[Code of Federal Regulations]
[Title 49, Volume 2]
[Revised as of October 1, 2001]
From the U.S. Government Printing Office via GPO Access
[CITE: 49CFR173.22]

[Page 403]
 
                        TITLE 49--TRANSPORTATION
 
 CHAPTER I--RESEARCH AND SPECIAL PROGRAMS 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:
    (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, 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 Secs. 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 shall perform all 
functions necessary to bring that package into compliance with part 178 
of this subchapter, as identified by the packaging manufacturer or 
subsequent distributor, 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, 
RSPA.

[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.