What does 49 CFR 171.7 (Reference material) require?

Short answer

49 CFR 171.7 requires that certain material be incorporated by reference into subchapters A, B, and C with the approval of the Director of the Federal Register. The section lists various materials that are incorporated by reference, including standards and guidelines from organizations such as the American Society for Testing and Materials and the Association of American Railroads.

The rule says

"Certain material is incorporated by reference into subchapters A, B, and C with the approval of the Director of the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51." (49 CFR 171.7(a))

"To enforce any edition other than that specified in this section, PHMSA must publish a document in the Federal Register and the material must be available to the public." (49 CFR 171.7(a))

In plain English

This section is about incorporating external standards and guidelines into the regulations for hazardous materials transportation. The incorporated materials are made a part of the regulations, and PHMSA must follow a specific process to update or change them. This ensures that the regulations stay current and consistent with industry standards. In practice, this means that carriers and shippers must comply with the incorporated standards, which can include things like packaging and labeling requirements.

What to do

• Review the list of incorporated materials in 49 CFR 171.7 to understand what standards and guidelines are applicable to your operations.
• Ensure that you are complying with the incorporated standards, such as those related to packaging and labeling.
• Check the Federal Register for updates or changes to the incorporated materials.
• Verify that you have access to the most current versions of the incorporated standards and guidelines.