(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) 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 § 176.76(a)(9) 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 § 173.185(c)(3) and (c)(4)(iv). This same package, when shipped without the COVID-19 pharmaceuticals for the purpose of use or reuse, is also not subject to the marking and documentation requirements of § 173.185(c)(3) and (c)(4)(iv), as applicable, provided prior arrangements have been made with the operator.

(c) The exception provided by this section does not apply to hazardous materials shipped as cargo. Hazardous materials contained in equipment as described in this section, when transported as a cargo, are subject to, and must be transported in accordance with, all applicable requirements of this subchapter.

[87 FR 44991, July 26, 2022]