[Code of Federal Regulations]
[Title 49, Volume 2, Parts 100 to 185]
[Revised as of October 1, 1998]
From the U.S. Government Printing Office via GPO Access
[CITE: 49CFR173.21]
[Page 357-360]
TITLE 49--TRANSPORTATION
CHAPTER I--RESEARCH AND SPECIAL PROGRAMS ADMINISTRATION, DEPARTMENT OF
TRANSPORTATION
PART 173--SHIPPERS--GENERAL REQUIREMENTS FOR SHIPMENTS AND PACKAGINGS
--Table of Contents
Subpart B--Preparation of Hazardous Materials for Transportation
Sec. 173.21 Forbidden materials and packages.
Unless otherwise provided in this subchapter, the offering for
transportation or transportation of the following is forbidden:
[[Page 358]]
(a) Materials that are designated ``Forbidden'' in Column 3 of the
Sec. 172.101 table.
(b) Forbidden explosives as defined in Sec. 173.54 of this part.
(c) Electrical devices which are likely to create sparks or generate
a dangerous quantity of heat, unless packaged in a manner which
precludes such an occurrence.
(d) For carriage by aircraft, any package which has a magnetic field
of more than 0.00525 gauss measured at 4.5 m (15 feet) from any surface
of the package.
(e) A material in the same packaging, freight container, or overpack
with another material, the mixing of which is likely to cause a
dangerous evolution of heat, or flammable or poisonous gases or vapors,
or to produce corrosive materials.
(f) A package containing a material which is likely to decompose
with a self-accelerated decomposition temperature (SADT) of 50 deg.C
(122 deg.F) or less, or polymerize at a temperature of 54 deg.C (130
deg.F) or less with an evolution of a dangerous quantity of heat or gas
when decomposing or polymerizing, unless the material is stabilized or
inhibited in a manner to preclude such evolution. The SADT may be
determined by any of the test methods described in Part II of the UN
Manual of Tests and Criteria.
(1) A package meeting the criteria of paragraph (f) of this section
may be required to be shipped under controlled temperature conditions.
The control temperature and emergency temperature for a package shall be
as specified in the table in this paragraph based upon the SADT of the
material. The control temperature is the temperature above which a
package of the material may not be offered for transportation or
transported. The emergency temperature is the temperature at which, due
to imminent danger, emergency measures must be initiated.
Sec. 173.21 Table: Method of Determining Control and Emergency
Temperature.
------------------------------------------------------------------------
Control Emergency
SADT <SUP>1 temperatures temperature
------------------------------------------------------------------------
SADT <ls-thn-eq> 20 deg.C (68 20 deg.C (36 10 deg.C (18
deg.F). deg.F) below SADT. deg.F) below
SADT.
---------------------------------
20 deg.C (68 deg.F) < SADT > 15 deg.C (27 10 deg.C (18
35 deg.C (95 deg.F). deg.F) below SADT. deg.F) below
SADT.
---------------------------------
35 deg.C (95 deg.F) < SADT > 10 deg.C (18 5 deg.C (9
50 deg.C (122 deg.F). deg.F) below SADT. deg.F) below
SADT.
---------------------------------
50 deg.C (122 deg.F) < SADT... (\2\) (\2\)
------------------------------------------------------------------------
<SUP>1 Self-accelerating decomposition temperature.
<SUP>2 Temperature control not required.
(2) For self-reactive materials listed in Sec. 173.224(b) table
control and emergency temperatures, where required are shown in Columns
5 and 6, respectively. For organic peroxides listed in The Organic
Peroxides Table in Sec. 173.225 control and emergency temperatures,
where required, are shown in Columns 7a and 7b, respectively.
(3) Refrigeration may be used as a means of stabilization only when
approved by the Associate Administrator for Hazardous Materials Safety.
For status of approvals previously issued by the Bureau of Explosives,
see Sec. 171.19 of this subchapter. Methods of stabilization approved by
the Associate Administrator for Hazardous Materials Safety are as
follows:
(i) For highway transportation:
(A) A material meeting the criteria of this paragraph (f) may be
transported only in a transport vehicle, freight container, or motor
vehicle equipped with a mechanical refrigeration unit, or loaded with a
consumable refrigerant, capable of maintaining the inside temperature of
the hazardous material at or below the control temperature required for
the material during transportation.
(B) Each package containing a material meeting the criteria of this
paragraph (f) must be loaded and maintained at or below the control
temperature required for the material. The temperature of the material
must be determined by appropriate means and entered on a written record
at the time the packaging is loaded.
(C) The vehicle operator shall monitor the inside temperature of the
transport vehicle, freight container, or
[[Page 359]]
motor vehicle and enter that temperature on a written record at the time
the package is loaded and thereafter at intervals not exceeding two
hours. Alternatively, a transport vehicle, freight container, or motor
vehicle may be equipped with a visible or audible warning device that
activates when the inside temperature of the transport vehicle, freight
container, or motor vehicle exceeds the control temperature required for
the material. The warning device must be readily visible or audible, as
appropriate, from the vehicle operator's seat in the vehicle.
(D) The carrier shall advise the vehicle operator of the emergency
temperature for the material, and provide the vehicle operator with
written procedures that must be followed to assure maintenance of the
control temperature inside the transport vehicle, freight container, or
motor vehicle. The written procedures must include instructions for the
vehicle operator on actions to take if the inside temperature exceeds
the control temperature and approaches or reaches the emergency
temperature for the material. In addition, the written temperature-
control procedures must identify enroute points where the consumable
refrigerant may be procured, or where repairs to, or replacement of, the
mechanical refrigeration unit may be accomplished.
(E) The vehicle operator shall maintain the written temperature-
control procedures, and the written record of temperature measurements
specified in paragraph (f)(3)(i)(C) of this section, if applicable, in
the same manner as specified in Sec. 177.817 of this subchapter for
shipping papers.
(F) If the control temperature is maintained by use of a consumable
refrigerant (e.g., dry ice or liquid nitrogen), the quantity of
consumable refrigerant must be sufficient to maintain the control
temperature for twice the average transit time under normal conditions
of transportation.
(G) A material that has a control temperature of 40 deg.C (104
deg.F) or higher may be transported by common carrier. A material that
has a control temperature below 40 deg.C (104 deg.F) must be
transported by a private or contract carrier.
(ii) For transportation by vessel, shipments are authorized in
accordance with the control-temperature requirements of Section 21 of
the General Introduction of the International Maritime Dangerous Goods
Code (IMDG Code).
(g) Packages which give off a flammable gas or vapor, released from
a material not otherwise subject to this subchapter, likely to create a
flammable mixture with air in a transport vehicle.
(h) Packages containing materials (other than those classed as
explosive) which will detonate in a fire.
(1) For purposes of this paragraph, ``detonate'' means an explosion
in which the shock wave travels through the material at a speed greater
than the speed of sound.
(2) When tests are required to evaluate the performance of a package
under the provisions of this paragraph, the testing must be done or
approved by one of the agencies specified in Sec. 173.56.
(i) A package containing a cigarette lighter, or other similar
device, equipped with an ignition element and containing fuel; except
that a cigarette lighter or similar device subject to this paragraph may
be shipped if the design of the device and its inner packaging has been
examined by the Bureau of Explosives and specifically approved by the
Associate Administrator for Hazardous Materials Safety. The examination
of cigarette lighters and similar devices containing gaseous fuel will
include scrutiny for compliance with Sec. 173.308 of this part. For the
status of approvals previously issued by the Bureau of Explosives, see
Sec. 171.19 of this subchapter.
(j) An organic peroxide of the ``ketone peroxide'' category which
contains more than 9 percent available oxygen as calculated using the
equation in Sec. 173.128(a)(4)(ii). The category, ketone peroxide,
includes, but is not limited to:
Acetyl acetone peroxide
Cyclohexanone peroxide(s)
Diacetone alcohol peroxides
Methylcyclohexanone peroxide(s)
Methyl ethyl ketone peroxide(s)
Methyl isobutyl ketone peroxide(s)
(KB) Notwithstanding any other provision of this subchapter,
including
[[Page 360]]
Sec. Sec. 171.11 and 175.10(a)(2) of this subchapter, an oxygen
generator (chemical) as cargo on a passenger-carrying aircraft. This
prohibition does not apply to an oxygen generator for medical or
personal use of a passenger that meets the requirements of
Sec. 175.10(a)(7) or Sec. 175.10(a)(24) of this subchapter.
[Amdt. 173-224, 55 FR 52609, Dec. 21, 1990, as amended at 56 FR 66265,
Dec. 20, 1991; Amdt. 173-234, 58 FR 51532, Oct. 1, 1993; Amdt. 173-241,
59 FR 67490, Dec. 29, 1994; Amdt. 173-254, 61 FR 26419, May 24, 1996;
Amdt. 173-253, 61 FR 27174, May 30, 1996; Amdt. 173-254, 61 FR 68954,
Dec. 30, 1996; Amdt. 173-261, 62 FR 24719, May 6, 1997]
|
