Interpretation Response #11-0017 ([Currie Associates, Inc.] [Mr. John V. Currie])
Below is the interpretation response detail and a list of regulations sections applicable to this response.
Interpretation Response Details
Response Publish Date:
Company Name: Currie Associates, Inc.
Individual Name: Mr. John V. Currie
Location State: NY Country: US
View the Interpretation Document
Response text:
March 8, 2011
Mr. John V. Currie
Currie Associates, Inc.
10 Hunter Brook Lane
Queensbury, NY 12804
Ref. No. 11-0017
Dear Mr. Currie:
This responds to your January 18, 2011 letter regarding exceptions for radiation detectors under § 173.310 of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). Specifically, you are concerned there is no instruction or direct reference to these exceptions in the § 172.101 Hazardous Materials Table (HMT). You also inquire whether these exceptions are intended for domestic use only and whether PHMSA has submitted a proposal to the UN Subcommittee of Experts (UNSCOE) on the Transport of Dangerous Goods to include these exceptions in the UN Model Regulations.
Your understanding is correct. There is neither a "radiation detector" hazardous materials description nor a reference to § 173.310 in the Column 8 packaging authorizations of the HMT. These exceptions were adopted under HM-233A (75 FR 27205; May 14, 2010) to incorporate provisions from special permits suitable for inclusion in the HMR, which applies to the transportation of hazardous material within the United States. We have not submitted a proposal to the UNSCOE to adopt these exceptions. It is the shipper"s responsibility to be aware of any and all provisions for packaging and preparation of gases (see Subpart G of Part 173) that are applicable to the hazardous material being shipped. A shipper can accomplish this by providing employees with a proper training program in accordance with the training requirements in Subpart H of Part 172.
If you believe a rulemaking change is warranted, we invite you to file a petition in accordance with § 106.95 including all information (see § 106.100) needed to support your petition.
I hope this information is helpful. If you have further questions, please contact this office.
Sincerely,
Ben Supko
Acting Chief, Standards Development Branch
Standards and Rulemaking Division
173.310, 172.101
Regulation Sections
| Section | Subject |
|---|---|
| 173.310 | Exceptions for radiation detectors |