No. 76253 dated Mar. 10, 1951, may be shipped to destinations in the United States or through the United States to points in Canada.

(b) Specification containers made and maintained in full compliance with corresponding specifications prescribed by the Board of Transport Commissioners for Canada in its Regulations for the Transportation of Explosives and Other Dangerous Articles by Freight, and Specifications for Shipping Containers, and marked in accordance therewith, BTC, CRC, etc., may be used for shipment of explosives and other dangerous articles offered for transportation by carriers by rail freight, rail express, highway, or water.

[29 F.R. 18671, Dec. 29, 1954]

§ 73.9 Import and export shipments.

(a) Import shipments of explosives and other dangerous articles offered in the United States in original packages for transportation by carriers by rail freight, rail express, motor vehicle, or water must comply with all requirements of the regulations in Parts 71-79 of this chapter. Except for shipments from Canada conforming with § 73.8, the importer must furnish with the order to the foreign shipper, and also to the forwarding agent at the port of entry, full and complete information as to the packing, marking, labeling, and other requirements, as prescribed in Parts 71-79 of this chapter, and the forwarding agent must file with the initial carrier in the United States a properly certified shipping order or other shipping papers as prescribed in this part. Except for the requirements of §§ 77.817 and 77.823 of this chapter, the provisions of Parts 7179 of this chapter do not apply to such transportation by motor vehicle or water as may be necessary to effect transfer of import shipments from place of discharge to other places within the same port area or delivery to a water carrier within the same port area (including contiguous harbors). Further transportation of such import shipments by connecting water carrier shall be subject to the regulations prescribed by the Commandant of the Coast Guard.

(b) Shipments of explosives and other dangerous articles offered for transportation by common carrier by water from the United States,its insular possessions, or dependencies, destined to such insular

possessions or territory, dependencies, or to a foreign country, must be packed, marked, labeled and described in accordance with the rules and regulations in force at destination ports or as prescribed in Parts 71-79 of this chapter.

(c) Outside shipping containers for export shipments offered for transportation by carriers subject to Parts 71-79 of this chapter may have specification markings prescribed for containers plainly and legibly shown on labels or tags securely fastened thereto in lieu of marking requirements as prescribed for containers by Part 78 of this chapter. [29 F.R. 18671. Dec. 29, 1964]

§ 73.10 Inefficient containers.

(a) The results of experience gained by examination of broken or leaking containers must be recorded by the Bureau of Explosives to the end that further use of any particular kind of container shown by experience to be inefficient, may be prohibited by the Commission. [29 F.R. 18671, Dec. 29, 1964]

§ 73.11 Violations and accidents to be reported.

(a) Consignees must report promptly to the Bureau of Explosives all instances of improper staying and broken, leaking, or defective containers of explosives or other dangerous articles in shipments received by them.

(b) The Bureau of Explosives, upon receipt of reports from consignees, should promptly report to the shipper full particulars covering all such cases. [29 F.R. 18671, Dec. 29, 1964]

Subpart A-Preparation of Articles for Transportation by Carriers by Rail Freight, Rail Express, Highway, or Water

SOURCE: The provisions of this Subpart A appear at 29 F.R. 18671, Dec. 29, 1964, except as otherwise noted.

fied in §§ 73.152(a), 73.242 (a), (b) and 73.301(a).

(b) The offering for transportation of any package or container of any liquid, solid or gaseous material which under conditions incident to transportation may polymerize (combine or react with itself) or decompose so as to cause dangerous evolution of heat or gas is prohibited. Such materials may be offered for transportation when properly stabilized or inhibited. Refrigeration may be used as a means of stabilization only when approved by the Bureau of Explosives.

(c) The offering for transportation of any package or container of any material which will cause a dangerous evolution of heat or gas under conditions normally incident to transportation is forbidden.

(a) Shipping containers, unless otherwise provided in this part (see § 73.9 (c)), used hereafter in shipping explosives or other dangerous articles, must have been made, assembled with all parts or fittings in their proper place, and marked in compliance with specifications prescribed in Part 78 of this chapter or with specifications of the Commission in effect at date of manufacture of container.

(1) Because of the present emergency and until further order of the Commission, containers approved for emergency or experimental shipments may be authorized in the discretion of, and upon special permit to be issued by the Director or Acting Director, Bureau of Operations and Compliance, Washington, D.C.

(b) Containers that do not comply with the specifications must not be marked to indicate such compliance.

(c) Containers not specified in this part, made before the effective date of the regulations in Parts 71-79 of this chapter and authorized for use under the regulations effective October 1, 1930, which may be continued in use, are as follows:

(d) Where the regulations require spec. 22C or 15P wooden or plywood boxes or drums, spec. 1F or 1G, polyethylene carboys in wooden or plywood boxes or drums, respectively, may be continued in use for the commodities and gross weights for which they were previously authorized until further order of the Commission.

(e) Spec. 5G metal drums manufactured prior to May 12, 1954, may be continued in service until further order of the Commission.

(f) Where the regulations require spec. 37A or 37B (§ 78.131 or § 78.132 of this chapter) metal drums, spec. 37D, 37E, 37F, 37G, and 37H metal drums manufactured prior to August 30, 1955, may be continued in use for commodities and gross weights for which they were previously authorized until further order of the Commission.

(g) Spec. 2S (§ 78.35 of this chapter) polyethylene drums manufactured prior to July 19, 1959 may be continued in serv. ice provided they are in satisfactory condition for service or until further order of the Commission.

(h) Aluminum drums complying with Spec. 42G, manufactured prior to February 28, 1960, may be continued in service, provided they are plainly marked ICC-42G, are embossed with maker's name or symbol, gauge of metal, capacity, year of manufacture, and are capable of withstanding the leakage test prescribed by § 78.111-11 of this chapter.

(i) Where the regulations require spec. 21C (§ 78.224 of this chapter) fiber drums, spec. 21A or 21B fiber drums manufactured prior to June 27, 1962, may be used for commodities and gross weights for which they were previously

authorized until further order of the Commission.

(j) Specs. 42B and 42D (§§ 78.107 and 78.109 of this chapter) aluminum drums having rolling hoops attached to drums by tack-welding and manufactured prior to February 28, 1960, may be continued in service until further order of the Commission.

(k) Where the regulations require spec. 6D or 37M (§ 78.102 or 78.134 of this chapter) cylindrical steel overpacks, spec. 5B, 6J or 37A (single-trip container) (§ 78.82, 78.100 or 78.131 of this chapter) metal drums manufactured prior to March 18, 1964, having inside spec. 2S, 2SL, 2T or 2TL polyethylene container, may be continued in use for the commodities and gross weights for which they were previously authorized until further order of the Commission. [29 F.R. 18671, Dec. 29, 1964, as amended by Order 68, 30 F.R. 8588, July 7, 1965] § 73.23 Closures for containers.

(a) Outside containers must be closed for shipment as prescribed in the specifications for the container unless otherwise authorized for the particular article being shipped and in addition, closures of inside containers must be secured in a manner that will prevent leakage of contents under conditions of normal transportation. Gasketed closures must be fitted with gaskets of efficient material which will not be deteriorated by the contents of the container. § 73.24 Design of containers.

(a) In addition to standing the tests prescribed, the design and construction of inside and outside containers must be such as to prevent the occurrence in individual packages of defects that permit leakage of their contents under ordinary conditions incident to transportation.

(b) Articles for which detailed specifications for packing are not given in this part must be securely packed in containers strong enough to stand, without rupture or leakage of contents, all shocks ordinarily incident to handling during transit.

§ 73.25 Specification containers in outside containers.

(a) Outside specification shipping containers containing no acids or corrosive liquids may be shipped when tightly packed in strong outside fiberboard boxes or drums, wooden boxes, barrels or crates, metal barrels or drums, or other enclosures. The outside shipping container

must be marked with the prescribed name of contents and labeled as required. Packages required by the regulations in this part to be marked "This Side Up" or "This End Up" must be packed in the outside package with their filling holes up, and the outside package must be marked "THIS SIDE UP" or "THIS END UP". The outside container must also be marked "INSIDE PACKAGES COMPLY WITH PRESCRIBED SPECIFICATIONS" unless the specification markings on the inside packages are visible through openings in the outside package.

(b) Outside specification shipping containers containing acids or other corrosive liquids, except nitric acid, perchloric acid, or hydrogen peroxide solution containing over 52 percent hydrogen peroxide by weight, may be shipped when tightly packed in strong outside fiberboard or wooden boxes, or in wooden crates, provided such outside container shall not contain any other article except under the following conditions:

(1) As provided in §§ 73.242, 73.257, 73.258, 73.259, 73.260, 73.261, and 73.286.

(2) Electrolyte acid or alkaline corrosive battery fluid in packages prescribed in §§ 73.257 and 73.258 may be included in outside shipping containers with dry charged storage batteries when packed to prevent movement within the outside containers.

(3) The outside container shall be marked with the prescribed name of contents and labeled as required and shall be marked "This Side Up" or "This End Up." The outside container must also be marked "Inside Packages Comply With Prescribed Specifications" unless the specification markings on the inside packages are visible through openings in the outside package.

§ 73.26 Quantity limitations.

(a) When quantity limitations are specified in Parts 71-79 of this chapter by United States liquid measure or by avoirdupois weight it is authorized that quantities measured by the metric system may be substituted, up to but not exceeding 1 gallon for liquids and 10 pounds for solids on the basis of 1 liter per quart specified and 500 grams per pound specified.

(b) When quantity limitations do not appear in the packing requirements. the permitted gross weight or capacity authorized for a container to be offered for transportation by carrier by rail freight

rail express, highway, or water is shown in the container specification. (See also § 73.27.) § 73.27

Rail express limitations.

(a) Dangerous articles other than explosives, except such as are not accepted for transportation, and except where special packing is prescribed in this part for rail express shipments, must, when offered for shipment by rail express, be packed, marked and labeled in compliance with this part.

(b) The maximum quantity of any explosive or other dangerous article that may be offered for transportation by rail express in one outside container must not exceed that as shown in § 72.5 of this chapter.

(c) When several dangerous articles are placed in one outside package without violating the regulations, the combined quantity of any one group must not exceed the lowest limit prescribed for any one of the articles of that group that is included.

(a) Containers used more than once (refilled and reshipped after having been previously emptied) must be in such condition, including closing devices and cushioning materials, that they will protect their contents during transit as efRepairs ficiently as new containers.

must be made in an efficient manner in accordance with requirements for materials and construction as prescribed in Part 78 of this chapter for new containers and parts that are weak, broken, or otherwise deteriorated must be replaced (see paragraphs (e), (f), (g), (h), and (i) of this section for containers that cannot be reused).

(1) Retest of carboy packages must have been made by or for shippers, or their authorized agents, as required by applicable provisions of the specifications in Part 78 of this chapter before carboys which are to be offered for transportation are filled.

NOTE 1: Tests not required by shipper who fills and ships or who reships filled carboys for one shipment only carboy packages which have been properly tested by another shipper or a duly authorized agency.

(b) Markings applied as prescribed by the specifications must be maintained in a legible condition.

(c) If, on account of painting or any other reason, the markings as prescribed for any container cannot be kept plain

and legible, a metal plate, brazed or soldered, or otherwise securely fastened to the container, with a reproduction of the prescribed markings plainly stamped thereon, will be permitted.

(d) Containers previously used for the shipment of any explosive or other dangerous article must have the old markings, including name of contents, addresses, and labels, if any, thoroughly removed or obliterated before being used for the shipment of other articles.

(e) Boxes previously used for high explosives containing a liquid explosive ingredient not contained in an inside metal container must not be again used for shipments of any character.

(1) Boxes that have been contaminated by liquid explosive compositions must not again be used for shipments of any character.

(f) Kegs previously used for any chlorate must not be again used for shipments of any character.

(g) Metal kegs previously used for black powder not contained in an interior package must not be again used for shipment of any explosive.

NOTE 1: Because of the present emergency and until further order of the Commission, metal kegs, previously used for the shipment of black powder not contained in an interior package, may be used provided the kegs are in good physical condition and are not liable to permit escape of contents during transportation. Empty kegs previously used for shipment of black powder must be entirely free of black powder on the inside and outside before being offered for transportation.

(h) Single-trip containers made under specifications prescribed in Part 78 of this chapter, from which contents have once been removed following use for shipment of any article, must not be again used as shipping containers for explosives, flammable liquids, flammable solids, oxidizing materials, corrosive liquids, or poisons, class B, C, or D, as defined in this part: Provided, That during the present emergency and until further order of the Commission, singletrip containers may be reused if retested in accordance with methods approved by the Bureau of Explosives before each reuse and approved for service for specific commodities or classes of commodities. Applications for permission for reuse should be made to the Bureau of Explosives, 63 Vesey Street, New York 7. New York.

(i) Containers which are designated as nonreusable containers, marked NRC, and made under specifications prescribed

in Part 78 of this chapter, from which contents have once been removed following use for shipment of any article, must not be again used as shipping containers for explosives, flammable liquids, flammable solids, oxidizing materials, corrosive liquids, or poisons, class B or C, as defined in this part.

(j) Cylinders or other containers which are designated as nonrefillable or for single-trip use under the specifications prescribed in Part 78 of this chapter, and from which contents have once been removed following use for the shipment of any article, must not be again used as shipping containers for compressed gases.

(k) Containers used for shipments of etching acid liquid, n.o.s. must not be reused for shipment of any commodity.

(1) Cylinders used in anhydrous hydrofluoric acid service must comply with the requirements of § 73.264(b) (1) and must not be used in any other service. [29 F.R. 18671, Dec. 29, 1964, as amended by Order 66, 30 F.R. 5743, Apr. 23, 1965]

§ 73.29 Empty containers.

(a) Empty cylinders, barrels, kegs, drums, or other containers except carboys (see paragraph (c) of this section) previously used for the shipment of any explosive or other dangerous article, as defined in this part, if authorized for reuse must have all openings including removable heads, filling and vent holes, tightly closed before being offered for transportation. Small quantities of the material with which containers were loaded may remain in "empty" containers and when the vapors remaining therein are unstable, it is permissible to add sufficient inert gas to render the vapors stable.

(b) They may be loaded in open or stock cars when desired. Cars should not be placarded but lighted open-flame lanterns or other open-flame lights should be kept away.

(c) Carboys previously used for the shipment of corrosive liquids when offered to carriers for transportation as "empty" carboys, must have been thoroughly (completely) drained. Whenever practicable they should not be loaded with valuable or perishable freight.

(d) Empty bottles other than carboys previously used for the shipment of acids or other corrosive liquids must be securely stoppered.

(e) All containers and accessories which have been used for shipments of

radioactive materials when shipped as empty must be sufficiently free of radioactive contamination so as to conform to the conditions of § 73.392 (a) (1), (2), and (3).

(f) Unless otherwise specifically provided, empty containers offered for transportation (see paragraph (a) of this section) if bearing labels described in §§ 73.405 through 73.414 (except § 73.413) of this chapter must have such labels removed, obliterated, or completely covered. The label described in § 73.413 is authorized for the latter purpose. Containers which last contained explosives on which the word "EXPLOSIVES" and/or commodity name is printed, stenciled or otherwise marked or applied, when shipped as empty shall have such marking completely covered or obliterated if shipped in less-thancarload or less-than-truckload lots, or in open-top or flat cars or open-top or flat bed motor vehicles or trailers. Covering or obliteration of such labels and markings shall not be required for carload or truckload shipments made in closed cars or van-type motor vehicles when loaded by the shipper and unloaded by the consignee or their authorized agents.

§ 73.30 Loading and placarding of cars by shippers and unloading of cars by consignees.

(a) When shipments of explosives or other dangerous articles are loaded into cars by shippers, or unloaded from cars by the consignee or his duly authorized agent, the applicable provisions of Part 74 of this chapter must be complied with. See $74.538 of this chapter for loading and storage chart.

§ 73.31 Qualification, maintenance, and use of tank cars.

(a) General qualifications for use. (1) Except as otherwise provided in subparagraph (2) of this paragraph, every tank car used for the transportation of dangerous articles shall meet the requirements of the applicable specification and regulations for the transportation of the particular commodity. See subparagraph (3) of this paragraph.

(2) In addition to the tanks authorized in Part 73, tanks built prior to July 1, 1927, in compliance with the American Railway Association's Specifications for Tank Cars or tanks built in compliance with previous specifications of the Commission, if built or under construction on the effective dates thereof,