Unless otherwise provided in this subchapter, the offering for transportation or transportation of the following is forbidden:
(a) Materials that are designated ``Forbidden'' in Column 3 of the Sec. 172.101 table.
(b) Forbidden explosives as defined in Sec. 173.54 of this part.
(c) Electrical devices, such as batteries and battery-powered devices, which are likely to create sparks or generate a dangerous evolution of heat, unless packaged in a manner which precludes such an occurrence.
(d) For carriage by aircraft, any package which has a magnetic field of more than 0.00525 gauss measured at 4.5 m (15 feet) from any surface of the package.
(e) A material in the same packaging, freight container, or overpack with another material, the mixing of which is likely to cause a dangerous evolution of heat, or flammable or poisonous gases or vapors, or to produce corrosive materials.
(f) A package containing a material which is likely to decompose with a self-accelerated decomposition temperature (SADT) of 50 C (122 F) or less, or polymerize at a temperature of 54 C (130 F) or less with an evolution of a dangerous quantity of heat or gas when decomposing or polymerizing, unless the material is stabilized or inhibited in a manner to preclude such evolution. The SADT may be determined by any of the test methods described in Part II of the UN Manual of Tests and Criteria (IBR, see Sec. 171.7 of this subchapter).
(1) A package meeting the criteria of paragraph (f) of this section may be required to be shipped under controlled temperature conditions. The control temperature and emergency temperature for a package shall be as specified in the table in this paragraph based upon the SADT of the material. The control temperature is the temperature above which a package of the material may not be offered for transportation or transported. The emergency temperature is the temperature at which, due to imminent danger, emergency measures must be initiated.
Sec. 173.21 Table: Method of Determining Control and Emergency
Temperature.------------------------------------------------------------------------
Control Emergency
SADT \1\ temperatures temperature------------------------------------------------------------------------SADT <=20 C (68 F).............. 20 C (36 F) below 10 C (18 F) below
SADT. SADT.---------------------------------20 C (68 F) 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 (IBR, see Sec. 171.7 of this subchapter), as authorized in Sec. 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 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 or special permit provided by the carrier.
(4)(i) 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 Sec. 178.2 of this subchapter.
(i) 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 Sec. 178.2 of this subchapter.
(ii) For other than a bulk package or a cylinder, a person must retain a copy of the manufacturer's notification, including closure instructions (see Sec. 178.2(c) of this subchapter). For a bulk package or a cylinder, a person must retain a copy of the manufacturer's notification, including closure instructions (see Sec. 178.2(c) of this subchapter), unless permanently embossed or printed on the package. A copy of the manufacturer's notification, including closure instructions (see Sec. 178.2(c) of this subchapter), unless permanently embossed or printed on the package when applicable, must be made available for inspection by a representative of the Department upon request for at least 90 days once the package is offered to the initial carrier for transportation in commerce. Subsequent offerors of a filled and otherwise properly prepared unaltered package are not required to maintain manufacturer notification (including closure instructions).
(iii) When applicable, a person must retain a copy of any supporting documentation used to determine an equivalent level of performance under the selective testing variation in Sec. 178.601(g)(1) of this subchapter. Such documentation is to be retained by the person certifying compliance with Sec. 178.601(g)(1), as prescribed in Sec. 178.601(l), and retained as prescribed in paragraph (a)(4)(ii) of this section.
(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 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. [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 at www.fdsys.gov. Sec. 173.22a Use of packagings authorized under special permits.
(a) Except as provided in paragraph (b) of this section, no person may offer a hazardous material for transportation in a packaging the use of which is dependent upon an exemption or special permit issued under subpart B of part 107 of this title, unless that person is the holder of or a party to the exemption or special permit.
(b) If an exemption or special permit authorizes the use of a packaging for the transportation of a hazardous material by any person or class of persons other than or in addition to the holder of the exemption or special permit, that person or a member of that class of persons may use the packaging for the purposes authorized in the exemption or special permit subject to the terms specified therein. Copies of exemptions and special permits may be obtained by accessing the Hazardous Materials Safety Web site at http://www.phmsa.dot.gov/hazmat/regs/sp-a'' or by writing to the Associate Administrator for Hazardous Materials Safety, U.S. Department of Transportation, East Building, 1200 New Jersey Avenue, SE., Washington, DC 20590-0001, Attention: Records Center.
(c) When an exemption or special permit issued to a person who offers a hazardous material contains requirements that apply to a carrier of the hazardous material, the offeror shall furnish a copy of the current exemption or special permit to the carrier before or at the time a shipment is tendered. [70 FR 73165, Dec. 9, 2005, as amended at 72 FR 55692, Oct. 1, 2007; 76 FR 56315, Sept. 13, 2011]