[Code of Federal Regulations]
[Title 49, Volume 2]
[Revised as of October 1, 2006]
From the U.S. Government Printing Office via GPO Access
[CITE: 49CFR173.7]

[Page 439-440]
 
                        TITLE 49--TRANSPORTATION
 
   CHAPTER I--PIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION, 
                      DEPARTMENT OF TRANSPORTATION
 
PART 173_SHIPPERS_GENERAL REQUIREMENTS FOR SHIPMENTS AND PACKAGINGS--
 
                            Subpart A_General
 
Sec.  173.7  Government operations and materials.

    (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 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

[[Page 440]]

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.
    (f) The requirements of this subchapter do not apply to shipments of 
hazardous materials carried aboard an aircraft that is not owned by a 
government or engaged in carrying persons or property for commercial 
purposes, but is under the exclusive direction and control of the 
government for a period of not less than 90 days as specified in a 
written contract or lease. An aircraft is under the exclusive direction 
and control of a government when the government exercises responsibility 
for:
    (1) Approving crew members and determining they are qualified to 
operate the aircraft;
    (2) Determining the airworthiness and directing maintenance of the 
aircraft; and
    (3) Dispatching the aircraft, including the times of departure, 
airports to be used, and type and amount of cargo to be carried.

[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.