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Interpretation Response #09-0063 ([Bard Brachytherapy, Inc.] [Mr. Edward A. Zdunek])

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

Interpretation Response Details

Response Publish Date:

Company Name: Bard Brachytherapy, Inc.

Individual Name: Mr. Edward A. Zdunek

Location State: IL Country: US

View the Interpretation Document

Response text:

April 7, 2009



Mr. Edward A. Zdunek

Bard Brachytherapy, Inc.

295 E. Lies Road

Carol Stream, IL 60188

Ref. No. 09-0063

Dear Mr. Zdunek:

This responds to your March 20, 2009 letter requesting clarification of the shipping paper requirements for limited quantities of radioactive materials under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). Your questions are paraphrased and answered below.

Q1: In accordance with §§ 173.421 and 173.422, when offering for transportation "UN2910, RQ, Radioactive material, excepted package-limited quantity of material," are shipping papers required?

A1: The answer is yes. In accordance with § 173.422, "Additional requirements for excepted packages containing Class 7 (radioactive) materials," a Class 7 (radioactive) material that meets the definition of a hazardous substance or a hazardous waste must comply with the shipping paper requirements of subpart C of Part 172. However, in accordance with

§ 173.421(b), a limited quantity of Class 7 (radioactive) material that is also a hazardous substance or hazardous waste is not subject to the provisions in § 172.203(d) or

§ 172.204(c)(4).

Q2: If § 172.203(d) is not required when preparing a shipping paper, would we be required to comply with the quantity requirements in § 172.202(a)(6)?

A2: The answer is yes. Irrespective of the requirements in § 172.203(d), for transportation by aircraft, when preparing a shipping paper for a Class 7 (radioactive) material, the quantity of radioactive material must be shown by activity.

Q3: Does the shipping description of "UN2910, RQ, Radioactive material, excepted package-limited quantity of material, Class 7, I-125 Metal, Solid, Packages X 1" meet the shipping paper activity requirement in § 172.202(a)(6)?

A3: The answer is no. For transportation by aircraft, the quantity of radioactive material must be shown by activity (i.e., the activity of the radioactive per unit mass of the nuclide).

I trust this satisfies your inquiry. Please contact us if we can be of further assistance.


Hattie L. Mitchell

Chief, Regulatory Review and Reinvention

Office of Hazardous Materials Standards

§§ 173.421, 173.422, 172.202April 6, 2009












Regulation Sections

Section Subject
172.202 Description of hazardous material on shipping papers
173.421 Excepted packages for limited quantities of Class 7 (radioactive) materials
173.422 Additional requirements for excepted packages containing Class 7 (radioactive) materials