[Code of Federal Regulations] [Title 49, Volume 2] [Revised as of October 1, 2006] From the U.S. Government Printing Office via GPO Access [CITE: 49CFR171.12a] [Page 113-116] TITLE 49--TRANSPORTATION CHAPTER I--PIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION, DEPARTMENT OF TRANSPORTATION PART 171_GENERAL INFORMATION, REGULATIONS, AND DEFINITIONS--Table of 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. [[Page 114]] 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 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; [[Page 115]] (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 a 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 UN standard authorized by this subchapter. Unless otherwise excepted in this subchapter, a cylinder (including UN pressure receptacles) may not be transported unless; (i) The packaging is a UN pressure receptacle marked with the letters ``CAN'' for Canada as a country of manufacture or a country of approval or is a cylinder that was manufactured, inspected and tested in accordance with a DOT specification or a UN standard prescribed in part 178 of this subchapter, except that cylinders not conforming to these requirements must meet the requirements in Sec. 173.301(j), (k), (l) or (m) of this subchapter. (ii) The cylinder conforms to the applicable requirements in part 173 of this subchapter for the hazardous material involved; and (iii) For an aluminum cylinder in oxygen service used for other than aircraft parts, the cylinder openings conform to the requirements of this paragraph. For a DOT specification cylinder (e.g. DOT 3AL), the opening must be configured with straight (parallel) threads. UN pressure receptacles may have straight (parallel) or tapered threads provided the cylinder is marked with the thread type, e.g. ``17E, 25E, 18P, 25P'' and fitted with the properly marked valve. (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 [[Page 116]] 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. Effective Date Note: At 71 FR 3425, Jan. 23, 2006, Sec. 171.12a was amended by adding a new paragraph (21) to paragraph (b), effective Jan. 1, 2007. For the convenience of the user, the added text is set forth as follows: Sec. 171.12a Canadian shipments and packagings. * * * * * (b) * * * (21) Lighters and lighter refills containing Division 2.1 or Class 3 materials (see Sec. 171.8 of this subchapter) must conform to the requirements of this subchapter.