FedEx Express — Hazardous Materials Safety Interpretation

Page 1U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration 1200 New Jersey Awe, S.E. Washington, D.C. 20590 Mr. Marvin A Sudduth Fed Ex Express 3670 Hacks Cross Road Building G, 2nd Floor Memphis, TN 38 125-8800 Ref. No.: 09-0047 Dear Mr. Sudduth: This is in response to your March 2,2009 letter requesting information on the regulatory requirements applicable to a lithium battery-powered package tracking device designed to continuously monitor high value cargo while in transportation. Specifically you ask if this device may be placed into a package and transported aboard an aircraft while the electronic device is in an operational mode. The Hazardous Material Regulations (HMR; 49 CFR Parts 171 - 180) do not prohtbit the transport of a battery-powered device in an operational mode provided the device is packaged to prevent sparks and the evolution of a dangerous quantity of heat. Provided the lithium battery contained in the package tracking device meets all of the applicable requirements of 5 172.102(c), Special Provision 188, the device is not subject to any other requirements of the HMR by any mode of transportation, including aircraft. You should note the Federal Aviation Administration (FAA) prescribes additional requirements for portable electronic devices aboard aircraft and may require evidence that this device will not cause interference with the navigation or communication system of the aircraft on which it is to be used. For further assistance, you may contact Mr. Terry Pearsall of the FAA General Aviation & Avionics Branch (AFS-350) by phone at (202) 385-6432. I trust this satisfies your inquiry. If we can be of further assistance, please contact us. Sincerely, &s E. Betts Chief, Standards Development Office of Hazardous Materials Standards#

Page 2- Corporate Safety Telephone 901.434.9556 3670 Hacks Cross Road Fax 901.434.9769 Building G. 2nd Floor Memphis. TN 38125-8800 Express March 2,2009 Mr. Edward Mazzullo Director Ofice of Hazardous Materials Standards Pipeline and Hazardous Materials Safety Administration U. S. Department of Transportation Re:Request for Interpretation Regarding In flight Operation of a Lithium Battery Powered Package Tracking Device Dear Mr.Mazzullo, The purpose of this communication is to request an interpretation on whether a service enhancement being initiated by FedEx Express could be in conflict with standing regulatory restrictions regarding in flight operation of a sensor device containing a cell phone. FedEx Express is preparing to initiate a new service enhancement later this year called Smartpackage. This enchancement's purpose is to be able to create a sensor network and the infrastructure to support high value packages for a continued monitored service. This project is currently being developed for a September rollout. This service will be available to customers that have either an environmental or security requirement that drives the need for additional tracking information for their package. FedEx Express customers utilizing this service will place sensor devices into selected packages offered to us for transportation.#

Page 3Request for Interpretation Page 2. The aforementioned sensor device will be powered by lithium ion batteries and the device is designed to be shipped in an 'on' position to preserve the integrity of the environmental and location indices that the device is designed to track. The device will contain a cell phone but it will not be in a transmission mode during flight . The procedure as described is designed not to violate standing regulatory requirements regarding in flight radio transmissions that could interfere with avionics equipment aboard an aircraft. The regulatory reference is FAR 12 1.306. FedEx Express is requesting an interpretation to state that if the inflight operation of this device will not interfere with aircraR avionics then it would be consistent with standing regulatory restrictions to be able to have this device operational during normal flight activity. If there are any additional questions that you may have or information on the devices themselves that you require then please do not hesitate to contact me. ~ a k a ~ e r Dangerous Goods Administration FedEx Express Corporate Safety Department 90 1-434-9566#