[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: 49CFR173.22]



[Page 436-437]

 

                        TITLE 49--TRANSPORTATION

 

   CHAPTER I--PIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION, 

                      DEPARTMENT OF TRANSPORTATION

 

PART 173_SHIPPERS_GENERAL REQUIREMENTS FOR SHIPMENTS AND PACKAGINGS

--Table of Contents

 

     Subpart B_Preparation of Hazardous Materials for Transportation

 

Sec. 173.22  Shipper's responsibility.



    (a) Except as otherwise provided in this part, a person may offer a 

hazardous material for transportation in a packaging or container 

required by this part only in accordance with the following:

    (1) The person shall class and describe the hazardous material in 

accordance with parts 172 and 173 of this subchapter, and

    (2) The person shall determine that the packaging or container is an 

authorized packaging, including part 173 requirements, and that it has 

been manufactured, assembled, and marked in accordance with:



[[Page 437]]



    (i) Section 173.7(a) and parts 173, 178, or 179 of this subchapter;

    (ii) A specification of the Department in effect at the date of 

manufacture of the packaging or container;

    (iii) National or international regulations based on the UN 

Recommendations (IBR, see Sec. 171.7 of this subchapter), as authorized 

in Sec. 173.24(d)(2);

    (iv) An approval issued under this subchapter; or

    (v) An exemption issued under subchapter A of this chapter.

    (3) In making the determination under paragraph (a)(2) of this 

section, the person may accept:

    (i) Except for the marking on the bottom of a metal or plastic drum 

with a capacity over 100 L which has been reconditioned, remanufactured 

or otherwise converted, the manufacturer's certification, specification, 

approval, or exemption marking (see Sec. Sec. 178.2 and 179.1 of this 

subchapter); or

    (ii) With respect to cargo tanks provided by a carrier, the 

manufacturer's identification plate or a written certification of 

specification or exemption provided by the carrier.

    (4) For a DOT Specification or UN standard packaging subject to the 

requirements of part 178 of this subchapter, a person must perform all 

functions necessary to bring the package into compliance with parts 173 

and 178 of this subchapter, as identified by the packaging manufacturer 

or subsequent distributor (for example, applying closures consistent 

with the manufacturer's closure instructions) in accordance with Sec. 

178.2 of this subchapter.

    (b) [Reserved]

    (c) Prior to each shipment of fissile radioactive materials, and 

Type B or highway route controlled quantity packages of radioactive 

materials (see Sec. 173.403), the shipper shall notify the consignee of 

the dates of shipment and expected arrival. The shipper shall also 

notify each consignee of any special loading/unloading instructions 

prior to his first shipment. For any shipment of irradiated reactor 

fuel, the shipper shall provide physical protection in compliance with a 

plan established under:

    (1) Requirements prescribed by the U.S. Nuclear Regulatory 

Commission, or

    (2) Equivalent requirements approved by the Associate Administrator, 

PHMSA.



[Amdt. 173-100, 42 FR 2689, Jan. 13, 1977]



    Editorial Note: For Federal Register citations affecting Sec. 

173.22, see the List of CFR Sections Affected which appears in the 

Finding Aids section of the printed volume and on GPO Access.