[Code of Federal Regulations]
[Title 49, Volume 2]
[Revised as of October 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 49CFR176.27]

[Page 710]
 
                        TITLE 49--TRANSPORTATION
 
 CHAPTER I--RESEARCH AND SPECIAL PROGRAMS ADMINISTRATION, DEPARTMENT OF 
                             TRANSPORTATION
 
PART 176_CARRIAGE BY VESSEL--Table of Contents
 
                Subpart B_General Operating Requirements
 
Sec. 176.27  Certificate.

    (a) A carrier may not transport a hazardous material by vessel 
unless he has received a certificate prepared in accordance with Sec. 
172.204 of this subchapter.
    (b) In the case of an import or export shipment of hazardous 
materials which will not be transported by rail, highway, or air, the 
shipper may certify on the bill of lading or other shipping paper that 
the hazardous material is properly classed, described, marked, packaged, 
and labeled according to part 172 of this subchapter or in accordance 
with the requirements of the IMDG Code (IBR, see Sec. 171.7 of this 
subchapter). See Sec. 171.12 of this subchapter.
    (c)(1) A person responsible for packing or loading a freight 
container or transport vehicle containing hazardous materials for 
transportation by a manned vessel in ocean or coastwise service, must 
provide the vessel operator, at the time the shipment is offered for 
transportation by vessel, with a signed container packing certificate 
stating, at a minimum, that--
    (i) The freight container or transport unit is serviceable for the 
materials loaded therein, contains no incompatible goods, and is 
properly marked, labeled or placarded, as applicable; and
    (ii) When the freight container or transport unit contains packages, 
those packages have been inspected prior to loading, are properly 
marked, labeled or placarded, as applicable; are not damaged; and are 
properly secured.
    (2) The certification may appear on a shipping paper or on a 
separate document as a statement, such as ``It is declared that the 
packing of the container has been carried out in accordance with the 
applicable provisions [of 49 CFR], [of the IMDG Code], or [of 49 CFR and 
the IMDG Code].''.

[Amdt. 176-1, 41 FR 16110, Apr. 15, 1976, as amended by Amdt. 176-1A, 41 
FR 40687, Sept. 20, 1976; Amdt. 176-12, 45 FR 81572, Dec. 11, 1980; 
Amdt. 176-14, 47 FR 44471, Oct. 7, 1982; Amdt. 176-36, 59 FR 67518, Dec. 
29, 1994; 66 FR 8647, Feb. 1, 2001; 68 FR 45038, July 31, 2003; 68 FR 
75747, Dec. 31, 2003]