[Code of Federal Regulations] [Title 49, Volume 2] [Revised as of October 1, 2002] From the U.S. Government Printing Office via GPO Access [CITE: 49CFR173.22] [Page 418] 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.