What does 49 CFR 173.13 (Exceptions for Class 3, Divisions 4.1, 4.2, 4.3, 5.1, 6.1, and Classes 8 and 9 materials) require?

Short answer

49 CFR 173.13 requires that certain hazardous materials be packaged and transported in accordance with specific requirements, including labeling, placarding, and segregation exceptions. The regulation applies to Class 3, Divisions 4.1, 4.2, 4.3, 5.1, 6.1, and Classes 8 and 9 materials.

The rule says

"A Class 3, 8 or 9, or Division 4.1, 4.2, 4.3, 5.1, or 6.1 material is excepted from the labeling (except for the CARGO AIRCRAFT ONLY label), placarding and segregation requirements of this subchapter if prepared for transportation in accordance with the requirements of this section." (49 CFR 173.13(a))

"A hazardous material conforming to the requirements of this section may be transported by motor vehicle and rail car." (49 CFR 173.13(b))

"The completed package, assembled as for transportation, must be successfully tested in accordance with part 178 of this subchapter at the Packing Group I level." (49 CFR 173.13(b))

In plain English

This regulation provides exceptions to the labeling, placarding, and segregation requirements for certain hazardous materials, but only if they are properly packaged and transported. The materials must be prepared for transportation in accordance with the requirements of this section, and the completed package must be tested at the Packing Group I level. This means that shippers and carriers must ensure that these materials are handled and transported in a way that minimizes the risk of accidents and exposure to hazardous substances.

What to do

• Ensure that Class 3, Divisions 4.1, 4.2, 4.3, 5.1, 6.1, and Classes 8 and 9 materials are properly packaged and labeled.
• Verify that the completed package is tested at the Packing Group I level.
• Comply with the placarding and segregation requirements for these materials, unless an exception applies.
• Ensure that personnel handling these materials are properly trained and equipped to do so safely.