What does 49 CFR 172.3 (Applicability) require?

Short answer

49 CFR 172.3 requires each person who offers a hazardous material for transportation and each carrier who transports a hazardous material to comply with the regulations in this part.

The rule says

"This part applies to (1) Each person who offers a hazardous material for transportation, and (2) Each carrier by air, highway, rail, or water who transports a hazardous material." (49 CFR 172.3(a))

"When a person, other than one of those provided for in paragraph (a) of this section, performs a packaging labeling or marking function required by this part, that person shall perform the function in accordance with this part." (49 CFR 172.3(b))

In plain English

This regulation applies to anyone who offers hazardous materials for transportation and to carriers who transport these materials. It's not just limited to the carriers, but also to anyone who prepares the hazardous materials for transport, including packaging, labeling, and marking. This means that both the shipper and the carrier have responsibilities under this regulation. In a real-world scenario, this would mean that a company shipping hazardous materials would need to ensure that their packaging and labeling meet the requirements of this part, and the carrier would need to ensure that they are transporting the materials safely and in accordance with the regulations.

What to do

• Ensure that all personnel involved in preparing hazardous materials for transport are aware of and comply with the regulations in 49 CFR 172.
• Review and update packaging, labeling, and marking procedures to ensure compliance with 49 CFR 172.
• Provide training to personnel on the proper handling and transportation of hazardous materials.
• Verify that carriers used to transport hazardous materials are also in compliance with 49 CFR 172.