Interpretation Response #05-0044 ([FedEx Express Corporate Safety Department] [Mr. Marvin Sudduth ])

Below is the interpretation response detail and a list of regulations sections applicable to this response.

Interpretation Response Details

Response Publish Date: 04/26/2005

Company Name: FedEx Express Corporate Safety Department

Individual Name: Mr. Marvin Sudduth 

Location State: TN Country: US

View the Interpretation Document

Response text:

Apr 26, 2005

Mr. Marvin Sudduth                      Reference No. 05-0044

FedEx Express Corporate Safety Department

3670 Hacks Cross Rd.

Bldg G.2 Fl

Memphis, TN 38125

Dear Mr. Sudduth:

This is in response to your letter concerning the use of the Cargo Aircraft Only label for the transportation of primary lithium batteries and cells aboard passenger aircraft in accordance with the requirements in the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) adopted under Docket HM-224E (December 15, 2004). Specifically, you asked whether it is permissible to place the "Cargo Aircraft Only" label on packages of primary lithium batteries and cells that display the "PRIMARY LITHIUM BATTERIES-FORBIDDEN FOR TRANSPORT ABOARD PASSENGER AIRCRAFT" markings.

The answer is yes. Section 173.185 of the HMR as amended by the HM-224E interim final rule, states that the outside of each package that contains a primary (non-rechargeable) lithium battery or cell that is forbidden for transport aboard passenger carrying aircraft must be marked "PRIMARY LITHIUM BATTERIES-FORBIDDEN FOR TRANSPORT ABOARD PASSENGER. AIRCRAFT". In addition § 172.402 of the HM requires each person who offers for transportation or transports by aircraft a package containing a hazardous material that is authorized on cargo aircraft only to label the package with a CARGO AIRCRAFT ONLY label. Therefore, the use of the CARGO AIRCRAFT ONLY label may be used in conjunction with the "PRIMARY LITHIUM BATTERIES-FORBIDDEN FOR TRANSPORT ABOARD PASSENGER AIRCRAFT" markings. For non-excepted Class 9 primary lithium batteries offered for transport by air the words "Cargo Aircraft Only" must be entered after the basic description on shipping papers and the package must bear a Class 9 and a Cargo Aircraft Only label, and the package must be otherwise marked as required by the HMR.

I hope this information is helpful. Please contact us if you require additional assistance

Sincerely,

John A.  Gale

Chief, Standards Development

Office of Hazardous Materials Standards

173.185, 172.400

Regulation Sections