[Code of Federal Regulations]
[Title 49, Volume 2]
[Revised as of October 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 49CFR171.8]

[Page 82-93]
 
                        TITLE 49--TRANSPORTATION
 
 CHAPTER I--RESEARCH AND SPECIAL PROGRAMS ADMINISTRATION, DEPARTMENT OF 
                             TRANSPORTATION
 
PART 171--GENERAL INFORMATION, REGULATIONS, AND DEFINITIONS--Table of Contents
 
Sec. 171.8  Definitions and abbreviations.

    In this subchapter,
    Aerosol means any non-refillable receptacle containing a gas 
compressed, liquefied or dissolved under pressure, the sole purpose of 
which is to expel a nonpoisonous (other than a Division 6.1 Packing 
Group III material) liquid, paste, or powder and fitted with a self-
closing release device allowing the contents to be ejected by the gas.
    Agricultural product means a hazardous material, other than a 
hazardous waste, whose end use directly supports the production of an 
agricultural commodity including, but not limited to a fertilizer, 
pesticide, soil amendment or fuel. An agricultural product is limited to 
a material in Class 3, 8 or 9, Division 2.1, 2.2, 5.1, or 6.1, or an 
ORM-D material.
    Approval means a written authorization, including a competent 
authority approval, from the Associate Administrator or other designated 
Department official, to perform a function for which prior authorization 
by the Associate Administrator is required under subchapter C of this 
chapter (49 CFR parts 171 through 180.)
    Approved means approval issued or recognized by the Department 
unless otherwise specifically indicated in this subchapter.
    Asphyxiant gas means a gas which dilutes or replaces oxygen normally 
in the atmosphere.
    Associate Administrator means the Associate Administrator for 
Hazardous Materials Safety, Research and Special Programs 
Administration.
    Atmospheric gases means air, nitrogen, oxygen, argon, krypton, neon 
and xenon.
    Authorized Inspection Agency means: (1) A jurisdiction which has 
adopted and administers one or more sections of the ASME Boiler and 
Pressure Vessel Code as a legal requirement and has a representative 
serving as a member of the ASME Conference Committee; or (2) an 
insurance company which has been licensed or registered by the 
appropriate authority of a State of the United States or a Province of 
Canada to underwrite boiler and pressure vessel insurance in such State 
or Province.
    Authorized Inspector means an Inspector who is currently 
commissioned by the National Board of Boiler and Pressure Vessel 
Inspectors and employed as an Inspector by an Authorized Inspection 
Agency.
    Bag means a flexible packaging made of paper, plastic film, 
textiles, woven material or other similar materials.
    Bar means 1 BAR = 100 kPa (14.5 psi).
    Barge means a non-selfpropelled vessel.
    Bottle means an inner packaging having a neck of relatively smaller 
cross section than the body and an opening capable of holding a closure 
for retention of the contents.
    Bottom shell means that portion of a tank car tank surface, 
excluding the head ends of the tank car tank, that lies within two feet, 
measured circumferentially, of the bottom longitudinal center line of 
the tank car tank.
    Box means a packaging with complete rectangular or polygonal faces, 
made of metal, wood, plywood, reconstituted wood, fiberboard, plastic, 
or other suitable material. Holes appropriate to the size and use of the 
packaging, for purposes such as ease of handling or opening, or to meet 
classification requirements, are permitted as long as they do not 
compromise the integrity of the packaging during transportation, and are 
not otherwise prohibited in this subchapter.
    Break-bulk means packages of hazardous materials that are handled 
individually, palletized, or unitized for purposes of transportation as 
opposed to bulk and containerized freight.
    Btu means British thermal unit.
    Bulk packaging means a packaging, other than a vessel or a barge, 
including a transport vehicle or freight container, in which hazardous 
materials are loaded with no intermediate form of containment and which 
has:
    (1) A maximum capacity greater than 450 L (119 gallons) as a 
receptacle for a liquid;
    (2) A maximum net mass greater than 400 kg (882 pounds) and a 
maximum capacity greater than 450 L (119 gallons) as a receptacle for a 
solid; or
    (3) A water capacity greater than 454 kg (1000 pounds) as a 
receptacle for a gas as defined in Sec. 173.115 of this subchapter.

[[Page 83]]

    Bureau of Explosives means the Bureau of Explosives (B of E) of the 
Association of American Railroads.
    C means Celsius or Centigrade.
    Captain of the Port (COTP) means the officer of the Coast Guard, 
under the command of a District Commander, so designated by the 
Commandant for the purpose of giving immediate direction to Coast Guard 
law enforcement activities within an assigned area. As used in this 
subchapter, the term Captain of the Port includes an authorized 
representative of the Captain of the Port.
    Carfloat means a vessel that operates on a short run on an irregular 
basis and serves one or more points in a port area as an extension of a 
rail line or highway over water, and does not operate in ocean, 
coastwise, or ferry service.
    Cargo aircraft only means an aircraft that is used to transport 
cargo and is not engaged in carrying passengers. For purposes of this 
subchapter, the terms cargo aircraft only, cargo-only aircraft and cargo 
aircraft have the same meaning.
    Cargo tank means a bulk packaging which:
    (1) Is a tank intended primarily for the carriage of liquids or 
gases and includes appurtenances, reinforcements, fittings, and closures 
(for tank, see 49 CFR 178.345-1(c), 178.337-1, or 178.338-1, as 
applicable);
    (2) Is permanently attached to or forms a part of a motor vehicle, 
or is not permanently attached to a motor vehicle but which, by reason 
of its size, construction or attachment to a motor vehicle is loaded or 
unloaded without being removed from the motor vehicle; and
    (3) Is not fabricated under a specification for cylinders, portable 
tanks, tank cars, or multi-unit tank car tanks.
    Cargo tank motor vehicle means a motor vehicle with one or more 
cargo tanks permanently attached to or forming an integral part of the 
motor vehicle.
    Cargo vessel means: (1) Any vessel other than a passenger vessel; 
and
    (2) Any ferry being operated under authority of a change of 
character certificate issued by a Coast Guard Officer-in-Charge, Marine 
Inspection.
    Carrier means a person engaged in the transportation of passengers 
or property by:
    (1) Land or water, as a common, contract, or private carrier, or
    (2) Civil aircraft.
    CC means closed-cup.
    Character of vessel means the type of service in which the vessel is 
engaged at the time of carriage of a hazardous material.
    Class means hazard class. See hazard class.
    Class 1. See Sec. 173.50 of this subchapter.
    Class 2. See Sec. 173.115 of this subchapter.
    Class 3. See Sec. 173.120 of this subchapter.
    Class 4. See Sec. 173.124 of this subchapter.
    Class 5. See Sec. 173.128 of this subchapter.
    Class 6. See Sec. 173.132 of this subchapter.
    Class 7. See Sec. 173.403 of this subchapter.
    Class 8. See Sec. 173.136 of this subchapter.
    Class 9. See Sec. 173.140 of this subchapter.
    Closure means a device which closes an opening in a receptacle.
    COFC means container-on-flat-car.
    Combination packaging means a combination of packaging, for 
transport purposes, consisting of one or more inner packagings secured 
in a non-bulk outer packaging. It does not include a composite 
packaging.
    Combustible liquid. See Sec. 173.120 of this subchapter.
    Compatibility group letter means a designated alphabetical letter 
used to categorize different types of explosive substances and articles 
for purposes of stowage and segregation. See Sec. 173.52 of this 
subchapter.
    Competent Authority means a national agency responsible under its 
national law for the control or regulation of a particular aspect of the 
transportation of hazardous materials (dangerous goods). The term 
Appropriate Authority, as used in the ICAO Technical Instructions (see 
Sec. 171.7), has the same meaning as Competent Authority. For purposes 
of this subchapter, the Associate Administrator is the Competent 
Authority for the United States.

[[Page 84]]

    Composite packaging means a packaging consisting of an outer 
packaging and an inner receptacle, so constructed that the inner 
receptacle and the outer packaging form an integral packaging. Once 
assembled it remains thereafter an integrated single unit; it is filled, 
stored, shipped and emptied as such.
    Compressed gas. See Sec. 173.115 of this subchapter.
    Consumer commodity means a material that is packaged and distributed 
in a form intended or suitable for sale through retail sales agencies or 
instrumentalities for consumption by individuals for purposes of 
personal care or household use. This term also includes drugs and 
medicines.
    Containership means a cargo vessel designed and constructed to 
transport, within specifically designed cells, portable tanks and 
freight containers which are lifted on and off with their contents 
intact.
    Corrosive material. See Sec. 173.136 of this subchapter.
    Crate means an outer packaging with incomplete surfaces.
    Crewmember means a person assigned to perform duty in an aircraft 
during flight time.
    Cryogenic liquid. See Sec. 173.115(g) of this subchapter.
    Cylinder means a pressure vessel designed for pressures higher than 
40 psia and having a circular cross section. It does not include a 
portable tank, multi-unit tank car tank, cargo tank, or tank car.
    Dangerous when wet material. See Sec. 173.124 of this subchapter.
    Design Certifying Engineer means a person registered with the 
Department in accordance with subpart F of part 107 of this chapter who 
has the knowledge and ability to perform stress analysis of pressure 
vessels and to otherwise determine whether a cargo tank design and 
construction meets the applicable DOT specification. In addition, Design 
Certifying Engineer means a person who meets, at a minimum, any one of 
the following:
    (1) Has an engineering degree and one year of work experience in 
cargo tank structural or mechanical design.
    (2) Is currently registered as a professional engineer by the 
appropriate authority of a State of the United States or a Province of 
Canada.
    (3) Has at least three years experience in performing the duties of 
a Design Certifying Engineer by September 1, 1991, and was registered 
with the Department by December 31, 1995.
    Designated facility means a hazardous waste treatment, storage, or 
disposal facility that has been designated on the manifest by the 
generator.
    District Commander means the District Commander of the Coast Guard, 
or his authorized representative, who has jurisdiction in the particular 
geographical area.
    Division means a subdivision of a hazard class.
    DOD means the U.S. Department of Defense.
    Domestic transportation means transportation between places within 
the United States other than through a foreign country.
    DOT or Department means U.S. Department of Transportation.
    Drum means a flat-ended or convex-ended cylindrical packaging made 
of metal, fiberboard, plastic, plywood, or other suitable materials. 
This definition also includes packagings of other shapes made of metal 
or plastic (e.g., round taper-necked packagings or pail-shaped 
packagings) but does not include cylinders, jerricans, wooden barrels or 
bulk packagings.
    Elevated temperature material means a material which, when offered 
for transportation or transported in a bulk packaging:
    (1) Is in a liquid phase and at a temperature at or above 100  deg.C 
(212  deg.F);
    (2) Is in a liquid phase with a flash point at or above 37.8  deg.C 
(100  deg.F) that is intentionally heated and offered for transportation 
or transported at or above its flash point; or
    (3) Is in a solid phase and at a temperature at or above 240  deg.C 
(464  deg.F).
    Engine means a locomotive propelled by any form of energy and used 
by a railroad.
    EPA means U.S. Environmental Protection Agency.
    Etiologic agent. See Sec. 173.134 of this subchapter.
    EX number means a number preceded by the prefix ``EX'', assigned by 
the Associate Administrator, to an item that

[[Page 85]]

has been evaluated under the provisions of Sec. 173.56 of this 
subchapter.
    Exemption means a document issued by the Associate Administrator 
under the authority of 49 U.S.C. 5117. The document permits a person to 
perform a function that is not otherwise permitted under subchapter A or 
C of this chapter, or other regulations issued under 49 U.S.C. 5101 
through 5127 (e.g., Federal Motor Carrier Safety routing).
    Explosive. See Sec. 173.50 of this subchapter.
    F means degree Fahrenheit.
    Farmer means a person engaged in the production or raising of crops, 
poultry, or livestock.
    Federal hazardous material transportation law means 49 U.S.C. 5101 
et seq.
    Ferry vessel means a vessel which is limited in its use to the 
carriage of deck passengers or vehicles or both, operates on a short run 
on a frequent schedule between two points over the most direct water 
route, other than in ocean or coastwise service, and is offered as a 
public service of a type normally attributed to a bridge or tunnel.
    Filling density has the following meanings:
    (1) For compressed gases in cylinders, see Sec. 173.304a(a)(2) table 
note 1.
    (2) For compressed gases in tank cars, see Sec. 173.314(c) table 
note 1.
    (3) For compressed gases in cargo tanks and portable tanks, see 
Sec. 173.315(a) table note 1.
    (4) For cryogenic liquids in cylinders, except hydrogen, see 
Sec. 173.316(c)(1).
    (5) For hydrogen, cryogenic liquid in cylinders, see 
Sec. 173.316(c)(3) table note 1.
    (6) For cryogenic liquids in cargo tanks, see Sec. 173.318(f)(1).
    (7) For cryogenic liquids in tank cars, see Sec. 173.319(d)(1).
    Flammable gas. See Sec. 173.115 of this subchapter.
    Flammable liquid. See Sec. 173.120 of this subchapter.
    Flammable solid. See Sec. 173.124 of this subchapter.
    Flash point. See Sec. 173.120 of this subchapter.
    Freight container means a reusable container having a volume of 64 
cubic feet or more, designed and constructed to permit being lifted with 
its contents intact and intended primarily for containment of packages 
(in unit form) during transportation.
    Fuel tank means a tank other than a cargo tank, used to transport 
flammable or combustible liquid, or compressed gas for the purpose of 
supplying fuel for propulsion of the transport vehicle to which it is 
attached, or for the operation of other equipment on the transport 
vehicle.
    Fumigated lading. See Secs. 172.302(g) and 173.9.
    Gas means a material which has a vapor pressure greater than 300 kPa 
(43.5 psia) at 50  deg.C (122  deg.F) or is completely gaseous at 20 
deg.C (68  deg.F) at a standard pressure of 101.3 kPa (14.7 psia).
    Gross weight or Gross mass means the weight of a packaging plus the 
weight of its contents.
    Hazard class means the category of hazard assigned to a hazardous 
material under the definitional criteria of part 173 of this subchapter 
and the provisions of the Sec. 172.101 table. A material may meet the 
defining criteria for more than one hazard class but is assigned to only 
one hazard class.
    Hazard zone means one of four levels of hazard (Hazard Zones A 
through D) assigned to gases, as specified in Sec. 173.116(a) of this 
subchapter, and one of two levels of hazards (Hazard Zones A and B) 
assigned to liquids that are poisonous by inhalation, as specified in 
Sec. 173.133(a) of this subchapter. A hazard zone is based on the LC50 
value for acute inhalation toxicity of gases and vapors, as specified in 
Sec. 173.133(a).
    Hazardous material means a substance or material that the Secretary 
of Transportation has determined is capable of posing an unreasonable 
risk to health, safety, and property when transported in commerce, and 
has designated as hazardous under section 5103 of Federal hazardous 
materials transportation law (49 U.S.C. 5103). The term includes 
hazardous substances, hazardous wastes, marine pollutants, elevated 
temperature materials, materials designated as hazardous in the 
Hazardous Materials Table (see 49 CFR 172.101), and materials that meet 
the defining criteria for hazard classes and divisions in part 173 of 
subchapter C of this chapter.

[[Page 86]]

    Hazardous substance for the purposes of this subchapter, means a 
material, including its mixtures and solutions, that--
    (1) Is listed in the appendix A to Sec. 172.101 of this subchapter;
    (2) Is in a quantity, in one package, which equals or exceeds the 
reportable quantity (RQ) listed in the appendix A to Sec. 172.101 of 
this subchapter; and
    (3) When in a mixture or solution--
    (i) For radionuclides, conforms to paragraph 7 of the appendix A to 
Sec. 172.101.
    (ii) For other than radionuclides, is in a concentration by weight 
which equals or exceeds the concentration corresponding to the RQ of the 
material, as shown in the following table:

------------------------------------------------------------------------
                                                      Concentration by
                                                           weight
               RQ pounds (kilograms)               ---------------------
                                                     Percent      PPM
------------------------------------------------------------------------
5000 (2270).......................................         10    100,000
1000 (454)........................................          2     20,000
100 (45.4)........................................        0.2      2,000
10 (4.54).........................................       0.02        200
1 (0.454).........................................      0.002         20
------------------------------------------------------------------------


    The term does not include petroleum, including crude oil or any 
fraction thereof which is not otherwise specifically listed or 
designated as a hazardous substance in appendix A to Sec. 172.101 of 
this subchapter, and the term does not include natural gas, natural gas 
liquids, liquefied natural gas, or synthetic gas usable for fuel (or 
mixtures of natural gas and such synthetic gas).
    Hazardous waste, for the purposes of this chapter, means any 
material that is subject to the Hazardous Waste Manifest Requirements of 
the U.S. Environmental Protection Agency specified in 40 CFR part 262.
    Hazmat employee means a person who is employed by a hazmat employer 
and who in the course of employment directly affects hazardous materials 
transportation safety. This term includes an owner-operator of a motor 
vehicle which transports hazardous materials in commerce. This term 
includes an individual, including a self-employed individual, employed 
by a hazmat employer who, during the course of employment:
    (1) Loads, unloads, or handles hazardous materials;
    (2) Manufactures, tests, reconditions, repairs, modifies, marks, or 
otherwise represents containers, drums, or packagings as qualified for 
use in the transportation of hazardous materials;
    (3) Prepares hazardous materials for transportation;
    (4) Is responsible for safety of transporting hazardous materials; 
or
    (5) Operates a vehicle used to transport hazardous materials.
    Hazmat employer means a person who uses one or more of its employees 
in connection with: transporting hazardous materials in commerce; 
causing hazardous materials to be transported or shipped in commerce; or 
representing, marking, certifying, selling, offering, manufacturing, 
reconditioning, testing, repairing, or modifying containers, drums, or 
packagings as qualified for use in the transportation of hazardous 
materials. This term includes an owner-operator of a motor vehicle which 
transports hazardous materials in commerce. This term also includes any 
department, agency, or instrumentality of the United States, a State, a 
political subdivision of a State, or an Indian tribe engaged in an 
activity described in the first sentence of this definition.
    Hermetically sealed means closed by fusion, gasketing, crimping, or 
equivalent means so that no gas or vapor can enter or escape.
    IAEA means International Atomic Energy Agency.
    IATA means International Air Transport Association.
    ICAO means International Civil Aviation Organization.
    IMO means International Maritime Organization.
    Infectious substance (etiologic agent). See Sec. 173.134 of this 
subchapter.
    Inner packaging means a packaging for which an outer packaging is 
required for transport. It does not include the inner receptacle of a 
composite packaging.
    Inner receptacle means a receptacle which requires an outer 
packaging in order to perform its containment function. The inner 
receptacle may be an inner packaging of a combination packaging or the 
inner receptacle of a composite packaging.

[[Page 87]]

    Intermediate bulk container or IBC means a rigid or flexible 
portable packaging, other than a cylinder or portable tank, which is 
designed for mechanical handling. Standards for IBCs manufactured in the 
United States are set forth in subparts N and O of part 178 of this 
subchapter.
    Intermediate packaging means a packaging which encloses an inner 
packaging or article and is itself enclosed in an outer packaging.
    Intermodal container means a freight container designed and 
constructed to permit it to be used interchangeably in two or more modes 
of transport.
    Intermodal portable tank or IM portable tank means a specific class 
of portable tanks designed primarily for international intermodal use.
    International transportation means transportation--
    (1) Between any place in the United States and any place in a 
foreign country;
    (2) Between places in the United States through a foreign country; 
or
    (3) Between places in one or more foreign countries through the 
United States.
    Irritating material. See Sec. 173.132(a)(2) of this subchapter.
    Jerrican means a metal or plastic packaging of rectangular or 
polygonal cross-section.
    Large packaging means a packaging that--
    (1) Consists of an outer packaging which contains articles or inner 
packagings;
    (2) Is designated for mechanical handling;
    (3) Exceeds 400 kg net mass or 450 liters (118.9 gallons) capacity;
    (4) Has a volume of not more than 3 m\3\ (see Sec. 178.801(i) of 
this subchapter); and
    (5) Conforms to the requirements for the construction, testing and 
marking of large packagings as specified in the UN Recommendations.
    Limited quantity, when specified as such in a section applicable to 
a particular material, means the maximum amount of a hazardous material 
for which there is a specific labeling or packaging exception.
    Liquid means a material, other than an elevated temperature 
material, with a melting point or initial melting point of 20  deg.C (68 
 deg.F) or lower at a standard pressure of 101.3 kPa (14.7 psia). A 
viscous material for which a specific melting point cannot be determined 
must be subjected to the procedures specified in ASTM D 4359 ``Standard 
Test Method for Determining Whether a Material is Liquid or Solid'' (see 
Sec. 171.7).
    Liquid phase means a material that meets the definition of liquid 
when evaluated at the higher of the temperature at which it is offered 
for transportation or at which it is transported, not at the 37.8  deg.C 
(100  deg.F) temperature specified in ASTM D 4359-84.
    Magazine vessel means a vessel used for the receiving, storing, or 
dispensing of explosives.
    Magnetic material. See Sec. 173.21(d) of this subchapter.
    Marine pollutant, means a material which is listed in appendix B to 
Sec. 172.101 of this subchapter (also see Sec. 171.4) and, when in a 
solution or mixture of one or more marine pollutants, is packaged in a 
concentration which equals or exceeds:
    (1) Ten percent by weight of the solution or mixture for materials 
listed in the appendix; or
    (2) One percent by weight of the solution or mixture for materials 
that are identified as severe marine pollutants in the appendix.
    Marking means a descriptive name, identification number, 
instructions, cautions, weight, specification, or UN marks, or 
combinations thereof, required by this subchapter on outer packagings of 
hazardous materials.
    Material of trade means a hazardous material, other than a hazardous 
waste, that is carried on a motor vehicle--
    (1) For the purpose of protecting the health and safety of the motor 
vehicle operator or passengers;
    (2) For the purpose of supporting the operation or maintenance of a 
motor vehicle (including its auxiliary equipment); or
    (3) By a private motor carrier (including vehicles operated by a 
rail carrier) in direct support of a principal business that is other 
than transportation by motor vehicle.

[[Page 88]]

    Material poisonous by inhalation means:
    (1) A gas meeting the defining criteria in Sec. 173.115(c) of this 
subchapter and assigned to Hazard Zone A, B, C, or D in accordance with 
Sec. 173.116(a) of this subchapter;
    (2) A liquid (other than as a mist) meeting the defining criteria in 
Sec. 173.132(a)(1)(iii) of this subchapter and assigned to Hazard Zone A 
or B in accordance with Sec. 173.133(a) of this subchapter; or
    (3) Any material identified as an inhalation hazard by a special 
provision in column 7 of the Sec. 172.101 table.
    MAWP means maxumum allowable working pressure.
    Maximum capacity means the maximum inner volume of receptacles or 
packagings.
    Maximum net mass means the allowable maximum net mass of contents in 
a single packaging, or as used in subpart M of part 178 of this 
subchapter, the maximum combined mass of inner packaging, and the 
contents thereof.
    Metered delivery service means a cargo tank unloading operation 
conducted at a metered flow rate of 378.5 L (100 gallons) per minute or 
less through an attached delivery hose with a nominal inside diameter of 
3.175 cm (1\1/4\ inches) or less.
    Miscellaneous hazardous material. See Sec. 173.140 of this 
subchapter.
    Mixture means a material composed of more than one chemical compound 
or element.
    Mode means any of the following transportation methods; rail, 
highway, air, or water.
    Motor vehicle includes a vehicle, machine, tractor, trailer, or 
semitrailer, or any combination thereof, propelled or drawn by 
mechanical power and used upon the highways in the transportation of 
passengers or property. It does not include a vehicle, locomotive, or 
car operated exclusively on a rail or rails, or a trolley bus operated 
by electric power derived from a fixed overhead wire, furnishing local 
passenger transportation similar to street-railway service.
    Name of contents means the proper shipping name as specified in 
Sec. 172.101 of this subchapter.
    Navigable waters means, for the purposes of this subchapter, waters 
of the United States, including the territorial seas.
    Non-bulk packaging means a packaging which has:
    (1) A maximum capacity of 450 L (119 gallons) or less as a 
receptacle for a liquid;
    (2) A maximum net mass of 400 kg (882 pounds) or less and a maximum 
capacity of 450 L (119 gallons) or less as a receptacle for a solid; or
    (3) A water capacity of 454 kg (1000 pounds) or less as a receptacle 
for a gas as defined in Sec. 173.115 of this subchapter.
    Nonflammable gas. See Sec. 173.115 of this subchapter.
    N.O.S. means not otherwise specified.
    N.O.S. description means a shipping description from the 
Sec. 172.101 table which includes the abbreviation n.o.s.
    NPT means an American Standard taper pipe thread conforming to 
requirements of Federal Standard H28, part II, section VII. See 
Sec. 171.7.
    NRC (non-reusable container) means a packaging (container) whose 
reuse is restricted in accordance with the provisions of Sec. 173.28 of 
this subchapter.
    Occupied caboose means a rail car being used to transport non-
passenger personnel.
    Officer in Charge, Marine Inspection means a person from the 
civilian or military branch of the Coast Guard designated as such by the 
Commandant and who under the supervision and direction of the Coast 
Guard District Commander is in charge of a designated inspection zone 
for the performance of duties with respect to the enforcement and 
administration of title 52, Revised Statutes, acts amendatory thereof or 
supplemental thereto, rules and regulations thereunder, and the 
inspection required thereby.
    Offshore supply vessel means a cargo vessel of less than 500 gross 
tons that regularly transports goods, supplies or equipment in support 
of exploration or production of offshore mineral or energy resources.
    Operator means a person who controls the use of an aircraft, vessel, 
or vehicle.
    Organic peroxide. See Sec. 173.128 of this subchapter.

[[Page 89]]

    ORM means other regulated material. See Sec. 173.144 of this 
subchapter.
    Outage or ullage means the amount by which a packaging falls short 
of being liquid full, usually expressed in percent by volume.
    Outer packaging means the outermost enclosure of a composite or 
combination packaging together with any absorbent materials, cushioning 
and any other components necessary to contain and protect inner 
receptacles or inner packagings.
    Overpack, except as provided in subpart K of part 178 of this 
subchapter, means an enclosure that is used by a single consignor to 
provide protection or convenience in handling of a package or to 
consolidate two or more packages. Overpack does not include a transport 
vehicle, freight container, or aircraft unit load device. Examples of 
overpacks are one or more packages:
    (1) Placed or stacked onto a load board such as a pallet and secured 
by strapping, shrink wrapping, stretch wrapping, or other suitable 
means; or
    (2) Placed in a protective outer packaging such as a box or crate.
    Oxidizer. See Sec. 173.127 of this subchapter.
    Oxidizing gas means a gas which may, generally by providing oxygen, 
cause or contribute to the combustion of other material more than air 
does.
    Oxygen generator (chemical) means a device containing chemicals that 
upon activation release oxygen as a product of chemical reaction.
    Package or Outside Package means a packaging plus its contents. For 
radioactive materials, see Sec. 173.403 of this subchapter.
    Packaging means a receptacle and any other components or materials 
necessary for the receptacle to perform its containment function in 
conformance with the minimum packing requirements of this subchapter. 
For radioactive materials packaging, see Sec. 173.403 of this 
subchapter.
    Packing group means a grouping according to the degree of danger 
presented by hazardous materials. Packing Group I indicates great 
danger; Packing Group II, medium danger; Packing Group III, minor 
danger. See Sec. 172.101(f) of this subchapter.
    Passenger (With respect to vessels and for the purposes of part 176 
only) means a person being carried on a vessel other than:
    (1) The owner or his representative;
    (2) The operator;
    (3) A bona fide member of the crew engaged in the business of the 
vessel who has contributed no consideration for his carriage and who is 
paid for his services; or
    (4) A guest who has not contributed any consideration directly or 
indirectly for his carriage.
    Passenger-carrying aircraft means an aircraft that carries any 
person other than a crewmember, company employee, an authorized 
representative of the United States, or a person accompanying the 
shipment.
    Passenger vessel means--
    (1) A vessel subject to any of the requirements of the International 
Convention for the Safety of Life at Sea, 1974, which carries more than 
12 passengers;
    (2) A cargo vessel documented under the laws of the United States 
and not subject to that Convention, which carries more than 16 
passengers;
    (3) A cargo vessel of any foreign nation that extends reciprocal 
privileges and is not subject to that Convention and which carries more 
than 16 passengers; and
    (4) A vessel engaged in a ferry operation and which carries 
passengers.
    Person means an individual, firm, copartnership, corporation, 
company, association, or joint-stock association (including any trustee, 
receiver, assignee, or similar representative); or a government or 
Indian tribe (or an agency or instrumentality of any government or 
Indian tribe) that transports a hazardous material to further a 
commercial enterprise or offers a hazardous material for transportation 
in commerce. Person does not include the following:
    (1) The United States Postal Service.
    (2) Any agency or instrumentality of the Federal government, for the 
purposes of 49 U.S.C. 5123 (civil penalties) and 5124 (criminal 
penalties.).
    (3)Any government or Indian tribe (or an agency or instrumentality 
of any government or Indian tribe) that

[[Page 90]]

transports hazardous material for a governmental purpose.
    Placarded car means a rail car which is placarded in accordance with 
the requirements of part 172 of this subchapter.
    Poisonous gas. See Sec. 173.115 of this subchapter.
    Poisonous materials. See Sec. 173.132 of this subchapter.
    Portable tank means a bulk packaging (except a cylinder having a 
water capacity of 1000 pounds or less) designed primarily to be loaded 
onto, or on, or temporarily attached to a transport vehicle or ship and 
equipped with skids, mountings, or accessories to facilitate handling of 
the tank by mechanical means. It does not include a cargo tank, tank 
car, multi-unit tank car tank, or trailer carrying 3AX, 3AAX, or 3T 
cylinders.
    Preferred route or Preferred highway is a highway for shipment of 
highway route controlled quantities of radioactive materials so 
designated by a State routing agency, and any Interstate System highway 
for which an alternative highway has not been designated by such State 
agency as provided by Sec. 397.103 of this title.
    Primary hazard means the hazard class of a material as assigned in 
the Sec. 172.101 table.
    Private track or Private siding means track located outside of a 
carrier's right-of-way, yard, or terminals where the carrier does not 
own the rails, ties, roadbed, or right-of-way and includes track or 
portion of track which is devoted to the purpose of its user either by 
lease or written agreement, in which case the lease or written agreement 
is considered equivalent to ownership.
    Proper shipping name means the name of the hazardous material shown 
in Roman print (not italics) in Sec. 172.101 of this subchapter.
    Psi means pounds per square inch.
    Psia means pounds per square inch absolute.
    Psig means pounds per square inch gauge.
    Public vessel means a vessel owned by and being used in the public 
service of the United States. It does not include a vessel owned by the 
United States and engaged in a trade or commercial service or a vessel 
under contract or charter to the United States.
    Pyrophoric liquid. See Sec. 173.124(b) of this subchapter.
    Radioactive materials. See Sec. 173.403 of this subchapter for 
definitions relating to radioactive materials.
    Rail car means a car designed to carry freight or non-passenger 
personnel by rail, and includes a box car, flat car, gondola car, hopper 
car, tank car, and occupied caboose.
    Railroad means a person engaged in transportation by rail.
    Receptacle means a containment vessel for receiving and holding 
materials, including any means of closing.
    Registered Inspector means a person registered with the Department 
in accordance with subpart F of part 107 of this chapter who has the 
knowledge and ability to determine whether a cargo tank conforms with 
the applicable DOT specification. In addition, Registered Inspector 
means a person who meets, at a minimum, any one of the following:
    (1) Has an engineering degree and one year of work experience.
    (2) Has an associate degree in engineering and two years of work 
experience.
    (3) Has a high school diploma (or General Equivalency Diploma) and 
three years of work experience.
    (4) Has at least three years experience in performing the duties of 
a Registered Inspector by September 1, 1991, and was registered with the 
Department by December 31, 1995.
    Regulated medical waste. See Sec. 173.134 of this subchapter.
    Reportable quantity (RQ) for the purposes of this subchapter means 
the quantity specified in column 2 of the appendix to Sec. 172.101 for 
any material identified in column 1 of the appendix.
    Research means investigation or experimentation aimed at the 
discovery of new theories or laws and the discovery and interpretation 
of facts or revision of accepted theories or laws in the light of new 
facts.
    Residue means the hazardous material remaining in a packaging, 
including a tank car, after its contents have been unloaded to the 
maximum extent practicable and before the packaging is either refilled 
or cleaned of hazardous

[[Page 91]]

material and purged to remove any hazardous vapors.
    RSPA means the Research and Special Programs Administration, U.S. 
Department of Transportation, Washington, DC 20590.
    SADT means self-accelerated decomposition temperature. See 
Sec. 173.21(f) of this subchapter.
    Salvage packaging means a special packaging conforming to Sec. 173.3 
of this subchapter into which damaged, defective or leaking hazardous 
materials packages, or hazardous materials that have spilled or leaked, 
are placed for purposes of transport for recovery or disposal.
    SCF (standard cubic foot) means one cubic foot of gas measured at 60 
 deg.F. and 14.7 psia.
    Self-defense spray means an aerosol or non-pressurized device that:
    (1) Is intended to have an irritating or incapacitating effect on a 
person or animal; and
    (2) Meets no hazard criteria other than for Class 9 (for example, a 
pepper spray; see Sec. 173.140(a) of this subchapter) and, for an 
aerosol, Division 2.1 or 2.2 (see Sec. 173.115 of this subchapter), 
except that it may contain not more than two percent by mass of a tear 
gas substance (e.g., chloroacetophenone (CN) or 0-
chlorobenzylmalonitrile (CS); see Sec. 173.132(a)(2) of this 
subchapter.)
    Sheathing means a covering consisting of a smooth layer of wood 
placed over metal and secured to prevent any movement.
    Shipping paper means a shipping order, bill of lading, manifest or 
other shipping document serving a similar purpose and containing the 
information required by Secs. 172.202, 172.203 and 172.204.
    Siftproof packaging means a packaging impermeable to dry contents, 
including fine solid material produced during transportation.
    Single packaging means a non-bulk packaging other than a combination 
packaging.
    Solid means a material which is not a gas or a liquid.
    Solution means any homogeneous liquid mixture of two or more 
chemical compounds or elements that will not undergo any segregation 
under conditions normal to transportation.
    Specification packaging means a packaging conforming to one of the 
specifications or standards for packagings in part 178 or part 179 of 
this subchapter.
    Spontaneously combustible material. See Sec. 173.124(b) of this 
subchapter.
    Stabilized means that the hazardous material is in a condition that 
precludes uncontrolled reaction. This may be achieved by methods such as 
adding an inhibiting chemical, degassing the hazardous material to 
remove dissolved oxygen and inerting the air space in the package, or 
maintaining the hazardous material under temperature control.
    State means a State of the United States, the District of Columbia, 
the Commonwealth of Puerto Rico, the Commonwealth of the Northern 
Mariana Islands, the Virgin Islands, American Samoa, Guam, or any other 
territory or possession of the United States designated by the 
Secretary.
    State-designated route means a preferred route selected in 
accordance with U.S. DOT ``Guidelines for Selecting Preferred Highway 
Routes for Highway Route Controlled Quantities of Radioactive 
Materials'' or an equivalent routing analysis which adequately considers 
overall risk to the public.
    Stowage means the act of placing hazardous materials on board a 
vessel.
    Strong outside container means the outermost enclosure which 
provides protection against the unintentional release of its contents 
under conditions normally incident to transportation.
    Subsidiary hazard means a hazard of a material other than the 
primary hazard. (See primary hazard).
    Table in Sec. 172.101 or Sec. 172.101 table means the Hazardous 
Materials Table in Sec. 172.101 of this subchapter.
    Technical name means a recognized chemical name or microbiological 
name currently used in scientific and technical handbooks, journals, and 
texts. Generic descriptions are authorized for use as technical names 
provided they readily identify the general chemical group, or 
microbiological group. Examples of acceptable generic

[[Page 92]]

chemical descriptions are organic phosphate compounds, petroleum 
aliphatic hydrocarbons and tertiary amines. For proficiency testing 
only, generic microbiological descriptions such as bacteria, 
mycobacteria, fungus, and viral samples may be used. Except for names 
which appear in subpart B of part 172 of this subchapter, trade names 
may not be used as technical names.
    TOFC means trailer-on-flat-car.
    Top shell means the tank car tank surface, excluding the head ends 
and bottom shell of the tank car tank.
    Trailership means a vessel, other than a carfloat, specifically 
equipped to carry motor transport vehicles and fitted with installed 
securing devices to tie down each vehicle. The term trailership includes 
Roll-on/Roll-off (RO/RO) vessels.
    Train means one or more engines coupled with one or more rail cars, 
except during switching operations or where the operation is that of 
classifying and assembling rail cars within a railroad yard for the 
purpose of making or breaking up trains.
    Trainship means a vessel other than a rail car ferry or carfloat, 
specifically equipped to transport railroad vehicles, and fitted with 
installed securing devices to tie down each vehicle.
    Transport vehicle means a cargo-carrying vehicle such as an 
automobile, van, tractor, truck, semitrailer, tank car or rail car used 
for the transportation of cargo by any mode. Each cargo-carrying body 
(trailer, rail car, etc.) is a separate transport vehicle.
    UFC means Uniform Freight Classification.
    UN means United Nations.
    UN portable tank means a intermodal tank having a capacity of more 
than 450 liters (118.9 gallons). It includes a shell fitted with service 
equipment and structural equipment, including stabilizing members 
external to the shell and skids, mountings or accessories to facilitate 
mechanical handling. A UN portable tank must be capable of being filled 
and discharged without the removal of its structural equipment and must 
be capable of being lifted when full. Cargo tanks, rail tank car tanks, 
non-metallic tanks, non-specification tanks, bulk bins, and IBCs and 
packagings made to cylinder specifications are not UN portable tanks.
    UN Recommendations means the UN Recommendations on the Transport of 
Dangerous Goods.
    UN standard packaging means a packaging conforming to standards in 
the UN Recommendations.
    Unit load device means any type of freight container, aircraft 
container, aircraft pallet with a net, or aircraft pallet with a net 
over an igloo.
    United States means a State of the United States, the District of 
Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the 
Northern Mariana Islands, the Virgin Islands, American Samoa, Guam, or 
any other territory or possession of the United States designated by the 
Secretary.
    Vessel includes every description of watercraft, used or capable of 
being used as a means of transportation on the water.
    Viscous liquid means a liquid material which has a measured 
viscosity in excess of 2500 centistokes at 25  deg.C. (77  deg.F.) when 
determined in accordance with the procedures specified in ASTM Method D 
445-72 ``Kinematic Viscosity of Transparent and Opaque Liquids (and the 
Calculation of Dynamic Viscosity)'' or ASTM Method D 1200-70 ``Viscosity 
of Paints, Varnishes, and Lacquers by Ford Viscosity Cup.''
    Volatility refers to the relative rate of evaporation of materials 
to assume the vapor state.
    Water reactive material. See Sec. 173.124(c) of this subchapter.
    Water resistant means having a degree of resistance to permeability 
by and damage caused by water in liquid form.
    Wooden barrel means a packaging made of natural wood, of round 
cross-section, having convex walls, consisting of staves and heads and 
fitted with hoops.
    W.T. means watertight.

[Amdt. 171-32, 41 FR 15994, Apr. 15, 1976]

    Editorial Note: For Federal Register citations affecting Sec. 171.8, 
see the List of CFR Sections Affected which appears in the Finding Aids 
section of the printed volume and on GPO Access.

    Effective Date Note: At 67 FR 53133, Aug. 14, 2002, Sec. 171.8 was 
amended by adding definitions in alphabetical order, effective Oct. 1,

[[Page 93]]

2002. At 67 FR 54967, Aug. 27, 2002, the effective date was corrected to 
Feb. 14, 2003. For the convenience of the user, the added text is set 
forth as follows:

Sec. 171.8  Definitions and abbreviations.

                                * * * * *

    Biological product. See Sec. 173.134 of this subchapter.

                                * * * * *

    Cultures and stocks. See Sec. 173.134 of this subchapter.

                                * * * * *

    Diagnostic specimen. See Sec. 173.134 of this subchapter.

                                * * * * *

    Risk group. See Sec. 173.134 of this subchapter.

                                * * * * *

    Sharps. See Sec. 173.134 of this subchapter.

                                * * * * *

    Toxin. See Sec. 173.134 of this subchapter.

                                * * * * *