Part 171 – General Information, Regulations and definitions

171.1 Purpose and Scope

• 171.1(a) This subchapter prescribes requirements of the Department of Transportation (DOT) governing
  • 171.1(a)(1) The offering of hazardous materials for transportation and transportation of hazardous materials in interstate, intrastate, and foreign commerce by rail car, aircraft, motor vehicle and vessel
  • 171.1(a)(2) The representation that a hazardous material is present in a package, container, rail car, aircraft, motor vehicle or vessel.
  • 171.1(a)(3) The manufacturer, fabrication, marking, maintenance, reconditioning, repairing, or testing or a packaging or container which is represented, marked, certified or sold for use in transportation of hazardous materials.
  • 171.1(a)(4) The use of terms and symbols prescribed in this subchapter foe the making, labeling, placarding and description of hazardous material and packaging used in their transport.
• 171.1(b)(c) Any person, under contract with the Federal Government, who causes a hazardous material to be transported, or who manufactures, fabricates, marks, maintains, reconditions, repairs or tests a package or container which is represented, marked, certified or sold by such person as qualified for use in the transportation of a hazardous material, shall comply with all provisions of the Federal hazardous materials transportation law and all requirements of Federal, State, and local governments and Indian Tribes. The fine for breaking the law is $27,500.00 (max), $250.00 (min) Each day may represent a separate charge.

171.2 General Requirements

• 171.2(c) No person may represent, mark, certify, sell or offer a packaging or container as meeting the requirements of this subchapter unless the packaging or container is manufactured, fabricated, marked, maintained, reconditioned, repaired and retested (as appropriate) in accordance with the applicable requirements of this subchapter.
  
• 171.2(d)(1)(2)(3) The representations, markings, and certifications subject to paragraph (c) above include: “ICC”, “DOT”, certain “EX” exemptions and test dates.
  
• 171.2(e) When a person performs a function covered by a specification prescribed in part 178, that function must be performed in accordance with the specification.
  
• 171.2(f)(1)(2) No person shall mark or otherwise represent that a container intended for transportation of hazardous materials is safe, certified, or in compliance with the requirements of this title unless it meets the requirements of all applicable regulations issued under the Federal hazardous material transportation law. No person shall mark or otherwise represent that a hazardous material is present in a package, container , motor vehicle, rail car, aircraft, or vessel, if the hazardous material is not present.
  
• 171.2(g)(1)(2) No person shall unlawfully alter, remove, deface, destroy or otherwise tamper with: any marking or label, placard, or description in a document required by the Federal hazardous material transportation law; nor any package, container , motor vehicle, rail car, aircraft or vessel used for the transportation of hazardous materials.
  
• 171.2(h)(1)(2) No person shall falsify or alter an exemption, approval, registration, or other grant of authority issued under this subchapter. No person shall offer a hazardous material for transport or transport a hazardous material in commerce, or represent, mark, certify or sell a package or a container , under false or altered exemption, approval, registration or other grant of authority issued under this subchapter.
  

171.6 Control numbers under the Paperwork Reduction Act

Current OMB control no. = 2137-0022; Title = Record keeping and Information Collection for Cylinders; Title 49 CFR Part or section where identified and described =173.34

171.7 Matter incorporated by reference

Pertinent information in the published documents of CGA, ASME, ANSI, ASTM including:
CGA Pamphlet C-5 “Cylinder Service Life – Seamless Steel High Pressure Cylinders”
CGA Pamphlet C-6 “Standards for visual inspection of steel compressed gas cylinders”
CGA Pamphlet C-6.1 “Standards for visual inspection of aluminum compressed gas cylinders”
CGA Pamphlet C-7 “A guide for preparation of precautionary markings for compressed gas containers, appendix A”
CGA Pamphlet S-1.1 “Pressure relief device standards Part 1-Cylinders for compressed gases”
CGA Pamphlet G-4.1 “Cleaning equipment for oxygen service”

171.8 Definitions and Abbreviations

“Carrier” means a person engaged in the transportation of passengers or property: by land, water, as a common, contract, or private carrier, or by civil aircraft.
“Class” means hazard class.
“Compressed Gas” A compressed gas is defined as one at a pressure of 40.6psia or greater at a temperature of 20蚓 (68蚌)
” Cylinder” A pressure vessel designed for pressures higher than 40psi and having a circular cross section
“Gross Weight (gross mass)” Means the weight of a packaging plus the weight of its contents.
“Hazardous Material” means a substance capable of posing an unreasonable risk to health, safety and property when transported in commerce (per Secretary of Transportation)
“Hazardous substance” Compressed air, compressed argon, compressed helium, compressed nitrogen, and compressed oxygen are not considered hazardous substances.
“Hazmat Employee” means a person (including a self-employed individual) who in the course of employment loads, unloads or handles hazardous materials.
“Marking” means a descriptive name, identification number, instructions, cautions, weight, specification, or UN marks or combinations thereof, required by this subchapter on outer packaging of hazardous materials
“Materials of trade” means hazardous materials, other than hazardous wastes that are carried on a motor vehicle, by a private motor carrier in direct support of a principal business that is other than transportation by motor vehicle.
“ Non Bulk Packaging” means a packaging which has: (3) a water capacity of 1000 pounds or less as a receptacle for a gas.