[Code of Federal Regulations] [Title 49, Volume 2] [Revised as of October 1, 2007] From the U.S. Government Printing Office via GPO Access [CITE: 49CFR171.24] [Page 118-119] TITLE 49--TRANSPORTATION CHAPTER I--PIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION, DEPARTMENT OF TRANSPORTATION PART 171_GENERAL INFORMATION, REGULATIONS, AND DEFINITIONS--Table of Contents Subpart C_Authorization and Requirements for the Use of International Transport Standards and Regulations Sec. 171.24 Additional requirements for the use of the ICAO Technical Instructions. (a) A hazardous material that is offered for transportation or transported within the United States by aircraft, [[Page 119]] and by motor vehicle or rail either before or after being transported by aircraft in accordance with the ICAO Technical Instructions (IBR, see Sec. 171.7), as authorized in paragraph (a) of Sec. 171.22, must conform to the requirements in Sec. 171.22, as applicable, and this section. (b) Any person who offers for transportation or transports a hazardous material in accordance with the ICAO Technical Instructions must comply with the following additional conditions and requirements: (1) All applicable requirements in parts 171 and 175 of this subchapter (also see 14 CFR 121.135, 121.401, 121.433a, 135.323, 135.327 and 135.333); (2) The quantity limits prescribed in the ICAO Technical Instructions for transportation by passenger-carrying or cargo aircraft, as applicable; (3) The conditions or requirements of a United States variation, when specified in the ICAO Technical Instructions. (c) Highway transportation. For transportation by highway prior to or after transportation by aircraft, a shipment must conform to the applicable requirements of part 177 of this subchapter, and the motor vehicle must be placarded in accordance with subpart F of part 172. (d) Conditions and requirements specific to certain materials. Hazardous materials offered for transportation or transported in accordance with the ICAO Technical Instructions must conform to the following specific conditions and requirements, as applicable: (1) Batteries--(i) Nonspillable wet electric storage batteries. Nonspillable wet electric storage batteries are not subject to the requirements of this subchapter provided-- (A) The battery meets the conditions specified in Special Provision 67 of the ICAO Technical Instructions; (B) The battery, its outer packaging, and any overpack are plainly and durably marked ``NONSPILLABLE'' or ``NONSPILLABLE BATTERY''; and (C) The batteries or battery assemblies are offered for transportation or transported in a manner that prevents short circuiting or forced discharge, including, but not limited to, protection of exposed terminals. (ii) Primary lithium batteries and cells. Primary lithium batteries and cells may not be transported aboard passenger carrying aircraft. Equipment containing or packed with primary lithium batteries or cells may not be transported 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 contained in or packed with equipment, packagings containing primary lithium batteries and cells meeting 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. (iii) Prototype lithium batteries and cells. Prototype lithium batteries and cells are forbidden for transport aboard passenger aircraft and must be approved by the Associate Administrator prior to transportation aboard cargo aircraft, in accordance with the requirements of Special Provision A55 in Sec. 172.102 of this subchapter. (2) Oxygen cylinders. A cylinder containing ``Oxygen, compressed'' may not be transported aboard a passenger-carrying aircraft, or in an inaccessible cargo location aboard a cargo-only aircraft, unless it is packaged as required by parts 173 and 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. Effective Date Notes: 1. At 72 FR 44947, Aug. 9, 2007, Sec. 171.24 was amended by revising (d)(1)(ii), effective Jan. 1, 2008. For the convenience of the user, the revised text is set forth as follows: [Page 119-120] TITLE 49--TRANSPORTATION CHAPTER I--PIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION, DEPARTMENT OF TRANSPORTATION PART 171_GENERAL INFORMATION, REGULATIONS, AND DEFINITIONS--Table of Contents Subpart C_Authorization and Requirements for the Use of International Transport Standards and Regulations Sec. 171.24 Additional requirements for the use of the ICAO Technical Instructions. * * * * * (d) * * * (1) * * * (ii) Primary lithium batteries and cells. 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 for transport aboard passenger-carrying aircraft except as provided in Sec. 172.102, Special Provision A101 of this [[Page 120]] subchapter. When transported aboard cargo-only aircraft, packages containing primary lithium batteries and cells transported in accordance with Special Provision A45 of the ICAO Technical Instructions must be marked ``PRIMARY LITHIUM BATTERIES--FORBIDDEN FOR TRANSPORT ABOARD PASSENGER AIRCRAFT'' or ``LITHIUM METAL BATTERIES--FORBIDDEN FOR TRANSPORT ABOARD PASSENGER AIRCRAFT.'' This marking is not required on packages that contain 5 kg (11 pounds) net weight or less of primary lithium batteries or cells that are contained in or packed with equipment. * * * * * 2. At 72 FR 55097, Sept. 28, 2007, Sec. 171.24 was amended by revising (a)(2), effective Oct. 1, 2008. For the convenience of the user, the revised text is set forth as follows: