[Code of Federal Regulations] [Title 49, Volume 2] [Revised as of October 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 49CFR171.14] [Page 111-113] TITLE 49--TRANSPORTATION CHAPTER I--RESEARCH AND SPECIAL PROGRAMS ADMINISTRATION, DEPARTMENT OF TRANSPORTATION PART 171_GENERAL INFORMATION, REGULATIONS, AND DEFINITIONS--Table of Contents Sec. 171.14 Transitional provisions for implementing certain requirements. General. The purpose of the provisions of this section is to provide an orderly transition to certain new requirements so as to minimize any burdens associated with them. (a) Previously filled packages--(1) Packages filled prior to October 1, 1991. Notwithstanding the marking and labeling provisions of subparts D and E, respectively, of part 172, and the packaging provisions of part 173 and subpart B of part 172 of this subchapter, a package may be offered for transportation and transported prior to October 1, 2001, if it-- (i) Conforms to the old requirements of this subchapter in effect on September 30, 1991; (ii) Was filled with a hazardous material prior to October 1, 1991; (iii) Is marked ``Inhalation Hazard'' if appropriate, in accordance with Sec. 172.313 of this subchapter or Special Provision 13, as assigned in the Sec. 172.101 table; and (iv) Is not emptied and refilled on or after October 1, 1991. (2) Non-bulk packages filled prior to October 1, 1996. Notwithstanding the packaging provisions of subpart B of part 172 and the packaging provisions of part 173 of this subchapter with respect to UN standard packagings, a non-bulk package other than a cylinder may be offered for transportation and transported domestically prior to October 1, 1999, if it-- (i) Conforms to the requirements of this subchapter in effect on September 30, 1996; (ii) Was filled with a hazardous material prior to October 1, 1996; and (iii) Is not emptied and refilled on or after October 1, 1996. (b) Transitional placarding provisions. Until October 1, 2001, placards which conform to specifications for placards in effect on September 30, 1991, or placards specified in the December 21, 1990 final rule may be used, for highway transportation only, in place of the placards specified in subpart F of part 172 of this subchapter, in accordance with the following table: Placard Substitution Table ------------------------------------------------------------------------ Current placard Old (Sept. 30, 1991) Hazard class or division No. name placard name ------------------------------------------------------------------------ Division 1.1................. Explosives 1.1. Explosives A. Division 1.2................. Explosives 1.2. Explosives A. Division 1.3................. Explosives 1.3. Explosives B. Division 1.4................. Explosives 1.4. Dangerous. Division 1.5................. Explosives 1.5. Blasting agents. Division 1.6................. Explosives 1.6. Dangerous. Division 2.1................. Flammable gas.. Flammable gas. Division 2.2................. Nonflammable Nonflammable gas. gas. Division 2.3\1\.............. Poison gas..... Poison gas. Class 3...................... Flammable...... Flammable. Combustible liquid........... Combustible.... Combustible. Division 4.1................. Flammable solid Flammable solid. Division 4.2................. Spontaneously Flammable solid. combustible. Division 4.3................. Dangerous when Flammable solid W. wet. Division 5.1................. Oxidizer....... Oxidizer. Division 5.2................. Organic Organic peroxide. peroxide. Division 6.1, (inhalation Poison Poison. hazard, Zone A or B)\1\. inhalation hazard. [[Page 112]] Division 6.1, PG I (other Posion......... Poison. than Zone A or B inhalation hazard), PG II, or PG III. Class 7...................... Radioactive.... Radioactive. Class 8...................... Corrosive...... Corrosive. Class 9...................... Class 9........ (none required). ------------------------------------------------------------------------ \1\ For materials poisonous by inhalation, by all modes of transportation, until October 1, 2001, placards may be used that conform to specifications for placards (1) in effect on September 30, 1991, (2) specified in the December 21, 1990 final rule, or (3) specified in the July 22, 1997 final rule. (c) Non-specification fiber drums. A non-specification fiber drum with a removable head is authorized for a liquid hazardous material in Packing Group III that is not poisonous by inhalation for which the packaging was authorized under the requirements of part 172 or part 173 of this subchapter in effect on September 30, 1991. This authorization expires on the date on which funds are authorized to be appropriated to carry out chapter 51 of title 49, United States Code (related to transportation of hazardous materials), for fiscal years beginning after September 30, 1997. Information concerning this funding authorization date may be obtained by contacting the Office of the Associate Administrator. (d) A final rule published in the Federal Register on July 31, 2003, effective October 1, 2003, as amended in a final rule published in the Federal Register on June 22, 2004, effective June 22, 2004, resulted in revisions to this subchapter. During the transition period, until October 1, 2004, as provided in paragraph (d)(1) of this section, a person may elect to comply with the applicable requirements of this subchapter in effect on September 30, 2003. (1) Transition dates. The effective date of the final rule published on July 31, 2003 is October 1, 2003 and the effective date of the final rule published on June 22, 2004 is June 22, 2004. Delayed compliance is authorized until October 1, 2004. Unless otherwise specified, on October 1, 2004, all applicable regulatory requirements adopted in these final rules must be met. (2) Intermixing old and new requirements. Marking, labeling, placarding, and shipping paper descriptions must conform to either the old requirements of this subchapter in effect on September 30, 2003, or the new requirements of this subchapter in this final rule without intermixing communication elements, except that intermixing is permitted during the applicable transition period for packaging, hazard communication, and handling provisions, as follows: (i) If either shipping names or identification numbers are identical, a shipping paper may display the old shipping description even if the package is marked and labeled under the new shipping description; (ii) If either shipping names or identification numbers are identical, a shipping paper may display the new shipping description even if the package is marked and labeled under the old shipping description; and (iii) Either old or new placards may be used regardless of whether old or new shipping descriptions and package markings are used. (3) Until October 1, 2003, the KEEP AWAY FROM FOOD labeling and placarding requirements in effect on September 30, 1999, may continue to be used in place of the new requirements for Division 6.1, Packing Group III materials. (4) Until January 1, 2010, a hazardous material may be transported in an IM, IMO, or DOT Specification 51 portable tank in accordance with the T Codes (Special Provisions) assigned to a hazardous material in Column (7) of the Sec. 172.101 Table in effect on September 30, 2001. (5) Proper shipping names that included the word ``inhibited'' prior to the June 21, 2001 final rule in effect on October 1, 2001 are authorized on packagings and shipping papers in place of the word ``stabilized'' until October 1, 2007. Proper shipping names that included the word ``compressed'' prior to [[Page 113]] the final rule published on July 31, 2003 and effective on October 1, 2003 may continue to be shown on packagings and shipping papers until October 1, 2007. (6) Section 172.202(a)(6) requires the number and types of packages to be indicated on shipping papers. Until October 1, 2007, a person may elect to comply with the requirements for the number and type of packages in effect on September 30, 2003. (7) Except for transport by vessel, the non-mandatory shipping paper provision to include the subsidiary hazard class or division number in accordance with Sec. 172.202(a)(2), in effect on September 30, 2003, is authorized until October 1, 2005. (8) Until October 1, 2005, proper shipping names that did not identify specific isomers by numbers or letters preceding the chemical name prior to the final rule published on July 31, 2003 and effective on October 1, 2003, may continue to be marked on packagings and are authorized on shipping papers in place of the proper shipping names revised in the July 31, 2003 final rule. (e) A Division 6.2 label conforming to specifications in Sec. 172.432 of this subchapter in effect on September 30, 2002, may be used until October 1, 2005. (f) 49 CFR 175.33 sets out requirements regarding the availability of information for hazardous materials transported by aircraft. Until April 1, 2005, a person may elect to comply with either the applicable requirements of 49 CFR 175.33 in effect on September 30, 2003, and contained in 49 CFR Part 175 revised as of October 1, 2002, or the requirements of that section contained in 49 CFR Part 175 revised as of October 1, 2003. On April 1, 2005, all applicable regulatory requirements in 49 CFR 175.33 in effect on October 1, 2003 must be met. [Amdt. 171-131, 59 FR 67406, Dec. 29, 1994] Editorial Note: For Federal Register citations affecting Sec. 171.14, see the List of CFR Sections Affected which appears in the Finding Aids section of the printed volume and on GPO Access.