[Code of Federal Regulations]
[Title 49, Volume 2]
[Revised as of October 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 49CFR173.24]

[Page 420-423]
 
                        TITLE 49--TRANSPORTATION
 
 CHAPTER I--RESEARCH AND SPECIAL PROGRAMS ADMINISTRATION, DEPARTMENT OF 
                             TRANSPORTATION
 
PART 173_SHIPPERS_GENERAL REQUIREMENTS FOR SHIPMENTS AND PACKAGINGS--Table of Contents
 
     Subpart B_Preparation of Hazardous Materials for Transportation
 
Sec.  173.24  General requirements for packagings and packages.

    (a) Applicability. Except as otherwise provided in this subchapter, 
the provisions of this section apply to--
    (1) Bulk and non-bulk packagings;
    (2) New packagings and packagings which are reused; and
    (3) Specification and non-specification packagings.
    (b) Each package used for the shipment of hazardous materials under 
this subchapter shall be designed, constructed, maintained, filled, its 
contents so limited, and closed, so that under conditions normally 
incident to transportation--

[[Page 421]]

    (1) Except as otherwise provided in this subchapter, there will be 
no identifiable (without the use of instruments) release of hazardous 
materials to the environment;
    (2) The effectiveness of the package will not be substantially 
reduced; for example, impact resistance, strength, packaging 
compatibility, etc. must be maintained for the minimum and maximum 
temperatures, changes in humidity and pressure, and shocks, loadings and 
vibrations, normally encountered during transportation;
    (3) There will be no mixture of gases or vapors in the package which 
could, through any credible spontaneous increase of heat or pressure, 
significantly reduce the effectiveness of the packaging;
    (4) There will be no hazardous material residue adhering to the 
outside of the package during transport.
    (c) Authorized packagings. A packaging is authorized for a hazardous 
material only if--
    (1) The packaging is prescribed or permitted for the hazardous 
material in a packaging section specified for that material in Column 8 
of the Sec.  172.101 table and conforms to applicable requirements in 
the special provisions of Column 7 of the Sec.  172.101 table and, for 
specification packagings (but not including UN standard packagings 
manufactured outside the United States), the specification requirements 
in parts 178 and 179 of this subchapter; or
    (2) The packaging is permitted under, and conforms to, provisions 
contained in Sec. Sec.  171.11, 171.12, 171.12a, 173.3, 173.4, 173.5, 
173.7, 173.27, or 176.11 of this subchapter.
    (d) Specification packagings and UN standard packagings manufactured 
outside the U.S.--(1) Specification packagings. A specification 
packaging, including a UN standard packaging manufactured in the United 
States, must conform in all details to the applicable specification or 
standard in part 178 or part 179 of this subchapter.
    (2) UN standard packagings manufactured outside the United States. A 
UN standard packaging manufactured outside the United States, in 
accordance with national or international regulations based on the UN 
Recommendations (see Sec.  171.7 of this subchapter), may be imported 
and used and is considered to be an authorized packaging under the 
provisions of paragraph (c)(1) of this section, subject to the following 
conditions and limitations:
    (i) The packaging fully conforms to applicable provisions in the UN 
Recommendations and the requirements of this subpart, including reuse 
provisions;
    (ii) The packaging is capable of passing the prescribed tests in 
part 178 of this subchapter applicable to that standard; and
    (iii) The competent authority of the country of manufacture provides 
reciprocal treatment for UN standard packagings manufactured in the U.S.
    (e) Compatibility. (1) Even though certain packagings are specified 
in this part, it is, nevertheless, the responsibility of the person 
offering a hazardous material for transportation to ensure that such 
packagings are compatible with their lading. This particularly applies 
to corrosivity, permeability, softening, premature aging and 
embrittlement.
    (2) Packaging materials and contents must be such that there will be 
no significant chemical or galvanic reaction between the materials and 
contents of the package.
    (3) Plastic packagings and receptacles. (i) Plastic used in 
packagings and receptacles must be of a type compatible with the lading 
and may not be permeable to an extent that a hazardous condition is 
likely to occur during transportation, handling or refilling.
    (ii) Each plastic packaging or receptacle which is used for liquid 
hazardous materials must be capable of withstanding without failure the 
procedure specified in appendix B of this part (``Procedure for Testing 
Chemical Compatibility and Rate of Permeation in Plastic Packagings and 
Receptacles''). The procedure specified in appendix B of this part must 
be performed on each plastic packaging or receptacle used for Packing 
Group I materials. The maximum rate of permeation of hazardous lading 
through or into the plastic packaging or receptacles may not

[[Page 422]]

exceed 0.5 percent for materials meeting the definition of a Division 
6.1 material according to Sec.  173.132 and 2.0 percent for other 
hazardous materials, when subjected to a temperature no lower than--
    (A) 18 [deg]C (64 [deg]F) for 180 days in accordance with Test 
Method 1 in appendix B of this part;
    (B) 50 [deg]C (122 [deg]F) for 28 days in accordance with Test 
Method 2 in appendix B of this part; or
    (C) 60 [deg]C (140 [deg]F) for 14 days in accordance with Test 
Method 3 in appendix B of this part.
    (iii) Alternative procedures or rates of permeation are permitted if 
they yield a level of safety equivalent to or greater than that provided 
by paragraph (e)(3)(ii) of this section and are specifically approved by 
the Associate Administrator.
    (4) Mixed contents. Hazardous materials may not be packed or mixed 
together in the same outer packaging with other hazardous or 
nonhazardous materials if such materials are capable of reacting 
dangerously with each other and causing--
    (i) Combustion or dangerous evolution of heat;
    (ii) Evolution of flammable, poisonous, or asphyxiant gases; or
    (iii) Formation of unstable or corrosive materials.
    (5) Packagings used for solids, which may become liquid at 
temperatures likely to be encountered during transportation, must be 
capable of containing the hazardous material in the liquid state.
    (f) Closures. (1) Closures on packagings shall be so designed and 
closed that under conditions (including the effects of temperature, 
pressure and vibration) normally incident to transportation--
    (i) Except as provided in paragraph (g) of this section, there is no 
identifiable release of hazardous materials to the environment from the 
opening to which the closure is applied; and
    (ii) The closure is leakproof and secured against loosening. For air 
transport, stoppers, corks or other such friction closures must be held 
in place by positive means.
    (2) Except as otherwise provided in this subchapter, a closure 
(including gaskets or other closure components, if any) used on a 
specification packaging must conform to all applicable requirements of 
the specification and must be closed in accordance with information, as 
applicable, provided by the manufacturer's notification required by 
Sec.  178.2 of this subchapter.
    (g) Venting. Venting of packagings, to reduce internal pressure 
which may develop by the evolution of gas from the contents, is 
permitted only when--
    (1) Transportation by aircraft is not involved;
    (2) Except as otherwise provided in this subchapter, the evolved 
gases are not poisonous, likely to create a flammable mixture with air 
or be an asphyxiant under normal conditions of transportation;
    (3) The packaging is designed so as to preclude an unintentional 
release of hazardous materials from the receptacle; and
    (4) For shipments in bulk packagings, venting is authorized for the 
specific hazardous material by a special provision in the Sec.  172.101 
table or by the applicable bulk packaging specification in part 178 of 
this subchapter.
    (h) Outage and filling limits--(1) General. When filling packagings 
and receptacles for liquids, sufficient ullage (outage) must be left to 
ensure that neither leakage nor permanent distortion of the packaging or 
receptacle will occur as a result of an expansion of the liquid caused 
by temperatures likely to be encountered during transportation. 
Requirements for outage and filling limits for non-bulk and bulk 
packagings are specified in Sec. Sec.  173.24a(d) and 173.24b(a), 
respectively.
    (2) Compressed gases and cryogenic liquids. Filling limits for 
compressed gases and cryogenic liquids are specified in Sec. Sec.  
173.301 through 173.306 for cylinders and Sec. Sec.  173.314 through 
173.319 for bulk packagings.
    (i) Air transportation. Packages offered or intended for 
transportation by aircraft must conform to the general

[[Page 423]]

requirements for transportation by aircraft in Sec.  173.27, except as 
provided in Sec.  171.11 of this subchapter.

[Amdt. 173-224, 55 FR 52610, Dec. 21, 1990, as amended by Amdt. 173-227, 
56 FR 49989, Oct. 2, 1991; 56 FR 66265, Dec. 20, 1991; Amdt. 173-238, 59 
FR 38064, July 26, 1994; Amdt. 173-241, 59 FR 67491, Dec. 29, 1994; 
Amdt. 173-242, 60 FR 26805, May 18, 1995; 66 FR 8647, Feb. 1, 2001; 66 
FR 45379, 81, Aug. 28, 2001; 68 FR 45032, July 31, 2003]