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(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.

(a) Department of Transportation regulations (49 CFR 170 to 179) in effect at the time of shipment with respect to the marking and labeling of containers of explosives, inflammable liquids, inflammable solids, oxidizing materials, corrosive liquids, compressed gases, poisonous articles, and etiologic agents apply to shippers preparing shipments for transportation or storage on board vessels subject to the regulations of this part.

(b) [Reserved]

(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 § 148.05-17 (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, poisons, and etiologic agents 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, where 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 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.

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(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.

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

(8) "Poison gas" label as described and illustrated in § 146.05-17(n) on packages 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 the "radioactive" label must also be applied to the package.

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

(11) "Radioactive" (white-I, yellowII, or yellow-III) label as described in § 146.05-17 (q) and (r) on packages of radioactive materials, except when exempted from the labeling requirements

in Subpart 146.19 of this part. Each package must be labeled with two such labels, affixed to opposite sides of the package. The method of determination of which label to use is given in § 146.19-25.

(12) Labels which conform to the model prescribed in the regulations of the International Atomic Energy Agency, and which are similar in appearance to the labels prescribed in this part (although the inscriptions on the labels may be in a foreign language) are authorized in place of the labels prescribed in this part for import or export shipments only.

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

(14) "Empty" label as described and illustrated in § 146.05-17 (u) shall be applied to packages which have been emptied and on which the old label has not been removed, obliterated, or destroyed. It must be placed on the package so as to completely cover the old label.

(15) The etiologic agent label as described and illustrated in § 146.05-17 (w) on packages of etiologic agents except when exempted by the regulations in this part. If the etiologic agent is also a Class A poison or a radioactive material the "poison gas" label or "radioactive" label must also be applied to the package. (Sec. 1, 49 Stat. 1889; 46 U.S.C. 391a) [Order 74, 6 F.R. 271, Jan. 11, 1941, as amended by CGFR 53-26, 18 F.R. 5216, Sept. 1, 1953; CGFR 66-28, 31 F.R. 8297, June 14, 1966; CGFR 68-66, 33 F.R. 8451, June 7, 1968; CGFR 68-142, 34 F.R. 2087, Feb. 12, 1969; CGFR 71157, 36 F.R. 23218, Dec. 7, 1971; 37 F.R. 20552, Sept. 30, 1972]

NOTE: The amendment at 37 F.R. 20552, which revised paragraph (a) and subparagraph (e) (1), removed paragraph (b) and added subparagraph (g) (15), is effective Dec. 30, 1972. For the user's convenience, the superseded provisions appear below.

(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 on board 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).

(e)

(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).” § 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 label is prescribed, then both the red label and the poison gas label or red label and radioactive 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 label is prescribed, then both the white acid label and the poison gas label or white acid and radioactive label must be used. [CGFR 68-142, 34 F.R. 2088, Feb. 12, 1969] § 146.05-17

Labels.

(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

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