FedEx Express — Hazardous Materials Safety Interpretation

Page 1U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration 1200 New Jersey Avenue, SE Washington, D.C. 20590 NOV 3 0 2307 Mr. Thomas J. Leech, I11 FedEx Express 3670 Hacks Cross Road Building G, 2nd Floor Memphis, TN 38125-8800 Ref. No.: 07-01 57 Ref. No.: 07-01 57 Dear Mr. Leech: This responds to your letter dated August 10,2007, regarding the acceptability under the Hazardous Materials Regulations (HMR; 49 CFR 171 -1 80), specifically $5 172.304 and 172.406, of various methods used to affix markings and labels to packages. You enclosed a number of FedEx shipping pouches intended to be affixed to the surface of a package, and one shipping pouch attached to a tag which would be affixed to luggage or a canying case. Your questions are paraphrased and answered as follows: 1. May a documentation pouch with an adhesive backing be used to affix a marking or label contained therein to a package? As specified in $ 172.304, markings must be durable, in English, and printed on or affixed to the surface of a package or on a label, tag, or sign. The marking must be displayed on a sharply contrasting background, unobscured by labels or attachments, and located away from any other marking that could substantially reduce its effectiveness. These requirements are basically performance standards. Use of a pouch attached by adhesive to a package, or to a tag which is then attached to the package, is an acceptable means of displaying and affixing the markings, assuming the aforementioned performance standards are met. For labels, $ 172.406 requires, in part, that the label be printed on or affixed to a surface of the package, be clearly visible, and not be obscured by markings or attachments. In the same manner as for markings, a pouch may be used to affix the label to a package. In addition, under the provisions of 5 172.407, labels must meet specific durability, weather resistance and color requirements.#

Page 22. 3. May a packing list, containing a marking or label printed on a sheet of paper, be used to affix the marking or label to a package? Markings and labels may be displayed along with other information such as that contained on a packing list, if the other information does not reduce the effectiveness of the required information and other performance standards for displaying and affixing the markings and labels are met. With regard to labels printed on paper, it may be difficult to meet the durability and color requirements of !j 172.407. May markings and labels typed or printed on a sheet of paper be affixed to a package with clear tape? You did not provide an example of how the tape would be used to attach the sheet of paper to the package, nor indicate the quality of the paper. Considering the lack of tear and moisture resistance of unprotected ordinary paper, a piece of paper may not be sufficiently durable, depending on the conditions of transport. As indicated above, with regard to labels printed on paper it may be difficult to meet the durability and color requirements of 9 172.407. With regard to the examples of pouches and markings you provided, the backing of each pouch is fully covered with adhesive, suggesting it would be firmly affixed to the surface of the package. Most of the pouches had sealable flaps for inserting their contents; flaps should be sealed to prevent the required information fiom falling out during transport, in which case we would find these examples of pouches and markings acceptable. I hope this information is helpful. If we can be of further assistance, please contact us. Sincerely, 6 ' 7 " ~ # Edward T. Mazzullo Director, Office of Hazardous Materials Standards#

Page 3Corporate Safety Telephone 901.434.9556 3670 Hacks Cross Road Fax 901.434.9769 Bu~ldlng C. 2nd Floor Express August 10,2007 Mr. John Gale, Chief Office of Hazardous Materials Standards U.S. DOTIPHMSA (PHH-10) 1200 New Jersey Avenue, SE East Bldg, 2" Floor Washington, D.C. 20590 Subject: Marking and Labeling Requirements under 49 CFR 172.304 and 172.407 FedEx Express would like your interpretation of the marking and labeling requirements under 49 CFR 172.304 and 172.407. We would like a detailed explanation of what is considered durable markindlabeling and what types of materials would be considered suitable to meet the "affixed to the surface of a package" provisions. Here are a few scenarios for your consideration: Can a documentation pouch with an adhesive peel off backing containing an approved marking/label printed on a sheet of paper inside the pouch be used to affix the markindlabel on a package? I am enclosing FedEx shipping pouches with example markings and labels inside them for your review. Can a packing list containing an approved markindlabel printed on a sheet of paper inside the pouch be used to affix the markindlabel? Can markings and labels typed or printed on a sheet of paper be affixed to the package with clear tape? Nothing in the regulations indicates that the markings and labels must be permanently affixed to the package. It is possible that a pouch or packing list could be snagged and tom off during transit. Do you have any examples of what materials used to affix markings and labels that would be prohibited or approved? Thanks in advance for your guidance related to this issue. Please contact me at 901-434-9846 if you have any questions related to this inquiry. Sincerely, Thomas J. Leech, I11 Sr. Safety Specialist Dangerous Goods Administration FedEx Express Enclosures#

Page 4Shipper's Declaration not Required L Air wavbills must have the followinp: - Part B is Required 1. "Dangerous goods - Shipper's Declaration Dry ice amount must be in not required". kilograms 2. Dry lce;S;UN1845 3. 1 x 10 Kg Ill Note 2.2 Ibs. = 1 kg. A (Number pkgs) (wt) SHIPPER'S NAME & ADDRESS Frederick Falls 3875 Airways Blvd memphis, TN 381 16 V CONSIGNEE~S NAME ADDRESS Wendy K. McNamara 30 FedEx Parkway Collierville, TN 38017#

Page 5Biological Substance, Category B UN3373#

Page 6To: Jeff McElroy 72 South Fork drive Dallas, TX 761 1 1 Consunler Commodity I ORM-D-AIR 1#

Page 7DO NOT PUP AS DG This package MUST be inspected by the origin location Dangerous Goods Specialist. M1W95 REV 51D5 MW1 ..................................................................................................................................................................................... . APPLY LABELTO SMALL PACKAGES BY WRAPPING AROUND CORNER OF PACKAGE ONTHE DOTTED LINE PRIMARY LITHIUM BATTERIES -- FORBIDDEN FOR TRANSPORT#

Page 8A DANGEROUS GOODS IN EXCEPTED QUANTITIES 1 I This package contains dangerous goods in excepted small quantities and is in all respects in compliance with the applicable international and national government regulations and the IATA Dangerous Goods i I Regulations. Signature of Shipper I Title Date I i Name and Address of Shipper I I I This package contains substance(s) in Class(es) I I (Check appropriate boxes) I I I I I Class 2 3 4 5 6 8 9 I I#

Page 9This pouch is resealable: Iu C A r u a C kumea~wt n c t b t L V C L,,lEn . u,*a'a >,,,*A, ,"V AUL -*- a s ~ l n n o n 3 u ~ I S ~ H O V 3SOdX3 or TO EXPOSE AOHESIVE,. .RE~vE.LINER >.- . 01 . ~QEXPGSI. ESlVE REMO~E dNER H3N1.73AON3H 3AIS3H0V 3SQdX3 01 ,, - . - - A ._ I I, "' "' TO'E~POSE AOUE~YE ~ ~ k & c t @ ~ ~ ii!' @.gqll 3 ~ ~ 4 3 ~ 3 h i ~ ! ~ ~ ~ ~ d ~ b'3NI' 3AOYV3H 3AIS3HOVBSOdX3 01 TO EXPOSE ADHi JIVE / , 83~17 4 4 0 ~ 3 ~ 3 , ~ & & & Q ~ X TO ExFOSI C C I ~ , C D T I . i L C D was. n a n r i ~ a u a~lcaurrw a c n ~ u ~ nl 't t#