Certificate.

(a) A carrier may not transport a hazardous material by vessel unless he has received a certificate prepared in accordance with § 172.204 of this subchapter.

(b) In the case of an import or export shipment of hazardous materials which will not be transported by rail, highway, or air, the shipper may certify on the bill of lading or other shipping paper that the hazardous material is properly classed, described, marked, packaged, and labeled according to part 172 of this subchapter or in accordance with the requirements of the IMDG Code (see § 171.7 of this subchapter). See § 171.12 of this subchapter.

(c)(1) A person responsible for packing or loading a freight container or transport vehicle containing hazardous materials for transportation by a manned vessel in ocean or coastwise service, must provide the vessel operator, at the time the shipment is offered for transportation by vessel, with a signed container packing certificate stating, at a minimum, that—

(i) The freight container or transport unit is serviceable for the materials loaded therein, contains no incompatible goods, and is properly marked, labeled or placarded, as applicable; and

(ii) When the freight container or transport unit contains packages, those packages have been inspected prior to loading, are properly marked, labeled or placarded, as applicable; are not damaged; and are properly secured.

(2) The certification may appear on a shipping paper or on a separate document as a statement, such as “It is declared that the packing of the container has been carried out in accordance with the applicable provisions [of 49 CFR], [of the IMDG Code], or [of 49 CFR and the IMDG Code].”.

[Amdt. 176-1, 41 FR 16110, Apr. 15, 1976, as amended by Amdt. 176-1A, 41 FR 40687, Sept. 20, 1976; Amdt. 176-12, 45 FR 81572, Dec. 11, 1980; Amdt. 176-14, 47 FR 44471, Oct. 7, 1982; Amdt. 176-36, 59 FR 67518, Dec. 29, 1994; 66 FR 8647, Feb. 1, 2001; 68 FR 45038, July 31, 2003]