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Federal Register / Vol. 86, No. 151 / Tuesday, August 10, 2021 / Proposed Rules marked on the package in parentheses in association with the marked proper shipping name unless the proper shipping name identifies by name the component, which makes the material a marine pollutant. Where two or more components that make a material a marine pollutant are present, the names of at least two of the components most predominantly contributing to the marine pollutant designation must appear in parentheses in association with the marked proper shipping name.
For materials described using UN3077, Environmentally hazardous substance, solid, n.o.s. and UN3082, Environmentally hazardous substance, liquid, n.o.s., see 172.102c1, special provision 441 for additional provisions; and

13. In 172.406, revise paragraph a to read as follows:
172.406

Placement of labels.

a General. 1 Except as provided in paragraphs b and e of this section, each label required by this subpart must i Be printed on or affixed to a surface other than the bottom of the package or containment device containing the hazardous material;
ii Be located on the same surface of the package and near the proper shipping name marking, if the package dimensions are adequate; and iii For transportation by aircraft, the entire labels must appear on one side of the package. For cylindrical packages, the label must be of such dimensions that it will not overlap itself. In the case of cylindrical packages containing radioactive materials, which require two identical labels, these labels must be centered on opposite points of the circumference and must not overlap each other. If the dimensions of the package are such that two identical labels cannot be affixed without overlapping each other, one label is acceptable provided it does not overlap itself.

14. In 172.447, remove and reserve paragraph c.

172.447

LITHIUM BATTERY label.

c Reserved.

PART 173SHIPPERSGENERAL
REQUIREMENTS FOR SHIPMENTS
AND PACKAGINGS
15. The authority citation for part 173
continues to read as follows:

Authority: 49 U.S.C. 51015128, 44701; 49
CFR 1.81, 1.96 and 1.97.

16. In 173.4a, redesignate paragraph g3 as 4, and add new paragraph g3 to read as follows:

173.4a
Excepted quantities.

g
3 For transportation by aircraft, the entire mark must appear on one side of the package.

17. Add new 173.14 to read as follows:
173.14 Hazardous materials in equipment in use or intended for use during transport.

a Except for transportation by aircraft, hazardous materials e.g., lithium batteries, fuel cell cartridges contained in equipment, such as data loggers and cargo tracking devices, attached to or placed in packages, overpacks, or containers are not subject to this subchapter other than the following:
1 The equipment must be in use or intended for use during transportation;
2 The hazardous materials e.g., lithium batteries, fuel cell cartridges, etc. must meet the applicable construction and test requirements specified in this subchapter;
3 The equipment must be capable of withstanding the shocks and loadings normally encountered during transport and must be safe for use in the environments to which it may be exposed; and 4 When offered for transport by vessel, the requirements in 176.76a9 of this subchapter apply.
b For transportation by aircraft, lithium batteries contained in equipment such as data loggers and cargo tracking devices, attached to or
placed in packages containing COVID
19 pharmaceuticals are not subject to the marking and documentation requirements of 173.185c3 and c4iv. This same package, when shipped without the COVID19
pharmaceuticals for the purpose of use or reuse, is also not subject to the marking and documentation requirements of 173.185c3 and c4iv, as applicable, provided prior arrangements have been made with the operator.
c Reserved.
18. In 173.27, revise paragraphs c2, f introductory text, f1, and f3 Tables 1 and 2 to read as follows:
173.27 General requirements for transportation by aircraft.

c
2 Except for packagings used for material transported as UN3082, Environmentally hazardous substance, liquid, n.o.s., packagings for which retention of liquid is a basic function must be capable of withstanding without leakage the greater of

f Combination packagings. Unless otherwise specified in this part, or in Subpart C of part 171 of this subchapter, when combination packagings are intended for transportation aboard an aircraft, inner packagings must conform to the quantity limitations set forth in Table 1 of this paragraph for transport aboard passenger-carrying aircraft and Table 2 of this paragraph for transport aboard cargo-only aircraft. For materials that are authorized to exceed 220 L 58
gallons or 200 kg 441 pounds in accordance with columns 9A and 9B
of the 172.101 Hazardous Materials Table, there is no limitation on the maximum authorized net capacity of each inner packaging.
1 Excepted quantities. For authorized materials and inner and outer package quantity limits for combination packages of excepted quantities intended for transportation by aircraft, see 173.4a of this part.

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TABLE 1MAXIMUM NET CAPACITY OF INNER PACKAGING FOR TRANSPORTATION ON PASSENGER-CARRYING AIRCRAFT
Maximum authorized net capacity of each inner packaging Maximum net quantity per package from Column 9A of the 172.101 table Glass, earthenware or fiber inner packagings Liquids:
Not greater than 0.5 L
Greater than 0.5 L, not greater than 1 L

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0.5 L
0.5 L

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Metal or plastic inner packagings 0.5 L.
1 L.