[Code of Federal Regulations] [Title 49, Volume 2] [Revised as of October 1, 2007] From the U.S. Government Printing Office via GPO Access [CITE: 49CFR171.14] [Page 110-111] TITLE 49--TRANSPORTATION CHAPTER I--PIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION, DEPARTMENT OF TRANSPORTATION PART 171_GENERAL INFORMATION, REGULATIONS, AND DEFINITIONS--Table of Contents Subpart A_Applicability, General Requirements, and North American Shipments 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) [Reserved] (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 December 29, 2006, effective January 1, 2007, resulted in revisions to this subchapter. During the transition period, until January 1, 2008, as provided in paragraph (d)(1) of this section, a person may elect to comply with either the applicable requirements of this subchapter in effect on December 31, 2006, or the requirements published in the December 29, 2006 final rule. (1) Transition dates. The effective date of the final rule published on December 29, 2006 is January 1, 2007. A delayed compliance date of January 1, 2008, is authorized. Unless otherwise specified, on and after January 1, 2008, all applicable regulatory requirements adopted in the final rule in effect on January 1, 2007, 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 December 31, 2006, or the new requirements of this subchapter in the 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; and (iii) Either old or new placards may be used regardless of whether old or [[Page 111]] new shipping descriptions, labels, and package markings are used. (3) [Reserved] (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 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)(7) 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. (e) The shipping description sequences in effect on December 31, 2006, may be used until January 1, 2013. (f) Except for transportation by highway, a Division 5.2 label and a Division 5.2 placard conforming to the specifications in Sec. Sec. 172.427 and 172.552, respectively, of this subchapter in effect on December 31, 2006, may be used until January 1, 2011. For transportation by highway, a Division 5.2 placard conforming to the specifications in Sec. 172.552 of this subchapter in effect on December 31, 2006 may be used until January 1, 2014. (g) The Class 3 and Division 6.1 classification criteria and packing group assignments in effect on December 31, 2006, may be used until January 1, 2012. [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.