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348 

49 CFR Ch. I (10–1–18 Edition) 

§ 172.102 

or other explosive devices if one of the 
fuzes detonates in a shipping packaging or 
in adjacent packages. 

117

If shipment of the explosive substance is 

to take place at a time that freezing 
weather is anticipated, the water con-
tained in the explosive substance must be 
mixed with denatured alcohol so that 
freezing will not occur. 

118

This substance may not be transported 

under the provisions of Division 4.1 unless 
specifically authorized by the Associate 
Administrator (see UN0143 or UN0150 as ap-
propriate). 

119

This substance, when in quantities of 

not more than 11.5 kg (25.3 pounds), with 
not less than 10 percent water, by mass, 
also may be classed as Division 4.1, pro-
vided a negative test result is obtained 
when tested in accordance with test series 
6(c) of the UN Manual of Tests and Criteria 
(IBR, see § 171.7 of this subchapter). 

120

The phlegmatized substance must be 

significantly less sensitive than dry PETN. 

121

This substance, when containing less al-

cohol, water or phlegmatizer than speci-
fied, may not be transported unless ap-
proved by the Associate Administrator. 

123

Any explosives, blasting, type C con-

taining chlorates must be segregated from 
explosives containing ammonium nitrate 
or other ammonium salts. 

125

Lactose or glucose or similar materials 

may be used as a phlegmatizer provided 
that the substance contains not less than 
90%, by mass, of phlegmatizer. These mix-
tures may be classified in Division 4.1 when 
tested in accordance with test series 6(c) of 
the UN Manual of Tests and Criteria (IBR, 
see § 171.7 of this subchapter) and approved 
by the Associate Administrator. Testing 
must be conducted on at least three pack-
ages as prepared for transport. Mixtures 
containing at least 98%, by mass, of 
phlegmatizer are not subject to the re-
quirements of this subchapter. Packages 
containing mixtures with not less than 90% 
by mass, of phlegmatizer need not bear a 
POISON subsidiary risk label. 

127

Mixtures containing oxidizing and or-

ganic materials transported under this 
entry may not meet the definition and cri-
teria of a Class 1 material. (See § 173.50 of 
this subchapter.) 

128

Regardless of the provisions of 

§ 172.101(c)(12), aluminum smelting by-prod-
ucts and aluminum remelting by-products 
described under this entry, meeting the 
definition of Class 8, Packing Group II and 
III may be classed as a Division 4.3 mate-
rial and transported under this entry. The 
presence of a Class 8 hazard must be com-
municated as required by this part for sub-
sidiary hazards. 

129

These materials may not be classified 

and transported unless authorized by the 
Associate Administrator on the basis of re-

sults from Series 2 Test and a Series 6(c) 
Test from the UN Manual of Tests and Cri-
teria (IBR, see § 171.7 of this subchapter) on 
packages as prepared for transport. The 
packing group assignment and packaging 
must be approved by the Associate Admin-
istrator for Hazardous Materials Safety on 
the basis of the criteria in § 173.21 of this 
subchapter and the package type used for 
the Series 6(c) test. 

130

‘‘Batteries, dry, sealed, n.o.s.,’’ com-

monly referred to as dry batteries, are her-
metically sealed and generally utilize met-
als (other than lead) and/or carbon as elec-
trodes. These batteries are typically used 
for portable power applications. The re-
chargeable (and some non-rechargeable) 
types have gelled alkaline electrolytes 
(rather than acidic) making it difficult for 
them to generate hydrogen or oxygen when 
overcharged and therefore, differentiating 
them from non-spillable batteries. Dry bat-
teries specifically covered by another 
entry in the § 172.101 Table must be trans-
ported in accordance with the require-
ments applicable to that entry. For exam-
ple, nickel-metal hydride batteries trans-
ported by vessel in certain quantities are 
covered by another entry (

see 

Batteries, 

nickel-metal hydride, UN3496). Dry bat-
teries not specifically covered by another 
entry in the § 172.101 Table are covered by 
this entry (

i.e., 

Batteries, dry, sealed, 

n.o.s.) and are not subject to requirements 
of this subchapter except for the following: 
(a) 

Incident reporting. 

For transportation 

by aircraft, a telephone report in accord-
ance with § 171.15(a) is required if a fire, 
violent rupture, explosion or dangerous 
evolution of heat (

i.e., 

an amount of heat 

sufficient to be dangerous to packaging 
or personal safety to include charring of 
packaging, melting of packaging, scorch-
ing of packaging, or other evidence) oc-
curs as a direct result of a dry battery. 
For all modes of transportation, a writ-
ten report submitted, retained, and up-
dated in accordance with § 171.16 is re-
quired if a fire, violent rupture, explosion 
or dangerous evolution of heat occurs as 
a direct result of a dry battery or bat-
tery-powered device. 

(b) 

Preparation for transport. 

Batteries and 

battery-powered device(s) containing 
batteries must be prepared and packaged 
for transport in a manner to prevent: 

(1) A dangerous evolution of heat; 
(2) Short circuits, including but not lim-

ited to the following methods: 

(i) Packaging each battery or each battery- 

powered device when practicable, in fully 
enclosed inner packagings made of non- 
conductive material; 

(ii) Separating or packaging batteries in a 

manner to prevent contact with other 
batteries, devices or conductive mate-
rials (

e.g., 

metal) in the packagings; or 

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