{"operation":"document","citation":"05-0044","title":"FedEx Express Corporate Safety Department — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2005-04-26","effective_on":null,"summary":"05-0044 response to FedEx Express Corporate Safety Department concerning 172.400, 173.185.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-05-0044.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-05-0044.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-05-0044","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2005/050044.pdf","body":"<<<PAGE 1>>>\n\n.S. Departmen\nf Transportatior\nWashington, D.C. 20590\n400 Seventh Street, S.W.\nipeline an\nAdministration\nazardous Materials Safel\nAPR 26 2005\nMr. Marvin Sudduth\nRef. No. 05-0044\nFedEx Express Corporate Safety Department\n3670 Hacks Cross Rd.\nBldg G.2nd F1\nMemphis, TV 38125\nDear Mr. Sudduth:\nThis is in response to your letter concerning the use of the Cargo Aircraft Only label for the\ntransportation of primary lithium batteries and cells aboard passenger aircraft in accordance with\nthe requirements in the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) adopted\nunder Docket HM-224E (December 15, 2004). Specifically, you asked whether it is permissible\nto place the \"Cargo Aircraft Only\" label on packages of primary lithium batteries and cells that\nPASSENGER AIRCRAFT\" markings.\ndisplay the \"PRIMARY LITHIUM BATTERIES-FORBIDDEN FOR TRANSPORT ABOARD\nThe answer is yes. Section 173.185 of the HMR as amended by the HM-224E interim final rule,\nstates that the outside of each package that contains a primary (non-rechargeable) lithium battery\nor cell that is forbidden for transport aboard passenger carrying aircraft must be marked\n\"PRIMARY LITHIUM BATTERIES-FORBIDDEN FOR TRANSPORT ABOARD\nPASSENGER AIRCRAFT\". In addition § 172.402 of the HMR requires each person who offers\nfor transportation or transports by aircraft a package containing a hazardous material that is\nauthorized on cargo aircraft only to label the package with a CARGO AIRCRAFT ONLY label.\n\"PRIMARY LITHIUM BATTERIES-FORBIDDEN FOR TRANSPORT ABOARD\nTherefore, the use of the CARGO AIRCRAFT ONLY label may be used in conjunction with the\nPASSENGER AIRCRAFT\" markings. For non-excepted Class 9 primary lithium batteries\ndescription on shipping papers and the package must bear a Class 9 and a Cargo Aircraft Only\noffered for transport by air the words \"Cargo Aircraft Only\" must be entered after the basic\nlabel, and the package must be otherwise marked as required by the HMR\nI hope this information is helpful. Please contact us if you require additional assistance\nSincerely, ;\nJohn A. Gale\nChief, Standards Development\nOffice of Hazardous Materials Standards\n173.185\n050044\n172.400\n\n<<<PAGE 2>>>\n\n3670 Hack's Cross Road\nCorporate Safety\nTelephone 901.434.9556\nBu Iding G, 2nd Floor\nFax 901.434.9769\nMemphis, TN 38125-8800\nBelerford\nFed\n$173.185\nExpress\n$172.400\nLithium Batteries\nFebruary 28, 2005\n05-0044\nMs. Depart Mat ouTransportation\nOffice of Hazardous Materials Standards\nDHM-10\n4007* Sit.,S.W.\nWashington, D.C. 20590\nRe;Request for Letter of Interpretation on the Use of the Cargo Aireraft Only\nLabel on Primary Lithium Battery Shipments\nDear Mr. Mazzullo,\nThe question basically centers around whether there is language in the recently\nAircrad my (Danger HeR or enema later old shipment that the Cargo\nthe following marking?\n\"PRIMARY LITHIUM BATTERIES-FORBIDDEN FOR TRANSPORT ABOARD\nPASSENGER AIRCRAFT\"\nThe impetus behind this question is that FedEx Express has restricted the\nrecognition and packaging inspection verification process for these shipments.\nPart of the FedEx Express process will involve asking shippers of these items to\napply the 'DANGER' label to these shipments.\n\n<<<PAGE 3>>>\n\nLetter of Interpretation Request-Continued\nIn previous conversations with the Hazardous Materials Information Center\n(HMIC) it was determined that there was no language in the Final Interim Rule\nOf HM-224 nor in 172.400 of 49CFR that suggested that the use of the 'Danger'\nlabel with the aforementioned battery shipments would be inconsistent with the\nintent of the regulations.\nto be able to continue our qualification process to be able to accept these types of\nFedEx Express respectfully asks for a formal written clarification of this premise\nshipments.\nThe reply should be forwarded as follows:\nMarvin Sudduth\nFedEx Express Corporate Safety Department\n3670 Hacks Cross Rd.\nBldg G. 2\" FI\nMemphis, Tn 38125\nFor expediency's sake I have included a prepaid FedEx Express Overnight Letter\nand airbill for your use in returning the documentation to me.\nYour prompt attention to this request is greatly appreciated.\nSalteet\nManger date\nDangerous Goods Administration\n901-434-9566\nFedEx Express Corporate Safety Department","truncated":false,"body_characters":4224}