How to Use the Hazardous Materials Regulations

Using the Hazardous Materials Regulations – 49 CFR Parts 100 - 185

The 49 CFR Hazardous Materials Regulations must be used to determine the requirements for shipping hazardous materials in all modes of transportation (air, highway, rail and water) and should be treated like a technical or reference book. Read it carefully and always read other sections referenced. When determining compliance always use the most current HMR.

Structure of the Code of Federal Regulations - Basic outline

The Code of Federal Regulations follows the same basic outline used for most written material. Headings follow the descending order shown below:

Title: Title 49 - Transportation

Subtitle: SUBTITLE B – OTHER REGULATIONS RELATING TO TRANSPORTATION:

Chapter: CHAPTER 1: Research and Special Programs Administration, Department of Transportation

Subchapter: SUBCHAPTER C: HAZARDOUS MATERIALS REGULATIONS

Part: Part 172: Hazardous materials tables and hazardous materials communications regulations, emergency response information, and training requirements

Subpart*: Subpart D: Marking

Section*:
172.301

Paragraph*:
172.301(a)

Subparagraph*:
172.301(a)(1)

Sub-subparagraph*:
172.301(a)(1)(i)

* Listed under Parts, as needed, in descending order.

Turn to page 1 in 49 CFR Parts 100 to 185.

Notice the CFR title at the top of the page:

Title 49 – Transportation

(This book contains parts 100 to 185.)

The SUBTITLE and CHAPTER are also listed:

SUBTITLE B – OTHER REGULATIONS RELATING TO TRANSPORTATION:

CHAPTER I – Research and Special Programs Administration,

Department of Transportation………………………………………... 106

Now locate the CHAPTER I index:

CHAPTER I – RESEARCH AND SPECIAL

PROGRAMS ADMINISTRATION

DEPARTMENT OF TRANSPORTATION

Notice that SUBCHAPTER C contains the Hazardous Materials Regulations (HMR).

Rules of Construction § 171.9

Unless specifically stated otherwise:

Singular words include the plural;
Plural words include the singular;
Masculine words include the feminine;
"must" means required;
"shall" means required;
"should" means recommended, but not required;
"may" means permitted, but not required;
"includes" means includes, but not limited to; and
"no person may" means no person is required, authorized, or permitted to…

Locating CFR Reference Numbers.

Bold numbers referring to sections are at the top outside corners of each page of 49 CFR. These reference numbers have the same location and purpose as dictionary locator words at the top of each page in a dictionary. That is, the number on the top left is the reference number for the last CFR reference number on that page.

It is important to use these reference numbers rather than page numbers to locate information. The page numbers in 49 CFR are always changing because of revisions, additions, deletions, and the annual reprinting of the CFR.

Finding a specific section

A. Locate the definition of a hazard class, for example: Class 1 – Explosives.

Start by looking in §171.8
§171.8 refers you to §173.50
Use the reference numbers at the top of the pages to locate "§173.50 Class 1 – definitions"
Read the definition

B. Locate a specific reference, such as "§172.201(a)(1)(iii)"

Use the reference numbers at the top of the pages to find the number closest to §172.201.
Follow the step-by-step process illustrated below:

Look at the top of the pages in 49 CFR for the bold number (§172.201). The first three numbers indicate the Part (172).
The title of §172.201 is "General Entries."
Paragraph – "(a)" the first paragraph under General Entries pertains to contents of the shipping paper. §172.201(a)
Subparagraph – There are four subparagraphs under paragraph (a). §172.201(a)(1)-(4)
Sub-subparagraph - §172.201(a)(1) has three sub-subparagraphs: (i)-(iii).
Find "§172.201(a)(1)(iii)" and complete this sentence: "Must be identified by the entry of an _______ placed before the proper shipping name…"
"X" is the correct answer.

Communicating the Hazard

The proper shipping name, hazard class or division, packing group, markings, labels, and placards communicate the hazards of a material. To locate the proper shipping name and transportation requirements of a hazardous material, go to the Hazardous Materials Table (HMT) in Part 172. The HMT is the backbone of the regulations.

Subpart	Heading	Section
A	General	172.1-172.3
B	Hazardous Materials Table	172.101
C	Shipping Papers	172.200-172.205
D	Marking	172.300-172.338
E	Labeling	172.400-172.450
F	Placarding	172.500-172.560
G	Emergency Response Information	172.600-172.606
H	Training	172.700-172.704

Specific Hazard Classes

References

173.50 Class 1 (Explosives)
173.115 Class 2 (Divisions 2.1, 2.2, & 2.3) (Gases)
173.120 Class 3 (Flammable liquids/Combustible liquids)
173.124 Class 4 (Divisions 4.1, 4.2, and 4.3)

Division 4.1 (Flammable Solid)
Division 4.2 (Spontaneously Combustible Material)
Division 4.3 (Dangerous When Wet)

173.127 Class 5, Division 5.1 (Oxidizers)
173.128 Class 5, Division 5.2 (Organic Peroxide)
173.132 Class 6, Division 6.1 (Poisonous Materials)
173.134 Class 6, Division 6.2 (Infectious Substances)
173.403 Class 7 (Radioactive Materials)
173.136 Class 8 (Corrosive Materials)
173.140 Class 9 (Miscellaneous Hazardous Materials)
173.144 Other Regulated Materials (ORM)

Packing Groups

Packing groups are designated in Column 5 of the § 172.101 Table and indicate the degree of danger presented by the material. Packing groups are not assigned to all classes of materials. The shipper is responsible for determining the appropriate packing group.

Packing Group I — PG I — Great Danger

Packing Group II — PG II — Medium Danger

Packing Group III — PG III — Minor Danger

If more than one packing group is indicated for an entry, the packing group for the hazardous material must be determined using the criteria found in Subpart D of Part 173.

For example: Ketones, liquid, n.o.s. is listed in the HMT as a PG I, II, and III material. The shipper must determine the packing group for the material by applying the criteria in §173.121, Class 3 – Assignment of packing group.

Packing Group	Flash Point	Initial Boiling Point
I		<35°C (95°F)
II	<23°C (73°F)	>35°C (95°F)
III	>23°C, <60.5°C (141°F)	>35°C (95°F)

< = less than
< = less than, or equal to
> = more than
> = more than, or equal to

Hazardous Materials Table – Summary

The process of complying (or determining compliance) with the HMR, always centers on the § 172.101 Hazardous Materials Table. Review part 172, Subpart B, §172.101(a)-(k). A very brief description of this process follows:

Step One: Identify the material by:

Proper Shipping Name (Col. 2)
Hazard Class or Division (Col. 3)
Identification Number (Col. 4)
Packing Group (if appropriate) (Col. 5)

REMEMBER, ALWAYS CHECK THE APPENDICES TO THE HMT (172.101)

Appendix A – The hazardous material may also be a hazardous substance.

Appendix B – The hazardous material may also be a marine pollutant.

Step Two: Check symbols and determine if restrictions

(+, A, D, G, I or W) apply. (Col. 1)

Step Three: Determine Packaging – For the material selected, determine the authorized packaging. (Col. 8A, 8B, 8C)

Check Special Provisions – For the material selected, determine if any Special Provisions apply. (Col. 7)

Step Four: Label the package(s) – For the material selected, determine the required hazard warning label(s). (Col. 6)

[Note: Marking (§172.300) and Placarding (§172.500), as required.]

Step Five: Check Air or Rail Limitations – For transportation by air and/or rail, determine packaging limits. (Col. 9A, 9B)

Step Six: Check Water Limitations – For transportation by water, determine vessel shipment requirements. (Col. 10A, 10B)

Additional Requirements

172.204 Shipper's certification
172.301/302 Package Marking
172.402 Additional Labeling
172.504 Placarding
172.602/604 Emergency Response Information and Telephone Number

Appendix A: Hazardous Substances

The hazardous material is also a hazardous substance when:

The material is listed in Appendix A (HMT §172.101),
Concentration limits are exceeded,
and
The amount in one package, equals or exceeds the reportable quantity (RQ).

Note: Petroleum lubricants and fuel products are not considered hazardous substances.

Read the footnotes to Appendix A; the footnotes may affect the proper shipping name selection.

Appendix B: Marine Pollutants

The hazardous material is also a marine pollutant when:

The material is listed in Appendix B (HMT §172.101),

and

When in solution or mixture, the concentration by weight is:

10% for material listed in Appendix B,

1% for material identified as "severe marine pollutant" in Appendix B.

Requirements specific to marine pollutants:

Apply to all Marine Pollutants transported by vessel

and

Do not apply to non-bulk shipments by rail, air, or highway.

Hazardous Materials Transportation Terms

NOTE: See 49 CFR §171.8 for in-depth definitions

Bulk packaging	A packaging, other than a vessel or a barge, including a transport vehicle or freight container, in which hazardous materials are loaded with no intermediate form of containment and which has: A maximum capacity greater than 450 L (119 gallons) as a receptacle for a liquid; A maximum net mass greater than 400 kg (882 pounds) and a maximum capacity greater than 450 L (119 gallons) as a receptacle for a solid; or A water capacity greater than 454 kg (1000 pounds) as a receptacle for a gas.
Cargo	Product, including its packaging.
Cargo Tank	A bulk packaging that is loaded or unloaded with out being removed form the motor vehicle. (The tank may or may not be permanently attached to the motor vehicle).
Chart 11	DOT's Hazardous Materials Marking, labeling and Placarding Guide.
Compatibility	Relates to possible interactions between a material and its container, or other products that may be loaded or transported together.
Compressed Gas	Material or mixture meeting criteria in §173.115(b), (absolute pressure of 280 kPa [41 psia]) at 20°C (98°F) or greater.
Compound	Two or more ingredients that are chemically united.
Consist	Sequentially lists the location of each rail car in a train. May serve as the shipping paper if the consist has all the information required by the USDOT.
Dangerous Goods	International term for hazardous materials.
Documentation	Completed forms required to accompany hazardous materials. For example, shipping papers, certificates, emergency response information, or manifests.
Emergency Response Information	Information that can be used in the mitigation of an incident involving hazardous materials.
Etiologic Agent	See Infectious Substance.
Exceptions	Relief from certain HM regulations; applies to everyone.
Exemptions	Specific USDOT-written relief from certain HM Regulations, for shippers, carriers, or manufacturers; 2 year limit but may be renewed. (Part 107, Subpart B of 49 CFR)
Flash Point	The minimum temperature at which a substance gives off flammable vapor(s). Substance will ignite when coming in contact with a spark or flame.
Forbidden	A material that is prohibited form being offered or accepted for transportation. This prohibition does not apply if these materials are: diluted, stabilized, or incorporated into devices classed in accordance with Part 173. (See §172.101(d)(1)).
Generator	An EPA term used for a hazardous waste producer and/or shipper.
Grants	Planning and training grants to deal with hazardous materials emergencies.
Gross Weight	Total weight of packaging, including its contents.
Hazard Class	A group of hazardous materials that share dangerous characteristics. The USDOT has identified nine hazard classes based on the dangers posed in transportation.
Hazard Division>	A means of sub-dividing similar hazardous materials which require different hazard communications.
Hazardous Material	A substance or material capable of posing an unreasonable risk to health, safety, or property when transported in commerce.
Hazardous Substance	A material listed in Appendix A to §172.101 and the quantity in one package equals or exceeds the reportable quantity (RQ). Material may be in solution or mixture. This definition does not apply to petroleum (lubricants or fuel) products. Note: For radionuclides, refer to Table 2 of Appendix A to the HMT.
Hazardous Waste	Any material that is subject of the Hazardous Waste Manifest requirements of the EPA. Refer to 40 CFR Part 262.
Hazardous Waste Manifest	A specific shipping document required by the USDOT and the EPA for hazardous waste shipments. Also referred to as the Uniform Hazardous Waste Manifest (UHWM). If all USDOT requirements [i.e., the basic description (proper shipping name, hazard class/division, ID no., and packing group) are entered on the UHWM, the manifest may be used as a shipping paper. (49 CFR §172.205)
Identification Number (ID No.)	The UN or NA "four-digit number" assigned to hazardous material, i.e., UN 1203. ID numbers are listed in Col. 4 of the HMT. Used for identification and emergency response.
In-association-with	Refers to the placement of required additional entries on the shipping paper. Usually placed after the complete description for a hazardous material. May be any format, as long as it is clearly part of the entry.
Incident	Unintentional release of hazardous material(s).
Infectious Substance	Living microorganism or its toxin which may cause severe, disabling or fatal disease. Term synonymous with Etiologic Agent. (49 CFR §173.134)
Irritating Material	A liquid or solid substance. Upon contact with fire or air, the material gives off dangerous or intensely irritating fumes. Irritating Material does not include any poisonous material.
Labels	Hazard class identifiers required on hazardous materials packaging; 100 mm diamond shaped (square-on-point); identify hazard class by symbol, color and sometimes, by name.
Limited Quantity (Ltd. Qty.)	The amount of material for which there is a specific labeling or packaging exception.
Marine Pollutant	Hazardous material which is: listed in Appendix B to §172.101 and, when in a solution or mixture of one or more marine pollutants, is packaged in a concentration (for materials listed in Appendix B) which equals or exceeds: 10% by weight of the solution or mixture, or 1% by weight of the solution or mixture for materials that are identified as severe marine pollutants.
Markings	Information required to be placed on the outside of the shipping container; may include one or more of the following: Proper shipping name; Identification number; UN standard packaging marks; Instructions/caution.
Mitigate	To make less severe. Measures to prevent, or lessen the results of a release of hazardous materials.
Mixture	A material composed of one or more compounds.
Motor Vehicle Common Carrier	A motor carrier that transports property for hire.
Motor Vehicle Contract Carrier	A motor carrier that transports only property for those shippers with whom they have a contractual agreement.
Motor Vehicle Private Carrier	A motor carrier that transports property of which it is owner, lessee, or bailee. Such transportation is for the purpose of sale, lease, or rent.
Multiple Hazards	A material meeting the definition of more than one hazard class/division. The material must be classed according to its position on the Precedence of Hazard Table in 49 DFR, §173.2a.
Net Weight	A measure of weight referring only to the contents of a package. It does not include the weight of any packaging material.
Non-Bulk Packaging	A packaging which has an internal volume equal to or less than: 450 liters (119 gallons) for a liquid; or 400 kilograms (882 pounds) net mass for a solid; or 454 kilograms (1,000 pounds) water capacity for gas
Overpack	An enclosure that is used by a single consignor to provide protection or convenience in the handling of a package. It may consolidate two or more packages.
Package	Packaging plus its contents.
Packaging	A receptacle and any other components or materials used to provide containment. The packaging must perform its containment function in conformance with the HMR.
Packaging Exception	Provides general relief from certain specification packaging requirements of the HMR.
Packaging Exemption	Specific written administrative relief granted by RSPA from certain requirements of the HMR. Packaging must provide equivalent levels of safety.
Packing Group	Assigned based on the degree of danger presented by the hazardous material: PG I - Great Danger PG II - Medium Danger PB III - Minor Danger
Performance-Oriented Packaging	Container and any other components or materials necessary for the packaging to perform its containment function. Specific testing procedure must be performed and so marked on the packaging.
Person	Any of the following: Individual Firm Co-partner Corporation Company Association Joint-stock association (including any trustee, receiver, assignee, or similar representative thereof), or Government or Indian tribe, (agency or instrumentality of any government or Indian Tribe).
Placard	Hazard class identifiers required on transport vehicles or freight containers; placards are 273 mm (10.8 inches) diamond shaped (square-on-point) and hazard class color-coded. May require numbers for identification and emergency response. (Part 172, Subpart F)
Portable Tank	A bulk packaging designed to be loaded on or temporarily attached to a transport vehicle or vessel.
Preemption	State or local requirements that conflict with the Federal hazardous materials transportation law may be set aside by the Federal Government. (See Subpart C – Preemption, §170.201.)
Primary Label	Label for primary hazard of the material. Class number in lower part of label is required. (49 CFR §172.402)
Proper Shipping Name	Name listed in Roman type in the HMT, §172.101. Italicized names are not proper shipping names.
Radioactive Materials	Materials having a specific activity of greater than 0.002 microcuries per gram. (49 CFR §173.403)
Registration	A person who transports or offers for transportation certain hazardous materials is required to register and pay a fee to the USDOT. (See §107.601.)
Registration for Cargo Tanks	Procedure for persons who manufacture, assemble, inspect, test, certify or repair a cargo tank or cargo tank motor vehicle. (See §107.501.)
Reportable Quantity (RQ)	RQ means the quantity specified in Column 2 of Appendix A to §172.101 for any material identified in Column 1 of the appendix.
Residue	The hazardous materials remaining in a packaging, tank car, etc. after unloading.
Shipping Papers	Manifest, bill of lading, shipping order, or document to accompany hazardous materials shipments. Must contain information required by USDOT. (See Part 172, Subpart C.)
Solution	Homogenous liquid mixture of two (2) or more chemical compounds. The mixture will not separate during transportation.
Specification Packaging	Packaging specifically designed for a particular class or classes of hazardous material. Packaging identified by UN standard packaging and/or USDOT specification number.
State Variations	Listed in the ICAO Technical Instructions; governmental options differing from the ICAO Technical Instructions.
Strong Outside Container	Outermost enclosure for protecting inner packages and preventing unintentional release of contents during transportation.
Subsidiary Labels/Placards	Identify the subsidiary or secondary hazard(s). Class number must not be shown on the label/placard. (See §172.402, and 172.519(b)(4))
Technical Name	A recognized chemical name currently used in scientific and technical handbooks, journals and texts. Trade names may not be used as technical names, unless they are in the HMT.
Transport Index	The dimensionless number on the label of a radioactive materials package. Designates the degree of control necessary during transportation.
Unit Load Device	Any type of freight container, aircraft container, aircraft pallet with a net, or aircraft pallet with a net over and igloo.

Part of this information was taken from the full document, How to Use The Hazardous Materials Regulations, at Research and Special Programs Administration Office of Hazardous Materials Safety.

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