[Code of Federal Regulations]
[Title 49, Volume 2]
[Revised as of October 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 49CFR171.1]

[Page 74-75]
 
                        TITLE 49--TRANSPORTATION
 
 CHAPTER I--RESEARCH AND SPECIAL PROGRAMS ADMINISTRATION, DEPARTMENT OF 
                             TRANSPORTATION
 
PART 171_GENERAL INFORMATION, REGULATIONS, AND DEFINITIONS--Table of Contents
 
Sec.  171.1  Purpose and scope.

    (a) This subchapter prescribes requirements of the Department 
governing--
    (1) The offering of hazardous materials for transportation and 
transportation of hazardous materials in interstate, intrastate, and 
foreign commerce by rail car, aircraft, motor vehicle, and vessel 
(except as delegated at Sec.  1.46(t) of this title).
    (2) The representation that a hazardous material is present in a 
package, container, rail car, aircraft, motor vehicle, or vessel.
    (3) The manufacture, fabrication, marking, maintenance, 
reconditioning, repairing, or testing of a packaging or container which 
is represented, marked, certified, or sold for use in transportation of 
hazardous materials.
    (4) The use of terms and symbols prescribed in this subchapter for 
the marking, labeling, placarding and description of hazardous materials 
and packagings used in their transport.
    (b) Any person who, under contract with any department, agency, or 
instrumentality of the executive, legislative, or judicial branch of the 
Federal Government, transports, or causes to be transported or shipped, 
a hazardous material or manufactures, fabricates, marks, maintains, 
reconditions, repairs, or tests a package or container which is 
represented, marked, certified, or sold by such person as qualified for 
use in the transportation of a hazardous material shall be subject to 
and comply with all provisions of the Federal hazardous materials 
transportation law, all orders and regulations issued thereunder, and 
all other substantive and procedural requirements of Federal, State, and 
local governments and Indian tribes (except any such requirements that 
have been preempted by the Federal hazardous materials transportation 
law or any other Federal law), in the same manner and to the same extent 
as any person engaged in such activities that are in or affect commerce 
is subject to such provisions, orders, regulations, and requirements.
    (c) Any person who knowingly violates a requirement of the Federal 
hazardous material transportation law, an order issued thereunder, 
subchapter A, an exemption issued under subchapter A, of this 
subchapter, is liable for a civil penalty of not more than $32,500 and 
not less than $275 for each violation. (For a violation that occurred 
after January 21, 1997, and before October 1, 2003, the maximum and 
minimum civil penalties are $27,500 and $250, respectively.) When the 
violation is a continuing one and involves the transporting of hazardous 
materials or the causing of them to be transported or shipped, each day 
of the violation constitutes a separate offense. Any person who 
knowingly violates Sec.  171.2(g) of this subchapter or willfully 
violates a provision of the Federal hazardous material transportation 
law or an order or regulation issued thereunder shall be fined under 
Title 18, United States

[[Page 75]]

Code, or imprisoned for not more than 5 years, or both.

[Amdt. 171-150, 62 FR 1215, Jan. 8, 1997, as amended by Amdt. 171-152, 
62 FR 2977, Jan. 21, 1997; Amdt. 171-154, 62 FR 49566, Sept. 22, 1997; 
65 FR 58618, Sept. 29, 2000; 66 FR 45378, Aug. 28, 2001; 68 FR 52856, 
Sept. 8, 2003]