{"operation":"document","citation":"09-0047","title":"FedEx Express — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2009-04-23","effective_on":null,"summary":"09-0047 response to FedEx Express concerning 173.185.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-09-0047.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-09-0047.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-09-0047","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2009/090047.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department of Transportation Pipeline and Hazardous Materials\nSafety Administration\n1200 New Jersey Awe, S.E.\nWashington, D.C. 20590\nMr. Marvin A Sudduth\nFed Ex Express\n3670 Hacks Cross Road\nBuilding G, 2nd Floor\nMemphis, TN 38 125-8800\nRef. No.: 09-0047\nDear Mr. Sudduth:\nThis is in response to your March 2,2009 letter requesting information on the regulatory\nrequirements applicable to a lithium battery-powered package tracking device designed to\ncontinuously monitor high value cargo while in transportation. Specifically you ask if this\ndevice may be placed into a package and transported aboard an aircraft while the electronic\ndevice is in an operational mode.\nThe Hazardous Material Regulations (HMR; 49 CFR Parts 171 - 180) do not prohtbit the\ntransport of a battery-powered device in an operational mode provided the device is\npackaged to prevent sparks and the evolution of a dangerous quantity of heat. Provided the\nlithium battery contained in the package tracking device meets all of the applicable\nrequirements of 5 172.102(c), Special Provision 188, the device is not subject to any other\nrequirements of the HMR by any mode of transportation, including aircraft. You should note\nthe Federal Aviation Administration (FAA) prescribes additional requirements for portable\nelectronic devices aboard aircraft and may require evidence that this device will not cause\ninterference with the navigation or communication system of the aircraft on which it is to be\nused. For further assistance, you may contact Mr. Terry Pearsall of the FAA General\nAviation & Avionics Branch (AFS-350) by phone at (202) 385-6432.\nI trust this satisfies your inquiry. If we can be of further assistance, please contact us.\nSincerely,\n&s E. Betts\nChief, Standards Development\nOffice of Hazardous Materials Standards\n\n<<<PAGE 2>>>\n\n-\nCorporate Safety Telephone 901.434.9556\n3670 Hacks Cross Road Fax 901.434.9769\nBuilding G. 2nd Floor\nMemphis. TN 38125-8800\nExpress\nMarch 2,2009\nMr. Edward Mazzullo\nDirector\nOfice of Hazardous Materials Standards\nPipeline and Hazardous Materials Safety Administration\nU. S. Department of Transportation\nRe:Request for Interpretation Regarding In flight Operation of a Lithium\nBattery Powered Package Tracking Device\nDear Mr.Mazzullo,\nThe purpose of this communication is to request an interpretation on\nwhether a service enhancement being initiated by FedEx Express could be in\nconflict with standing regulatory restrictions regarding in flight operation of a\nsensor device containing a cell phone.\nFedEx Express is preparing to initiate a new service enhancement later\nthis year called Smartpackage.\nThis enchancement's purpose is to be able to create a sensor network and\nthe infrastructure to support high value packages for a continued monitored service.\nThis project is currently being developed for a September rollout.\nThis service will be available to customers that have either an\nenvironmental or security requirement that drives the need for\nadditional tracking information for their package.\nFedEx Express customers utilizing this service will place sensor devices\ninto selected packages offered to us for transportation.\n\n<<<PAGE 3>>>\n\nRequest for Interpretation\nPage 2.\nThe aforementioned sensor device will be powered by lithium ion\nbatteries and the device is designed to be shipped in an 'on' position\nto preserve the integrity of the environmental and location indices that\nthe device is designed to track.\nThe device will contain a cell phone but it will not be in a\ntransmission mode during flight .\nThe procedure as described is designed not to violate standing\nregulatory requirements regarding in flight radio transmissions that\ncould interfere\nwith avionics equipment aboard an aircraft.\nThe regulatory reference is FAR 12 1.306.\nFedEx Express is requesting an interpretation to state that if the\ninflight operation of this device will not interfere with aircraR\navionics then\nit would be consistent with standing regulatory restrictions to be able\nto have this device operational during normal flight activity.\nIf there are any additional questions that you may have or information\non the devices themselves that you require then please do not hesitate\nto contact me.\n~ a k a ~ e r\nDangerous Goods Administration\nFedEx Express Corporate Safety Department\n90 1-434-9566","truncated":false,"body_characters":4335}