[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: 49CFR173.3]

[Page 416-417]
 
                        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. 173.3  Packaging and exceptions.

    (a) The packaging of hazardous materials for transportation by air, 
highway, rail, or water must be as specified in this part. Methods of 
manufacture, packing, and storage of hazardous materials, that affect 
safety in transportation, must be open to inspection by a duly 
authorized representative of the initial carrier or of the Department. 
Methods of manufacture and related functions necessary for completion of 
a DOT specification or U.N. standard packaging must be open to 
inspection by a representative of the Department.
    (b) The regulations setting forth packaging requirements for a 
specific material apply to all modes of transportation unless otherwise 
stated, or unless exceptions from packaging requirements are authorized.
    (c) Salvage drums. Packages of hazardous materials that are damaged, 
defective, or found leaking and hazardous

[[Page 417]]

materials that have spilled or leaked may be placed in a metal or 
plastic removable head salvage drum that is compatible with the lading 
and shipped for repackaging or disposal under the following conditions:
    (1) Except as provided in paragraph (c)(7) of this section, the drum 
must be a UN 1A2, 1B2, 1N2 or 1H2 tested and marked for Packing Group 
III or higher performance standards for liquids or solids and a 
leakproofness test of 20 kPa (3 psig). Alternatively, a drum 
manufactured and marked prior to October 1, 1993 as a salvage drum, in 
accordance with the provisions of this section in effect on September 
30, 1991, is authorized. Capacity of the drum may not exceed 450 L (119 
gallons).
    (2) Each drum shall be provided when necessary with sufficient 
cushioning and absorption material to prevent excessive movement of the 
damaged package and to eliminate the presence of any free liquid at the 
time the salvage drum is closed. All cushioning and absorbent material 
used in the drum must be compatible with the hazardous material.
    (3) Each salvage packaging must be marked with the proper shipping 
name of the hazardous material inside the packaging and the name and 
address of the consignee. In addition, the packaging must be marked 
``SALVAGE'' or ``SALVAGE DRUM''.
    (4) Each drum shall be labeled as prescribed for the respective 
material.
    (5) The shipper shall prepare shipping papers in accordance with 
subpart C of part 172 of this subchapter.
    (6) The overpack requirements of Sec. 173.25 do not apply to drums 
used in accordance with this paragraph.
    (7) A salvage packaging marked ``T'' in accordance with applicable 
provisions in the UN Recommendations may be used.
    (d) Emergency transportation of DOT 3A480 or 3AA480 cylinders and 
DOT 106A500 multi-unit tank car tanks. (1) A DOT 3A480 or DOT 3AA480 
cylinder containing chlorine or sulphur dioxide that has developed a 
leak in a valve or fusible plug may be repaired temporarily by trained 
personnel using a Chlorine Institute Kit ``A'' (IBR, see Sec. 171.7 of 
this subchapter). The repaired cylinder is authorized to be transported 
by private or contract carrier one time, one way, from the point of 
discovery to a proper facility for discharge and examination.
    (2) A DOT 106A500 multi-unit tank car tank containing chlorine or 
sulphur dioxide that has developed a leak in the valve or fusible plug 
may be temporarily repaired by trained personnel using a Chlorine 
Institute Kit ``B'' (IBR, see Sec. 171.7 of this subchapter). The 
repaired tank is authorized to be transported by private or contract 
carrier one time, one way, from the point of discovery to a proper 
facility for discharge and examination.
    (3) Training for personnel making the repairs in paragraphs (d)(1) 
and (d)(2) of this section must include:
    (i) Proper use of the devices and tools in the applicable kits;
    (ii) Use of respiratory equipment and all other safety equipment; 
and
    (iii) Knowledge of the properties of chlorine and sulphur dioxide.
    (4) Packagings repaired with ``A'' or ``B'' kits must be properly 
blocked and braced to ensure the packagings are secured in the transport 
vehicle.

[Amdt. 173-224, 55 FR 52607, Dec. 21, 1990, as amended at 56 FR 66265, 
Dec. 20, 1991; Amdt. 173-234, 58 FR 51531, Oct. 1, 1993; Amdt. 173-261, 
62 FR 24719, May 6, 1997; 66 FR 45380, Aug. 28, 2001; 68 FR 48569, Aug. 
14, 2003]

    Effective Date Note: At 68 FR 61941, Oct. 30, 2003, Sec. 173.3 was 
amended in paragraph (c)(2) by revising the word ``movement'' to read 
``shifting'', effective Oct. 1, 2004. At 69 FR 30588, May 28, 2004, the 
effective date was delayed until Jan. 1, 2005.