ile signature of the shipper or his duly authorized agent:

The C.F.C. metal barrels or drums used for this shipment are marked in compliance with requirements of Rule 40, section 5, of the Consolidated Freight Classification.

(c) The requirements as to marking will not be necessary for metal barrels or drums, equivalent to C.F.C. Rule 40 barrel or drums, when manufactured in foreign countries, but bill of lading or other shipping paper shall bear the following certificate over the written or stamped facsimile signature of the shipper or his duly authorized agent:

The metal barrels or drums used for this shipment are of foreign manufacture and conform to construction requirements of Rule 40, section 5, of the Consolidated Freight Classification.

(d) Solid fiberboard or double-faced corrugated fiberboard boxes constructed in accordance with specifications of the Consolidated Freight Classification, Rule 41, section 2, of capacities not exceeding 90 pounds weight of box and contents, are permitted by the regulations in this part for use in transporting or storing combustible liquids, in inside containers, on board passenger vessels.

(e) Fiberboard boxes that are made to conform to specifications of Rule 41, section 2, must bear certificate of box maker showing that the boxes do so conform. Boxes used for shipment of combustible liquids shall be marked by printing or stenciling or stamping thereon: (1) The name of the commodity within the container; or (2) The words "Combustible Liquid". This marking shall be block type, not less than 1⁄2 inch high, and shall be imposed under, above or to either side of the box maker's certificate. Marking shall be in block type letters, inside a heavy black-line border.

[Order 74, 6 F.R. 269, Jan. 11, 1941]

§ 146.05-8 Non-specification containers.

Metal barrels or drums, wooden barrels or kegs, wooden boxes, fiberboard boxes, burlap bags, multiwall paper bags and bales comprise the type of non-specification containers that are permitted for certain regulated substances. The detailed regulations in the tables for the various classifications set forth the requirements governing such containers where permitted. The design and construction of non-specification containers must be such as to prevent the occurrence of defects that permit leakage of their

contents and strong enough to stand, without failure, all shocks ordinarily incident to handling and stowage during transit. The shipper's attention is called to the regulation in the various tables which requires the officer in charge of loading the vessel to satisfy himself that a non-specification container offered for transportation, when containing a permitted substance, is sufficient in all respects for the purpose intended. [Order 74, 6 FR. 269, Jan. 11, 1941]

§ 146.05-9 Specification packaging for outside packages.

Outside specification packaging may be shipped tightly overpacked in strong outside fiberboard boxes or drums; wooden boxes, barrels, or crates; metal barrels or drums; or other enclosures, under the following conditions:

(a) The package must contain no explosives or corrosive liquids other than (1) Electrolyte, as listed in § 146.23100;

(2) Electric storage batteries containing electrolyte; or

(3) Fire extinguisher charges.

(b) The outermost packaging must be marked with the prescribed name of contents and labeled as required by the regulations in this part.

(c) Packaging which is required by the regulations in this part to be marked "This Side Up" or "This End Up" must be placed in the overpack with filling holes up and the overpack must be properly marked "This Side Up" or "This End Up."

(d) The outside of the overpack must also be marked "Inside Packages Comply with Prescribed Specifications" unless the specification markings on the inside packaging are entirely visible through openings in the overpack.

[CGFR 69-72, 34 FR. 17487, Oct. 29, 1969] § 146.05-10 Reuse of containers.

(a) Containers used more than once (refilled and reshipped after having been previously emptied) shall be in such condition, including closing devices and cushioning materials, that they will protect their contents during transit as efficiently as new containers. Repairs must be made in an efficient manner and parts that are weak, broken, or otherwise deteriorated shall be replaced.

(b) Markings applied as prescribed by the specifications shall be maintained in a legible condition.

(c) If, on account of painting or any other reason, the markings as prescribed for any container cannot be kept plain and legible, a metal plate, brazed or soldered or otherwise securely fastened to the container, with a reproduction of the prescribed markings plainly stamped thereon, may be permitted.

(d) Containers previously used for the shipment of any explosive or other dangerous article shall have old marks of contents, addresses, and labels, if any, thoroughly removed or obliterated before being used for the shipment of other articles.

(e) Boxes previously used for high explosives containing a liquid explosive ingredient shall not be again used for shipments of any character.

(f) Kegs previously used for any chicrate shall not be again used for shipments of any character.

(g) Metal kegs previously used for black powder not contained in an interior package shall not be again used for shipments of any explosive.

(h) Single trip DOT specification containers from which the contents have once been removed following use for shipment of any article, must not again be used as shipping containers for explosives, flammable liquids, flammable solids, oxidizing materials, corrosive liquids or poisons, Class B, C, or D, as defined in this part except under approval of the DOT for each reuse and for specific commodities or classes of commodities. Where specific permission is given in these detailed regulations in the table for Combustible Liquids or Hazardous Articles such single-trip containers are permitted for reuse when in compliance with paragraphs (a), (b), and (c) of this section.

(1) Cylinders or other containers which are designated as nonrefillable or for single-trip use by the DOT specifications and from which the contents have once been removed following use for shipment of any article, must not be again used as shipping containers for compressed gases.

[Order 74, 6 F.R. 269, Jan. 11, 1941, as amended, CGFR 60-70, 25 F.R. 11210, Nov. 26, 1960; CGFR 62-48, 27 FR. 12133, Dec. 7, 1962]

ulations 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 required 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.

A

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 sumcient 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 description 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 amended by CGFR 58-9, 23 F.R. 4839, June 28, 1958; CGFR 68-142, 34 FR. 2087, Feb. 12, 1969; CGFR 69-72, 34 F.R. 17487, Oct. 29, 1969] § 146.05-13 Originating export shipping 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.

(1) 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 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 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 Substar.ces 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.