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Interpretation Response #10-0159 ([Sandia National Laboratories] [Robert Rivera and Monica Ruiz])

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

Interpretation Response Details

Response Publish Date:

Company Name: Sandia National Laboratories

Individual Name: Robert Rivera and Monica Ruiz

Location State: NM Country: US

View the Interpretation Document

Response text:

December 28, 2010




Robert Rivera and Monica Ruiz

Packaging Engineers

Sandia National Laboratories

PO Box 5800

Albuquerque, NM 87185

Reference No. 10-0159

Dear Mr. Rivera and Ms. Ruiz:

This is in response to your e-mail requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to the shipment of packages containing explosives (primary hazard) with an excepted quantity of limited quantity Class 7 (radioactive) material. Specifically, you ask if the HMR require the proper shipping name of the subsidiary hazard as a marking for both domestic and international shipments. You note that the International Air Transport Association (IATA) Dangerous Goods Regulations require that packagings are marked with the proper shipping name for the explosive material as well as the proper shipping name for the radioactive subsidiary hazard.

The answer is no. The International Air Transport Association (IATA) Dangerous Goods Regulations do not have official standing under the HMR. However, the provisions of § 171.23 and § 171.24 of the HMR authorize the use of the International Civil Aviation Organization's (ICAO) Technical Instructions as authorized by the HMR for packaging, marking, labeling, classifying, and describing hazardous materials which are transported by air and by motor vehicle either before or after being transported by air. Special Provision A130 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. Under § 173.423(b) of the HMR limited quantities of radioactive materials are not required to have the subsidiary hazard label placed on the package. A limited quantity Class 7 (radioactive) material, which is classed other than Class 7 is excepted from the requirements of §§ 173.422(a), 172.203(d), and 172.204(c)(4) of the HMR provided the entry "Limited quantity

radioactive material" appears on the shipping paper in association with the basic description. However, there is nothing in the HMR that would preclude you from placing the subsidiary proper shipping name marking on the packaging.

I hope this information is helpful. Please contact this office if you have additional questions.


T. Glenn Foster

Chief, Regulatory Review and Reinvention Branch

Standards and Rulemaking Division

171.23, 171.24

Regulation Sections

Section Subject
171.23 Requirements for specific materials and packagings transported under the ICAO Technical Instructions, IMDG Code, Transport Canada TDG Regulations, or the IAEA Regulations
171.24 Additional requirements for the use of the ICAO Technical Instructions