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Federal Register / Vol. 86, No. 151 / Tuesday, August 10, 2021 / Proposed Rules

8. In 172.102:
a. In paragraph c1:
i. Revise special provisions 47, 134, 135, 136, 147, 360, 370, 379d1; and ii. Add special provisions 196, 197, 430, and 441 in numerical order.
b. In paragraph c8, remove TP
codes TP39 and TP41.
The additions and revisions read as follows:

172.102

Special Provisions.

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47 Mixtures of solids that are not subject to this subchapter and flammable liquids may be transported under this entry without first applying the classification criteria of Division 4.1, provided there is no free liquid visible at the time the material is loaded or at the time the packaging or transport unit is closed. Except when the liquids are fully absorbed in solid material contained in sealed bags, for single packagings, each packaging must correspond to a design type that has passed a leakproofness test at the Packing Group II level. Sealed packets and articles containing less than 10 mL
of a Class 3 liquid in Packing Group II
or III absorbed onto a solid material are not subject to this subchapter provided there is no free liquid in the packet or article.

134 This entry applies only to vehicles powered by wet batteries, sodium batteries, lithium metal batteries or lithium ion batteries, and equipment powered by wet batteries or sodium batteries that are transported with these batteries installed. Lithium batteries installed in a cargo transport unit, designed only to provide power external to the transport unit must use the proper shipping name Lithium batteries installed in cargo transport unit found in the 172.101 Hazardous Materials Table.
a. For the purpose of this special provision, vehicles are self-propelled apparatus designed to carry one or more persons or goods. Examples of such vehicles are electrically-powered cars, motorcycles, scooters, threeand fourwheeled vehicles or motorcycles, trucks, locomotives, bicycles pedal cycles with an electric motor and other vehicles of this type e.g., self-balancing vehicles or vehicles not equipped with at least one seating position, lawn tractors, selfpropelled farming and construction equipment, boats, aircraft, wheelchairs and other mobility aids. This includes vehicles transported in a packaging. In this case, some parts of the vehicle may
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be detached from its frame to fit into the packaging.
b. Examples of equipment are lawnmowers, cleaning machines, or model boats and model aircraft.
Equipment powered by lithium metal batteries or lithium ion batteries must be described using the entries Lithium metal batteries contained in equipment or Lithium metal batteries packed with equipment or Lithium ion batteries contained in equipment or Lithium ion batteries packed with equipment, as appropriate.
c. Self-propelled vehicles or equipment that also contain an internal combustion engine must be described using the entries Engine, internal combustion, flammable gas powered or Engine, internal combustion, flammable liquid powered or Vehicle, flammable gas powered or Vehicle, flammable liquid powered, as appropriate. These entries include hybrid electric vehicles powered by both an internal combustion engine and batteries. Additionally, self-propelled vehicles or equipment that contain a fuel cell engine must be described using the entries Engine, fuel cell, flammable gas powered or Engine, fuel cell, flammable liquid powered or Vehicle, fuel cell, flammable gas powered or Vehicle, fuel cell, flammable liquid powered, as appropriate. These entries include hybrid electric vehicles powered by a fuel cell engine, an internal combustion engine, and batteries.
135 Internal combustion engines installed in a vehicle must be described using Vehicle, flammable gas powered or Vehicle, flammable liquid powered, as appropriate. If a vehicle is powered by a flammable liquid and a flammable gas internal combustion engine, it must be described using Vehicle, flammable gas powered. This includes hybrid electric vehicles powered by both an internal combustion engine and wet, sodium or lithium batteries installed. If a fuel cell engine is installed in a vehicle, the vehicle must be described using Vehicle, fuel cell, flammable gas powered or Vehicle, fuel cell, flammable liquid powered, as appropriate. This includes hybrid electric vehicles powered by a fuel cell, an internal combustion engine, and wet, sodium or lithium batteries installed. For the purpose of this special provision, vehicles are self-propelled apparatus designed to carry one or more persons or goods. Examples of such vehicles are cars, motorcycles, trucks, locomotives, scooters, threeand fourwheeled vehicles or motorcycles, lawn tractors, self-propelled farming and construction equipment, boats, and
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aircraft. Furthermore, lithium batteries installed in a cargo transport unit, designed only to provide power external to the transport unit must be described using the proper shipping name Lithium batteries installed in cargo transport unit found in the 172.101
Hazardous Materials Table.
136 This entry applies only to articles, machinery and apparatus containing hazardous materials as an integral element of the article, machinery, or apparatus. It may not be used to describe articles, machinery, or apparatus for which a proper shipping name exists in the 172.101 Table.
Except when approved by the Associate Administrator, these items may only contain hazardous materials 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 subchapter unless offered for transportation or transported by aircraft and are not subject to the placarding requirements of subpart F of this part.
Orientation markings as described in 172.312a2 are required when liquid hazardous materials may escape due to incorrect orientation. The article, machinery, or apparatus, if unpackaged, or the packaging in which it is contained shall be marked Dangerous goods in articles or Dangerous goods in machinery or Dangerous goods in apparatus as appropriate, with the identification number UN3363. For transportation by aircraft, articles, machinery, or apparatus, may not contain any material forbidden for transportation by passenger or cargo aircraft. The Associate Administrator may except from the requirements of this subchapter articles, machinery, and apparatus provided:
a. It is shown that it does not pose a significant risk in transportation;
b. The quantities of hazardous materials do not exceed those specified in 173.4a of this subchapter; and c. The equipment, and machinery or apparatus articles conforms with 173.222 of this subchapter.

147 This entry applies to nonsensitized emulsions, suspensions, and gels consisting primarily of a mixture of ammonium nitrate and fuel, intended to produce a Type E blasting explosive only after further processing prior to use. The mixture for emulsions typically has the following composition: 6085%
ammonium nitrate; 530% water; 28%
fuel; 0.54% emulsifier or thickening agent; 010% soluble flame
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