FedEx Freight — Hazardous Materials Safety Interpretation

Page 1U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration NOV 3a 2010 1200 New Jersey Ave, SE Washington, D.C. 20590 Ms. Sandra Richesin Safety Compliance Administrator FedEx Freight P.O. Box 840 Harrison, AR 72602-0840 Reference No. 10-0139 Dear Ms. Richensin: This is in response to your July 1,2010 letter and July 22,2010 telephone conversation with a member of my staff requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to shipping papers. Specifically, you ask whether the shipping paper you submitted describing two cartons containing 850 cubic centimeters (0.22 gallons) or less of "UN 2796, Battery fluid, acid, 8, Packing Group (PG) iI, Limited Quantity" complies with the HMR. You state each completed package consists of one crate that contains one carton of battery fluid and one motorcycle. You also state these materials are described on an accompanying shipping paper but are packaged in such a manner that the presence of the battery acid in the package would not be known without the shipping paper description. It is the opinion of this Office that the shipping paper you submitted does not fully comply with the HMR. The shipping paper you submitted does not properly indicate each carton of limited quantity battery acid is within a combination package that consists of a crate as the outer packaging (see § 173.154). The HMR require that the number and type of package must also be indicated (see § 172.202(a)(7». The shipping paper you submitted includes the number "10" in the entry for battery acid. You explain this represents the total weight of the battery fluid as 10 pounds. The HMR require a total quantity, including unit of measure by net or gross mass, capacity, or as otherwise appropriate, for each hazardous material described on a shipping paper (see § 172.202(a)(5»). Although the cubic centimeter amounts provided for the battery fluid on this shipping paper satisfy this requirement, the 10 pound entry is another total quantity for the battery fluid description. Therefore, this Office recommends that this shipping paper entry include a "pound" unit of measure to assist with making it easily decipherable for purposes of emergency response. Also, please note the HMR require the outside of a non-bulk package containing a hazardous material liq uid to be properl y marked with the directional arrows package marking in the correct orientation, as prescribed in § 172.312(a)(2). The HMR also except a limited quantity packaging#

Page 2from having to be marked with the proper shipping name provided the package is marked with the correct identification number, in this instance "UN 2796," that is placed within a square-on-point border, as prescribed in § 172.315. I hope this satisfies your request. Sincerely, ~#k~~::--- T. Glenn Foster Chief, Regulatory Review and Reinvention Standards and Rulemaking Division 2#

Page 3Jul. 1. 2010 3:17PM FEDEX FREIGHT East No. 1806 P. 1 p.o, Bo~ 840 2200 ~orwa(d DrivB TelephoM 1810741.9000 Hsrrisan.1\R 7260H840 Harrison, AR 72601 Tull-frn 1800,8744723 F8~ 1,870.141,3003 t.elm()h S60CV) ~ 172. .202 FecEx. ~ 17L-- 263 Freight ~ffiJ?c( t6.per~ JO-OJ:!3Cj" July 1,2010 Hattie L. Mitchell, Chief Regulatory Review and Reinvention Office of Hazardous Materials Standards 1200 New Jersey Avenue, SE Washington. DC 20590 Dear Chief Mitchell, Enclosed please find a copy of a shipping paper which some clarification is being requested on whether it meets the requirements ofthe regulations. Each carton containing the hazardous material, battery fluid, is inside a crate containing one ofthe motorcycles listed. The carton of hazardous material is not visible when looking at the crate. I appreciate your time in reviewing this and look forward to your response. Sincerely. ~ct~cQ~ Sandra Richesin, DER Safety Compliance Administrator#

Page 4Jul. 1. 2010c 3: 17PMeRIFEDEX FREIGHT EastECIAL MARKS AND EXCEPTIONS •No. 1806-1 ITEM MODEL/SPEC/COLOR CODE COLOR QTY. CORR BUR TO UTE comi check DATTERY FLUID, ACID, 9. UN2796, PGLI.. - TD? OTY. iE0O TTL EE, LESS THAN B5OCE IN EACH OF • 2 CARTONE 10 EMENDENCY CONTACT: CHEMTREC 2-800-424-9300 | ANY FREIGHT PREPAID *## 1 93500FK9 GRY DREY 005246 VTTGMS1A592102531 612 2: 06500FK9 WHT WHITE 1 005131 VTTOMS1A992102404 662 21908384 00402P / 219083851M00402PW / FOTAL OTV. TOTAL WEIGH 1234. LOAD # 61679 tableto! SPECTAL INSTRUCTIONS LOS without per The carte Outra tae I charpos ero le be propmie ande en alamo nero, To be - PREPATO Reed 6. argas on me procent, described harron TRUCKLIME PERSON CONTACTED DAte LAST DO DR PAU SHIPPER, AGENT, PEA PENNET EY OFFERE ITL HAP URN HISHKAY, P.O. BOX 1100 WAREHOUSE#