FedEx Express — Hazardous Materials Safety Interpretation

Page 1of Transportation U.S. Department Washington, D.C. 20590 400 Seventh Street, S.W. Pipeline and Hazardou Materials Safety Administratiol APR 3 2007 Mr. Marvin A. Sudduth Ref. No.: 07-0054 FedEx Express Corporate Safety 3670 Hacks Cross Road Building G, 2nd Floor Memphis, TN 38125-8800 Dear Mr. Sudduth: This is in response to your February 27, 2007 letter regarding training requirements for offerors of hazardous materials shipped under the small quantity exception in § 173.4 of the Hazardous requirements in Part 172, Subpart H apply when offering hazardous materials for transportation Materials Regulations (HMR; 49 CFR Parts 171-180). Specifically you ask if the training under § 173.4. The answer is no. Materials that meet the requirements of § 173.4 are not subject to any other requirements of the HMR. Therefore, persons who ship hazardous materials under the provisions of § 173.4 are not subject to the training requirements of Part 172, Subpart H. Although training and recordkeeping are not required under Part 172, Subpart H, a person who offers small quantity shipments is responsible for properly classifying the material, determining that the material may be shipped as a small quantity and otherwise ensuring compliance with the provisions of § 173.4. Thus, persons who ship hazardous materials under the small quantity exception will find it necessary to acquire the basic knowledge necessary to understand the provisions in § 173.4 and the provisions applicable to classifying the hazardous material they I hope this information is helpful. If you have further questions, please do not hesitate to contact this office. Hattie L. Mitchell Office of Hazardous Materials Standards Chief, Regulatory Review and Reinvention 172. Subpart H 173.4f 070054#

Page 2Corporate Saiery Buiding G. 2ª Floor 3670 Hacks CrisiRosd Telephene 00i 414.0556 Pollack FedEs: 3172.704 Express $173.4 Training February 27, 2007 07-0054 John A. Gale Chief, Standards Development 400 7* Street S.W. DHM10 Office of Hazardous Materials Standards Washington. D.C. 20590-0001 Dear Mr. Gale: I am requesting a formal clarification regarding the training requirements for shipments offered under 49CFR 173.4 (small quantities). I contend that the clarification issued under interpretation issue under Reference # 05-0283. My concern falls under a question of Reference # 02-0237 is directly opposed to the training requirement of Part 172.704 and the comply with the formal training requirements of Subpart H in 172. how would an individual qualification of commodities classified under 173.4. If an individual is not required to accurately classify, package and identify commodities that could meet the standards of I submit that one who classifies a commodity under a 173.4 exception and thus offers the consignment for transit (in this case an air carrier) is also operating as a "hazmat employee": therefore. a training requirement would be necessary. Thank you for your attention to this matter. Took forward to hearing from you. Sincerely (Marvin A. Sudduth Manager 901.434.9566 Dangerous Goods Administration/ADFWP 901.434.9769 (fax) masudduth@.ledox.com#