What does 49 CFR 173.22 (Shipper's responsibility) require?

Short answer

49 CFR 173.22 requires shippers to class and describe hazardous materials, determine authorized packaging, and comply with other requirements. The shipper must also notify the consignee of certain shipments and provide physical protection for irradiated reactor fuel.

The rule says

"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 properly marked and labeled." (49 CFR 173.22(a))

"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." (49 CFR 173.22(b))

In plain English

This rule puts the onus on shippers to ensure hazardous materials are properly classified, packaged, and marked for transportation. It also requires them to notify consignees about certain shipments, like those containing fissile radioactive materials. Shippers must verify that motor carriers have the necessary safety permits before offering them hazardous materials. Failure to comply can lead to serious consequences, including fines and delays.

What to do

• Verify the classification and description of hazardous materials according to parts 172 and 173 of the subchapter.
• Determine that the packaging or container is authorized and properly marked and labeled.
• Notify consignees of certain shipments, such as those containing fissile radioactive materials.
• Ensure motor carriers have the necessary safety permits before offering them hazardous materials.