382 

49 CFR Ch. I (10–1–18 Edition) 

§ 172.204 

N

OTE

: In line one of the certification the 

words ‘‘herein-named’’ may be substituted 
for the words ‘‘above-named’’. 

(2) ‘‘I hereby declare that the con-

tents of this consignment are fully and 
accurately described above by the prop-
er shipping name, and are classified, 
packaged, marked and labeled/plac-
arded, and are in all respects in proper 
condition for transport according to 
applicable international and national 
governmental regulations.’’ 

N

OTE TO PARAGRAPH

(a)(2): In the certifi-

cation the word ‘‘above’’ may be substituted 
for the word ‘‘below’’ as appropriate. 

(3) 

Rail only certifications. 

For trans-

portation by rail, the shipping paper 
certification may also be accomplished 
by one of the following methods: 

(i) 

Verbal Certification. 

When received 

telephonically, by the carrier reading 
the complete shipping description that 
will accompany the shipment back to 
the offeror and receiving verbal ac-
knowledgment that the description is 
as required. This verbal acknowledge-
ment must be recorded, either on the 
shipping document or in a separate 
record, e.g., the waybill, in accordance 
with § 174.24, and must include the date 
and name of the person who provided 
this information; or 

(ii) 

Electronic Signature Certification. 

When transmitted electronically, by 
completing the field designated for the 
shipper’s signature, the shipper is also 
certifying its compliance with the cer-
tification specified in § 172.204(a).’’ The 
name of the principal partner, officer, 
or employee of the offeror or their 
agent must be substituted for the as-
terisks; 

(b) 

Exceptions. 

(1) Except for a haz-

ardous waste, no certification is re-
quired for a hazardous material offered 
for transportation by motor vehicle 
and transported: 

(i) In a cargo tank supplied by the 

carrier, or 

(ii) By the shipper as a private car-

rier except for a hazardous material 
that is to be reshipped or transferred 
from one carrier to another. 

(2) No certification is required for the 

return of an empty tank car which pre-
viously contained a hazardous material 
and which has not been cleaned or 
purged. 

(c) 

Transportation by air

—(1) 

General. 

Certification containing the following 
language may be used in place of the 
certification required by paragraph (a) 
of this section: 

I hereby certify that the contents of this 

consignment are fully and accurately de-
scribed above by proper shipping name and 
are classified, packaged, marked and labeled, 
and in proper condition for carriage by air 
according to applicable national govern-
mental regulations. 

N

OTE TO PARAGRAPH

(c)(1): In the certifi-

cation, the word ‘‘packed’’ may be used in-
stead of the word ‘‘packaged’’ until October 
1, 2010. 

(2) 

Certificate in duplicate. 

Each per-

son who offers a hazardous material to 
an aircraft operator for transportation 
by air shall provide two copies of the 
certification required in this section. 
(See § 175.30 of this subchapter.) 

(3) 

Additional certification require-

ments. 

Effective October 1, 2006, each 

person who offers a hazardous material 
for transportation by air must add to 
the certification required in this sec-
tion the following statement: 

‘‘I declare that all of the applicable 

air transport requirements have been 
met.’’ 

(i) Each person who offers any pack-

age or overpack of hazardous materials 
for transport by air must ensure that: 

(A) The articles or substances are not 

prohibited for transport by air (see the 
§ 172.101 Table); 

(B) The articles or substances are 

properly classed, marked and labeled 
and otherwise in a condition for trans-
port as required by this subchapter; 

(C) The articles or substances are 

packaged in accordance with all the 
applicable air transport requirements, 
including appropriate types of pack-
aging that conform to the packing re-
quirements and the ‘‘A’’ Special Provi-
sions in § 172.102; inner packaging and 
maximum quantity per package limits; 
the compatibility requirements (see, 
for example, § 173.24 of this subchapter); 
and requirements for closure for both 
inner and outer packagings, absorbent 
materials, and pressure differential in 
§ 173.27 of this subchapter. Other re-
quirements may also apply. For exam-
ple, single packagings may be prohib-
ited, inner packaging may need to be 
packed in intermediate packagings, 

VerDate Sep<11>2014 

16:41 Oct 31, 2018

Jkt 244226

PO 00000

Frm 00392

Fmt 8010

Sfmt 8010

Q:\49\49V2.TXT

PC31