Interpretation Response #02-0165 ([Eastern Isotopes, Inc.] [Jim Kostka])
Below is the interpretation response detail and a list of regulations sections applicable to this response.
Interpretation Response Details
Response Publish Date:
Company Name: Eastern Isotopes, Inc.
Individual Name: Jim Kostka
Location State: VA Country: US
View the Interpretation Document
Response text:
Sep 26, 2002
Mr. Jim Kostka Reference No. 02-0165
Compliance Assistant
Eastern Isotopes, Inc.
P.O. Box 1096
Ashburn, Virginia 20146
Dear W. Kostka:
This is in response to your May 31, 2002, letter requesting clarification regarding the documentation requirements for Radioactive Material, Excepted Package, and Empty Packaging.
In Docket HM-230 (67 FR 21327; April 30, 2002) Section 173.422 states, consistent with the new marking provisions for excepted packages containing radioactive materials in TS-R-1, we propose to eliminate the requirements in § 173.422(a) for a certification statement for such packages. In addition, in §§ 173.422 and 173.428 we are proposing to add the requirement that excepted package-empty package or empty packaging be marked with the UN identification number.
The International Air Transport Association (IATA) standards do not have official standing under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180); however, the International Civil Aviation Organizations (ICAO) Technical Instructions do have official standing.
Section 171.11 of the HER authorizes the use of the ICAO Technical Instructions in lieu of the HER for packaging, marking, labeling, classifying, and describing hazardous materials which are transportation by air or by motor vehicle either before or after being transported by air. Part 2; paragraph 7.9.6 of the ICAO Technical Instructions states that, an empty packaging which had previously contained radioactive material may be transported as an excepted package.
In addition, Part 3; Special Provision Al30 of the ICAO Technical Instructions requires that when this material meets the definitions and criteria of other classes or divisions, it must be classed in accordance with the predominant subsidiary risk. Such material must be declared under the proper shipping name and UN number appropriate for the material in that predominant Class or division, with the addition of the name applicable to this radioactive material, and must be transported in accordance with provisions applicable to that UN number.
I hope this information is helpful. Please contact us if you require additional assistance.
Sincerely,
Deller F. Billings
Chief, Standards Development
Office of Hazardous Materials Standards
173.422