[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: 49CFR178.2]

[Page 767-768]
 
                        TITLE 49--TRANSPORTATION
 
 CHAPTER I--RESEARCH AND SPECIAL PROGRAMS ADMINISTRATION, DEPARTMENT OF 
                             TRANSPORTATION
 
PART 178_SPECIFICATIONS FOR PACKAGINGS--Table of Contents
 
Sec.  178.2  Applicability and responsibility.

    (a) Applicability. (1) The requirements of this part apply to 
packagings manufactured--
    (i) To a DOT specification, regardless of country of manufacture; or
    (ii) To a UN standard, for packagings manufactured within the United 
States. For UN standard packagings manufactured outside the United 
States, see Sec.  173.24(d)(2) of this subchapter. For UN standard 
packagings for which standards are not prescribed in this part, see 
Sec.  178.3(b).
    (2) A manufacturer of a packaging subject to the requirements of 
this part is primarily responsible for compliance with the requirements 
of this part. However, any person who performs a function prescribed in 
this part shall perform that function in accordance with this part.
    (b) Specification markings. When this part requires that a packaging 
be marked with a DOT specification or UN standard marking, marking of 
the packaging with the appropriate DOT or UN markings is the 
certification that--
    (1) Except as otherwise provided in this section, all requirements 
of the DOT specification or UN standard, including performance tests, 
are met; and
    (2) All functions performed by, or on behalf of, the person whose 
name or symbol appears as part of the marking conform to requirements 
specified in this part.
    (c) Notification. Except as specifically provided in Sec. Sec.  
178.337-18 and 178.345-10 of this part, the manufacturer or other person 
certifying compliance with the requirements of this part, and each 
subsequent distributor of that packaging shall--
    (1) Notify in writing each person to whom that packaging is 
transferred--
    (i) Of all requirements in this part not met at the time of 
transfer, and
    (ii) With information specifying the type(s) and dimensions of the 
closures, including gaskets and any other components needed to ensure 
that the packaging is capable of successfully passing the applicable 
performance tests and the general packaging requirements in Sec.  173.24 
and for transportation by aircraft, if applicable, Sec.  173.27 of this 
subchapter. This information must include any procedures to be followed, 
including closure instructions for inner packagings and receptacles, to 
effectively assemble and close the packaging for the purpose of 
preventing leakage in transportation. For packagings intended for 
transportation by aircraft, this information must include relevant 
guidance to ensure that the packaging, as prepared for transportation, 
will withstand the pressure differential requirements in Sec.  173.27 of 
this subchapter.
    (2) Retain copies of each written notification for at least one year 
from date of issuance; and

[[Page 768]]

    (3) Make copies of all written notifications available for 
inspection by a representative of the Department.
    (d) Except as provided in paragraph (c) of this section, a packaging 
not conforming to the applicable specifications or standards in this 
part may not be marked to indicate such conformance.
    (e) Definitions. For the purpose of this part--
    Manufacturer means the person whose name and address or symbol 
appears as part of the specification markings required by this part or, 
for a packaging marked with the symbol of an approval agency, the person 
on whose behalf the approval agency certifies the packaging.
    Specification markings mean the packaging identification markings 
required by this part including, where applicable, the name and address 
or symbol of the packaging manufacturer or approval agency.
    (f) No packaging may be manufactured or marked to a packaging 
specification that was in effect on September 30, 1991, and that was 
removed from this part 178 by a rule published in the Federal Register 
on December 21, 1990 and effective October 1, 1991.

[Amdt. 178-97, 55 FR 52715, Dec. 21, 1990; 56 FR 66284, Dec. 20, 1991, 
as amended by Amdt. No. 178-106, 59 FR 67519, Dec. 29, 1994; Amdt. 178-
117, 62 FR 14338, Mar. 26, 1997; 68 FR 45041, July 31, 2003]