Interpretation Response #11-0221 ([Mr. Denis Jacques])

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

Interpretation Response Details

Response Publish Date: 04/20/2012

Company Name:

Individual Name: Mr. Denis Jacques

Location State: CT Country: US

View the Interpretation Document

Response text:

April 20, 2012

Mr. Denis Jacques
145 Fort Shantok Rd.
Uncasville, CT 06382

Ref. No: 11-0221

Dear Mr. Jacques:

This is in response to your request for clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to the marking and labeling requirements for overpacks containing excepted packages of radioactive instruments and articles. Specifically, you cite Answer 2 (A2) in our interpretation letter #09-0235 dated January 8, 2010, and ask whether the sections referenced in that answer (§§ 173.448(g), 172.403(h) and 173.25(a)) apply to a package that is shipped in accordance with §§ 173.424 and 173.422.

The answer is no. In the January 8, 2010 letter, A2 was prefaced with the word "Generally" and was not intended to cover excepted packages. As specified in § 173.422, excepted packages of Class 7 (radioactive) material that are prepared under the provisions of certain sections, including § 173.424, are not subject to any additional requirements of the HMR except for those set forth in §§ 173.422 and 173.424. As such, and consistent with A2 in the January 8, 2010 letter, a radioactive instrument or article and its packaging must comply with the requirement specified in § 173.422(a), and be marked with "UN" and the four digit identification number.

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

Sincerely,

T. Glenn Foster
Chief, Regulatory Review and Reinvention Branch
Standards and Rulemaking Division

173.422, 173.424

Regulation Sections