49 C.F.R. § 171.11 Use of ICAO Technical Instructions.
Title 49 - Transportation
Link to an amendment published at 71 FR 3425, Jan. 23, 2006.
Link to an amendment published at 71 FR 33876, June 12, 2006. 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 §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 §173.21 of this subchapter; is not a forbidden material as designated in Column (3) of the §172.101 Table of this subchapter; and is not forbidden by Column 9(A) of the §172.101 Table of this subchapter when transported on passenger aircraft, or is not forbidden by Column 9(B) of the §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 §§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 §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 §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 §172.203(d)(10) of this subchapter. (ii) Competent authority certification and any necessary revalidation for Type B, Type B(U), Type B(M), and fissile materials packages must be obtained from the appropriate authorities as specified in §§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 §§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 §173.421, 173.424, or 173.426 of this subchapter, as appropriate. (v) Type A package contents shall be limited in accordance with §173.431 of this subchapter. (vi) The definition for “radioactive material” in §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 §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 §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 §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 §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 §171.8 of this subchapter, in bulk packagings must conform to the requirements of §§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 §173.306(a)(1) of this subchapter, aerosols must meet the definition for “Aerosol” in §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 §172.102. (17) A self-reactive substance that is not identified by technical name in the Self-reactive Materials Table in §173.224(b) of this subchapter must be approved by the Associate Administrator in accordance with the requirements of §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 §173.225 of this subchapter must be approved by the Associate Administrator in accordance with the requirements of §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 §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 §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
Title 49: Transportation
PART 171—GENERAL INFORMATION, REGULATIONS, AND DEFINITIONS
§ 171.11 Use of ICAO Technical Instructions.
