[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: 49CFR173.7]

[Page 409-410]
 
                        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 A--General
 
Sec. 173.7  U.S. Government material.

    (a) Hazardous materials offered for transportation by, for, or to 
the Department of Defense (DOD) of the U.S. Government, including 
commercial shipments pursuant to a DOD contract, must be packaged in 
accordance with the regulations in this subchapter or in packagings of 
equal or greater strength and efficiency as certified by DOD in 
accordance with the procedures prescribed by ``Performance Oriented 
Packaging of Hazardous Material, DLAR 4145.41/AR 700-143/AFR 71-5/
NAVSUPINST 4030.55/MCO 4030.40.'' Hazardous materials offered for 
transportation by DOD under this provision may be reshipped by any 
shipper to any consignee provided the original packaging has not been 
damaged or altered in any manner.
    (1) Hazardous materials sold by the DOD in packagings that are not 
marked in accordance with the requirements of this subchapter may be 
shipped from DOD installations if the DOD certifies in writing that the 
packagings are equal to or greater in strength and efficiency than the 
packaging prescribed in this subchapter. The shipper shall obtain such a 
certification in duplicate for each shipment. He shall give one copy to 
the originating carrier and retain the other for no less than 1 year.
    (2) [Reserved]
    (b) Shipments of hazardous materials, made by or under the direction 
or supervision of the U.S. Department of Energy (DOE) or the Department 
of Defense (DOD), for the purpose of national security, and which are 
escorted by personnel specifically designated by or under the authority 
of those agencies, are not subject to the requirements of this 
subchapter. For transportation by a motor vehicle or a rail car, the 
escorts must be in a separate transport vehicle from the transport 
vehicle carrying the hazardous materials that are excepted by this 
paragraph. A document certifying that the shipment is

[[Page 410]]

for the purpose of national security must be in the possession of the 
person in charge of providing security during transportation.
    (c) Shipments of explosive samples, not exceeding 1 g net weight, 
offered by and consigned to the Bureau of Alcohol, Tobacco and Firearms 
(ATF) of the Department of the Treasury are not otherwise subject to the 
regulations in parts 110-189 of this subchapter when placed in a 
specifically designed multi-unit assembly packed in a strong outside 
packaging. The packaging must be of a type accepted by ATF as capable of 
precluding a propagation of any explosion outside the packaging. The 
second component from the outside of the packaging must be marked or 
tagged to indicate the presence of an explosive.
    (d) Notwithstanding the requirements of Secs. 173.416 and 173.417 of 
this subchapter, packagings made by or under the direction of the U.S. 
Department of Energy may be used for the transportation of Class 7 
materials when evaluated, approved, and certified by the Department of 
Energy against packaging standards equivalent to those specified in 10 
CFR part 71. Packages shipped in accordance with this paragraph shall be 
marked and otherwise prepared for shipment in a manner equivalent to 
that required by this subchapter for packagings approved by the Nuclear 
Regulatory Commission.
    (e) Class 1 (explosive) materials owned by the Department of Defense 
and packaged prior to January 1, 1990, in accordance with the 
requirements of this subchapter in effect at that time, are excepted 
from the marking and labeling requirements of part 172 of this 
subchapter and the packaging and package marking requirements of part 
178 of this subchapter, provided the packagings have maintained their 
integrity and the explosive material is declared as ``government-owned 
goods packaged prior to January 1, 1990'' on the shipping papers. In 
addition, packages of these materials owned by the Department of Defense 
that are marked and labeled in conformance with the requirements of the 
HMR that were in effect at the time they were originally marked and 
labeled are excepted from the current marking and labeling requirements.

[29 FR 18671, Dec. 29, 1964. Redesignated at 32 FR 5606, Apr. 5, 1967]

    Editorial Note: For Federal Register citations affecting Sec. 173.7, 
see the List of CFR Sections Affected which appears in the Finding Aids 
section of the printed volume and on GPO Access.