Use of packagings authorized under exemptions.

(a) Except as provided in paragraph (b) of this section, no person may offer a hazardous material for transportation in a packaging the use of which is dependent upon an exemption issued under subpart B of part 107 of this title, unless that person is the holder of or a party to the exemption.

(b) If an exemption authorizes the use of a packaging for the shipment or transportation of a hazardous material by any person or class of persons other than or in addition to the holder of the exemption, that person or a member of that class of persons may use the packaging for the purposes authorized in the exemption subject to the terms specified therein. However, no person may use a packaging under the authority of this paragraph unless he maintains a copy of the exemption at each facility where the packaging is being used in connection with the shipment or transportation of the hazardous material concerned. Copies of exemptions may be obtained from the Associate Administrator for Hazardous Materials Safety, U.S. Department of Transportation, Washington, DC 20590-0001, Attention: RSPA Records Center.

(c) When an exemption issued to a person who offers a hazardous material contains requirements that apply to a carrier of the hazardous material, the offeror shall furnish a copy of the exemption to the carrier before or at the time a shipment is tendered.

[Amdt. 173-93, 41 FR 3478, Jan. 23, 1976, as amended by Amdt. 173-121, 43 FR 48643, Oct. 19, 1978; Amdt. 173-223, 55 FR 39981, Oct. 1, 1990; Amdt. 173-224, 56 FR 66279, Dec. 20, 1991; Amdt. 173-233, 58 FR 33305, June 16, 1993; Amdt. 173.249, 61 FR 21102, May 9, 1996; Amdt.173-249, 61 FR 51242, Oct. 1, 1996; 66 FR 45381, Aug. 28, 2001]