Interpretation Response #05-0086 ([Manufacturers Association (NEMA)] [Mr. Ron Runkles])

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

Interpretation Response Details

Response Publish Date: 06/14/2005

Company Name: Manufacturers Association (NEMA)

Individual Name: Mr. Ron Runkles

Location State: VA Country: US

View the Interpretation Document

Response text:

Jun 14, 2005

Mr. Ron Runkles                      Reference No. 05-0086
National Electrical
Manufacturers Association (NEMA)
1300 North 17th Street, Suite 1847
Rosslyn, VA 22209

Dear Mr. Runkles:

This is in response to your April 7, 2005 letter regarding the applicability of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) to radioactive articles and mercury. Your questions concern lamps that contain both mercury and a limited quantity radioactive material. Your scenarios and questions are paraphrased and answered as follows:

Q1.     The definition of a radioactive material in § 173.403 applies to a material that contains radionuclides where both the activity concentration and the total activity in time consignment exceed the values specified in the table in §173.436 or values derived according to the instructions in § 173.433. If a limited quantity shipment of radioactive materials is broken down and the remaining containers in the consignment do not exceed the activity limit for the consignment, may the ID markings remain on the packagings?

Al.     The answer is yes. The prohibited marking requirements in § 172.303(a) state that “No person may offer for transportation or transport a package which is marked with the proper shipping name or identification number of a hazardous material unless the packages contains the identified hazardous material or its residue.” Although the total consignment, as described in the above scenario, would not exceed the values specified in the table in § 173.436 or the values derived in accordance with the instructions in § 173.433, the identification marking may remain on the package because it would be considered a residue.

Q2.     Can lighting products that contain both mercury and ionizing radiation be transported as Class 8 Mercury contained in manufactured articles, UN2809, when properly identified as containing radioactive material in accordance with § 173.423, even though the mercury falls within the limits specified in the § 173.164(e) exception for articles or packages?

A2.     The answer is yes. Since exceptions are not mandatory., the proper shipping name “Mercury contained in manufactured articles” may be used to describe the material in accordance with the multiple hazard limited quantity Class 7 provisions in § 173.423.

Q3.     If the answer to Q2 is yes, can the UN 2809 marking be used in lieu of the UN2911 marking at our discretion?

A3.     The answer is yes. If the mercury in your lighting product meets the necessary conditions to qualify for the exception from the HMR in § 173.164(e), it is permissible to ship the lighting product as either “Radioactive material - excepted package, article, UN2911,” or as “Mercury contained in manufactured articles, UN2809.” However, if the lighting product does not meet the necessary conditions to qualify for the exception from the HMR in § 173.164(e), it must be shipped as “Mercury contained in manufactured articles, UN2809.”

Q4.     What training and reporting requirements are applicable to shippers that offer materials described as “Radioactive material, excepted package-instruments or articles, UN2911” under the HMR?

A4.     Except for those exceptions pertaining to labeling, specification packaging, and marking, shippers and. carriers of “Radioactive material, excepted package-instruments or articles, UN29 11” are fully subject to the HMR including the training requirements found in Part 172, Subpart H and the reporting requirements in § § 171.15 and 171.16.

I hope this information is helpful.

Sincerely,

Susan Gorsky
Acting Director Hazardous Materials Standards
Office of Hazardous Materials Standards

173.424

Regulation Sections