[Code of Federal Regulations]
[Title 49, Volume 2]
[Revised as of October 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 49CFR173.247]

[Page 549-552]
 
                        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 F--Bulk Packaging for Hazardous Materials Other Than Class 1 and 
                                 Class 7
 
Sec. 173.247  Bulk packaging for certain elevated temperature materials.

    When Sec. 172.101 of this subchapter specifies that a hazardous 
material be packaged under this section, only the following bulk 
packagings are authorized, subject to the requirements of subparts A and 
B of part 173 of this subchapter and the special provisions in column 7 
of the Sec. 172.101 table. On or after October 1, 1993, authorized 
packagings must meet all requirements in paragraph (g) of this section, 
unless otherwise excepted.
    (a) Rail cars: Class DOT 103, 104, 105, 109, 111, 112, 114, 115, or 
120 tank car tanks; Class DOT 106, 110 multi-unit tank car tanks; AAR 
Class 203W, 206W, 211W tank car tanks; and non-DOT specification tank 
car tanks equivalent in structural design and accident damage resistance 
to specification packagings.
    (b) Cargo tanks: Specification MC 300, MC 301, MC 302, MC 303, MC 
304, MC 305, MC 306, MC 307, MC 310, MC 311, MC 312,

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MC 330, MC 331 cargo tank motor vehicles; DOT 406, DOT 407, DOT 412 
cargo tank motor vehicles; and non-DOT specification cargo tank motor 
vehicles equivalent in structural design and accident damage resistance 
to specification packagings. A non-DOT specification cargo tank motor 
vehicle constructed of carbon steel which is in elevated temperature 
material service is excepted from Sec. 178.345-7(d)(5) of this 
subchapter.
    (c) Portable tanks. DOT Specification 51, 56, 57 and 60 portable 
tanks; IM 101 and IM 102 portable tanks; UN portable tanks; marine 
portable tanks conforming to 46 CFR part 64; metal IBCs and non-
specification portable tanks equivalent in structural design and 
accident damage resistance to specification packagings are authorized.
    (d) Crucibles: Nonspecification crucibles designed and constructed 
such that the stress in the packaging does not exceed one fourth (0.25) 
of the ultimate strength of the packaging material at any temperature 
within the design temperature range. Stress is determined under a load 
equal to the sum of the static or working pressure in combination with 
the loads developed from accelerations and decelerations incident to 
normal transportation. For highway transportation, these forces are 
assumed to be ``1.7g'' vertical, ``0.75g'' longitudinal, and ``0.4g'' 
transverse, in reference to the axes of the transport vehicle. Each 
accelerative or decelerative load may be considered separately.
    (e) Kettles: A kettle, for the purpose of this section, is a bulk 
packaging (portable tank or cargo tank) having a capacity not greater 
than 5678 L (1500 gallons) with an integral heating apparatus used for 
melting various bituminous products such as asphalt. Kettles used for 
the transport of asphalt or bitumen are subject to the following 
requirements:
    (1) Low stability kettles. Kettles with a ratio of track-width to 
fully loaded center of gravity (CG) height less than 2.5 must meet all 
requirements of paragraph (g) of this section (track-width is the 
distance measured between the outer edge of the kettle tires; CG height 
is measured perpendicular from the road surface).
    (2) High stability kettles. (i) Kettles with a total capacity of 
less than 2650 L (700 gallons) and a ratio of track-width to fully 
loaded CG height of 2.5 or more are excepted from all requirements of 
paragraph (g)(2) of this section and the rollover protection 
requirements of paragraph (g)(6) of this section, if closures meet the 
requirements of paragraph (e)(2)(iii) of this section.
    (ii) Kettles with a total capacity of 2650 L (700 gallons) or more 
and a ratio of track-width to fully loaded CG height of 2.5 or more are 
excepted from the ``substantially leak tight'' requirements of paragraph 
(g)(2) of this section and the rollover protection requirements of 
paragraph (g)(6) of this section if closures meet the requirements of 
paragraph (e)(2)(iii) of this section.
    (iii) Closures must be securely closed during transportation. 
Closures also must be designed to prevent opening and the expulsion of 
lading in a rollover accident.
    (f) Other bulk packagings: Bulk packagings, other than those 
specified in paragraphs (a) through (e) of this section, which are used 
for the transport of elevated temperature materials, must conform to all 
requirements of paragraph (g) of this section on or after October 1, 
1993.
    (g) General requirements. Bulk packagings authorized or used for 
transport of elevated temperature materials must conform to the 
following requirements:
    (1) Pressure and vacuum control equipment. When pressure or vacuum 
control equipment is required on a packaging authorized in this section, 
such equipment must be of a self-reclosing design, must prevent package 
rupture or collapse due to pressure, must prevent significant release of 
lading due to packaging overturn or splashing or surging during normal 
transport conditions, and may be external to the packaging.
    (i) Pressure control equipment is not required if pressure in the 
packaging would increase less than 10 percent as a result of heating the 
lading from the lowest design operating temperature to a temperature 
likely to be encountered if the packaging were engulfed in a fire. When 
pressure control equipment

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is required, it must prevent rupture of the packaging from heating, 
including fire engulfment.
    (ii) Vacuum control equipment is not required if the packaging is 
designed to withstand an external pressure of 100 kPa (14.5 psig) or if 
pressure in the packaging would decrease less than 10 percent as a 
result of the lading cooling from the highest design operating 
temperature to the lowest temperature incurred in transport. When vacuum 
control equipment is required, it must prevent collapse of the packaging 
from a cooling-induced pressure differential.
    (iii) When the regulations require a reclosing pressure relief 
device, the lading must not render the devices inoperable (i.e. from 
clogging, freezing, or fouling). If the lading affects the proper 
operation of the device, the packaging must have:
    (A) A safety relief device incorporating a frangible disc or a 
permanent opening, each having a maximum effective area of 22 cm\2\ (3.4 
in.\2\), for transportation by highway;
    (B) For transportation of asphalt by highway, a safety relief device 
incorporating a frangible disc or a permanent opening, each having a 
maximum effective area of 48 cm \2\ (7.4 in \2\); or
    (C) For transportation by rail, a non-reclosing pressure relief 
device incorporating a rupture disc conforming to the requirements of 
Sec. 179.15 of this subchapter.
    (iv) Reclosing pressure relief devices, rupture discs or permanent 
openings must not allow the release of lading during normal 
transportation conditions (i.e., due to splashing or surging).
    (2) Closures. All openings, except permanent vent openings 
authorized in paragraph (g)(1)(iii) of this section, must be securely 
closed during transportation. Packagings must be substantially leak-
tight so as not to allow any more than dripping or trickling of a non-
continuous flow when overturned. Closures must be designed and 
constructed to withstand, without exceeding the yield strength of the 
packaging, twice the static loading produced by the lading in any 
packaging orientation and at all operating temperatures.
    (3) Strength. Each packaging must be designed and constructed to 
withstand, without exceeding the yield strength of the packaging, twice 
the static loading produced by the lading in any orientation and at all 
operating temperatures.
    (4) Compatibility. The packaging and lading must be compatible over 
the entire operating temperature range.
    (5) Markings. In addition to any other markings required by this 
subchapter, each packaging must be durably marked in a place readily 
accessible for inspection in characters at least 4.8 mm (3/16 inch) with 
the manufacturer's name, date of manufacture, design temperature range, 
and maximum product weight (or ``load limit'' for tank cars) or 
volumetric capacity.
    (6) Accident damage protection. For transportation by highway, 
external loading and unloading valves and closures must be protected 
from impact damage resulting from collision or overturn. Spraying 
equipment and the road oil application portion of a packaging are 
excepted from this requirement.
    (7) New construction. Specification packagings that are being 
manufactured for the transport of elevated temperature materials must be 
authorized for current construction.
    (h) Exceptions--(1) General. Packagings manufactured for elevated 
temperature materials service prior to October 1, 1993, which are not in 
full compliance with the requirements in paragraph (g) of this section, 
may continue in service if they meet the applicable requirements of 
subparts A and B of this part and meet the closure requirements in 
paragraph (g)(2) of this section by March 30, 1995.
    (2) Kettles. Kettles in service prior to October 1, 1993, which are 
used to transport asphalt or bitumen, are excepted from specific 
provisions of this section as follows:
    (i) Kettles with a total capacity of less than 2650 L (700 gallons), 
which are not in full compliance with the requirements of paragraph (g) 
of this section, may continue in elevated temperature material service 
if they meet the applicable requirements of subparts A and B of this 
part and if, after March 30, 1995, closures are secured during transport 
to resist opening in an overturn.

[[Page 552]]

    (ii) Kettles with a total capacity of 2650 L (700 gallons) or more, 
which are not in full compliance with the requirements of paragraph (g) 
of this section, may continue in elevated temperature material service 
if they meet the applicable requirements of subparts A and B of this 
part and if, after March 30, 1995, closures are secured during transport 
to resist opening in an overturn and no opening exceeds 46 cm\2\ (7.1 
in\2\).
    (3) Molten metals and molten glass. This section does not apply to 
packagings used for transportation of molten metals and molten glass by 
rail when movement is restricted to operating speeds less than 15 miles 
per hour. (See Sec. 172.203(g)(3) of this subchapter for shipping paper 
requirements.)
    (4) Solid elevated temperature materials. A material which meets the 
definition of a solid elevated temperature material is excepted from all 
requirements of this subchapter except Sec. 172.325 of this subchapter.

[Amdt. 173-227, 58 FR 3349, Jan. 8, 1993, as amended by Amdt. 173-234, 
58 FR 51532, Oct. 1, 1993; 173-237, 59 FR 28493, June 2, 1994; 62 FR 
51560, Oct. 1, 1997; 63 FR 52849, Oct. 1, 1998; 65 FR 50461, Aug. 18, 
2000; 66 FR 33436, June 21, 2001; 66 FR 45382, Aug. 28, 2001; 67 FR 
61013, Sept. 27, 2002]