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Interpretation Response #08-0213 ([FedEx Express] [Mr. Scott A. Mugno])

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. Scott A. Mugno

Location State: FL Country: US

View the Interpretation Document

Response text:

December 18, 2008

Mr. Scott A. Mugno

Managing Director

Corporate Safety, Health and Fire Prevention

FedEx Express

3670 Hacks Cross Road

Building G, 2nd Floor

Memphis, TN 38125-8800

Ref. No.: 08-0213

Dear Mr. Mugno:

This responds to your August 18, 2008 request for clarification of the incident reporting requirements specified in the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). Specifically, you ask if an immediate notification to the National Response Center (NRC) is required if a package of radioactive material is damaged during transportation but the radioactive material itself has not been released from its inner packaging, which provides shielding, and the damage does not result in radioactive contamination or excessive radiation exposure.

The answer is yes. Section 171.15 requires the person in physical possession of a Class 7 (radioactive) material package to immediately notify the NRC by telephone as soon as practical when fire, breakage, spillage, or suspected radioactive contamination occurs involving a Class 7 (radioactive) material. "Breakage" is clearly differentiated in the HMR from the terms "spillage" and "suspected radioactive contamination" by the use of the word "or." Therefore, if a radioactive material package is broken, even if the inner packagings remain intact, an immediate notification of the NRC is required.

I hope this answers your inquiry.


Charles Betts

Chief, Standards Development

Office of Hazardous Materials Standards

171.15, 177.848

Regulation Sections

Section Subject
171.15 Immediate notice of certain hazardous materials incidents