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
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
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