---
kind: "section"
citation: "49 C.F.R. § 109.13"
title: "49"
number: "109.13"
heading: "Closing packages and safe resumption of transportation."
url: "https://uscodex.org/cfr/49/109.13"
---

# §109.13. Closing packages and safe resumption of transportation.

- (a) **No imminent hazard found.** If, after an agent exercises an authority under [§ 109.5](/cfr/49/109.5.md), the agent finds that no imminent hazard exists, and the package otherwise conforms to applicable requirements in subchapter C of this chapter, the agent will:
  - (1) Assist in preparing the package for safe and prompt transportation, when practicable, by reclosing the package in accordance with the packaging manufacturer's closure instructions or other appropriate closure method;
  - (2) Mark and certify the reclosed package to indicate that it was opened and reclosed in accordance with this part;
  - (3) Return the package to the person from whom the agent obtained it, as soon as practicable; and
  - (4) For a package containing a perishable hazardous material, assist in resuming the safe and expeditious transportation of the package as soon as practicable after determining that the package presents no imminent hazard.
- (b) **Imminent hazard found.** If an imminent hazard is found to exist after an agent exercises an authority under [§ 109.5](/cfr/49/109.5.md), the Administrator or his/her designee may issue an out-of-service order prohibiting the movement of the package until the package has been brought into compliance with subchapter C of this chapter. Upon receipt of the out-of-service order, the person in possession of, or responsible for, the package must remove the package from transportation until it is brought into compliance.
- (c) **Package does not contain hazardous material.** If, after an agent exercises an authority under [§ 109.5](/cfr/49/109.5.md), the agent finds that a package does not contain a hazardous material, the agent shall securely close the package, mark and certify the reclosed package to indicate that it was opened and reclosed, and return the package to transportation.
- (d) **Non-compliant package.** If, after an agent exercises an authority under [§ 109.5](/cfr/49/109.5.md), the agent finds that a package contains hazardous material and does not conform to requirements in subchapter C of this chapter, but does not present an imminent hazard, the agent will return the package to the person in possession of the package at the time the non-compliance is discovered for appropriate corrective action. A non-compliant package may not continue in transportation until all identified non-compliance issues are resolved.

## Notes

### Authority

Authority: 49 U.S.C. 5101-5128, 44701; Pub. L. 101-410 Sec. 4 (28 U.S.C. 2461 note); Pub. L. 104-121 Secs. 212-213; Pub. L. 104-134 Sec. 31001; 49 CFR 1.81, 1.97.

### Source

Source: 76 FR 11592, Mar. 2, 2011, unless otherwise noted.