[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: 49CFR173.9]

[Page 422-424]
 
                        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. 173.9  Transport vehicles or freight containers containing lading 
which has been fumigated.

    (a) For the purpose of this section, not including 49 CFR part 387, 
a rail car, freight container, truck body, or trailer in which the 
lading has been fumigated with any material, or is undergoing 
fumigation, is a package containing a hazardous material, unless the 
transport vehicle or freight container has been sufficiently aerated so 
that it does not pose an unreasonable risk to health and safety.
    (b) No person may offer for transportation or transport a rail car, 
freight container, truck body, or trailer in which the lading has been 
fumigated or treated with any material, or is undergoing fumigation, 
unless the FUMIGANT marking specified in paragraph (c) of this section 
is prominently displayed so that it can be seen by any person attempting 
to enter the interior of the transport vehicle or freight container. For 
domestic transportation, a hazard warning label authorized by EPA under 
40 CFR part 156 may be used

[[Page 423]]

as an alternative to the FUMIGANT marking.
    (c) FUMIGANT marking. (1) The FUMIGANT marking must consist of red 
letters on a white background that is at least 30 cm (11.8 inches) wide 
and at least 25 cm (9.8 inches) high. Except for size and color, the 
FUMIGANT marking must be as follows:
[GRAPHIC] [TIFF OMITTED] TR08JA97.004


[[Page 424]]


    (2) The ``*'' shall be replaced with the technical name of the 
fumigant.
    (d) No person may affix or display on a rail car, freight container, 
truck body, or trailer (a package) the FUMIGANT marking specified in 
paragraph (c) of this section, unless the lading has been fumigated or 
is undergoing fumigation.
    (e) The FUMIGANT marking required by paragraph (b) of this section 
must remain on the rail car, freight container, truck body, or trailer 
until:
    (1) The fumigated lading is unloaded; and
    (2) The transport vehicle or freight container has undergone 
sufficient aeration to assure that it does not pose an unreasonable risk 
to health and safety.
    (f) For international shipments, transport documents must indicate 
the date of fumigation, type and amount of fumigant used, and 
instructions for disposal of any residual fumigant, including fumigation 
devices.
    (g) Any person subject to the requirements of this section, solely 
due to the fumigated lading, must be informed of the requirements of 
this section and the safety precautions necessary to protect themselves 
and others in the event of an incident or accident involving the 
fumigated lading.
    (h) Any person who offers for transportation or transports a rail 
car, freight container, truck body or trailer that is subject to this 
subchapter solely because of the hazardous materials designation 
specified in paragraph (a) of this section is not subject to any other 
requirements of this subchapter.

[Amdt. 173-260, 62 FR 1234, Jan. 8, 1997]