Interpretation Response #10-0066 ([FedEx Express Corporation] [Mr. David Littlejohn])
Below is the interpretation response detail and a list of regulations sections applicable to this response.
Interpretation Response Details
Response Publish Date:
Company Name: FedEx Express Corporation
Individual Name: Mr. David Littlejohn
Location State: TN Country: US
View the Interpretation Document
Response text:
April 26, 2011
Mr. David Littlejohn
Corporate Safety Advisor
FedEx Express Corporation
3670 Hack Cross Road
Building G, 2nd Floor
Memphis, TN 38125-8800
Reference No. 10-0066
Dear Mr. Littlejohn:
This is in response to your e-mail and conversations with Mr. Shane Kelley and Ms. Eileen Edmonson of this agency"s Standards and Rulemaking Division, formerly the Office of Hazardous Materials Standards, concerning a package that contains "UN 1845, Carbon dioxide, solid (Dry ice), 9 (miscellaneous), PG III" and no other hazardous material. You state the package is prepared for air transportation in conformance with the International Civil Aviation Organization"s Technical Instructions for the Transport of Dangerous Goods by Air (ICAO Technical Instructions). You ask if a shipping paper or alternative paperwork is required and if the latter document would be subject to the shipping paper retention requirements. We apologize for the delay in responding and any inconvenience this may have caused.
Both the ICAO Technical Instructions and the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) (see 49 CFR 173.217(c)) except dry ice from the shipping paper requirements provided alternative written documentation is supplied and certain other requirements are met. Part 7.4.10 of the ICAO Technical Instructions requires operators to retain only the "dangerous goods transport documents" and not alternative documents, such as those prescribed for dry ice packages meeting the conditions prescribed in Packing Instruction 904. A hazardous material that is excepted from the shipping paper requirements under the HMR is also excepted from having to comply with the shipping paper retention requirements prescribed in §§ 172.201(e) and 175.33(c). Neither the HMR nor the ICAO Technical Instructions require retention of documentation when a shipping paper (transport document) is not required.
I hope this satisfies your request.
Sincerely,
T. Glenn Foster
Chief, Regulatory Review and Reinvention Branch
Standards and Rulemaking Division
173.217(c), 172.201(c), 175.33(c)