Transitional provisions for implementing certain requirements.

General. The purpose of the provisions of this section is to provide an orderly transition to certain new requirements so as to minimize any burdens associated with them.

(a) Previously filled packages—(1) Packages filled prior to October 1, 1991. Notwithstanding the marking and labeling provisions of subparts D and E, respectively, of part 172, and the packaging provisions of part 173 and subpart B of part 172 of this subchapter, a package may be offered for transportation and transported prior to October 1, 2001, if it—

(i) Conforms to the old requirements of this subchapter in effect on September 30, 1991;

(ii) Was filled with a hazardous material prior to October 1, 1991;

(iii) Is marked “Inhalation Hazard” if appropriate, in accordance with § 172.313 of this subchapter or Special Provision 13, as assigned in the § 172.101 table; and

(iv) Is not emptied and refilled on or after October 1, 1991.

(2) Non-bulk packages filled prior to October 1, 1996. Notwithstanding the packaging provisions of subpart B of part 172 and the packaging provisions of part 173 of this subchapter with respect to UN standard packagings, a non-bulk package other than a cylinder may be offered for transportation and transported domestically prior to October 1, 1999, if it—

(i) Conforms to the requirements of this subchapter in effect on September 30, 1996;

(ii) Was filled with a hazardous material prior to October 1, 1996; and

(iii) Is not emptied and refilled on or after October 1, 1996.

(b) Transitional placarding provisions. Until October 1, 2001, placards which conform to specifications for placards in effect on September 30, 1991, or placards specified in the December 21, 1990 final rule may be used, for highway transportation only, in place of the placards specified in subpart F of part 172 of this subchapter, in accordance with the following table:

Placard Substitution Table Hazard class or division No. Current placard name Old (Sept. 30, 1991) placard name Division 1.1 Explosives 1.1 Explosives A. Division 1.2 Explosives 1.2 Explosives A. Division 1.3 Explosives 1.3 Explosives B. Division 1.4 Explosives 1.4 Dangerous. Division 1.5 Explosives 1.5 Blasting agents. Division 1.6 Explosives 1.6 Dangerous. Division 2.1 Flammable gas Flammable gas. Division 2.2 Nonflammable gas Nonflammable gas. Division 2.31 Poison gas Poison gas. Class 3 Flammable Flammable. Combustible liquid Combustible Combustible. Division 4.1 Flammable solid Flammable solid. Division 4.2 Spontaneously combustible Flammable solid. Division 4.3 Dangerous when wet Flammable solid W. Division 5.1 Oxidizer Oxidizer. Division 5.2 Organic peroxide Organic peroxide. Division 6.1, (inhalation hazard, Zone A or B)1 Poison inhalation hazard Poison. Division 6.1, PG I (other than Zone A or B inhalation hazard), PG II, or PG III Posion Poison. Class 7 Radioactive Radioactive. Class 8 Corrosive Corrosive. Class 9 Class 9 (none required). 1 For materials poisonous by inhalation, by all modes of transportation, until October 1, 2001, placards may be used that conform to specifications for placards (1) in effect on September 30, 1991, (2) specified in the December 21, 1990 final rule, or (3) specified in the July 22, 1997 final rule.

(c) Non-specification fiber drums. A non-specification fiber drum with a removable head is authorized for a liquid hazardous material in Packing Group III that is not poisonous by inhalation for which the packaging was authorized under the requirements of part 172 or part 173 of this subchapter in effect on September 30, 1991. This authorization expires on the date on which funds are authorized to be appropriated to carry out chapter 51 of title 49, United States Code (related to transportation of hazardous materials), for fiscal years beginning after September 30, 1997. Information concerning this funding authorization date may be obtained by contacting the Office of the Associate Administrator for Hazardous Materials Safety.

(d) A final rule published in the Federal Register on March 5, 1999, effective October 1, 1999, resulted in revisions to this subchapter. During the transition period provided in paragraph (d)(1) of this section, a person may elect to comply with either the applicable requirements of this subchapter in effect on September 30, 1999, or the requirements of this subchapter in the March 5, 1999 final rule, in effect on October 1, 1999.

(1) Transition dates. The effective date of the March 5, 1999 final rule is October 1, 1999. A delayed compliance date of October 1, 2000 is authorized. On October 1, 2000, all applicable regulatory requirements adopted in the March 5, 1999 final rule in effect on October 1, 1999 must be met.

(2) Intermixing old and new requirements. Prior to the transition date in paragraph (d)(1) of this section, it is recommended that the hazard communication requirements be consistent where practicable, i.e., marking, labeling, placarding, and shipping paper descriptions should conform to either the old requirements of this subchapter in effect on September 30, 1999, or new requirements of this subchapter in the March 5, 1999 final rule, in effect on October 1, 1999, without intermixing of communication elements. However, intermixing is permitted, during the applicable transition period, for packaging, hazard communication, and handling provisions, as follows:

(i) If either shipping names or identification numbers are identical, a shipping paper may display the old shipping description even if the package is marked and labeled under the new shipping description;

(ii) If either shipping names or identification numbers are identical, a shipping paper may display the new shipping description even if the package is marked and labeled under the old shipping description; and

(iii) Either old or new placards may be used regardless of whether old or new shipping descriptions and package markings are used.

(3) Until October 1, 2003, the KEEP AWAY FROM FOOD labeling and placarding requirements in effect on September 30, 1999, may continue to be used in place of the new requirements for Division 6.1, Packing Group III materials.

[Amdt. 171-131, 59 FR 67406, Dec. 29, 1994, as amended by Amdt. 171-132, 60 FR 26799, 26800, May 18, 1995; Amdt. 171-138, 60 FR 48786, Sept. 20, 1995; Amdt. 171-139, 61 FR 7958, Feb. 29, 1996; Amdt. 171-150, 62 FR 1227, Jan. 8, 1997; Amdt 171-153, 62 FR 24700, May 6, 1997; 62 FR 29676, June 2, 1997; 62 FR 39404, July 22, 1997; 63 FR 52847, Oct. 1, 1998; 64 FR 10753, Mar. 5, 1999; 64 FR 50263, Sept. 16, 1999; 64 FR 51915, Sept. 27, 1999]