[Code of Federal Regulations]

[Title 49, Volume 2]

[Revised as of October 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 49CFR171.11]



[Page 103-105]

 

                        TITLE 49--TRANSPORTATION

 

   CHAPTER I--PIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION, 

                      DEPARTMENT OF TRANSPORTATION

 

PART 171_GENERAL INFORMATION, REGULATIONS, AND DEFINITIONS--Table 

of Contents

 

Sec. 171.11  Use of ICAO Technical Instructions.



    Notwithstanding the requirements of parts 172 and 173 of this 

subchapter, a hazardous material may be transported by aircraft, and by 

motor vehicle either before or after being transported by aircraft, in 

accordance with the ICAO Technical Instructions (IBR, see Sec. 171.7) 

if the hazardous material:

    (a) Is packaged, marked, labeled, classified, described and 

certified on a shipping paper and otherwise in a condition for shipment 

as required by the ICAO Technical Instructions;

    (b) Is within the quantity limits prescribed for transportation by 

either passenger-carrying or cargo aircraft, as appropriate, as 

specified in the ICAO Technical Instructions;

    (c) Is not a forbidden material or package according to Sec. 173.21 

of this subchapter; is not a forbidden material as designated in Column 

(3) of the Sec. 172.101 Table of this subchapter; and is not forbidden 

by Column 9(A) of the Sec. 172.101 Table of this subchapter when 

transported on passenger aircraft, or is not forbidden by Column 9(B) of 

the Sec. 172.101 Table of this subchapter when transported by cargo 

aircraft.

    (d) Fulfills the following additional requirements as applicable:

    (1) For a material that meets the definition of a hazardous 

substance as defined in this subchapter, the shipping paper and package 

markings must conform to the provisions in Sec. Sec. 172.203(c) and 

172.324, respectively, of this subchapter.

    (2) When a hazardous material, which is subject to the requirements 

of the ICAO Technical Instructions, is also a hazardous waste as defined 

in this subchapter:

    (i) The word ``Waste'' must precede the proper shipping name on 

shipping papers and package markings; and

    (ii) It must comply with Sec. 172.205 with respect to the hazardous 

waste manifests.

    (3) When a hazardous material is not subject to the requirements of 

the ICAO Technical Instructions, it must be transported as required by 

this subchapter.

    (4) When a hazardous material that is regulated by this subchapter 

for transportation by highway is transported by motor vehicle on a 

public highway under the provisions of this section, the following 

requirements apply:

    (i) The motor vehicle must be placarded in accordance with subpart F 

of part 172 of this subchapter; and

    (ii) The shipping paper may include an indication that the shipment 

is being made under the provisions of this section or the letters 

``ICAO.''

    (5) For air bag inflators, air bag modules, or seat-belt 

pretensioners, the shipping paper description must conform to the 

requirements of Sec. 173.166(c) of this subchapter.

    (6) For radioactive materials:

    (i) Shipping papers for highway route controlled quantity 

radioactive materials shipments must meet the requirements of Sec. 

172.203(d)(10) of this subchapter.

    (ii) Competent authority certification and any necessary 

revalidation



[[Page 104]]



for Type B, Type B(U), Type B(M), and fissile materials packages must be 

obtained from the appropriate authorities as specified in Sec. Sec. 

173.471, 173.472 and 173.473 of this subchapter, and all requirements of 

the certificates and revalidations must be met.

    (iii) Except for limited quantities of Class 7 (radioactive) 

material, the provisions of Sec. Sec. 172.204(c)(4), 173.448(e), (f) 

and (g)(3) of this subchapter apply.

    (iv) Excepted packages of limited quantities of radioactive 

material, instruments or articles, or articles containing natural 

uranium or thorium, must meet the provisions of Sec. 173.421, 173.424, 

or 173.426 of this subchapter, as appropriate.

    (v) Type A package contents shall be limited in accordance with 

Sec. 173.431 of this subchapter.

    (vi) The definition for ``radioactive material'' in Sec. 173.403 of 

this subchapter applies to radioactive materials transported under the 

provisions of this section.

    (7) If a United States variation is indicated in the ICAO Technical 

Instructions for any provision governing the transport of the hazardous 

material, the hazardous material is transported in conformance with that 

variation.

    (8) Abbreviations may not be used in shipping paper entries or 

package markings unless they are specifically authorized by this 

subchapter. ICAO class or division numbers are not considered to be 

abbreviations.

    (9) When a hazardous material, which is subject to the requirements 

of the ICAO Technical Instructions, is a material poisonous by 

inhalation (see Sec. 171.8 of this subchapter)--

    (i) The shipping description must include the words ``Toxic 

Inhalation Hazard'' or ``Poison-Inhalation Hazard'' or ``Inhalation 

Hazard'', as required in Sec. 172.203(m) of this subchapter;

    (ii) The material must be packaged in accordance with the 

requirements of this subchapter; and

    (iii) The package must be marked in accordance with Sec. 172.313 of 

this subchapter and labeled with ``POISON INHALATION HAZARD'' or 

``POISON GAS'', as appropriate, in accordance with subpart E of part 172 

of this subchapter.

    (10) Shipments of hazardous materials under this section must 

conform to the requirements for emergency response information as 

prescribed in subpart G of part 172 of this subchapter.

    (11) Packages of Class 1 (explosive) materials must be marked in 

accordance with Sec. 172.320 of this subchapter.

    (12) If an ammonium nitrate fertilizer or ammonium nitrate mixed 

fertilizer, must not meet the definition and criteria of a Class 1 

(explosive) material.

    (13) Transportation of marine pollutants, as defined in Sec. 171.8 

of this subchapter, in bulk packagings must conform to the requirements 

of Sec. Sec. 172.203(l) and 172.322 of this subchapter.

    (14) Except as provided for limited quantities of compressed gases 

in containers of not more than 4 fluid ounces capacity under Sec. 

173.306(a)(1) of this subchapter, aerosols must meet the definition for 

``Aerosol'' in Sec. 171.8. In addition, an aerosol must be in a metal 

packaging if the packaging exceeds 7.22 cubic inches.

    (15) A chemical oxygen generator, including when fitted in 

protective breathing equipment or other apparatus, is forbidden for 

transportation aboard a passenger-carrying aircraft and must be 

approved, classed, described and packaged in accordance with the 

requirements of this subchapter for transportation on cargo-only 

aircraft. A chemical oxygen generator that has been used or spent is 

also forbidden for transportation on a passenger aircraft and cargo 

aircraft only.

    (16) A cylinder containing Oxygen, compressed, may not be 

transported on a passenger-carrying aircraft or in an inaccessible cargo 

location aboard a cargo-only aircraft unless it is packaged as required 

by Part 173 and Part 178 of this subchapter and is placed in an overpack 

or outer packaging that satisfies the requirements of Special Provision 

A52 in Sec. 172.102.

    (17) A self-reactive substance that is not identified by technical 

name in the Self-reactive Materials Table in Sec. 173.224(b) of this 

subchapter must be



[[Page 105]]



approved by the Associate Administrator in accordance with the 

requirements of Sec. 173.124(a)(2)(iii) of this subchapter. An organic 

peroxide that is not identified by a technical name in any of the 

organic peroxide tables found in Sec. 173.225 of this subchapter must 

be approved by the Associate Administrator in accordance with the 

requirements of Sec. 173.128(d) of this subchapter.

    (18) Primary lithium batteries and cells are forbidden for 

transportation aboard passenger-carrying aircraft. Equipment containing 

or packed with primary lithium batteries or cells are forbidden from 

transport aboard passenger-carrying aircraft except as provided in Sec. 

172.102, Special Provision A101 or A103, of this subchapter. Except for 

primary lithium batteries and cells that are contained in or packed with 

equipment, packagings containing primary lithium batteries and cells 

that meet the exceptions in Sec. 173.185(b) and (c) of this subchapter 

must be marked ``PRIMARY LITHIUM BATTERIES--FORBIDDEN FOR TRANSPORT 

ABOARD PASSENGER AIRCRAFT'' and may be transported aboard cargo-only 

aircraft.



[Amdt. 171-69, 47 FR 54821, Dec. 6, 1982]



    Editorial Note: For Federal Register citations affecting Sec. 

171.11, see the List of CFR Sections Affected which appears in the 

Finding Aids section of the printed volume and on GPO Access.