49 CFR 173.22 - Shipper's responsibility.

Status message

There are 5 Updates appearing in the Federal Register for 49 CFR 173. View below or at eCFR (GPOAccess)
§ 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:
(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 § 171.7 of this subchapter), as authorized in § 173.24(d)(2);
(iv) An approval issued under this subchapter; or
(v) An exemption or special permit 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 or special permit marking (see §§ 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 or special permit 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 § 178.2 of this subchapter. A person must maintain a copy of the manufacturer's notification, including closure instructions (see§ 178.2(c) of this subchapter) unless permanently embossed or printed on the packaging. When applicable, a person must maintain a copy of any supporting documentation for an equivalent level of performance under the selective testing variation in § 178.601(g)(1) of this subchapter. A copy of the notification, unless permanently embossed or printed on the packaging, and supporting documentation, when applicable, must be made available for inspection by a representative of the Department upon request for the time period of the packaging's periodic retest date, i.e., every 12 months for single or composite packagings and every 24 months for combination packagings.
(b) No person may offer a motor carrier any hazardous material specified in 49 CFR 385.403 unless that motor carrier holds a safety permit issued by the Federal Motor Carrier Safety Administration.
(c) Prior to each shipment of fissile radioactive materials, and Type B or highway route controlled quantity packages of radioactive materials (see § 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.
[Amdt. 173-100, 42 FR 2689, Jan. 13, 1977]
Editorial Note:
For Federal Register citations affecting § 173.22, see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and at www.fdsys.gov.

Title 49 published on 2013-10-01

The following are only the Rules published in the Federal Register after the published date of Title 49.

For a complete list of all Rules, Proposed Rules, and Notices view the Rulemaking tab.

  • 2014-03-18; vol. 79 # 52 - Tuesday, March 18, 2014
    1. 79 FR 15033 - Hazardous Materials: Adoption of Certain Special Permits and Competent Authorities Into Regulations
      GPO FDSys XML | Text
      DEPARTMENT OF TRANSPORTATION, Pipeline and Hazardous Materials Safety Administration
      Final rule.
      This regulation is effective April 17, 2014. The incorporation by reference of certain publications listed in the rule is approved by the Director of the Federal Register as of April 17, 2014.
      49 CFR Parts 107, 171, 172, 173, 175 and 178

This is a list of United States Code sections, Statutes at Large, Public Laws, and Presidential Documents, which provide rulemaking authority for this CFR Part.

This list is taken from the Parallel Table of Authorities and Rules provided by GPO [Government Printing Office].

It is not guaranteed to be accurate or up-to-date, though we do refresh the database weekly. More limitations on accuracy are described at the GPO site.


United States Code

Title 49 published on 2013-10-01

The following are ALL rules, proposed rules, and notices (chronologically) published in the Federal Register relating to 49 CFR 173 after this date.

  • 2014-03-18; vol. 79 # 52 - Tuesday, March 18, 2014
    1. 79 FR 15033 - Hazardous Materials: Adoption of Certain Special Permits and Competent Authorities Into Regulations
      GPO FDSys XML | Text
      DEPARTMENT OF TRANSPORTATION, Pipeline and Hazardous Materials Safety Administration
      Final rule.
      This regulation is effective April 17, 2014. The incorporation by reference of certain publications listed in the rule is approved by the Director of the Federal Register as of April 17, 2014.
      49 CFR Parts 107, 171, 172, 173, 175 and 178