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Interpretation Response #09-0047 ([FedEx Express] [Mr. Marvin A. Sudduth])

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

Individual Name: Mr. Marvin A. Sudduth

Location State: TN Country: US

View the Interpretation Document

Response text:

April 23, 2009




Mr. Marvin A Sudduth
Fed Ex Express
3670 Hacks Cross Road
Building G, 2nd Floor
Memphis, TN 38125-8800

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 prohibit 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 § 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.


Charles E. Betts
Chief, Standards Development
Office of Hazardous Materials Standards

172.102(c), 175.10, 173.185

Regulation Sections

Section Subject
173.185 Lithium cells and batteries