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392 

49 CFR Ch. I (10–1–23 Edition) 

§ 172.204 

provisions of 49 CFR 130.11 are excepted 
from the requirements of paragraph (l) 
of this section if a phrase indicating 
the material is an oil is placed in asso-
ciation with the basic description. 

(4) Except when all or part of trans-

portation is by vessel, marine pollut-
ants in non-bulk packagings are not 
subject to the requirements of para-
graphs (l)(1) and (l)(2) of this section 
(see § 171.4 of this subchapter). 

(m) 

Poisonous Materials. 

Notwith-

standing the hazard class to which a 
material is assigned, for materials that 
are poisonous by inhalation (see § 171.8 
of this subchapter), the words ‘‘Poison- 
Inhalation Hazard’’ or ‘‘Toxic-Inhala-
tion Hazard’’ and the words ‘‘Zone A’’, 
‘‘Zone B’’, ‘‘Zone C’’, or ‘‘Zone D’’ for 
gases or ‘‘Zone A’’ or ‘‘Zone B’’ for liq-
uids, as appropriate, shall be entered 
on the shipping paper immediately fol-
lowing the shipping description. The 
word ‘‘Poison’’ or ‘‘Toxic’’ need not be 
repeated if it otherwise appears in the 
shipping description. 

(n) 

Elevated temperature materials. 

If a 

liquid material in a package meets the 
definition of an elevated temperature 
material in § 171.8 of this subchapter, 
and the fact that it is an elevated tem-
perature material is not disclosed in 
the proper shipping name (for example, 
when the words ‘‘Molten’’ or ‘‘Elevated 
temperature’’ are part of the proper 
shipping name), the word ‘‘HOT’’ must 
immediately precede the proper ship-
ping name of the material on the ship-
ping paper. 

(o) 

Organic peroxides, polymerizing sub-

stances, and self-reactive materials. 

The 

description on a shipping paper for a 
Division 4.1 (polymerizing substance 
and self-reactive) material or a Divi-
sion 5.2 (organic peroxide) material 
must include the following additional 
information, as appropriate: 

(1) If notification or competent au-

thority approval is required, the ship-
ping paper must contain a statement of 
approval of the classification and con-
ditions of transport. 

(2) For Division 4.1 (polymerizing 

substance and self-reactive) and Divi-
sion 5.2 (organic peroxide) materials 
that require temperature control dur-
ing transport, the words ‘‘TEMPERA-
TURE CONTROLLED’’ must be added 
as part of the proper shipping name, 

unless already part of the proper ship-
ping name. The control and emergency 
temperature must be included on the 
shipping paper. 

(3) The word ‘‘SAMPLE’’ must be in-

cluded in association with the basic de-
scription when a sample of a Division 
4.1 (self-reactive) material (see 
§ 173.224(c)(3) of this subchapter) or Di-
vision 5.2 (organic peroxide) material 
(see § 173.225(b)(2) of this subchapter) is 
offered for transportation. 

(p) 

Liquefied petroleum gas (LPG). 

The 

word ‘‘non-odorized’’ or ‘‘not-odorized’’ 
must be included in association with 
the proper shipping description on a 
shipping paper when non-odorized liq-
uefied petroleum gas is offered for 
transportation. 

(q) 

Holding time. 

The date at which 

the actual holding time ends, as cal-
culated in accordance with § 178.338–9, 
must be provided on the shipping paper 
in association with the basic descrip-
tion for refrigerated liquefied gases 
transported in a portable tank. 

[Amdt. 172–29A, 41 FR 40677, Sept. 20, 1976] 

E

DITORIAL

N

OTE

: For F

EDERAL

R

EGISTER

ci-

tations affecting § 172.203, see the List of CFR 
Sections Affected, which appears in the 
Finding Aids section of the printed volume 
and at 

www.govinfo.gov. 

§ 172.204

Shipper’s certification. 

(a) 

General. 

Except as provided in 

paragraphs (b) and (c) of this section, 
each person who offers a hazardous ma-
terial for transportation shall certify 
that the material is offered for trans-
portation in accordance with this sub-
chapter by printing (manually or me-
chanically) on the shipping paper con-
taining the required shipping descrip-
tion the certification contained in 
paragraph (a)(1) of this section or the 
certification (declaration) containing 
the language contained in paragraph 
(a)(2) of this section. For transpor-
tation by rail only, the certification 
may be received verbally or with an 
electronic signature in conformance 
with paragraphs (a)(3)(i) and (a)(3)(ii) of 
this section. 

(1) ‘‘This is to certify that the above- 

named materials are properly classi-
fied, described, packaged, marked and 
labeled, and are in proper condition for 

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393 

Pipeline and Haz. Matls. Safety Admin., DOT 

§ 172.204 

transportation according to the appli-
cable regulations of the Department of 
Transportation.’’ 

N

OTE

: In line one of the certification the 

words ‘‘herein-named’’ may be substituted 
for the words ‘‘above-named’’. 

(2) ‘‘I hereby declare that the con-

tents of this consignment are fully and 
accurately described above by the prop-
er shipping name, and are classified, 
packaged, marked and labeled/plac-
arded, and are in all respects in proper 
condition for transport according to 
applicable international and national 
governmental regulations.’’ 

N

OTE TO PARAGRAPH

(a)(2): In the certifi-

cation the word ‘‘above’’ may be substituted 
for the word ‘‘below’’ as appropriate. 

(3) 

Rail only certifications. 

For trans-

portation by rail, the shipping paper 
certification may also be accomplished 
by one of the following methods: 

(i) 

Verbal Certification. 

When received 

telephonically, by the carrier reading 
the complete shipping description that 
will accompany the shipment back to 
the offeror and receiving verbal ac-
knowledgment that the description is 
as required. This verbal acknowledge-
ment must be recorded, either on the 
shipping document or in a separate 
record, e.g., the waybill, in accordance 
with § 174.24, and must include the date 
and name of the person who provided 
this information; or 

(ii) 

Electronic certification. 

When 

transmitted electronically, by com-
pleting the field designated for the 
shipper’s signature with the name of 
the principal person, partner, officer, 
or employee of the offeror or their 
agent, the shipper is also certifying its 
compliance with the certification spec-
ified in this paragraph (a). 

(b) 

Exceptions. 

(1) Except for a haz-

ardous waste, no certification is re-
quired 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 car-

rier 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 pre-
viously 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 de-
scribed above by proper shipping name and 
are classified, packaged, marked and labeled, 
and in proper condition for carriage by air 
according to applicable national govern-
mental regulations. 

N

OTE TO PARAGRAPH

(c)(1): In the certifi-

cation, the word ‘‘packed’’ may be used in-
stead of the word ‘‘packaged’’ until October 
1, 2010. 

(2) 

Certificate in duplicate. 

Each per-

son 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 § 175.30 of this subchapter.) 

(3) 

Additional certification require-

ments. 

Effective October 1, 2006, each 

person who offers a hazardous material 
for transportation by air must add to 
the certification required in this sec-
tion the following statement: 

‘‘I declare that all of the applicable 

air transport requirements have been 
met.’’ 

(i) Each person who offers any pack-

age 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 
§ 172.101 Table); 

(B) The articles or substances are 

properly classed, marked and labeled 
and otherwise in a condition for trans-
port 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 pack-
aging that conform to the packing re-
quirements and the ‘‘A’’ Special Provi-
sions in § 172.102; inner packaging and 
maximum quantity per package limits; 
the compatibility requirements (see, 
for example, § 173.24 of this subchapter); 
and requirements for closure for both 
inner and outer packagings, absorbent 
materials, and pressure differential in 

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394 

49 CFR Ch. I (10–1–23 Edition) 

§ 172.205 

§ 173.27 of this subchapter. Other re-
quirements may also apply. For exam-
ple, single packagings may be prohib-
ited, inner packaging may need to be 
packed in intermediate packagings, 
and certain materials may be required 
to be transported in packagings meet-
ing a more stringent performance 
level. 

(ii) [Reserved] 
(4) 

Radioactive material. 

Each person 

who offers any radioactive material for 
transportation aboard a passenger-car-
rying aircraft shall sign (mechanically 
or manually) a printed certificate stat-
ing that the shipment contains radio-
active material intended for use in, or 
incident to, research, or medical diag-
nosis or treatment. 

(d) 

Signature. 

The certifications re-

quired by paragraph (a) or (c) of this 
section: 

(1) Must be legibly signed by a prin-

cipal, officer, partner, or employee of 
the shipper or his agent; and 

(2) May be legibly signed manually, 

by typewriter, or by other mechanical 
means. 

(3) For transportation by rail, when 

transmitted by telephone or electroni-
cally, the signature must be in one of 
the following forms: The name of the 
principal person, partner, officer, or 
employee of the offeror or his agent in 
a computer field defined for that pur-
pose. 

[Amdt. 172–29A, 41 FR 40677, Sept. 20, 1976] 

E

DITORIAL

N

OTE

: For F

EDERAL

R

EGISTER

ci-

tations affecting § 172.204, see the List of CFR 
Sections Affected, which appears in the 
Finding Aids section of the printed volume 
and at 

www.govinfo.gov. 

§ 172.205

Hazardous waste manifest. 

(a) No person may offer, transport, 

transfer, or deliver a hazardous waste 
(waste) unless an EPA Form 8700–22 
and 8700–22A (when necessary) haz-
ardous waste manifest (manifest) is 
prepared in accordance with 40 CFR 
262.20 and is signed, carried, and given 
as required of that person by this sec-
tion. 

(b) The shipper (generator) shall pre-

pare the manifest in accordance with 40 
CFR part 262. 

(c) The original copy of the manifest 

must be dated by, and bear the hand-

written signature of, the person rep-
resenting: 

(1) The shipper (generator) of the 

waste at the time it is offered for 
transportation, and 

(2) The initial carrier accepting the 

waste for transportation. 

(d) A copy of the manifest must be 

dated by, and bear the handwritten sig-
nature of the person representing: 

(1) Each subsequent carrier accepting 

the waste for transportation, at the 
time of acceptance, and 

(2) The designated facility receiving 

the waste, upon receipt. 

(e) A copy of the manifest bearing all 

required dates and signatures must be: 

(1) Given to a person representing 

each carrier accepting the waste for 
transportation, 

(2) Carried during transportation in 

the same manner as required by this 
subchapter for shipping papers, 

(3) Given to a person representing the 

designated facility receiving the waste, 

(4) Returned to the shipper (gener-

ator) by the carrier that transported 
the waste from the United States to a 
foreign destination with a notation of 
the date of departure from the United 
States, and 

(5) Retained by the shipper (gener-

ator) and by the initial and each subse-
quent carrier for three years from the 
date the waste was accepted by the ini-
tial carrier. Each retained copy must 
bear all required signatures and dates 
up to and including those entered by 
the next person who received the 
waste. 

(f) 

Transportation by rail. 

Notwith-

standing the requirements of para-
graphs (d) and (e) of this section, the 
following requirements apply: 

(1) When accepting hazardous waste 

from a non-rail transporter, the initial 
rail transporter must: 

(i) Sign and date the manifest ac-

knowledging acceptance of the haz-
ardous waste; 

(ii) Return a signed copy of the mani-

fest to the non-rail transporter; 

(iii) Forward at least three copies of 

the manifest to: 

(A) The next non-rail transporter, if 

any; 

(B) The designated facility, if the 

shipment is delivered to that facility 
by rail; or