[Code of Federal Regulations]

[Title 49, Volume 2]

[Revised as of October 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 49CFR173.7]



[Page 427-428]

 

                        TITLE 49--TRANSPORTATION

 

   CHAPTER I--PIPELINE AND HAZARDOUS MATERIALS SAFETY 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 ``Packaging of Hazardous 

Material, DLAD 4145.41/AR 700-143/AFJI 24-210/NAVSUPINST 4030.55B/MCO 

4030.40B (IBR, see Sec. 171.7 of this subchapter).'' Hazardous 

materials offered for transportation by DOD under this provision may be 

reshipped by any



[[Page 428]]



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 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 Sec. Sec. 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.