---
kind: "section"
citation: "49 C.F.R. § 109.9"
title: "49"
number: "109.9"
heading: "Transportation for examination and analysis."
url: "https://uscodex.org/cfr/49/109.9"
---

# §109.9. Transportation for examination and analysis.

- (a) An agent may direct a package to be transported to a facility for examination and analysis when the agent determines that:
  - (1) Further examination of the package is necessary to evaluate whether the package conforms to subchapter C of this chapter;
  - (2) Conflicting information concerning the package exists; or
  - (3) **Additional investigation is not possible on the immediate premises.**
- (b) **In the event of a determination in accordance with paragraph (a) of this section, an agent may—**
  - (1) Direct the offeror of the package, or other person responsible for the package, to have the package transported to a facility where the material may be examined and analyzed;
  - (2) Direct the packaging manufacturer or tester of the packaging to have the package transported to a facility where the packaging may be tested in accordance with the HMR; or
  - (3) Direct the carrier to transport the package to a facility capable of conducting such examination and analysis.
- (c) The 48-hour removal period provided in [§ 109.7](/cfr/49/109.7.md) may be extended in writing by the Administrator pending the conclusion of examination and analysis under this section.

## 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.