[Code of Federal Regulations]
[Title 49, Volume 2]
[Revised as of October 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 49CFR173.8]

[Page 411-412]
 
                        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.  173.8  Exceptions for non-specification packagings used in intrastate transportation.

    (a) Non-specification bulk packagings. Notwithstanding requirements 
for specification packagings in subpart F of this part and parts 178 and 
180 of this subchapter, a non-specification bulk packaging may be used 
for transportation of a hazardous material by an intrastate motor 
carrier until July 1, 2000, in accordance with the provisions of 
paragraph (d) of this section.

[[Page 412]]

    (b) Non-specification cargo tanks for petroleum products. 
Notwithstanding requirements for specification packagings in subpart F 
of this part and parts 178 and 180 of this subchapter, a non-
specification cargo tank motor vehicle having a capacity of less than 
13,250 L (3,500 gallons) may be used by an intrastate motor carrier for 
transportation of a flammable liquid petroleum product in accordance 
with the provisions of paragraph (d) of this section.
    (c) Permanently secured non-bulk tanks for petroleum products. 
Notwithstanding requirements for specification packagings in subpart F 
of this part 173 and parts 178 and 180 of this subchapter, a non-
specification metal tank permanently secured to a transport vehicle and 
protected against leakage or damage in the event of a turnover, having a 
capacity of less than 450 L (119 gallons), may be used by an intrastate 
motor carrier for transportation of a flammable liquid petroleum product 
in accordance with the provisions of paragraph (d) of this section.
    (d) Additional requirements. A packaging used under the provisions 
of paragraphs (a), (b) or (c) of this section must--
    (1) Be operated by an intrastate motor carrier and in use as a 
packaging for hazardous material before October 1, 1998;
    (2) Be operated in conformance with the requirements of the State in 
which it is authorized;
    (3) Be specifically authorized by a State statute or regulation in 
effect before October 1, 1998, for use as a packaging for the hazardous 
material being transported;
    (4) Be offered for transportation and transported in conformance 
with all other applicable requirements of this subchapter;
    (5) Not be used to transport a flammable cryogenic liquid, hazardous 
substance, hazardous waste, or a marine pollutant (except for gasoline); 
and
    (6) On and after July 1, 2000, for a tank authorized under paragraph 
(b) or (c) of this section, conform to all requirements in part 180 
(except for Sec.  180.405(g)) of this subchapter in the same manner as 
required for a DOT specification MC 306 cargo tank motor vehicle.

[Amdt. 173-259, 62 FR 1216, Jan. 8, 1997, as amended by Amdt. 172-262, 
62 FR 49567, Sept. 22, 1997; Amdt. 173-259, 63 FR 8142, Feb. 18, 1998; 
66 FR 45380, Aug. 28, 2001]