---
kind: "section"
citation: "49 C.F.R. § 173.22"
title: "49"
number: "173.22"
heading: "Shipper's responsibility."
url: "https://uscodex.org/cfr/49/173.22"
---

# §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](/cfr/49/part172.md) and [173](/cfr/49/part173.md) of this subchapter, and
  - (2) The person shall determine that the packaging or container is an authorized packaging, including [part 173](/cfr/49/part173.md) requirements, and that it has been manufactured, assembled, and marked in accordance with:
    - (i) [Section 173.7(a)](/cfr/49/173.7.md?p=a) and parts [173](/cfr/49/part173.md), [178](/cfr/49/part178.md), 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](/cfr/49/171.7.md) of this subchapter), as authorized in [§ 173.24(d)(2)](/cfr/49/173.24.md?p=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)](#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](/cfr/49/178.2.md) and [179.1](/cfr/49/179.1.md) 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](/cfr/49/part178.md) of this subchapter, a person must perform all functions necessary to bring the package into compliance with parts [173](/cfr/49/part173.md) and [178](/cfr/49/part178.md) 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](/cfr/49/178.2.md) 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 [§ 178.2(c)](/cfr/49/178.2.md?p=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 [§ 178.2(c)](/cfr/49/178.2.md?p=c) of this subchapter), unless permanently embossed or printed on the package. A copy of the manufacturer's notification, including closure instructions (see [§ 178.2(c)](/cfr/49/178.2.md?p=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 [§ 178.601(g)(1)](/cfr/49/178.601.md?p=g-1) of this subchapter. Such documentation is to be retained by the person certifying compliance with [§ 178.601(g)(1)](/cfr/49/178.601.md?p=g-1), as prescribed in [§ 178.601(l)](/cfr/49/178.601.md?p=l), and retained as prescribed in [paragraph (a)(4)(ii)](#a-4-ii) of this section.
- (b) No person may offer a motor carrier any hazardous material specified in [49 CFR 385.403](/cfr/49/385.403.md) 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](/cfr/49/173.403.md)), 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.**

## Notes

### Amendments

[Amdt. 173-100, 42 FR 2689, Jan. 13, 1977]

### Authority

Authority: 49 U.S.C. 5101-5128, 44701; 49 CFR 1.81, 1.96 and 1.97.

### Amendments

[Amdt. 173-100, 42 FR 2689, Jan. 13, 1977]