FedEx Express Corporate Safety Department — Hazardous Materials Safety Interpretation

Page 1.S. Departmen f Transportatior Washington, D.C. 20590 400 Seventh Street, S.W. ipeline an Administration azardous Materials Safel APR 26 2005 Mr. Marvin Sudduth Ref. No. 05-0044 FedEx Express Corporate Safety Department 3670 Hacks Cross Rd. Bldg G.2nd F1 Memphis, TV 38125 Dear Mr. Sudduth: This is in response to your letter concerning the use of the Cargo Aircraft Only label for the transportation of primary lithium batteries and cells aboard passenger aircraft in accordance with the requirements in the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) adopted under Docket HM-224E (December 15, 2004). Specifically, you asked whether it is permissible to place the "Cargo Aircraft Only" label on packages of primary lithium batteries and cells that PASSENGER AIRCRAFT" markings. display the "PRIMARY LITHIUM BATTERIES-FORBIDDEN FOR TRANSPORT ABOARD The answer is yes. Section 173.185 of the HMR as amended by the HM-224E interim final rule, states that the outside of each package that contains a primary (non-rechargeable) lithium battery or cell that is forbidden for transport aboard passenger carrying aircraft must be marked "PRIMARY LITHIUM BATTERIES-FORBIDDEN FOR TRANSPORT ABOARD PASSENGER AIRCRAFT". In addition § 172.402 of the HMR requires each person who offers for transportation or transports by aircraft a package containing a hazardous material that is authorized on cargo aircraft only to label the package with a CARGO AIRCRAFT ONLY label. "PRIMARY LITHIUM BATTERIES-FORBIDDEN FOR TRANSPORT ABOARD Therefore, the use of the CARGO AIRCRAFT ONLY label may be used in conjunction with the PASSENGER AIRCRAFT" markings. For non-excepted Class 9 primary lithium batteries description on shipping papers and the package must bear a Class 9 and a Cargo Aircraft Only offered for transport by air the words "Cargo Aircraft Only" must be entered after the basic label, and the package must be otherwise marked as required by the HMR I hope this information is helpful. Please contact us if you require additional assistance Sincerely, ; John A. Gale Chief, Standards Development Office of Hazardous Materials Standards 173.185 050044 172.400#

Page 23670 Hack's Cross Road Corporate Safety Telephone 901.434.9556 Bu Iding G, 2nd Floor Fax 901.434.9769 Memphis, TN 38125-8800 Belerford Fed $173.185 Express $172.400 Lithium Batteries February 28, 2005 05-0044 Ms. Depart Mat ouTransportation Office of Hazardous Materials Standards DHM-10 4007* Sit.,S.W. Washington, D.C. 20590 Re;Request for Letter of Interpretation on the Use of the Cargo Aireraft Only Label on Primary Lithium Battery Shipments Dear Mr. Mazzullo, The question basically centers around whether there is language in the recently Aircrad my (Danger HeR or enema later old shipment that the Cargo the following marking? "PRIMARY LITHIUM BATTERIES-FORBIDDEN FOR TRANSPORT ABOARD PASSENGER AIRCRAFT" The impetus behind this question is that FedEx Express has restricted the recognition and packaging inspection verification process for these shipments. Part of the FedEx Express process will involve asking shippers of these items to apply the 'DANGER' label to these shipments.#

Page 3Letter of Interpretation Request-Continued In previous conversations with the Hazardous Materials Information Center (HMIC) it was determined that there was no language in the Final Interim Rule Of HM-224 nor in 172.400 of 49CFR that suggested that the use of the 'Danger' label with the aforementioned battery shipments would be inconsistent with the intent of the regulations. to be able to continue our qualification process to be able to accept these types of FedEx Express respectfully asks for a formal written clarification of this premise shipments. The reply should be forwarded as follows: Marvin Sudduth FedEx Express Corporate Safety Department 3670 Hacks Cross Rd. Bldg G. 2" FI Memphis, Tn 38125 For expediency's sake I have included a prepaid FedEx Express Overnight Letter and airbill for your use in returning the documentation to me. Your prompt attention to this request is greatly appreciated. Salteet Manger date Dangerous Goods Administration 901-434-9566 FedEx Express Corporate Safety Department#