[Code of Federal Regulations]
[Title 49, Volume 2]
[Revised as of October 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 49CFR173.23]

[Page 419]
 
                        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. 173.23  Previously authorized packaging.

    (a) When the regulations specify a packaging with a specification 
marking prefix of ``DOT,'' a packaging marked prior to January 1, 1970, 
with the prefix of ``ICC'' may be used in its place if the packaging 
otherwise conforms to applicable specification requirements.
    (b) [Reserved]
    (c) After July 2, 1982, a seamless aluminum cylinder manufactured in 
conformance with and for use under DOT special permit (SP) or exemption 
(E) 6498, 7042, 8107, 8364 or 8422 may be continued in use if marked 
before or at the time of the next retest with either the specification 
identification ``3AL'' immediately above the special permit or exemption 
number, or the DOT mark (e.g., DOT 3AL 1800) in proximity to the special 
permit or exemption marking.
    (d) Cylinders (spheres) manufactured and marked under DOT special 
permit (SP) or exemption (E) 6616 prior to January 1, 1983, may be 
continued in use if marked before or at the time of the next retest with 
the specification identification ``4BA'' near the special permit or 
exemption marking.
    (e) After October 1, 1984, cylinders manufactured for use under 
special permit (SP) or exemption (E) 6668 or 8404 may be continued in 
use, and must be marked ``DOT-4LXXXYY'' (XXX to be replaced by the 
service pressure, YY to be replaced by the letters ``AL'', if 
applicable) in compliance with Specification 4L (Sec. 178.57 of this 
subchapter) on or before January 1, 1986. The ``DOT-4LXXXYY'' must 
appear in proximity to other required special permit or exemption 
markings.
    (f) An MC 331 cargo tank motor vehicle must conform to structural 
integrity requirements in Sec. 178.337-3 or to corresponding 
requirements in effect at the time of manufacture.
    (g) A non-bulk packaging manufactured, tested, marked, and certified 
on or before September 30, 1996, in accordance with the applicable 
provisions of subparts L and M of part 178 of this subchapter in effect 
on September 30, 1995, may be used as authorized by this subchapter if 
the packaging conforms to all requirements applicable at the time of 
manufacture. In addition, such a packaging may be reused as authorized 
by Sec. 173.28 without a nominal thickness marking, if it conforms to 
the minimum thickness criteria prescribed in Sec. 173.28(b)(4).

[Amdt. 173-3, 33 FR 14921, Oct. 4, 1968]

    Editorial Note: For Federal Register citations affecting 
Sec. 173.23, see the List of CFR Sections Affected which appears in the 
Finding Aids section of the printed volume and on GPO Access.