[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: 49CFR178.2]



[Page 803-804]

 

                        TITLE 49--TRANSPORTATION

 

   CHAPTER I--PIPELINE AND HAZARDOUS MATERIALS SAFETY 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



[[Page 804]]



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. 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 sold or 

represented as being in conformance with the requirements of this 

subchapter applicable to 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 `` 173.27 of this subchapter.

    (2) Retain copies of each written notification for at least one year 

from date of issuance; and

    (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; 69 FR 

34612, June 22, 2004]