[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: 49CFR173.22a]

[Page 418-419]
 
                        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. 173.22a  Use of packagings authorized under exemptions.

    (a) Except as provided in paragraph (b) of this section, no person 
may offer a hazardous material for transportation in a packaging the use 
of which is dependent upon an exemption issued under subpart B of part 
107 of this title, unless that person is the holder of or a party to the 
exemption.
    (b) If an exemption authorizes the use of a packaging for the 
shipment or transportation of a hazardous material by any person or 
class of persons other than or in addition to the holder of the 
exemption, that person or a member of that class of persons may use the 
packaging for the purposes authorized in the exemption subject to the 
terms specified therein. However, no person may use a packaging under 
the authority of this paragraph unless he maintains a copy of the 
exemption at each facility where the packaging is being

[[Page 419]]

used in connection with the shipment or transportation of the hazardous 
material concerned. Copies of exemptions may be obtained from the 
Associate Administrator for Hazardous Materials Safety, U.S. Department 
of Transportation, Washington, DC 20590-0001, Attention: RSPA Records 
Center.
    (c) When an exemption issued to a person who offers a hazardous 
material contains requirements that apply to a carrier of the hazardous 
material, the offeror shall furnish a copy of the exemption to the 
carrier before or at the time a shipment is tendered.

[Amdt. 173-93, 41 FR 3478, Jan. 23, 1976, as amended by Amdt. 173-121, 
43 FR 48643, Oct. 19, 1978; Amdt. 173-223, 55 FR 39981, Oct. 1, 1990; 
Amdt. 173-224, 56 FR 66279, Dec. 20, 1991; Amdt. 173-233, 58 FR 33305, 
June 16, 1993; Amdt. 173.249, 61 FR 21102, May 9, 1996; Amdt.173-249, 61 
FR 51242, Oct. 1, 1996; 66 FR 45381, Aug. 28, 2001]