Interpretation Response #05-0174 ([National Electrical Manufacturers Association, (NEMA)] [Mr. Mark Kohorst])
Below is the interpretation response detail and a list of regulations sections applicable to this response.
Interpretation Response Details
Response Publish Date:
Company Name: National Electrical Manufacturers Association, (NEMA)
Individual Name: Mr. Mark Kohorst
Location State: VA Country: US
View the Interpretation Document
Response text:
Aug 17, 2005
Mr. Mark Kohorst Reference No. 05-0174
Senior Manager
Environment, Health and Safety
National Electrical Manufacturers Association, (NEMA)
1300 North 17 Street, Suite 1847
Rosslyn, VA 22209
Dear Mr. Kohorst:
This is in response to your July 19, 2005 letter regarding the applicability of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) to radioactive articles and mercury. You ask for clarification concerning a June 14, 2005 letter (Ref: 05-0086) issued from this office to your company on lamps that contain both mercury and a limited quantity radioactive material. Your scenarios and questions are paraphrased and answered as follows:
Q1. Is the following statement of understanding correct?
“If the lighting product contains mercury and qualifies for the exception from the HMR in § 173.164(b) or (e), we may at our discretion, label each package in such shipment as, “Mercury contained in manufactured articles, UN28C9”; as long as the shipping requirements for multiple hazard, limited quantity, Class 7 provisions in § 173.423 are met.”
Al. Yes, your understanding is correct.
Q2. Is the following statement of understanding correct?
“If the lighting product contains mercury and does not qualify for the exception from the HMR in § 173.164(b) or (e), we must label each package in such shipments as, “Mercury contained in manufactured articles, UN2809”;
as long as the shipping requirements for multiple hazard, limited quantity, Class 7 provisions in § 173.423 are met.”
A2. Yes, your understanding is correct. I hope this information is helpful.
Sincerely,
Susan Gorsky
Acting Director
Office of Hazardous Materials Standards
173.423