Interpretation Response #05-0029 ([Manufacturers Association (NEMA)] [Mr. Ric Erdheim])
Below is the interpretation response detail and a list of regulations sections applicable to this response.
Interpretation Response Details
Response Publish Date:
Company Name: Manufacturers Association (NEMA)
Individual Name: Mr. Ric Erdheim
Location State: VA Country: US
View the Interpretation Document
Response text:
Mar 9, 2005
Mr. Ric Erdheim Reference No. 05-0029
National Electrical
Manufacturers Association (NEMA)
Suite 1847
1300 North 17th Street
Rosslyn, VA 22209
Dear Mr. Erdheim:
This is in response to your January 28, 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 limited quantity radioactive materials. Your scenarios and questions are paraphrased and answered as follows:
Q1. Is an excepted package for a radioactive article subject to the multiple hazard limited quantity requirements in § 173.423 if the package contains less than a pound of mercury and is transported by highway?
Al. No. As indicated by the letter “A” in Column. 1 of the Hazardous Materials Table (HMT), “Mercury contained in manufactured articles”, UN 2809, is subject to the HMR when transported by aircraft. It is regulated by highway only when it meets the definition in § 171.8 for a hazardous substance or hazardous waste. Mercury has an RQ of one pound. Therefore, since your package contains less than one pound of mercury and is not a hazardous waste, it is only subject to the HMR for the radioactive material.
Q2. Is an excepted package for a radioactive article subject to the multiple hazard limited quantity requirements in § 173.423 if it has a presence of mercury with a net weight of less than 100 mg per article and one gram per package for an air shipment?
A2. No. A package containing the amount of mercury described is not subject to HMR (see § 173.164(b)). Therefore, your package is only subject to the HMR for the radioactive material.
I hope this information is helpful.
Sincerely,
Hattie L. Mitchell, Chief
Regulatory Review and Reinvention
Office of Hazardous Materials Standards
173.423