[Code of Federal Regulations] [Title 49, Volume 2] [Revised as of October 1, 2005] From the U.S. Government Printing Office via GPO Access [CITE: 49CFR171.12] [Page 105-108] TITLE 49--TRANSPORTATION CHAPTER I--PIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION, DEPARTMENT OF TRANSPORTATION PART 171_GENERAL INFORMATION, REGULATIONS, AND DEFINITIONS--Table of Contents Sec. 171.12 Import and export shipments. (a) Importer's responsibility. Except in the case of a shipment from Canada conforming to Sec. 171.12a of this subchapter, each person importing a hazardous material into the United States shall provide the shipper and the forwarding agent at the place of entry into the United States timely and complete information as to the requirements of this subchapter that will apply to the shipment of the material within the United States. The shipper, directly or through the forwarding agent at the place of entry, shall provide the initial carrier in the United States the certificate of compliance required by Sec. 172.204 of this subchapter. The carrier may not accept the material for transportation unless the required certification is provided. All shipping paper information required under paragraph (b) or (d) of this section must be in English. (b) IMDG Code. The IMDG Code (IBR, see Sec. 171.7) sets forth descriptions, classifications, packagings, labeling and vessel stowage requirements. Notwithstanding the provisions of this subchapter, a material that is packaged, marked, classed, labeled, placarded, described, stowed and segregated, and certified (including a container packing certification, if applicable) in accordance with the IMDG Code, and otherwise conforms to the requirements of this section, may be offered and accepted for transportation and transported within the United States. The following conditions and limitations apply: (1) The provisions of this paragraph (b) apply only if all or part of the transportation is by vessel. (2) A number of materials listed in the IMDG Code are not subject to the requirements of this subchapter. The provisions of this subchapter do not apply to materials listed in the IMDG Code which are not designated as hazardous materials under this subchapter. These materials may, however, be transported in the U.S. when described, marked and labeled in accordance with the IMDG Code. (3) A material that is designated as a hazardous material under this subchapter, but is not subject to the requirements of the IMDG Code (see Sec. 171.12 of this subchapter) may not be transported under the provisions of this section and is subject to the requirements of this subchapter. Examples of such materials include flammable gas powered vehicles and combustible liquids. (4) A forbidden material or package according to Sec. 173.21 of this subchapter or column 3 of the Sec. 172.101 table may not be transported under the provisions of this section. (5) Except for IBCs and UN portable tanks intended for liquids or solids, bulk packagings must conform to the requirements of this subchapter. For UN portable tanks, Special Provisions TP37, TP38, TP44 and TP45 must be met when applicable. Except as specified in paragraph (b)(8) of this section [[Page 106]] for a material poisonous (toxic) by inhalation (see Sec. 171.8 of this subchapter), the T Codes specified for specific hazardous materials in Column 13 of the Dangerous Goods List of the IMDG Code may be applied to the transportation of those materials in IM, IMO and DOT Specification 51 portable tanks when these portable tanks are authorized in accordance with the requirements of this subchapter. (6) For export, packagings must conform to the applicable requirements in Sec. Sec. 173.24, 173.24a and 173.28 of this subchapter. (7) A Class 1 material must be classed and approved under the procedures in subpart C of part 173 of this subchapter and conform to the requirements of Sec. 172.320 and part 176 of this subchapter. (8) When a hazardous material, which is subject to the requirements of the IMDG Code, is a material poisonous by inhalation (see Sec. 171.8 of this subchapter)-- (i) The shipping description must include the words ``Toxic Inhalation Hazard'' or ``Poison-Inhalation Hazard'' or ``Inhalation Hazard'', as required in Sec. 172.203(m) of this subchapter; (ii) The material must be packaged in accordance with the requirements of this subchapter; (iii) The package must be marked in accordance with Sec. 172.313 of this subchapter; (iv) Except as provided in paragraph (b)(8)(v) of this section, the package must be labeled or placarded POISON GAS or POISON INHALATION HAZARD, as appropriate, in accordance with subparts E and F of this subchapter; (v) A label or placard that conforms to IMDG Code specifications for a ``Class 2.3'' or ``Class 6.1'' label or placard may be substituted for the POISON GAS or POISON INHALATION HAZARD label or placard required by paragraph (b)(8)(iv) of this section on a package transported in a closed transport vehicle or freight container. The transport vehicle or freight container must be marked with identification numbers for the hazardous material, regardless of the total quantity contained in the transport vehicle or freight container, in the manner specified in Sec. 172.313(c) of this subchapter and placarded as required by subpart F of this subchapter; (vi) A package, freight container, or transport vehicle may be placarded in conformance with IMDG Code placard specifications for ``Class 2.3'' or ``Class 6.1'', as appropriate, in place of the POISON GAS or POISON INHALATION HAZARD placard required by paragraph (b)(8)(iv) of this section when moving within a single port area, including contiguous harbor. (9) Class 7 materials must conform to the provisions of paragraph (d) of this section. (10) For a hazardous waste, as defined in this subchapter-- (i) The word ``Waste'' must precede the proper shipping name on shipping papers and packages; and (ii) The requirements of Sec. 172.205 of this subchapter with respect to hazardous waste manifests are applicable. (11) A hazardous substance as defined in this subchapter must conform to the requirements of Sec. Sec. 172.203(c) and 172.324 of this subchapter. (12) A poisonous material must conform to the requirements of Sec. 172.203(m) of this subchapter. (13) [Reserved] (14) Any ammonium nitrate fertilizer or ammonium nitrate mixed fertilizer must not meet the definition and criteria of a Class 1 (explosive) material. (15) Cylinders not manufactured to a DOT specification must conform to the requirements of Sec. 173.301(j) through (m) of this subchapter or, for Canadian manufactured cylinders, to the requirements of Sec. 171.12a(b)(13). (16) Shipments of hazardous materials under this section must conform to the requirements for emergency response information as prescribed in subpart G of part 172 of this subchapter. (17) Except as provided for limited quantities of compressed gases in containers of not more than 4 fluid ounces capacity under Sec. 173.306(a)(1) of this subchapter, aerosols must meet the definition for ``Aerosol'' in Sec. 171.8. (18) A chemical oxygen generator must be approved in accordance with the requirements of this subchapter. A chemical oxygen generator and a chemical oxygen generator (spent) [[Page 107]] must be classed, described and packaged in accordance with the requirements of this subchapter. (19) For air bag inflators, air bag modules, or seat-belt pretensioners, the shipping paper description must conform to the requirements of Sec. 173.166(c) of this subchapter. (20) A self-reactive substance that is not identified by technical name in the Self-Reactive Materials Table in Sec. 173.224(b) of this subchapter must be approved by the Associate Administrator in accordance with the requirements of Sec. 173.124(a)(2)(iii) of this subchapter. An organic peroxide that is not identified by a technical name in any of the organic peroxide tables found in Sec. 173.225 of this subchapter must be approved by the Associate Administrator in accordance with the requirements of Sec. 173.128(d) of this subchapter. (21) No person may offer an IM or UN portable tank containing liquid hazardous materials of Class 3, PG I or II, or PG III with a flash point less than 100 [deg]F (38 [deg]C); Division 5.1, PG I or II; or Division 6.1, PG I or II, for unloading while it remains on a transport vehicle with the motive power unit attached, unless it conforms to the requirements in Sec. 177.834(o) of this subchapter. (22) Except for primary lithium batteries and cells, packagings containing primary lithium batteries and cells that meet the exceptions in Sec. 173.185(b) and (c) of this subchapter must be marked ``PRIMARY LITHIUM BATTERIES--FORBIDDEN FOR TRANSPORT ABOARD PASSENGER AIRCRAFT''. (c) Use of IMDG Code in port areas. Section 171.2 notwithstanding, a hazardous material (other than Division 1.1 or 1.2 or Class 7) being imported into or exported from the United States or passing through the United States in the course of being shipped between places outside the United States may be offered and accepted for transportation and transported by motor vehicle within a single port area (including contiguous harbors) when packaged, marked, classed, labeled, stowed and segregated in accordance with the IMDG Code, if the hazardous material is offered and accepted in accordance with the requirements of subparts C and F of part 172 of this subchapter pertaining to shipping papers and placarding and otherwise conforms to the applicable requirements of part 176 of this subchapter. The requirement in Sec. 172.201(d) of this subchapter for an emergency telephone number does not apply to shipments made in accordance with the IMDG Code if the hazardous material: (1) Is not offloaded from the vessel; (2) Is offloaded between ocean vessels at a U.S. port facility without being transported by public highway. (d) Use of International Atomic Energy Agency (IAEA) regulations for Class 7 (radioactive) materials. Class 7 (radioactive) materials being imported into or exported from the United States, or passing through the United States in the course of being shipped between places outside the United States, may be offered and accepted for transportation when packaged, marked, labeled, and otherwise prepared for shipment in accordance with IAEA ``Regulations for the Safe Transport of Radioactive Material,'' No. TS-R-1 1996 edition (IBR, see Sec. 171.7), if-- (1) Highway route controlled quantities (see Sec. 173.403 of this subchapter) are shipped in accordance with Sec. Sec. 172.203(d)(4), 172.507 and 173.22(c) of this subchapter; (2) For fissile materials and Type B packages, the competent authority certification and any necessary revalidation is obtained from the appropriate competent authorities as specified in Sec. Sec. 173.471, 173.472 and 173.473 of this subchapter and all requirements of the certificates and revalidations are met; (3) Type A package contents are limited in accordance with Sec. 173.431 of this subchapter; (4) The country of origin for the shipment has adopted, No. TS-R-1 of the IAEA ``Regulations for the Safe Transport of Radioactive Material,'' 1996 edition; (5) The requirements of Sec. 173.448 are fulfilled, when applicable; and (6) Shipments comply with the requirements for emergency response information prescribed in subpart G of part 172 of this subchapter. (e) Shipments to or from Mexico. Unless otherwise excepted, hazardous materials shipments from Mexico to the [[Page 108]] United States or from the United States to Mexico must conform to all applicable requirements of this subchapter. When a hazardous material that is a material poisonous by inhalation (see Sec. 171.8) is transported by highway or rail from Mexico to the United States, or from the United States to Mexico, the following requirements apply: (1) The shipping description must include the words ``Toxic Inhalation Hazard'' or ``Poison-Inhalation Hazard'' or ``Inhalation Hazard'', as required in Sec. 172.203(m) of this subchapter. (2) The material must be packaged in accordance with requirements of this subchapter. (3) The package must be marked in accordance with Sec. 172.313 of this subchapter. (4) Except as provided in paragraph (e)(5) of this section, the package must be labeled or placarded POISON GAS or POISON INHALATION HAZARD, as appropriate, in accordance with subparts E and F of this subchapter. (5) A label or placard that conforms to the UN Recommendations (IBR, see Sec. 171.7) specifications for a ``Division 2.3'' or ``Division 6.1'' label or placard may be substituted for the POISON GAS or POISON INHALATION HAZARD label or placard required by Sec. Sec. 172.400(a) and 172.504(e) of this subchapter on a package transported in a closed transport vehicle or freight container. The transport vehicle or freight container must be marked with identification numbers for the material, regardless of the total quantity contained in the transport vehicle or freight container, in the manner specified in Sec. 172.313(c) of this subchapter and placarded as required by subpart F of this subchapter. [Amdt. 171-111, 55 FR 52472, Dec. 21, 1990] Editorial Note: For Federal Register citations affecting Sec. 171.12, see the List of CFR Sections Affected which appears in the Finding Aids section of the printed volume and on GPO Access.