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(a) Each shipper offering for transportation by water any explosives, other dangerous articles, combustible liquids, and hazardous articles subject to the regulations in this part must show on the shipping paper the following certificate which must be signed by the shipper:

This is to certify that the above-named articles are properly classified, described, packaged, marked, and labeled, and are in proper condition for transportation, according to the applicable regulations of the Department of Transportation.

(b) For export and import shipments of dangerous cargo not destined to be transported by land under the jurisdiction of the Department of Transportation as covered in § 146.02-10 of this part, the shipper may certify on the bill of lading or other shipping paper that the dangerous articles are properly packaged, marked, labeled, and are in proper condition for transportation according to the regulations of the country of origin or destination as the case may be. The regulations must be identified by name.

(c) Detailed regulations in §§ 146.21100 to 146.27-100 require specific certification for certain substances. When these substances are required to be certificated under paragraph (a) of this section the certificate required by the detailed regulations shall be in addition thereto.

[CGFR 68-142, 34 F.R. 2087, Feb. 12, 1969] § 146.05-12 Originating shipping order, transfer shipping paper.

(a) The requirements of this section apply to domestic shipments offered for transportation, carriage, or conveyance on board vessels.

(b) A shipper of any permitted explosives or other dangerous articles or substances, and combustible liquids for transportation, carriage, or conveyance on board vessels subject to the regulations in this part under the conditions set forth in paragraph (a) of this section. shall prepare an originating shipping order describing the shipment as re

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quired in this section. A vessel acting as initial carrier shall require presentation of the original shipping order. vessel acting as a connecting carrier shall require delivery of a transfer shipping paper prepared from the originating shipping order or subsequent transfer paper and upon which shall be shown all the information that is required by this section.

NOTE 1. "Originating shipping order" may be the second sheet that carries the notation in bold face type "THIS SHIPPING ORDER" of the domestic bill of lading form, or a delivery paper (known as a delivery receipt or dock receipt) or an order prepared upon the shipper's letterhead.

NOTE 2. "Transfer shipping paper" refers to such papers as freight way bill, way bill, express way bill, vessel manifest, vessel cargo list, or exchange bill of lading shipping order, under authority of which a shipment is moving by other than the initial carrier. Such transfer papers shall show thereon all the information required by this section and shall also contain information sufficient to identify the preceding shipping paper.

(c) A shipper or his authorized agent or representative shall not tender to an initial carrier vessel partial deliveries of a shipment of explosives or other dangerous articles or substances and combustible liquids, except under cover of a delivery paper (known as a delivery receipt or dock receipt) which paper shall show all the information as required for an originating shipping order in paragraph (f) of this section. Delivery receipts covering either full or partial deliveries shall be furnished at least in duplicate and after acknowledgment, one copy shall be retained for one year by the vessel operator. Unit deliveries of the same substance requiring more than eight (8) hours of normal continuous operation to effect complete delivery shall not be construed to be partial deliveries.

(d) If a shipment is being transported, carried or conveyed under a bill of lading issued in exchange or in substitution for an original bill of lading it shall be the duty of the carrier executing such bill of lading to accurately transfer from the original bill of lading the information shown thereon as required by this section.

(e) No person other than the shipper or his duly authorized agent or representative shall prepare an originating shipping order covering transportation, carriage, conveyance or storage of explosives or other dangerous articles or

substances, and combustible liquids that are to be transported, carried, conveyed or stored on board vessels subject to the regulations in this part.

(f) The minimum information required by this section to be shown upon an originating shipping order is as follows:

(1) Shipper's name and address.

(2) Consignee's name and address. (When required by the detailed regulations.)

(3) Either the number of packages or pieces or the quantity or weight, as the case may be, and the type of packages (cylinders, barrels, boxes, etc.).

(4) Shipping or leading marks and numbers if appearing on packages.

(5) Shipping name of each article, as shown in roman type in § 146.04-5, and the proper classification prescribed in § 146.01-4. Further description not inconsistent with the shipping name may be shown. Unauthorized abbreviations shall not be used. For other than domestic shipments, when the proper shipping name of a commodity is an "N.O.S." entry in the particular table, this term shall be qualified by the chemical name of the commodity in parentheses, e.g., "Corrosive liquid, N.O.S. (caprylyl chloride)."

(6) In connection with the entry of each dangerous article, show the kind and color of label applied to the package or the markings upon the package when label or marking is required by the regulations in this part. Where the detailed regulations exempt the packages from labeling the exemption must be indicated by the words "No Label Required" immediately following the description on the shipping paper.

(7) Gross weight of container and contents when such information is required to be shown on a package by the regulations in this part.

(8) Certification over the written or stamped facsimile signature of the shipper or of his duly authorized agent as required by the regulations in this part. (Not required except on originating bill of lading and shipping order.)

(9) For shipments of radioactive materials, the shipping paper description must include:

(i) The Transport Group or Groups of the radionuclides in the radioactive material, if the material is in normal form;

(ii) The name of the radionuclides in the radioactive material, and a descrip

tion of its physical and chemical form if the material is in normal form;

(iii) The activity of the radioactive material in curies;

(iv) The type of label applied to the package; i.e., Radioactive White-I, Radioactive Yellow-II, or Radioactive Yellow-III;

(v) For fissile radioactive materials, the fissile class of the package, and the weight in grams or kilograms of the fissile isotope; and

(vi) For export shipments, a copy of any special permit issued by the Department of Transportation for the package.

(g) Any person or carrier preparing a transfer shipping paper shall show thereon all the information required by this section that is given on the preceding shipping paper and shall also indicate thereon information sufficient to identify the preceding shipping paper.

(h) When a shipment of explosives or other dangerous articles or substances, and combustible liquids is being transported, carried, conveyed, or stored on board a vessel subject to the regulations in this part under a special contract of affreightment, the provisions required by paragraphs (a), (b), (c), (d), and (e) of this section need not be complied with: Provided, however, That the owner, charterer, agent or master of the vessel shall have in his possession a memorandum describing the shipment, which description shall contain at least the information required by paragraph (f) of this section. This memorandum must be in the carrier's possession previous to the time the explosives or other dangerous articles or substances, and combustible liquids, are transported, carried, conveyed, stored or stowed.

[Order 74, 6 F.R. 270, Jan. 11, 1941, as amend-
ed by CGFR 58-9, 23 F.R. 4839, June 28, 1958;
CGFR 68-142, 34 F.R. 2087, Feb. 12, 1969;
CGFR 69-72, 34 F.R. 17487, Oct. 29, 1969]
§ 146.05-13 Originating export ship-
ping paper.

(a) The requirements of this section apply when an export shipment is offered for transportation by vessel.

(b) A shipper of any explosive or other dangerous article or substance to be offered for export on board vessels subject to the regulations in this part shall prepare an originating shipping order or otherwise describe the shipment in writing as required by this section.

NOTE 1. This "originating shipping order" may be any one of the following papers: (1)

Uniform through export bill of lading. (2) Ocean bill of lading. (3) Dock receipt. (4) Delivery receipt. (5) Government bill of lading. (6) Engagement note. (7) Permit.

NOTE 2. By "otherwise describe the shipment in writing" is meant that the shipper or his authorized agent or representative shall in writing advise the vessel operator in advance regarding the characteristics of the shipment and such description shall conform to the provisions of this section.

(c) For a shipment originating in the interior and moving to the seaboard under a domestic bill of lading the shipper or his authorized agent or representative shall advise the vessel regarding the shipment in the manner set forth under Note 2 of this section.

(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 (1).

(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 af

freightment shall be accompanied by one of the shipping papers required by the provisions of paragraph (b) of this section.

[Order 74, 6 FR. 270, Jan. 11, 1941, as amended by CGFR 58-9, 28 FR. 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.

(a) Department of Transportation 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 Department of Transportation 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 of commercial Class A explosives and radioactive materials, see § 146.02-10(a). For alternate marking and labeling requirements applying to export shipments of other dangerous articles or substances, see § 146.0210(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 Department of Transportation regulations for the explosive in the shipment.

(2) Packages containing explosives shall show on top the marking "This Side Up" when required by the Department of Transportation 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 Department of Transportation 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 Department of Transportation specification number as

prescribed by the specification, if a DOT specification container is required.

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

(1) Each package containing inflammable liquids, inflammable solids, oxidizing materials, corrosive liquids, compressed 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. For other than domestic shipments, when the proper shipping name of a commodity is an "N.O.S." entry in the particular table, this marking shall be qualified by the chemical name of the commodity in parentheses, e.g., "Corrosive liquid, N.O.S. (caprylyl chloride)."

(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 shiprent 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 sufcient 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 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 conspicuously labeled by the shipper as follows except as otherwise provided:

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

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

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

(4) "White" label as described and illustrated in § 146.05-17(j) on packages 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, the "poison gas" label or "radioactive" label must also be applied to the package.

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

(6) "Red" label as described and illustrated in § 146.05-17 (1) on packages of flammable compressed gases, except when exempted by the regulations in this part. If the flammable compressed gas is also a Class A poison or a radioactive material, the "poison gas" label or the "radioactive" label must also be applied to the package.

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