Editorial Note on Part 173
Editorial Note: Nomenclature changes to part 173 appear at 70 FR 56098, Sept. 23, 2005.

§ 173.168 Chemical oxygen generators. An oxygen generator, chemical (defined in § 171.8 of this subchapter) may be transported only under the following conditions: ( a ) *Approval.* A chemical oxygen generator that is shipped with an explosive or non-explosive means of initiation attached must be classed and approved by the Associate Administrator in accordance with the procedures specified in § 173.56 of this subchapter.
( b ) *Impact resistance.* A chemical oxygen generator, without any packaging, must be capable of withstanding a 1.8 meter drop onto a rigid, non-resilient, flat and horizontal surface, in the position most likely to cause actuation or loss of contents.
( c ) *Protection against inadvertent actuation.* A chemical oxygen generator must incorporate one of the following means of preventing inadvertent actuation: ( 1 ) A chemical oxygen generator that is not installed in protective breathing equipment (PBE): ( i ) Mechanically actuated devices: ( A ) Two pins, installed so that each is independently capable of preventing the actuator from striking the primer;
( B ) One pin and one retaining ring, each installed so that each is independently capable of preventing the actuator from striking the primer; or
( C ) A cover securely installed over the primer and a pin installed so as to prevent the actuator from striking the primer and cover.
( ii ) Electrically actuated devices: The electrical leads must be mechanically shorted and the mechanical short must be shielded in metal foil.
( iii ) Devices with a primer but no actuator: A chemical oxygen generator that has a primer but no actuating mechanism must have a protective cover over the primer to prevent actuation from external impact.
( 2 ) A chemical oxygen generator installed in a PBE must contain a pin installed so as to prevent the actuator from striking the primer, and be placed in a protective bag, pouch, case or cover such that the protective breathing equipment is fully enclosed in such a manner that the protective bag, pouch, case or cover prevents unintentional actuation of the oxygen generator.
( d ) *Packaging.* A chemical oxygen generator and a chemical oxygen generator installed in equipment, (e.g., a PBE) must be placed in a rigid outer packaging that— ( 1 ) Conforms to the requirements of either: ( i ) Part 178, subparts L and M, of this subchapter at the Packing Group I or II performance level; or
( ii ) The performance criteria in Air Transport Association (ATA) Specification No. 300 for a Category I Shipping Container.
( 2 ) With its contents, is capable of meeting the following additional requirements when transported by cargo-only aircraft: ( i ) The Flame Penetration Resistance Test specified in appendix E to part 178 of this subchapter.
( ii ) The Thermal Resistance Test specified in appendix D to part 178 of this subchapter.
( e ) *Equipment marking.* The outside surface of a chemical oxygen generator must be marked to indicate the presence of an oxygen generator (e.g., “oxygen generator, chemical”). The outside surface of equipment containing a chemical oxygen generator that is not readily apparent (e.g., a sealed passenger service unit) must be clearly marked to indicate the presence of the oxygen generator (example: “Oxygen Generator Inside”).
( f ) *Items forbidden in air transportation.* ( 1 ) A chemical oxygen generator is forbidden for transportation on board a passenger-carrying aircraft.
( 2 ) A chemical oxygen generator is forbidden for transportation by both passenger-carrying and cargo-only aircraft after: ( i ) The manufacturer's expiration date; or
( ii ) The contents of the generator have been expended.
( g ) *Exceptions.* An unapproved chemical oxygen generator with only one positive means of preventing unintentional actuation of the generator, and without the required approval number marked on the outside of the package, may be transported by motor vehicle, railcar, and cargo vessel only under the following conditions: ( 1 ) *Packaging.* ( i ) The one positive means of preventing unintentional actuation of the generator shall be installed in such a manner that the percussion primer is so completely protected from its firing pin that it cannot be physically actuated or the electric firing circuit is so completely isolated from the electric match that it cannot be electrically actuated.
( ii ) *Inner packaging.* Except as provided in paragraph (g)(1)(iii) of this section below, an unapproved chemical oxygen generator, or unapproved chemical oxygen generator installed in smaller size equipment such as a PBE shall be packaged in a combination packaging consisting of a non-combustible inner packaging that fully encloses the chemical oxygen generator or piece of equipment inside an outer packaging which meets the requirements in paragraph (d)(1) of this section.
( iii ) *Impractical size packaging.* If the piece of equipment in which the unapproved chemical oxygen generator is installed is so large (e.g., an aircraft seat) as to not be practically able to be fully enclosed in the packaging prescribed in paragraph (g)(1)(ii) of this section, then a visible and durable warning tag must be securely attached to the piece of equipment stating “THIS ITEM CONTAINS A CHEMICAL OXYGEN GENERATOR.”
( 2 ) *Testing.* Each unapproved chemical oxygen generator, without its packaging, must be capable of withstanding a 1.8 meter drop onto a rigid, non-resilient, flat and horizontal surface, in the position most likely to cause damage, with no actuation or loss of contents.
( 3 ) *Marking.* ( i ) If the unapproved chemical oxygen generator is inside a piece of equipment which is sealed or difficult to determine if an oxygen generator is present, for example—a closed sealed passenger service unit, then a visible and durable warning sign must be attached to the piece of equipment stating: “THIS ITEM CONTAINS A CHEMICAL OXYGEN GENERATOR”; and
( ii ) Each outer package, and overpack if used, must be visibly and durably marked with the following statement: “THIS PACKAGE IS NOT AUTHORIZED FOR TRANSPORTATION ABOARD AIRCRAFT”.
[72 FR 4455, Jan. 31, 2007, as amended at 72 FR 55097, Sept. 28, 2007; 74 FR 2259, Jan. 14, 2009; 74 FR 53188, Oct. 16, 2009; 76 FR 56316, Sept. 13, 2011; 81 FR 3674, Jan. 21, 2016]