[Code of Federal Regulations]

[Title 49, Volume 2]

[Revised as of October 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 49CFR172.204]



[Page 353-355]

 

                        TITLE 49--TRANSPORTATION

 

   CHAPTER I--PIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION, 

                      DEPARTMENT OF TRANSPORTATION

 

PART 172_HAZARDOUS MATERIALS TABLE, SPECIAL PROVISIONS, HAZARDOUS 

MATERIALS COMMUNICATIONS, EMERGENCY RESPONSE INFORMATION, AND TRAINING 

REQUIREMENTS--Table of Contents

 

                        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



[[Page 354]]



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) Additional certification requirements. Effective October 1, 

2006, each person who offers a hazardous material for transportation by 

air must add to the certification required in this section the following 

statement:

    ``I declare that all of the applicable air transport requirements 

have been met.''

    (i) Each person who offers any package or overpack of hazardous 

materials for transport by air must ensure that:

    (A) The articles or substances are not prohibited for transport by 

air (see the Sec. 172.101 Table);

    (B) The articles or substances are properly classed, marked and 

labeled and otherwise in a condition for transport as required by this 

subchapter;

    (C) The articles or substances are packaged in accordance with all 

the applicable air transport requirements, including appropriate types 

of packaging that conform to the packing requirements and the ``A'' 

Special Provisions in Sec. 172.102; inner packaging and maximum 

quantity per package limits; the compatibility requirements (see, for 

example, Sec. 173.24 of this subchapter); and requirements for closure 

for both inner and outer packagings, absorbent materials, and pressure 

differential in Sec. 173.27 of this subchapter. Other requirements may 

also apply. For example, single packagings may be prohibited, inner 

packaging may need to be packed in intermediate packagings, and certain 

materials may be required to be transported in packagings meeting a more 

stringent performance level.

    (ii) [Reserved]

    (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:

    (1) Must be legibly signed by a principal, officer, partner, or 

employee of the shipper or his agent; and



[[Page 355]]



    (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.