FedEx Express — Hazardous Materials Safety Interpretation

Page 1.S. Departmer f Transportatio 400 Seventh Street, S.W. Washington, D.C. 20590 JUL 3 1 2006 Dangerous Goods Administration Mr. Thomas J. Leech, III Ref. No. 06-0156 3670 Hacks Cross Rd. FedEx Express Building G, 2n° Floor Memphis, TN 38125-9900 Dear Mr. Leech; Regulations (HMR; 49 CFR Parts 171-180) pertaining to the Hazardous Material Incident This is in response to your letter requesting clarification of the Hazardous Materials Report Form (DOT F 5800.1). You asked for clarification of Item 27 of the form regarding the appropriate figures to be entered for "Package Capacity" and "Arount in the Package." Specifically, you ask whether "Package Capacity" refers to the design capacity of the outer package or the capacity of the inner packages, and if there is no ntered in place of the package capacity. You also asked whether the actual number o apacity marking on the package, whether the amount of hazardous materials should b inner packages being shipped should be entered, or whether the entry should represent the capacity of the outer package. As described in the "Guide for Preparing Hazardous Materials Incident Reports," under be indicated by units of measurement (liter, gallons, pounds, etc.). If the packages do not 171.16 060156#

Page 2have the marked capacity, you must make that determination for purposes of completing the incident report form. For a non-bulk, IBC, or non-specification packaging, Item 26B would be filled in if the marking is incomplete, destroyed, or unknown. "Amount in Package" means the actual amount of hazardous materials in the package. "Number in Shipment" means the total number of packages, both failed and unaffected, that were being transported. Continuing with the above example, the entry for the outer package column would be five and the entry for the inner package column would be 20. "Number Failed" means the number of packages that were damaged or otherwise failed. Still using the above example, if two inner packages in the same outer package failed, the entry for the outer package column would be one and the entry for the inner package column would be two. I hope this information is helpful. Please contact this office should you have additional questions. Sincerely, Hattie L. Mitchell Chief, Regulatory Review and Reinvention Office of Hazardous Materials Standards#

Page 3MEnture 3670 Hacks Cross Road Corporate Safety Telephone 901.434.9556 Buildirg G, 2nd Floor Fax 901.434.9769 3171.16 Merh s, TN 38125-8800 Fedix. Am Incident Reports Express 06-0156 July 10, 2006 Mr. Edward T. Mazzullo Director, Office of Hazardous Materials Standards 400 7th Street S.W. U.S. DOT/PHMSA (PHH-10) Washington, D.C. 20590-0001 RE: Hazardous Materials Incident Report - Request for Clarification Dear Mr. Mazzullo: quantity elements of the Hazardous Material Incident Report (Form DOT F 5800.1-2004). I would like to request clarification regarding the completion of the package capacity and tem 27 requests information on the Package Capacity for a Single Package or Outer Packag nd for a Single Package or Inner Packaging. Is the Package Capacity the package desig capacity where available (e.g. a UN 4G/X145/S/...) or the capacity of the containers in the 16L? Also, what value for Package Capacity is required if the package does not have the package (e.g. 1 Fibreboard box × 16 L). In this example, is the Package Capacity 145 kg or required UN Specification Markings? In other words, if we know the package contains 16L, Capacity and for the Amount in the Package? but do not know the package design capacity, should we indicate 16L for the Package For Inner Packaging, is the Package Capacity based on the number of inner containers that containers in three slots in the box), or the package design capacity (e.g. a UN can be loaded (e.g. contains four slots for four 1L containers, but only has three 1L 4G/X145/S/...)? In this example, is the Package Capacity 145 kg or 4L? and not just the package involved in the incident (e.g. 10 packages shipped and 1 failed). It appears that the Number in Shipment is referring to the total number of packages shipped Although the other 9 packages were not affected or damaged, is the intent of the report to list all packages sent with the consignment? If that is the intent, then for an Inner Package, should the shipment list the total number of inner containers in the entire shipment or just the number in the affected shipment (e.g. 10 outer packages with 4 x 1L in each ard one of those packages with 2 damaged containers inside)? In this example, is the Number in Shipment 40 or 4?#

Page 4Page Two Hazardous Materials Incident Report - Request for Clarification Thanks in advance for clearing up this matter. Please contact me at 901.434.9846 if you have any questions related to this inquiry. Sincerely, Thomas. Leeck Is Sr. Safety Specialist Thomas J. Leech, III 901.434.9846 Dangerous Goods Administration 901.434.9769 (fax) tileech@fedex.com#