Receptacles, small (UN2037) in Divisions 2.1 and 2.2 without subsidiary risk and Fuel cells cartridges (UN3478, UN3479), see § 173.230 of this part.
Class 3	PG I: Forbidden
	PG II: 0.5L	PG II: 0.5L	PG II: 1L*	*Maximum net quantity per outer package with corrosive subsidiary risk (e.g., UN2924, UN3286) is 0.5L. For Class 3 materials contained in a Polyester resin kit (UN3269), see § 173.165 of this part. For Fuel cell cartridges containing flammable liquids (UN3473), see § 173.230 of this part.
	PG III: 2.5L**Corrosive subsidiary risk (e.g., UN2924) or toxic (e.g., UN1992) is 1L	PG III: 5.0L**Corrosive subsidiary risk (e.g., UN2924) or toxic (e.g., UN1992) is 1L	PG III: 10L*	*Maximum net quantity per outer package with corrosive subsidiary risk (e.g., UN2924) is 1L and toxic subsidiary risk (e.g., UN1992) is 2L.
Division 4.1 (does not include self-reactive material)	PG I: Forbidden
	PG II: 0.5 kg	PG II: 0.5 kg	PG II: 5 kg*	*Maximum net quantity per outer package with toxic subsidiary risk (e.g., UN3179) is 1 kg.
	PG III: 1 kg	PG III: 1 kg	PG III: 10 kg*	*Maximum net quantity per outer package with corrosive subsidiary risk (e.g., UN3180) is 5 kg.
Division 4.2 (Primary or subsidiary)	Forbidden*		25 kg (net mass)*	*Until December 31, 2012, Charcoal (NA1361), PG III, may be transported as a limited quantity and may be renamed Consumer commodity and reclassed ORM-D-AIR, if eligible.
Division 4.3 (solid material only)	PG I solids and all liquids regardless of Packing Group: Forbidden
	PG II: 0.5 kg	PG II: 0.5 kg	PG II: 5 kg*	*Maximum net quantity per outer package with toxic subsidiary risk (e.g., UN3134) is 1 kg. For fuel cell cartridges containing water reactive substances (UN3476), see § 173.230 of this part.
	PG III: 1 kg	PG III: 1 kg	PG III: 10 kg*	*Maximum net quantity per outer package with corrosive or flammable subsidiary risk (e.g., UN3131 or UN3132, respectively) is 5 kg.
Division 5.1 (Liquid or solid material)	PG I: Forbidden
Division 5.1 (liquid material)	PG II: 0.1L	PG II: 0.1L	PG II: 0.5L
	PG III: 0.5L	PGIII: 0.5L	PG III: 1.0L
Division 5.1 (solid material)	PG II: 0.5 kg	PG II: 0.5 kg	PG II: 2.5 kg*	*Maximum net quantity per outer package with toxic subsidiary risk (e.g., UN3087) is 1 kg.
	PG III: 1.0 kg	PG III: 1.0 kg	PG III: 10 kg*	*Maximum net quantity per outer package with corrosive subsidiary risk (e.g., UN3085) is 1 kg.
Division 5.2 (liquid material)	30 mL	30 mL	1 kg	Authorized materials: Types D, E and F are authorized only as part of a Chemical or First aid kit (UN3316) in accordance with § 173.161 of this part or a Polyester resin kit (UN3269) in accordance with § 173.165 of this part.
Code of Federal Regulations - Page 475
Division 5.2 (solid material)	100g	100g	1 kg
Division 6.1	PG I (Inhalation or otherwise): Forbidden
Division 6.1 (liquid material)	PG II: 0.1L	PG II: 0.1L	PG II: 1.0L*	*Maximum net quantity per outer package with corrosive subsidiary risk (e.g., UN3289) is 0.5L.
	PG III: 0.5L	PGIII: 0.5L	PG III: 2.0L
Division 6.1 (solid material)	PG II: 0.5 kg	PG II: 0.5 kg	PG II: 1.0 kg
	PG III: 1.0 kg	PG III: 1.0 kg	PG III: 10 kg
Class 7	Forbidden
Class 8	PG I: Forbidden
Class 8 (liquid material)	PG II: 0.1L	PG II: 0.1L	PG II: 0.5L	For “Fuel cell cartridges containing corrosive substances” (UN3477), see § 173.230 of this part.
	PG III: 0.5L	PGIII: 0.5L	PG III: 1.0L
Class 8 (solid material)	PG II: 0.5 kg	PG II: 0.5 kg	PG II: 5.0 kg*	*Maximum net quantity per outer package for UN2430 is 1.0 kg. UN2794, UN2795, UN2803, UN2809, UN3028 are not authorized as limited quantity.
	PG III: 1.0 kg	PG III: 1.0 kg	PG III: 5.0 kg
Class 9 (liquid material)	30 mL (UN3316); 5.0L (UN1941, UN1990, UN3082) 100 g (UN3316); 5.0 kg (UN2071, UN3077)	30 mL (UN3316); 5.0L (UN1941, UN1990, UN3082) 100 g (UN3316); 5.0 kg (UN2071, UN3077)	1 kg (UN3316); 30 kg (all other authorized Class 9 material)	Authorized materials: UN1941, UN1990, UN2071, UN3077, UN3082, and UN3316 only. Additionally, Consumer commodity (ID8000) in accordance with § 173.167 of this part and Chemical kit or First aid kit (UN3316) in accordance with § 173.161of this part are authorized.
Class 9 (solid material)	100 g (UN3316); 5.0 kg (UN2071, UN3077)	100 g (UN3316); 5.0 kg (UN2071, UN3077)

(g) Cylinders. For any cylinder containing hazardous materials and incorporating valves, sufficient protection must be provided to prevent operation of, and damage to, the valves during transportation, by one of the following methods:

(1) By equipping each cylinder with securely attached valve caps or protective headrings; or

(2) By boxing or crating the cylinder.

(h) Tank cars and cargo tanks. Any tank car or cargo tank containing a hazardous material may not be transported aboard aircraft.

(i) Effective October 1, 2006, each person who offers a hazardous material for transportation by aircraft must include the certification statement specified in § 172.204(c)(3).

[Amdt. 173-224, 55 FR 52612, Dec. 21, 1990, as amended at 56 FR 66266, Dec. 20, 1991; Amdt. 173-138, 59 FR 49133, Sept. 26, 1994; 65 FR 58629, Sept. 29, 2000; 66 FR 45380, Aug. 28, 2001; 68 FR 45032, July 31, 2003; 69 FR 76155, Dec. 20, 2004; 71 FR 14602, Mar. 22, 2006; 73 FR 57006, Oct. 1, 2008; 75 FR 53597, Sept. 1, 2010; 76 FR 3368, 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)

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FR Doc.	C1-2013-04197
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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)

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FR Doc.	2013-04198
RIN	2137-AE78
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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)

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FR Doc.	2013-04197
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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

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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)

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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)

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FR Doc.	2012-24263
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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

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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)

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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

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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)

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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

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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)

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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

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type	regulations.gov
FR Doc.	2012-24294
RIN

DEPARTMENT OF TRANSPORTATION, Pipeline and Hazardous Materials Administration

49 CFR Part 173

Summary

49 CFR 173.27 - General requirements for transportation by aircraft.

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