350
49 CFR Ch. I (10–1–18 Edition)
§ 172.102
by a fuel cell engine, an internal combus-
tion engine, and batteries.
135
Internal combustion engines installed in
a vehicle must be consigned under the en-
tries ‘‘Vehicle, flammable gas powered’’ or
‘‘Vehicle, flammable liquid powered,’’ as
appropriate. If a vehicle is powered by a
flammable liquid and a flammable gas in-
ternal combustion engine, it must be con-
signed under the entry ‘‘Vehicle, flam-
mable gas powered.’’ These entries include
hybrid electric vehicles powered by both an
internal combustion engine and wet, so-
dium or lithium batteries installed. If a
fuel cell engine is installed in a vehicle,
the vehicle must be consigned using the
entries ‘‘Vehicle, fuel cell, flammable gas
powered’’ or ‘‘Vehicle, fuel cell, flammable
liquid powered,’’ as appropriate. These en-
tries include hybrid electric vehicles pow-
ered by a fuel cell, an internal combustion
engine, and wet, sodium or lithium bat-
teries installed. For the purpose of this
special provision, vehicles are self-pro-
pelled apparatus designed to carry one or
more persons or goods. Examples of such
vehicles are cars, motorcycles, trucks, lo-
comotives, scooters, three- and four-
wheeled vehicles or motorcycles, lawn
tractors, self-propelled farming and con-
struction equipment, boats and aircraft.
136
This entry only applies to machinery
and apparatus containing hazardous mate-
rials as an integral element of the machin-
ery or apparatus. It may not be used to de-
scribe machinery or apparatus for which a
proper shipping name exists in the § 172.101
Table. Except when approved by the Asso-
ciate Administrator, machinery or appa-
ratus may only contain hazardous mate-
rials for which exceptions are referenced in
Column (8) of the § 172.101 Table and are
provided in part 173, subparts D and G, of
this subchapter. Hazardous materials
shipped under this entry are excepted from
the labeling requirements of this sub-
chapter unless offered for transportation
or transported by aircraft and are not sub-
ject to the placarding requirements of sub-
part F of this part. Orientation markings
as described in § 172.312(a)(2) are required
when liquid hazardous materials may es-
cape due to incorrect orientation. The ma-
chinery or apparatus, if unpackaged, or the
packaging in which it is contained shall be
marked ‘‘Dangerous goods in machinery’’
or ‘‘Dangerous goods in apparatus,’’ as ap-
propriate, with the identification number
UN3363. For transportation by aircraft,
machinery or apparatus may not contain
any material forbidden for transportation
by passenger or cargo aircraft. The Asso-
ciate Administrator may except from the
requirements of this subchapter equip-
ment, machinery and apparatus provided:
a. It is shown that it does not pose a sig-
nificant risk in transportation;
b. The quantities of hazardous materials do
not exceed those specified in § 173.4a of
this subchapter; and
c. The equipment, machinery or apparatus
conforms with § 173.222 of this sub-
chapter.
137
Cotton, dry; flax, dry; sisal, dry; and
tampico fiber, dry are not subject to the
requirements of this subchapter when they
are baled in accordance with ISO 8115,
‘‘Cotton Bales—Dimensions and Density’’
(IBR, see § 171.7 of this subchapter) to a
density of not less than 360 kg/m
3
(22.1 lb/
ft
3
) for cotton, 400 kg/m
3
(24.97 lb/ft
3
) for
flax, 620 kg/m
3
(38.71 lb/ft
3
) for sisal and 360
kg/m
3
(22.1 lb/ft
3
) for tampico fiber and
transported in a freight container or closed
transport vehicle.
138
This entry applies to lead compounds
which, when mixed in a ratio of 1:1,000 with
0.07 M (Molar concentration) hydrochloric
acid and stirred for one hour at a tempera-
ture of 23
°
C
±
2
°
C, exhibit a solubility of
more than 5%. Lead compounds which,
when mixed in a ratio of 1:1,000 with 0.07 M
(Molar concentration) hydrochloric acid
and stirred for one hour at a temperature
of 23
°
C
±
2
°
C, exhibit a solubility of 5% or
less are not subject to the requirements of
this subchapter unless they meet criteria
as another hazard class or division. Lead
compounds that have a solubility of 5% or
less in accordance with this special provi-
sion are not subject to the requirements of
this subchapter that pertain to Marine
Pollutants.
139
Use of the ‘‘special arrangement’’ proper
shipping names for international ship-
ments must be made under an IAEA Cer-
tificate of Competent Authority issued by
the Associate Administrator in accordance
with the requirements in § 173.471, § 173.472,
or § 173.473 of this subchapter. Use of these
proper shipping names for domestic ship-
ments may be made only under a DOT spe-
cial permit, as defined in, and in accord-
ance with the requirements of subpart B of
part 107 of this subchapter.
140
This material is regulated only when it
meets the defining criteria for a hazardous
substance or a marine pollutant. In addi-
tion, the column 5 reference is modified to
read ‘‘III’’ on those occasions when this
material is offered for transportation or
transported by highway or rail.
141
A toxin obtained from a plant, animal,
or bacterial source containing an infec-
tious substance, or a toxin contained in an
infectious substance, must be classed as
Division 6.2, described as an infectious sub-
stance, and assigned to UN 2814 or UN 2900,
as appropriate.
142
These hazardous materials may not be
classified and transported unless author-
ized by the Associate Administrator. The
Associate Administrator will base the au-
thorization on results from Series 2 tests
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