[Code of Federal Regulations]
[Title 49, Volume 2]
[Revised as of October 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 49CFR]

[Page 343-344]
 
                        TITLE 49--TRANSPORTATION
 
 CHAPTER I--RESEARCH AND SPECIAL PROGRAMS ADMINISTRATION, DEPARTMENT OF 
                             TRANSPORTATION
 
                        Subpart C_Shipping Papers
 
Sec.  172.204  Shipper's certification.

    (a) General. Except as provided in paragraphs (b) and (c) of this 
section, each person who offers a hazardous material for transportation 
shall certify that the material is offered for transportation in 
accordance with this subchapter by printing (manually or mechanically) 
on the shipping paper containing the required shipping description the 
certification contained in paragraph (a)(1) of this section or the 
certification (declaration) containing the language contained in 
paragraph (a)(2) of this section.
    (1) ``This is to certify that the above-named materials are properly 
classified, described, packaged, marked and labeled, and are in proper 
condition for transportation according to the applicable regulations of 
the Department of Transportation.''

    Note: In line one of the certification the words ``herein-named'' 
may be substituted for the words ``above-named''.

    (2) ``I hereby declare that the contents of this consignment are 
fully and accurately described above by the proper shipping name, and 
are classified, packaged, marked and labelled/placarded, and are in all 
respects in proper condition for transport according to applicable 
international and national governmental regulations.''
    (b) Exceptions. (1) Except for a hazardous waste, no certification 
is required for a hazardous material offered for transportation by motor 
vehicle and transported:
    (i) In a cargo tank supplied by the carrier, or
    (ii) By the shipper as a private carrier except for a hazardous 
material that is to be reshipped or transferred from one carrier to 
another.
    (2) No certification is required for the return of an empty tank car 
which previously contained a hazardous material and which has not been 
cleaned or purged.
    (c) Transportation by air--(1) General. Certification containing the 
following language may be used in place of the certification required by 
paragraph (a) of this section:

    I hereby certify that the contents of this consignment are fully and 
accurately described above by proper shipping name and are classified, 
packaged, marked and labeled, and in proper condition for carriage by 
air according to applicable national governmental regulations.

    Note to Paragraph (c)(1): In the certification, the word ``packed'' 
may be used instead of the word ``packaged'' until October 1, 2010.
    (2) Certificate in duplicate. Each person who offers a hazardous 
material to an aircraft operator for transportation by air shall provide 
two copies of the certification required in this section. (See Sec.  
175.30 of this subchapter.)
    (3) Passenger and cargo aircraft. Each person who offers for 
transportation by air a hazardous material authorized for air 
transportation shall add to the certification required in this section 
the following statement:

    This shipment is within the limitations prescribed for passenger 
aircraft/cargo aircraft only (delete nonapplicable).

    (4) Radioactive material. Each person who offers any radioactive 
material for transportation aboard a passenger-carrying aircraft shall 
sign (mechanically or manually) a printed certificate stating that the 
shipment contains radioactive material intended for use in, or incident 
to, research, or medical diagnosis or treatment.
    (d) Signature. The certifications required by paragraph (a) or (c) 
of this section:

[[Page 344]]

    (1) Must be legibly signed by a principal, officer, partner, or 
employee of the shipper or his agent; and
    (2) May be legibly signed manually, by typewriter, or by other 
mechanical means.

[Amdt. 172-29A, 41 FR 40677, Sept. 20, 1976]

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