Code of Federal Regulations (alpha)

CFR /  Title 49  /  Part 173  /  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--

(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. (1) A packaging is authorized for a hazardous material only if--

(1) A packaging is authorized for a hazardous material only if--

(i) 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

(ii) The packaging is permitted under, and conforms to, provisions contained in subparts B or C of part 171 of this subchapter or Sec. 173.3, Sec. 173.4, Sec. 173.4a, Sec. 173.4b, Sec. 173.5, Sec. 173.5a, Sec. 173.6, Sec. 173.7, Sec. 173.8, Sec. 173.27, or Sec. 176.11 of this subchapter.

(2) The use of supplementary packagings within an outer packaging (e.g., an intermediate packaging or a receptacle inside a required inner packaging) additional to what is required by this subchapter is authorized provided all applicable requirements of this subchapter are met and, when necessary, suitable cushioning is used to prevent movement within the packaging.

(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.

(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 (IBR, 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.

(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.

(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 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 C (64 F) for 180 days in accordance with Test Method 1 in appendix B of this part;

(B) 50 C (122 F) for 28 days in accordance with Test Method 2 in appendix B of this part; or

(C) 60 C (140 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--

(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) Except for shipments of cryogenic liquids as specified in Sec. 173.320(c) and of carbon dioxide, solid (dry ice), 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;

(4) For bulk packagings, other than IBCs, 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; and

(5) Intermediate bulk packagings (IBCs) may be vented when required to reduce internal pressure that may develop by the evolution of gas subject to the requirements of paragraphs (g)(1) through (g)(3) of this section. The IBC must be of a type that has successfully passed (with the vent in place) the applicable design qualification tests with no release of hazardous material.

(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 Secs. 173.24a(d) and 173.24b(a), respectively.

(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 Secs. 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 Secs. 173.301 through 173.306 for cylinders and Secs. 173.314 through 173.319 for bulk packagings.

(i) Air transportation. Except as provided in subpart C of part 171 of this subchapter, packages prepared under Sec. 173.167 of this part, or packages prepared under Packing Instruction Y963 of the ICAO Technical Instructions, packages offered or intended for transportation by aircraft must conform to the general requirements for transportation by aircraft in Sec. 173.27. [Amdt. 173-224, 55 FR 52610, Dec. 21, 1990]

Editorial Note: For Federal Register citations affecting Sec. 173.24, see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and at www.fdsys.gov. Sec. 173.24a Additional general requirements for non-bulk packagingsand packages.

(a) Packaging design. Except as provided in Sec. 172.312 of this subchapter:

(1) Inner packaging closures. A combination packaging containing liquid hazardous materials must be packed so that closures on inner packagings are upright.

(2) Friction. The nature and thickness of the outer packaging must be such that friction during transportation is not likely to generate an amount of heat sufficient to alter dangerously the chemical stability of the contents.

(3) Securing and cushioning. Inner packagings of combination packagings must be so packed, secured and cushioned to prevent their breakage or leakage and to control their shifting within the outer packaging under conditions normally incident to transportation. Cushioning material must not be capable of reacting dangerously with the contents of the inner packagings or having its protective properties significantly weakened in the event of leakage.

(4) Metallic devices. Nails, staples and other metallic devices shall not protrude into the interior of the outer packaging in such a manner as to be likely to damage inner packagings or receptacles.

(5) Vibration. Each non-bulk package must be capable of withstanding, without rupture or leakage, the vibration test procedure specified in Sec. 178.608 of this subchapter.

(b) Non-bulk packaging filling limits. (1) A single or composite non-bulk packaging may be filled with a liquid hazardous material only when the specific gravity of the material does not exceed that marked on the packaging, or a specific gravity of 1.2 if not marked, except as follows:

(1) A single or composite non-bulk packaging may be filled with a liquid hazardous material only when the specific gravity of the material does not exceed that marked on the packaging, or a specific gravity of 1.2 if not marked, except as follows:

(i) A Packing Group I packaging may be used for a Packing Group II material with a specific gravity not exceeding the greater of 1.8, or 1.5 times the specific gravity marked on the packaging, provided all the performance criteria can still be met with the higher specific gravity material;

(ii) A Packing Group I packaging may be used for a Packing Group III material with a specific gravity not exceeding the greater of 2.7, or 2.25 times the specific gravity marked on the packaging, provided all the performance criteria can still be met with the higher specific gravity material; and

(iii) A Packing Group II packaging may be used for a Packing Group III material with a specific gravity not exceeding the greater of 1.8, or 1.5 times the specific gravity marked on the packaging, provided all the performance criteria can still be met with the higher specific gravity material.

(2) Except as otherwise provided in this section, a non-bulk packaging may not be filled with a hazardous material to a gross mass greater than the maximum gross mass marked on the packaging.

(3) A single or composite non-bulk packaging which is tested and marked for liquid hazardous materials may be filled with a solid hazardous material to a gross mass, in kilograms, not exceeding the rated capacity of the packaging in liters, multiplied by the specific gravity marked on the packaging, or 1.2 if not marked. In addition:

(i) A single or composite non-bulk packaging which is tested and marked for Packing Group I liquid hazardous materials may be filled with a solid Packing Group II hazardous material to a gross mass, in kilograms, not exceeding the rated capacity of the packaging in liters, multiplied by 1.5, multiplied by the specific gravity marked on the packaging, or 1.2 if not marked.

(ii) A single or composite non-bulk packaging which is tested and marked for Packing Group I liquid hazardous materials may be filled with a solid Packing Group III hazardous material to a gross mass, in kilograms, not exceeding the rated capacity of the packaging in liters, multiplied by 2.25, multiplied by the specific gravity marked on the packaging, or 1.2 if not marked.

(iii) A single or composite non-bulk packaging which is tested and marked for Packing Group II liquid hazardous materials may be filled with a solid Packing Group III hazardous material to a gross mass, in kilograms, not exceeding the rated capacity of the packaging in liters, multiplied by 1.5, multiplied by the specific gravity marked on the packaging, or 1.2 if not marked.

(4) Packagings tested as prescribed in Sec. 178.605 of this subchapter and marked with the hydrostatic test pressure as prescribed in Sec. 178.503(a)(5) of this subchapter may be used for liquids only when the vapor pressure of the liquid conforms to one of the following:

(i) The vapor pressure must be such that the total pressure in the packaging (i.e., the vapor pressure of the liquid plus the partial pressure of air or other inert gases, less 100 kPa (15 psia)) at 55 C (131 F), determined on the basis of a maximum degree of filling in accordance with paragraph (d) of this section and a filling temperature of 15 C (59 F)), will not exceed two-thirds of the marked test pressure;

(ii) The vapor pressure at 50 C (122 F) must be less than four-sevenths of the sum of the marked test pressure plus 100 kPa (15 psia); or

(iii) The vapor pressure at 55 C (131 F) must be less than two-thirds of the sum of the marked test pressure plus 100 kPa (15 psia).

(5) No hazardous material may remain on the outside of a package after filling.

(c) Mixed contents. (1) An outer non-bulk packaging may contain more than one hazardous material only when--

(1) An outer non-bulk packaging may contain more than one hazardous material only when--

(i) The inner and outer packagings used for each hazardous material conform to the relevant packaging sections of this part applicable to that hazardous material;

(ii) The package as prepared for shipment meets the performance tests prescribed in part 178 of this subchapter for the packing group indicating the highest order of hazard for the hazardous materials contained in the package;

(iii) Corrosive materials (except ORM-D) in bottles are further packed in securely closed inner receptacles before packing in outer packagings; and

(iv) For transportation by aircraft, the total net quantity does not exceed the lowest permitted maximum net quantity per package as shown in Column 9a or 9b, as appropriate, of the Sec. 172.101 table. The permitted maximum net quantity must be calculated in kilograms if a package contains both a liquid and a solid.

(2) A packaging containing inner packagings of Division 6.2 materials may not contain other hazardous materials except--

(i) Refrigerants, such as dry ice or liquid nitrogen, as authorized under the HMR;

(ii) Anticoagulants used to stabilize blood or plasma; or

(iii) Small quantities of Class 3, Class 8, Class 9, or other materials in Packing Groups II or III used to stabilize or prevent degradation of the sample, provided the quantity of such materials does not exceed 30 mL (1 ounce) or 30 g (1 ounce) in each inner packaging. The maximum quantity in an outer package, including a hazardous material used to preserve or stabilize a sample, may not exceed 4 L (1 gallon) or 4 kg (8.8 pounds). Such preservatives are not subject to the requirements of this subchapter.

(d) Liquids must not completely fill a receptacle at a temperature of 55 C (131 F) or less. [Amdt. 173-224, 55 FR 52611, Dec. 21, 1990, as amended at 56 FR 66265, Dec. 20, 1991; 57 FR 45460, Oct. 1, 1992; 58 FR 51532, Oct. 1, 1993; Amdt. 173-255, 61 FR 50624, Sept. 26, 1996; 66 FR 45380, Aug. 28, 2001; 68 FR 61941, Oct. 30, 2003; 71 FR 32258, June 2, 2006] Sec. 173.24b Additional general requirements for bulk packagings.

(a) Outage and filling limits. (1) Except as otherwise provided in this subchapter, liquids and liquefied gases must be so loaded that the outage is at least five percent for materials poisonous by inhalation, or at least one percent for all other materials, of the total capacity of a cargo tank, portable tank, tank car (including dome capacity), multi-unit tank car tank, or any compartment thereof, at the following reference temperatures--

(1) Except as otherwise provided in this subchapter, liquids and liquefied gases must be so loaded that the outage is at least five percent for materials poisonous by inhalation, or at least one percent for all other materials, of the total capacity of a cargo tank, portable tank, tank car (including dome capacity), multi-unit tank car tank, or any compartment thereof, at the following reference temperatures--

(i) 46 C (115 F) for a noninsulated tank;

(ii) 43 C (110 F) for a tank car having a thermal protection system, incorporating a metal jacket that provides an overall thermal conductance at 15.5 C (60 F) of no more than 10.22 kilojoules per hour per square meter per degree Celsius (0.5 Btu per hour/per square foot/ per degree F) temperature differential; or

(iii) 41 C (105 F) for an insulated tank.

(2) Hazardous materials may not be loaded into the dome of a tank car. If the dome of the tank car does not provide sufficient outage, vacant space must be left in the shell to provide the required outage.

(b) Equivalent steel. For the purposes of this section, the reference stainless steel is stainless steel with a guaranteed minimum tensile strength of 51.7 deka newtons per square millimeter (75,000 psi) and a guaranteed elongation of 40 percent or greater. Where the regulations permit steel other than stainless steel to be used in place of a specified stainless steel (for example, as in Sec. 172.102 of this subchapter, special provision B30), the minimum thickness for the steel must be obtained from one of the following formulas, as appropriate:

Formula for metric units e1 = (12.74e0) / (Rm1 A1)\1/3\

Formula for non-metric units e1 = (144.2e0) / (Rm1 A1)\1/3\ where: e0 = Required thickness of the reference stainless steel in

mm or inches respectively;e1 = Equivalent thickness of the steel used in mm or inches

respectively;Rm1 = Specified minimum tensile strength of the steel used in

deka-newtons per square millimeter or pounds per square inch

respectively; andA1 = Specified minimum percentage elongation of the steel

used multiplied by 100 (for example, 20 percent times 100

equals 20). Elongation values used must be determined from a

50 mm or 2 inch test specimen.

(c) Air pressure in excess of ambient atmospheric pressure may not be used to load or unload any lading which may create an air-enriched mixture within the flammability range of the lading in the vapor space of the tank.

(d) A bulk packaging may not be loaded with a hazardous material that:

(1) Is at a temperature outside of the packaging's design temperature range; or

(2) Except as otherwise provided in this subchapter, exceeds the maximum weight of lading marked on the specification plate.

(e) Stacking of IBCs and Large Packagings. (1) IBCs and Large Packagings not designed and tested to be stacked. No packages or freight (hazardous or otherwise) may be stacked upon an IBC or a Large Packaging that was not designed and tested to be stacked upon.

(1) IBCs and Large Packagings not designed and tested to be stacked. No packages or freight (hazardous or otherwise) may be stacked upon an IBC or a Large Packaging that was not designed and tested to be stacked upon.

(2) IBCs and Large Packagings designed and tested to be stacked. The superimposed weight placed upon an IBC or a Large Packaging designed to be stacked may not exceed the maximum permissible stacking test mass marked on the packaging.

(f) UN portable tanks. (1) A UN portable tank manufactured in the United States must conform in all details to the applicable requirements in parts 172, 173, 178 and 180 of this subchapter.

(1) A UN portable tank manufactured in the United States must conform in all details to the applicable requirements in parts 172, 173, 178 and 180 of this subchapter.

(2) UN portable tanks manufactured outside the United States. A UN portable tank manufactured outside the United States, in accordance with national or international regulations based on the UN Recommendations (IBR, see Sec. 171.7 of this subchapter), which is an authorized packaging under Sec. 173.24 of this subchapter, may be filled, offered and transported in the United States, if the Sec. 172.101 Table of this subchapter authorizes the hazardous material for transportation in the UN portable tank and it conforms to the applicable T codes, and tank provision codes, or other special provisions assigned to the hazardous material in Column (7) of the Table. In addition, the portable tank must--

(i) Conform to applicable provisions in the UN Recommendations (IBR, see Sec. 171.7 of this subchapter) and the requirements of this subpart;

(ii) Be capable of passing the prescribed tests and inspections in part 180 of this subchapter applicable to the UN portable tank specification;

(iii) Be designed and manufactured according to the ASME Code (IBR, see Sec. 171.7 of this subchapter) or a pressure vessel design code approved by the Associate Administrator;

(iv) Be approved by the Associate Administrator when the portable tank is designed and constructed under the provisions of an alternative arrangement (see Sec. 178.274(a)(2) of this subchapter); and

(v) The competent authority of the country of manufacture must provide reciprocal treatment for UN portable tanks manufactured in the United States. [Amdt. 173-224, 55 FR 52612, Dec. 21, 1990, as amended at 56 FR 66266, Dec. 20, 1991; Amdt. 173-234, 58 FR 51532, Oct. 1, 1993; Amdt. 173-243, 60 FR 40038, Aug. 4, 1995; Amdt. 173-252, 61 FR 28676, June 5, 1996; Amdt. 173-255, 61 FR 50624, Sept. 26, 1996; 66 FR 33426, June 21, 2001; 67 FR 15743, Apr. 3, 2002; 68 FR 75742, Dec. 31, 2003; 74 FR 2255, Jan. 14, 2009; 76 FR 56315, Sept. 13, 2011]