(a) Capacity of 640 cubic feet or more. Each person who offers for transportation, and each person who loads and transports, a hazardous material in a freight container or aircraft unit load device having a capacity of 640 cubic feet or more shall affix to the freight container or aircraft unit load device the placards specified for the material in accordance with §172.504. However:

(1) The placarding exception provided in §172.504(c) applies to motor vehicles transporting freight containers and aircraft unit load devices,

(2) The placarding exception provided in §172.504(c) applies to each freight container and aircraft unit load device being transported for delivery to a consignee immediately following an air or water shipment, and,

(3) Placarding is not required on a freight container or aircraft unit load device if it is only transported by air and is identified as containing a hazardous material in the manner provided in part 7, chapter 2, section 2.8, of the ICAO Technical Instructions (IBR, see §171.7 of this subchapter).

(b) Capacity less than 18 m 3 (640 cubic feet).

(1) Each person who offers for transportation by air, and each person who loads and transports by air, a hazardous material in a freight container or aircraft unit load device having a capacity of less than 18 m3 (640 cubic feet) shall affix one placard of the type specified by paragraph (a) of this section unless the freight container or aircraft unit load device:

(i) Is labeled in accordance with subpart E of this part, including §172.406(e);

(ii) Contains radioactive materials requiring the Radioactive Yellow III label and is placarded with one Radioactive placard and is labeled in accordance with subpart E of this part, including §172.406(e); or,

(iii) Is identified as containing a hazardous material in the manner provided in part 7; chapter 2, section 2.8, of the ICAO Technical Instructions (IBR, see §171.7 of this subchapter).

(2) When hazardous materials are offered for transportation, not involving air transportation, in a freight container having a capacity of less than 640 cubic feet the freight container need not be placarded. However, if not placarded, it must be labeled in accordance with subpart E of this part.

(c) Notwithstanding paragraphs (a) and (b) of this section, packages containing hazardous materials, other than ORM-D, offered for transportation by air in freight containers are subject to the inspection requirements of §175.30 of this chapter.

[Amdt. 172-29, 41 FR 15996, Apr. 15, 1976]