[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: 49CFR173.8]



[Page 428-429]

 

                        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. 173.8  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 429]]



    (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]