[Code of Federal Regulations]
[Title 49, Volume 2]
[Revised as of October 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 49CFR173.25]

[Page 435-436]
 
                        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. 173.25  Authorized packagings and overpacks.

    (a) Authorized packages containing hazardous materials may be 
offered for transportation in an overpack as defined in Sec. 171.8 of 
this subchapter, if all of the following conditions are met:

[[Page 436]]

    (1) The package meets the requirements of Sec. Sec. 173.21 and 
173.24 of this subchapter.
    (2) The overpack is marked with the proper shipping name and 
identification number, the air eligibility marking, when applicable, and 
is labeled as required by this subchapter for each hazardous material 
contained therein, unless markings and labels representative of each 
hazardous material in the overpack are visible.
    (3) Each package subject to the orientation marking requirements of 
Sec. 172.312 of this subchapter is packed in the overpack with its 
filling holes up and the overpack is marked with package orientation 
marking arrows on two opposite vertical sides of the overpack with the 
arrows pointing in the correct direction of orientation.
    (4) The overpack is marked with a statement indicating that the 
inside (inner) packages comply with prescribed specifications when 
specification packagings are required, unless specification markings on 
the inside packages are visible.
    (5) Packages containing Class 8 (corrosive) materials in Packing 
Group I or Division 5.1 (oxidizing) materials in Packing Group I may not 
be overpacked with any other materials.
    (b) Shrink-wrapped or stretch-wrapped trays may be used as outer 
packagings for inner packagings prepared in accordance with the limited 
quantity provisions or consumer commodity provisions of this subchapter, 
provided that--
    (1) Inner packagings are not fragile, liable to break or be easily 
punctured, such as those made of glass, porcelain, stoneware or certain 
plastics; and
    (2) Each complete package does not exceed 20 kg (44 lbs) gross 
weight.
    (c) Hazardous materials which are required to be labeled POISON may 
be transported in the same motor vehicle with material that is marked or 
known to be foodstuffs, feed or any edible material intended for 
consumption by humans or animals provided the hazardous material is 
marked, labeled, and packaged in accordance with this subchapter, 
conforms to the requirements of paragraph (a) of this section and is 
overpacked as specified in Sec. 177.841(e) of this subchapter or in an 
overpack which is a UN 1A2, 1B2, or 1N2 drum tested and marked for a 
Packing Group II or higher performance level.

[Amdt. 173-165, 48 FR 28099, June 20, 1983, as amended by Amdt. 173-224, 
55 FR 52612 Dec. 21, 1990; 56 FR 66266, Dec. 20, 1991; Amdt. 173-234, 58 
FR 51532, Oct. 1, 1993; Amdt. 173-214, 59 FR 67491, Dec. 29, 1994; 64 FR 
10776, Mar. 5, 1999; 68 FR 45032, July 31, 2003]