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(d) A carrier actually preparing for a shipper an ocean bill of lading from written information furnished by the shipper shall accurately show such information upon the bill of lading and shall also indicate thereon information sufficient to identify the original paper describing such shipment. Upon acknowledgment by the shipper or his authorized agent or representative, the ocean bill of lading shall then be considered the properly executed document of the shipper.

(e) A shipper or his authorized agent or representative shall not offer to an initial carrier vessel partial deliveries of a shipment of explosives or other dangerous articles except under cover of a dock receipt or other partial delivery receipt, which receipt shall show all the information as required for the originating shipping order. Delivery receipts covering such shipments shall be furnished in duplicate and after acknowledgment one copy shall be retained for one year by the vessel operator. Separate delivery receipts shall accompany each partial delivery.

(f) No person other than the shipper or his duly authorized agent or representative shall prepare an originating shipping order or written instrument otherwise describing the shipment covering transportation of explosives or other dangerous articles or substances.

(g) The minimum information required by this section to be shown upon an originating shipping order or written instrument "otherwise describing the shipment" is as required by § 146.05-12 (f).

(h) A shipment of explosives or other dangerous articles or substances being delivered to a carrier vessel under the provisions of a booking contract, engagement note, permit or contract of affreightment shall be accompanied by one of the shipping papers required by the provisions of paragraph (b) of this section.

[Order 74, 6 F.R. 270, Jan. 11, 1941, as amended by CGFR 58-9, 23 F.R. 4839, June 28, 1958] § 146.05-14 Import shipping papers.

An importer of explosives or other dangerous articles or combustible liquids shall furnish the foreign shipper full and complete information required by

§ 146.05-12(f) to be shown on shipping papers. Bills of lading, manifests, consular invoices or other important shipping papers shall show such information. Applicable certifications as required by § 146.02-3, § 146.02-9, or § 146.02-11(c), and § 146.05-11 shall also be shown thereon. (See Carrier Regulations re Import Shipments § 146.06-1.) (Attention of importers is called to § 146.02-11 re Import Shipments.)

[CGFR 53-26, 18 F.R. 5216, Sept. 1, 1953] § 146.05-15 Marking and labeling applying to domestic shipments only. (a) Interstate Commerce Commission regulations in effect at time of shipment with respect to the marking and labeling of containers of explosives, inflammable liquids, inflammable solids, oxidizing materials, corrosive liquids, compressed gases and poisonous articles apply to shippers preparing shipments for transportation or storage on board vessels that are common carrier vessels and subject to the regulations in this part.

(b) Provisions of the regulations of the Interstate Commerce Commission with respect to marking and labeling of containers of Explosives, Inflammable Liquids, Inflammable Solids, Oxidizing Materials, Corrosive Liquids, Compressed Gases and Poisonous Articles as applicable to shipments thereof on board common carrier vessels are adopted and form part of the regulations in this part for any such shipments on vessels that are not common carriers and shall apply to all shippers preparing such shipments for transportation or storage on board such vessels except as may be otherwise required by the regulations herein.

CROSS REFERENCE: For marking and labeling requirements applying to export shipments, see § 146.02-10 (a) and (b). For marking and labeling requirements, applying to import shipments, see § 146.02-11 (a), (b), and (c).

(c) The marking of containers of Combustible Liquids prepared for transportation or storage on board passenger vessels or Hazardous Articles prepared for transportation or storage on board any vessel subject to the regulations in this part shall be in accordance with the requirements of the regulations in this part.

(d) The marking and labeling of containers of Explosives shall be as follows:

(1) Each package containing explosives shall be marked with its proper shipping name as shown in the commodity list herein and such other marking as prescribed by the Interstate Commerce Commission regulations for the explosive in the shipment.

(2) Packages containing explosives shall show on top the marking "This Side Up" when required by the Interstate Commerce Commission regulations.

(3) Each package of explosives shall show the name and address of the consignee; or in lieu thereof the shipping mark and number. When such system of marks and numbers is used they shall be indicated as such upon the originating and subsequent shipping paper. Packages comprising carloads and highway truckloads need not be so marked when delivered to a vessel, provided the vessel delivers the shipment complete to a connecting carrier or a single consignee. Such delivery must be accompanied by a shipping paper showing thereon at least the following information:

Name of consignee.
Number of packages.

Name of commodity in accordance with
the regulations in this part.

(4) Each package of explosives containing a poison gas or tear gas shall also have securely attached to it the labels prescribed by the Interstate Commerce Commission regulations.

(5) Each outside container of samples of explosives when offered for transportation on board vessels shall bear the "red label for samples of explosives" and each outside container of special fireworks in addition to the markings prescribed shall bear the "red label for special fireworks”, as described and illustrated in § 146.05-17 (t) and (s).

(6) Each package of explosives shall be marked with the Interstate Commerce Commission specification number as prescribed by the specification, if an I. C. C. specification container is required.

(e) The marking of containers of Other Dangerous Articles or Substances shall be as follows:

(1) Each package containing inflammable liquids, inflammable solids, oxidizing materials, corrosive liquids, com

pressed gases, or poisons as defined herein shall be marked with the proper shipping name as shown in the commodity list of the regulations in this part. For tank cars this marking shall appear either on the placards or commodity cards.

(2) Except as otherwise exempted by the provisions of the regulations in this part, each package of dangerous articles, as enumerated in subparagraph (1) of this paragraph, shall show the name and address of the consignee; or in lieu thereof the shipping mark and number. When such system of marks and numbers is used they shall be indicated as such upon the originating and subsequent shipping paper. Packages comprising carloads and highway truck loads need not be so marked when delivered to a vessel, provided the vessel delivers the shipment complete to a connecting carrier or a single consignee. Such delivery must be accompanied by a shipping paper showing thereon at least the following information:

Name of consignee.
Number of packages.

Name of commodity in accordance with
the regulations in this part.

Shipments offered to an initial carrier vessel that comprise a full cargo or sufficient to occupy a full compartment or hold, or that exceed one hundred (100) packages, need not show the name and address of the consignee upon the individual packages, provided delivery is made to a connecting carrier or a consignee in not less than truck load or carload consignments.

(3) Packages containing inflammable liquids in inside containers of one quart capacity or larger and corrosive liquids in any quantity, except when packed in carboys not completely boxed, shall be marked on top "This Side Up."

(4) Each package shall show the specification marking as required if a specification container is prescribed.

(5) Additional shipping information not inconsistent with the regulations in this part may be shown on a container if so desired but no such label or marking shall be of a design, or form, or size, as may be confused with the labeling and marking required by the regulations in this part.

(f) The marking of containers of "Combustible Liquids" or "Hazardous Articles" shall be as follows:

(1) Each outside container of a combustible liquid, as defined herein, shall be marked with either the proper shipping name as shown in the commodity list herein or the legend "Combustible Liquid." This marking shall be in block letters not less than 1⁄2 inch high and may be printed or stenciled or stamped upon the container.

(2) Each outside barrel, box, or bag containing a hazardous article as defined herein shall be marked with the proper shipping name as shown in the commodity list herein. These markings shall be in block letters not less than 1⁄2 inch high and may be printed or stenciled upon the container.

(3) Except as otherwise exempted by the provisions of the regulations in this part, outside containers of hazardous articles or combustible liquids shall show the name and address of the consignee or in lieu thereof the shipping marks and number. Packages comprising carloads and highway truck loads need not be so marked when delivered to a vessel, provided the vessel delivers the shipment complete to a connecting carrier or a single consignee. Such delivery must be accompanied by a shipping paper showing thereon at least the following information:

Name of consignee.

Number of packages. Name of commodity in accordance with the regulations in this part.

(4) Packages containing combustible liquids or hazardous articles in liquid form packed in inside containers of 1 quart capacity or larger shall be marked on top "This Side Up".

(5) Additional shipping information not inconsistent with the regulations in this part may be shown on an outside container if so desired but no such markings shall be of a design or form or size as may be confused with the marking required by the regulations in this part.

(g) Each package containing "Any Other Dangerous Article" as defined by the regulations in this part shall be con

spicuously labeled by the shipper as fol lows except as otherwise provided:

(1) "Red label" as described and i lustrated in § 146.05-17 (f) on container of inflammable liquids, except when exempted by the regulations in this part If inflammable liquid is also a class A poison or a radioactive material poison D, the "poison gas" label or "radioactive materials" label must also be applied to the package.

(2) "Yellow label" as described and illustrated in § 146.05-17 (g) on containers of inflammable solids and oxidizing materials, except when exempted by the regulations in this part. If inflammable solid or oxidizing material is also a class A poison or a radioactive material poison D, the "poison gas" label or "radioactive materials" label must also be applied to the package.

(3) "White label" as described and illustrated in § 146.05-17 (h) on containers of acids, except when exempted by the regulations in this part. If the acid is also a class A poison or a radioactive material poison D, the "poison gas” label or "radioactive materials" label must also be applied to the package.

(4) "White label" as described and illustrated in § 146.05-17 (j) on containers of corrosive liquids, except when exempted by the regulations in this part. If the corrosive liquid is also a class A poison or a radioactive material poison D, the "poison gas" label or "radioactive materials" label must also be applied to the package.

(5) "White label" as described and illustrated in § 146.05-17 (k) on containers of alkaline caustic liquids, except when exempted by the regulations in this part. If the alkaline caustic liquid is also a class A poison or a radioactive material poison D, the "poison gas" label or "radioactive materials" label must also be applied to the package.

(6) "Red label" as described and illustrated in § 146.05-17(1) on containers of inflammable compressed gases, except when exempted by the regulations in this part. If the inflammable compressed gas is also a class A poison or a radioactive material poison D, the "poison

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gas" label or the "radioactive materials" label must also be applied to the package.

(7) "Green label" as described and illustrated in § 146.05-17 (m) on containers of noninflammable compressed gases except when exempted by the regulations in this part. If the noninflammable compressed gas is also a class A poison or a radioactive material poison D, the "poison gas" label or "radioactive materials" label must also be applied to the package.

(8) "Poison gas label" as described and illustrated in § 146.05-17(n) on containers of class A poisons.

(9) "Poison label" as described and illustrated in § 146.05-17 (o) on containers of class B poison liquids, or solids, except when exempted by the regulations in this part. If the class B poison liquid or solid is also a radioactive material poison D, the "radioactive materials" label must also be applied to the package.

(10) "Tear gas label" as described and illustrated in § 146.05-17 (p) on containers of class C poisons.

(11) "Radioactive materials label" as described and illustrated in § 146.05-17 (q) on containers of group I and group II radioactive materials.

(12) "Radioactive materials label" as described and illustrated in § 146.05-17 (r) on containers of group III radioactive materials.

(13) "Radioactive materials label" as described and illustrated in § 146.05-17 (w) on bundles, boxes, barrels or crates of magnesium-thorium alloys.

(14) "Bung label" as described and illustrated in § 146.05-17(v) on metal barrels or drums containing inflammable liquids with vapor pressures exceeding 16 pounds per square inch absolute.

(15) "Empty label" as described and illustrated in § 1460.05-17 (u) shall be applied to empty containers when such application is required by the regulations in this part.

(h) Labels are not required on packages comprising shipments received and delivered in carloads or highway truck loads when such shipments are in conformity with the provisions of paragraphs (d) (3), (e) (2), or (f) (3) of this

section. This exception does not apply to Class A or Class C poisons.

[Order 74, 6 F.R. 271, Jan. 11, 1941, as amended by CGFR 52-8, 17 F.R. 6462, July 17, 1952; CGFR 53-26, 18 F.R. 5216, Sept. 1, 1953; CGFR 53-54, 18 F.R. 8230, Dec. 16, 1953; CGFR 61-11, 26 F.R. 3923, May 5, 1961] § 146.05-16 Labels for mixed packing.

(a) Use the red label only when red and other labels are prescribed, except when poison gas label or radioactive materials label is prescribed, then both the red label and the poison gas label or red label and radioactive materials label must be used.

(b) Use white acid (alkaline caustic liquid or corrosive liquid) label only when white acid (alkaline caustic liquid or corrosive liquid) and yellow or poison labels are prescribed or poison labels (class B) are prescribed except when poison gas label or radioactive materials label is prescribed, then both the white acid label and the poison gas label or white acid and radioactive materials label must be used.

(c) Use the yellow label only when yellow and poison labels are prescribed, except when poison gas label or radioactive materials label is prescribed, then both the yellow label and the poison gas label or the yellow label and the radioactive materials label must be used. [CGFR 53-54, 18 F.R. 8231, Dec. 16, 1953, as corrected by CGFR 56-29, 21 F.R. 7055, Sept. 20, 1956]

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(a) Shippers shall furnish and attach the labels prescribed for their packages.

(b) Labels shall not be applied to packages containing articles which are not subject to the regulations in this part.

(c) Shippers shall not apply labels which by their size, shape and color, may readily be confused with standard caution labels prescribed in this part.

(d) Labels shall conform to standard as required by the Interstate Commerce Commission regulations.

(e) A combination diamond-shaped label-tag of proper size and color, bearing on one side the shipping information and on the reverse side the wording prescribed in this section will be permitted.

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