[Code of Federal Regulations]
[Title 49, Volume 2]
[Revised as of October 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 49CFR173.9]

[Page 439-441]
 
                        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.
    (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 (e) 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) No person may affix or display on a rail car, freight container, 
truck body, or trailer the FUMIGANT marking specified in paragraph (e) 
of this section, unless the lading has been fumigated or is undergoing 
fumigation.
    (d) The FUMIGANT marking required by paragraph (b) of this section 
must remain on the rail car, freight container, truck body, or trailer 
until the rail car, freight container, truck body, or trailer has been 
completely ventilated either by opening the doors of the unit or by 
mechanical ventilation to ensure no harmful concentration of gas remains 
after fumigation has been completed.
    (e) FUMIGANT marking. (1) The FUMIGANT marking must consist of red 
or black 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 440]]

[GRAPHIC] [TIFF OMITTED] TR29DE06.002

    (2) The ``*'' shall be replaced with the technical name of the 
fumigant.
    (f) A closed cargo transport unit that has been fumigated is not 
subject to any other provisions of this subchapter if it--
    (1) Has been completely ventilated either by opening the doors of 
the unit or by mechanical ventilation after fumigation, and
    (2) Displays the FUMIGANT marking, including the date of 
ventilation.

[[Page 441]]

    (g) For international shipments, transport documents should indicate 
the date of fumigation, type and amount of fumigant used, and 
instructions for disposal of any residual fumigant, including fumigation 
devices.
    (h) 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.
    (i) 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 
requirements of this subchapter other than those contained in this 
section.

[71 FR 78629, Dec. 29, 2006]