[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: 49CFR173.9]



[Page 429-431]

 

                        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. 173.9  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 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:



[[Page 430]]



[GRAPHIC] [TIFF OMITTED] TR08JA97.004



    (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



[[Page 431]]



remain on the rail car, freight container, truck body, or trailer until:

    (1) The fumigated lading is unloaded; or

    (2) A fumigated closed transport vehicle or freight container has 

been completely ventilated either by opening the doors of the transport 

vehicle or freight container or by mechanical ventilation to ensure no 

harmful concentration of gas remains after fumigation has been 

completed.

    (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, as amended at 69 FR 64473, 

Nov. 4, 2004]