[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: 49CFR171.12a]



[Page 108-110]

 

                        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. 171.12a  Canadian shipments and packagings.



    (a) Scope and applicability. This section sets forth provisions for 

the transportation by rail or highway of shipments of hazardous 

materials which conform to the regulations of the Government of Canada 

but which may differ from the requirements of this subchapter with 

regard to hazard communication, classification or packaging. Except as 

provided in paragraph (b)(5)(iv) of this section, the provisions apply 

only to shipments which originate in Canada and either terminate in the 

U.S. or transit the U.S. to a Canadian or foreign destination, and to 

the return to Canada of bulk packagings that meet the requirements of a 

DOT or UN Specification and other bulk packagings containing only 

residues of hazardous materials that were originally imported into the 

U.S. Reciprocal provisions, applicable to exports from the U.S., appear 

in the regulations of the Government of Canada.

    (b) Conditions and limitations. Notwithstanding the requirements of 

parts 172, 173, and 178 of this subchapter, and subject to the 

limitations of paragraph (a) of this section, a hazardous material that 

is classed, marked, labeled, placarded, described on a shipping paper, 

and packaged in accordance with the Transportation of Dangerous Goods 

(TDG) Regulations (IBR, see Sec. 171.7) issued by the Government of 

Canada may be offered for transportation and transported to or through 

the United States by motor vehicle or rail car. The following conditions 

and limitations apply:

    (1) A number of materials listed in the TDG Regulations may not be 

subject to the requirements of this subchapter. The provisions of this 

subchapter do not apply to materials listed in the TDG Regulations 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 TDG Regulations.

    (2) A material designated as a hazardous material under this 

subchapter which is not subject to the requirements of the TDG 

Regulations or is afforded hazard communication or packaging exceptions 

not authorized in this subchapter (e.g., paragraph 1.16 of the TDG 

Regulations excepts quantities of hazardous materials less than or equal 

to 500 kg gross transported by highway



[[Page 109]]



or rail) may not be transported under the provisions of this section.

    (3) 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.

    (4) A Class 1 material must be classed and approved under the 

procedures in subpart C of part 173 of this subchapter, and packages of 

Class 1 materials must be marked in accordance with Sec. 172.320 of 

this subchapter.

    (5) When a hazardous material, which is a material poisonous by 

inhalation under the provisions of this subchapter (see Sec. 171.8 of 

this subchapter), is subject to the requirements of the TDG 

Regulations--

    (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)(5)(v) of this section and 

for a package containing anhydrous ammonia, 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 the specifications in the 

TDG Regulations 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)(5)(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 material, regardless of quantity, in the 

manner specified in Sec. 172.313(c) of this subchapter and placarded as 

required by subpart F of this subchapter. When moving in the United 

States, the transport vehicle or freight container may also be placarded 

in accordance with the appropriate TDG regulations in addition to the 

POISON GAS or POISON INHALATION HAZARD placards required by paragraph 

(b)(5)(iv) of this section;

    (vi) For shipments of anhydrous ammonia, the shipping paper must 

contain an indication that the markings, labels and placards have been 

applied in conformance with the TDG Regulations and this paragraph 

(b)(5).

    (6) Required shipping descriptions and package markings must be in 

English. Abbreviations may not be used unless specifically authorized by 

this subchapter. Identification numbers must be preceded by ``UN'' or 

``NA''. The use of an identification number preceded by ``PIN'' is not 

authorized.

    (7) Shipments must conform to the requirements for emergency 

response information in subpart G of part 172 of this subchapter.

    (8) A Class 7 material must conform to the provisions of Sec. 

171.12(d) of this subchapter;

    (9) For 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. 172.204 of this subchapter with 

respect to the shipper's certification and Sec. 172.205 of this 

subchapter with respect to hazardous waste manifests are applicable;

    (10) 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; and

    (11) A poisonous material must conform to the requirements of Sec. 

172.203(m) of this subchapter.

    (12) 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''.

    (13) When the provisions of this subchapter require that a DOT 

specification or UN standard packaging must be used for a hazardous 

material, a packaging authorized by the TDG Regulations may be used only 

if it corresponds to the DOT specification or



[[Page 110]]



UN packaging authorized by this subchapter. Cylinders not manufactured 

to DOT specifications must conform to the requirements of Sec. 

173.301(j) through (m) of this subchapter.

    (14) Any ammonium nitrate fertilizer or ammonium nitrate mixed 

fertilizer must not meet the definition and criteria of a Class 1 

(explosive) material.

    (15) Transportation of marine pollutants, as defined in Sec. 171.8 

of this subchapter, must conform to the requirements of Sec. Sec. 

172.203(l) and 172.322 of this subchapter.

    (16) 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.

    (17) 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) must be classed, described and 

packaged in accordance with the requirements of this subchapter.

    (18) 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.

    (19) Rail and motor carriers must comply with 49 CFR 1572.9 and 49 

CFR 1572.11 to the extent those regulations apply, when transporting 

Class 1 materials.

    (20) 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.



[Amdt. 171-111, 55 FR 52473]



    Editorial Note: For Federal Register citations affecting Sec. 

171.12a, see the List of CFR Sections Affected which appears in the 

Finding Aids section of the printed volume and on GPO Access.