(a) This part includes:

(1) Definitions of hazardous materials for transportation purposes;

(2) Requirements to be observed in preparing hazardous materials for shipment by air, highway, rail, or water, or any combination thereof; and

(3) Inspection, testing, and retesting responsibilities for persons who retest, recondition, maintain, repair and rebuild containers used or intended for use in the transportation of hazardous materials.

(b) A shipment of hazardous materials that is not prepared in accordance with this subchapter may not be offered for transportation by air, highway, rail, or water. It is the responsibility of each hazmat employer subject to the requirements of this subchapter to ensure that each hazmat employee is trained in accordance with the requirements prescribed in this subchapter. It is the duty of each person who offers hazardous materials for transportation to instruct each of his officers, agents, and employees having any responsibility for preparing hazardous materials for shipment as to applicable regulations in this subchapter.

(c) In general, the Hazardous Materials Regulations (HMR) contained in this subchapter are based on the UN Recommendations and are consistent with international regulations issued by the International Civil Aviation Organization (ICAO Technical Instructions) and the International Maritime Organization (IMDG Code). However, the HMR are not consistent in all respects with the UN Recommendations, the ICAO Technical Instructions or the IMDG Code, and compliance with the HMR will not guarantee acceptance by regulatory bodies outside of the United States.

[Amdt. 173-94, 41 FR 16062, Apr. 15, 1976, as amended by Amdt. 173-100, 41 FR 40476, Sept. 20, 1976; Amdt. 173-161, 48 FR 2655, Jan. 20, 1983; Amdt. 173-224, 55 FR 52606, Dec. 21, 1990; Amdt. 173-231, 57 FR 20953, May 15, 1992; 64 FR 10776, Mar. 5, 1999; 68 FR 61941, Oct. 30, 2003]