It is often inquired by counsel as to specific definitions or meaning of language often used in the PHMSA, and our reports that reflect issues of the same. For simplicity purposes and quick reference, please find the following definitions as written in PHMSA:
§ 171.8 Definitions and abbreviations.
In this subchapter,
Administrator means the Administrator, Pipeline and Hazardous Materials Safety Administration.
Aerosol means any non-refillable receptacle containing a gas compressed, liquefied or dissolved under pressure, the sole purpose of which is to expel a nonpoisonous (other than a Division 6.1 Packing Group III material) liquid, paste, or powder and fitted with a self-closing release device allowing the contents to be ejected by the gas.
Aggregate lithium content means the sum of the grams of lithium content or equivalent lithium content contained by the cells comprising a battery.
Agricultural product means a hazardous material, other than a hazardous waste, whose end use directly supports the production of an agricultural commodity including, but not limited to a fertilizer, pesticide, soil amendment or fuel. An agricultural product is limited to a material in Class 3, 8 or 9, Division 2.1, 2.2, 5.1, or 6.1, or an ORM-D material.
Approval means a written authorization, including a competent authority approval, from the Associate Administrator or other designated Department official, to perform a function for which prior authorization by the Associate Administrator is required under subchapter C of this chapter (49 CFR parts 171 through 180.)
Approved means approval issued or recognized by the Department unless otherwise specifically indicated in this subchapter.
Asphyxiant gas means a gas which dilutes or replaces oxygen normally in the atmosphere.
Associate Administrator means the Associate Administrator for Hazardous Materials Safety, Pipeline and Hazardous Materials Safety Administration.
Atmospheric gases means air, nitrogen, oxygen, argon, krypton, neon and xenon.
Authorized Inspection Agency means: (1) A jurisdiction which has adopted and administers one or more sections of the ASME Boiler and Pressure Vessel Code as a legal requirement and has a representative serving as a member of the ASME Conference Committee; or (2) an insurance company which has been licensed or registered by the appropriate authority of a State of the United States or a Province of Canada to underwrite boiler and pressure vessel insurance in such State or Province.
Authorized Inspector means an Inspector who is currently commissioned by the National Board of Boiler and Pressure Vessel Inspectors and employed as an Inspector by an Authorized Inspection Agency.
Bag means a flexible packaging made of paper, plastic film, textiles, woven material or other similar materials.
Bar means 1 BAR = 100 kPa (14.5 psi).
Barge means a non-selfpropelled vessel.
Biological product. See §173.134 of this subchapter.
Biological substances, Category B. See §173.134 of this subchapter.
Bottle means an inner packaging having a neck of relatively smaller cross section than the body and an opening capable of holding a closure for retention of the contents.
Bottom shell means that portion of a tank car tank surface, excluding the head ends of the tank car tank, that lies within two feet, measured circumferentially, of the bottom longitudinal center line of the tank car tank.
Box means a packaging with complete rectangular or polygonal faces, made of metal, wood, plywood, reconstituted wood, fiberboard, plastic, or other suitable material. Holes appropriate to the size and use of the packaging, for purposes such as ease of handling or opening, or to meet classification requirements, are permitted as long as they do not compromise the integrity of the packaging during transportation, and are not otherwise prohibited in this subchapter.
Break-bulk means packages of hazardous materials that are handled individually, palletized, or unitized for purposes of transportation as opposed to bulk and containerized freight.
Btu means British thermal unit.
Bulk packaging means 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. A Large Packaging in which hazardous materials are loaded with an intermediate form of containment, such as one or more articles or inner packagings, is also a bulk packaging. Additionally, a bulk packaging has: * * *
(1) A maximum capacity greater than 450 L (119 gallons) as a receptacle for a liquid;
(2) 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
(3) A water capacity greater than 454 kg (1000 pounds) as a receptacle for a gas as defined in §173.115 of this subchapter.
Bundle of cylinders means assemblies of UN cylinders fastened together and interconnected by a manifold and transported as a unit. The total water capacity for the bundle may not exceed 3,000 L, except that a bundle intended for the transport of gases in Division 2.3 is limited to a water capacity of 1,000 L.
Bureau of Explosives means the Bureau of Explosives (B of E) of the Association of American Railroads.
C means Celsius or Centigrade.
Captain of the Port (COTP) means the officer of the Coast Guard, under the command of a District Commander, so designated by the Commandant for the purpose of giving immediate direction to Coast Guard law enforcement activities within an assigned area. As used in this subchapter, the term Captain of the Port includes an authorized representative of the Captain of the Port.
Carfloat means a vessel that operates on a short run on an irregular basis and serves one or more points in a port area as an extension of a rail line or highway over water, and does not operate in ocean, coastwise, or ferry service.
Cargo aircraft only means an aircraft that is used to transport cargo and is not engaged in carrying passengers. For purposes of this subchapter, the terms cargo aircraft only, cargo-only aircraft andcargo aircraft have the same meaning.
Cargo tank means a bulk packaging that:
(1) Is a tank intended primarily for the carriage of liquids or gases and includes appurtenances, reinforcements, fittings, and closures (for the definition of a tank, see 49 CFR 178.320, 178.337–1, or 178.338–1, as applicable);
(2) Is permanently attached to or forms a part of a motor vehicle, or is not permanently attached to a motor vehicle but which, by reason of its size, construction or attachment to a motor vehicle is loaded or unloaded without being removed from the motor vehicle; and
(3) Is not fabricated under a specification for cylinders, intermediate bulk containers, multi-unit tank car tanks, portable tanks, or tank cars.
Cargo tank motor vehicle means a motor vehicle with one or more cargo tanks permanently attached to or forming an integral part of the motor vehicle.
Cargo vessel means: (1) Any vessel other than a passenger vessel; and
(2) Any ferry being operated under authority of a change of character certificate issued by a Coast Guard Officer-in-Charge, Marine Inspection.
Carrier means a person who transports passengers or property in commerce by rail car, aircraft, motor vehicle, or vessel.
CC means closed-cup.
Character of vessel means the type of service in which the vessel is engaged at the time of carriage of a hazardous material.
Class means hazard class. See hazard class.
Class 1. See §173.50 of this subchapter.
Class 2. See §173.115 of this subchapter.
Class 3. See §173.120 of this subchapter.
Class 4. See §173.124 of this subchapter.
Class 5. See §173.128 of this subchapter.
Class 6. See §173.132 of this subchapter.
Class 7. See §173.403 of this subchapter.
Class 8. See §173.136 of this subchapter.
Class 9. See §173.140 of this subchapter.
Closure means a device which closes an opening in a receptacle.
COFC means container-on-flat-car.
Combination packaging means a combination of packaging, for transport purposes, consisting of one or more inner packagings secured in a non-bulk outer packaging. It does not include a composite packaging.
Combustible liquid. See §173.120 of this subchapter.
Commerce means trade or transportation in the jurisdiction of the United States within a single state; between a place in a state and a place outside of the state; that affects trade or transportation between a place in a state and place outside of the state; or on a United States-registered aircraft.
Compatibility group letter means a designated alphabetical letter used to categorize different types of explosive substances and articles for purposes of stowage and segregation. See §173.52 of this subchapter.
Competent Authority means a national agency responsible under its national law for the control or regulation of a particular aspect of the transportation of hazardous materials (dangerous goods). The termAppropriate Authority, as used in the ICAO Technical Instructions (IBR, see §171.7), has the same meaning as Competent Authority. For purposes of this subchapter, the Associate Administrator is the Competent Authority for the United States.
Composite packaging means a packaging consisting of an outer packaging and an inner receptacle, so constructed that the inner receptacle and the outer packaging form an integral packaging. Once assembled it remains thereafter an integrated single unit; it is filled, stored, shipped and emptied as such.
Compressed gas. See §173.115 of this subchapter.
Consignee means the person or place shown on a shipping document, package marking, or other media as the location to which a carrier is directed to transport a hazardous material.
Consumer commodity means a material that is packaged and distributed in a form intended or suitable for sale through retail sales agencies or instrumentalities for consumption by individuals for purposes of personal care or household use. This term also includes drugs and medicines.
Containership means a cargo vessel designed and constructed to transport, within specifically designed cells, portable tanks and freight containers which are lifted on and off with their contents intact.
Corrosive material. See §173.136 of this subchapter.
Crate means an outer packaging with incomplete surfaces.
Crewmember means a person assigned to perform duty in an aircraft during flight time.
Cryogenic liquid. See §173.115(g) of this subchapter.
Cultures and stocks. See §173.134 of this subchapter.
Cylinder means a pressure vessel designed for pressures higher than 40 psia and having a circular cross section. It does not include a portable tank, multi-unit tank car tank, cargo tank, or tank car.
Dangerous when wet material. See §173.124 of this subchapter.
Design Certifying Engineer means a person registered with the Department in accordance with subpart F of part 107 of this chapter who has the knowledge and ability to perform stress analysis of pressure vessels and otherwise determine whether a cargo tank design and construction meets the applicable DOT specification. A Design Certifying Engineer meets the knowledge and ability requirements of this section by meeting any one of the following requirements:
(1) Has an engineering degree and one year of work experience in cargo tank structural or mechanical design;
(2) Is currently registered as a professional engineer by appropriate authority of a state of the United States or a province of Canada; or
(3) Has at least three years’ experience in performing the duties of a Design Certifying Engineer prior to September 1, 1991.
Designated facility means a hazardous waste treatment, storage, or disposal facility that has been designated on the manifest by the generator.
District Commander means the District Commander of the Coast Guard, or his authorized representative, who has jurisdiction in the particular geographical area.
Division means a subdivision of a hazard class.
DOD means the U.S. Department of Defense.
Domestic transportation means transportation between places within the United States other than through a foreign country.
DOT or Department means U.S. Department of Transportation.
Drum means a flat-ended or convex-ended cylindrical packaging made of metal, fiberboard, plastic, plywood, or other suitable materials. This definition also includes packagings of other shapes made of metal or plastic (e.g., round taper-necked packagings or pail-shaped packagings) but does not include cylinders, jerricans, wooden barrels or bulk packagings.
Electronic data interchange (EDI) means the computer-to-computer exchange of business data in standard formats. In EDI, information is organized according to a specific format (electronic transmission protocol) agreed upon by the sender and receiver of this information, and transmitted through a computer transaction that requires no human intervention or retyping at either end of the transmission.
Elevated temperature material means a material which, when offered for transportation or transported in a bulk packaging:
(1) Is in a liquid phase and at a temperature at or above 100 °C (212 °F);
(2) Is in a liquid phase with a flash point at or above 38 °C (100 °F) that is intentionally heated and offered for transportation or transported at or above its flash point; or
(3) Is in a solid phase and at a temperature at or above 240 °C (464 °F).
Engine means a locomotive propelled by any form of energy and used by a railroad.
EPA means U.S. Environmental Protection Agency.
Equivalent lithium content means, for a lithium-ion cell, the product of the rated capacity, in ampere-hours, of a lithium-ion cell times 0.3, with the result expressed in grams. The equivalent lithium content of a battery equals the sum of the grams of equivalent lithium content contained in the component cells of the battery.
Etiologic agent. See §173.134 of this subchapter.
EX number means a number preceded by the prefix “EX”, assigned by the Associate Administrator, to an item that has been evaluated under the provisions of §173.56 of this subchapter.
Explosive. See §173.50 of this subchapter.
F means degree Fahrenheit.
Farmer means a person engaged in the production or raising of crops, poultry, or livestock.
Federal hazardous material transportation law means 49 U.S.C. 5101 et seq.
Ferry vessel means a vessel which is limited in its use to the carriage of deck passengers or vehicles or both, operates on a short run on a frequent schedule between two points over the most direct water route, other than in ocean or coastwise service, and is offered as a public service of a type normally attributed to a bridge or tunnel.
Filling density has the following meanings:
(1) For compressed gases in cylinders, see §173.304a(a)(2) table note 1.
(2) For compressed gases in tank cars, see §173.314(c) table note 1.
(3) For compressed gases in cargo tanks and portable tanks, see §173.315(a) table note 1.
(4) For cryogenic liquids in cylinders, except hydrogen, see §173.316(c)(1).
(5) For hydrogen, cryogenic liquid in cylinders, see §173.316(c)(3) table note 1.
(6) For cryogenic liquids in cargo tanks, see §173.318(f)(1).
(7) For cryogenic liquids in tank cars, see §173.319(d)(1).
Flammable gas. See §173.115 of this subchapter.
Flammable liquid. See §173.120 of this subchapter.
Flammable solid. See §173.124 of this subchapter.
Flash point. See §173.120 of this subchapter.
Freight container means a reusable container having a volume of 64 cubic feet or more, designed and constructed to permit being lifted with its contents intact and intended primarily for containment of packages (in unit form) during transportation.
Fuel cell means an electrochemical device that converts the energy of the chemical reaction between a fuel, such as hydrogen or hydrogen rich gases, alcohols, or hydrocarbons, and an oxidant, such as air or oxygen, to direct current (d.c.) power, heat, and other reaction products.
Fuel cell cartridge or fuel cartridge means an article that stores fuel for discharge into the fuel cell through a valve(s) that controls the discharge of fuel into the fuel cell.
Fuel cell system means a fuel cell with an installed fuel cell cartridge together with wiring, valves, and other attachments that connect the fuel cell or cartridge to the device it powers. The fuel cell or cartridge may be so constructed that it forms an integral part of the device or may be removed and connected manually to the device.
Fuel tank means a tank other than a cargo tank, used to transport flammable or combustible liquid, or compressed gas for the purpose of supplying fuel for propulsion of the transport vehicle to which it is attached, or for the operation of other equipment on the transport vehicle.
Fumigated lading. See §§172.302(g) and 173.9.
Gas means a material which has a vapor pressure greater than 300 kPa (43.5 psia) at 50 °C (122 °F) or is completely gaseous at 20 °C (68 °F) at a standard pressure of 101.3 kPa (14.7 psia).
Gross weight or Gross mass means the weight of a packaging plus the weight of its contents.
Hazard class means the category of hazard assigned to a hazardous material under the definitional criteria of part 173 of this subchapter and the provisions of the §172.101 table. A material may meet the defining criteria for more than one hazard class but is assigned to only one hazard class.
Hazard zone means one of four levels of hazard (Hazard Zones A through D) assigned to gases, as specified in §173.116(a) of this subchapter, and one of two levels of hazards (Hazard Zones A and B) assigned to liquids that are poisonous by inhalation, as specified in §173.133(a) of this subchapter. A hazard zone is based on the LC50 value for acute inhalation toxicity of gases and vapors, as specified in §173.133(a).
Hazardous material means a substance or material that the Secretary of Transportation has determined is capable of posing an unreasonable risk to health, safety, and property when transported in commerce, and has designated as hazardous under section 5103 of Federal hazardous materials transportation law (49 U.S.C. 5103). The term includes hazardous substances, hazardous wastes, marine pollutants, elevated temperature materials, materials designated as hazardous in the Hazardous Materials Table (see 49 CFR 172.101), and materials that meet the defining criteria for hazard classes and divisions in part 173 of subchapter C of this chapter.
Hazardous substance for the purposes of this subchapter, means a material, including its mixtures and solutions, that—
(1) Is listed in the appendix A to §172.101 of this subchapter;
(2) Is in a quantity, in one package, which equals or exceeds the reportable quantity (RQ) listed in the appendix A to §172.101 of this subchapter; and
(3) When in a mixture or solution—
(i) For radionuclides, conforms to paragraph 7 of the appendix A to §172.101.
(ii) For other than radionuclides, is in a concentration by weight which equals or exceeds the concentration corresponding to the RQ of the material, as shown in the following table:
|RQ pounds (kilograms)||Concentration by weight|
The term does not include petroleum, including crude oil or any fraction thereof which is not otherwise specifically listed or designated as a hazardous substance in appendix A to §172.101 of this subchapter, and the term does not include natural gas, natural gas liquids, liquefied natural gas, or synthetic gas usable for fuel (or mixtures of natural gas and such synthetic gas).
Hazardous waste, for the purposes of this chapter, means any material that is subject to the Hazardous Waste Manifest Requirements of the U.S. Environmental Protection Agency specified in 40 CFR part 262.
Hazmat means a hazardous material.
Hazmat employee means: (1) A person who is:
(i) Employed on a full-time, part time, or temporary basis by a hazmat employer and who in the course of such full time, part time or temporary employment directly affects hazardous materials transportation safety;
(ii) Self-employed (including an owner-operator of a motor vehicle, vessel, or aircraft) transporting hazardous materials in commerce who in the course of such self-employment directly affects hazardous materials transportation safety;
(iii) A railroad signalman; or
(iv) A railroad maintenance-of-way employee.
(2) This term includes an individual, employed on a full time, part time, or temporary basis by a hazmat employer, or who is self-employed, who during the course of employment:
(i) Loads, unloads, or handles hazardous materials;
(ii) Designs, manufactures, fabricates, inspects, marks, maintains, reconditions, repairs, or tests a package, container or packaging component that is represented, marked, certified, or sold as qualified for use in transporting hazardous material in commerce.
(iii) Prepares hazardous materials for transportation;
(iv) Is responsible for safety of transporting hazardous materials;
(v) Operates a vehicle used to transport hazardous materials.
Hazmat employer means:
(1) A person who employs or uses at least one hazmat employee on a full-time, part time, or temporary basis; and who:
(i) Transports hazardous materials in commerce;
(ii) Causes hazardous materials to be transported in commerce; or
(iii) Designs, manufactures, fabricates, inspects, marks, maintains, reconditions, repairs or tests a package, container, or packaging component that is represented, marked, certified, or sold by that person as qualified for use in transporting hazardous materials in commerce;
(2) A person who is self-employed (including an owner-operator of a motor vehicle, vessel, or aircraft) transporting materials in commerce; and who:
(i) Transports hazardous materials in commerce;
(ii) Causes hazardous materials to be transported in commerce; or
(iii) Designs, manufactures, fabricates, inspects, marks, maintains, reconditions, repairs or tests a package, container, or packaging component that is represented, marked, certified, or sold by that person as qualified for use in transporting hazardous materials in commerce; or
(3) A department, agency, or instrumentality of the United States Government, or an authority of a State, political subdivision of a State, or an Indian tribe; and who:
(i) Transports hazardous materials in commerce;
(ii) Causes hazardous materials to be transported in commerce; or
(iii) Designs, manufactures, fabricates, inspects, marks, maintains, reconditions, repairs or tests a package, container, or packaging component that is represented, marked, certified, or sold by that person as qualified for use in transporting hazardous materials in commerce.
Hermetically sealed means closed by fusion, gasketing, crimping, or equivalent means so that no gas or vapor can enter or escape.
Household waste means any solid waste (including garbage, trash, and sanitary waste from septic tanks) derived from households (including single and multiple residences, hotels and motels, bunkhouses, ranger stations, crew quarters, campgrounds, picnic grounds, and day-use recreation areas). This term is not applicable to consolidated shipments of household hazardous materials transported from collection centers. A collection center is a central location where household waste is collected.
HMR means the Hazardous Materials Regulations, Parts 171 through 180 of this chapter.
IAEA means International Atomic Energy Agency.
IATA means International Air Transport Association.
ICAO means International Civil Aviation Organization.
IMO means International Maritime Organization.
Incorporated by reference or IBR means a publication or a portion of a publication that is made a part of the regulations of this subchapter. See §171.7.
Infectious substance (etiologic agent). See §173.134 of this subchapter.
Inner packaging means a packaging for which an outer packaging is required for transport. It does not include the inner receptacle of a composite packaging.
Inner receptacle means a receptacle which requires an outer packaging in order to perform its containment function. The inner receptacle may be an inner packaging of a combination packaging or the inner receptacle of a composite packaging.
Intermediate bulk container or IBC means a rigid or flexible portable packaging, other than a cylinder or portable tank, which is designed for mechanical handling. Standards for IBCs manufactured in the United States are set forth in subparts N and O of part 178 of this subchapter.
Intermediate packaging means a packaging which encloses an inner packaging or article and is itself enclosed in an outer packaging.
Intermodal container means a freight container designed and constructed to permit it to be used interchangeably in two or more modes of transport.
Intermodal portable tank or IM portable tank means a specific class of portable tanks designed primarily for international intermodal use.
International transportation means transportation—
(1) Between any place in the United States and any place in a foreign country;
(2) Between places in the United States through a foreign country; or
(3) Between places in one or more foreign countries through the United States.
Irritating material. See §173.132(a)(2) of this subchapter.
Jerrican means a metal or plastic packaging of rectangular or polygonal cross-section.
Large packaging means a packaging that—
(1) Consists of an outer packaging that contains articles or inner packagings;
(2) Is designated for mechanical handling;
(3) Exceeds 400 kg net mass or 450 liters (118.9 gallons) capacity;
(4) Has a volume of not more than 3 cubic meters (m3 ) (see §178.801(i) of this subchapter); and
(5) Conforms to the requirements for the construction, testing and marking of Large Packagings as specified in subparts P and Q of part 178 of this subchapter.
Limited quantity, when specified as such in a section applicable to a particular material, means the maximum amount of a hazardous material for which there is a specific labeling or packaging exception.
Lighter means a mechanically operated flame-producing device employing an ignition device and containing a Class 3 or a Division 2.1 material. For design, capacity, and filling density requirements for lighters containing a Division 2.1 material, see §173.308.
Lighter refill means a pressurized container that does not contain an ignition device but does contain a release device and is intended for use as a replacement cartridge in a lighter or to refill a lighter with a Division 2.1 flammable gas fuel. For capacity limits, see §173.306(h) of this subchapter.
Liquid means a material, other than an elevated temperature material, with a melting point or initial melting point of 20 °C (68 °F) or lower at a standard pressure of 101.3 kPa (14.7 psia). A viscous material for which a specific melting point cannot be determined must be subjected to the procedures specified in ASTM D 4359 “Standard Test Method for Determining Whether a Material is Liquid or Solid” (IBR, see §171.7).
Liquid phase means a material that meets the definition of liquid when evaluated at the higher of the temperature at which it is offered for transportation or at which it is transported, not at the 38 °C (100 °F) temperature specified in ASTM D 4359 (IBR, see §171.7).
Lithium content means the mass of lithium in the anode of a lithium metal or lithium alloy cell. The lithium content of a battery equals the sum of the grams of lithium content contained in the component cells of the battery. For a lithium-ion cell see the definition for “equivalent lithium content”.
Loading incidental to movement means loading by carrier personnel or in the presence of carrier personnel of packaged or containerized hazardous material onto a transport vehicle, aircraft, or vessel for the purpose of transporting it, including the loading, blocking and bracing a hazardous materials package in a freight container or transport vehicle, and segregating a hazardous materials package in a freight container or transport vehicle from incompatible cargo. For a bulk packaging,loading incidental to movement means filling the packaging with a hazardous material for the purpose of transporting it. Loading incidental to movement includes transloading.
Magazine vessel means a vessel used for the receiving, storing, or dispensing of explosives.
Magnetic material. See §173.21(d) of this subchapter.
Marine pollutant, means a material which is listed in appendix B to §172.101 of this subchapter (also see §171.4) and, when in a solution or mixture of one or more marine pollutants, is packaged in a concentration which equals or exceeds:
(1) Ten percent by weight of the solution or mixture for materials listed in the appendix; or
(2) One percent by weight of the solution or mixture for materials that are identified as severe marine pollutants in the appendix.
Marking means a descriptive name, identification number, instructions, cautions, weight, specification, or UN marks, or combinations thereof, required by this subchapter on outer packagings of hazardous materials.
Material of trade means a hazardous material, other than a hazardous waste, that is carried on a motor vehicle—
(1) For the purpose of protecting the health and safety of the motor vehicle operator or passengers;
(2) For the purpose of supporting the operation or maintenance of a motor vehicle (including its auxiliary equipment); or
(3) By a private motor carrier (including vehicles operated by a rail carrier) in direct support of a principal business that is other than transportation by motor vehicle.
Material poisonous by inhalation or Material toxic by inhalationmeans:
(1) A gas meeting the defining criteria in §173.115(c)