Interpretation Response #13-0080 ([Detector Electronics Corporation] [Mr. Lee R. Zwiefelhofer])
Below is the interpretation response detail and a list of regulations sections applicable to this response.
Interpretation Response Details
Response Publish Date:
Company Name: Detector Electronics Corporation
Individual Name: Mr. Lee R. Zwiefelhofer
Location State: MN Country: US
View the Interpretation Document
Response text:
June 14, 2013
Mr. Lee R. Zwiefelhofer
Senior Logistics/Hazmat Specialist
Detector Electronics Corporation
6901 West 110th Street
Minneapolis, MN 55438
Ref. No.: 13-0080
Dear Mr. Zwiefelhofer:
This is in response to your April 10, 2013 email requesting clarification on the definition of “Consignment” as it is used in the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to Class 7 (Radioactive) material. In your letter you describe a scenario in which you ship (consign) a product that contains Kr-85. When this product is shipped in quantities of six (6) or less, the consignment remains below the exempt consignment activity limit shown in § 173.436. Your questions are paraphrased and answered below. For the purposes of our response we assume that in all cases your product exceeds the activity concentration limit for Kr-85.
Q1. Would a consignment of four (4) orders of six (6) products each (resulting in a total of 24 products) containing Kr-85 that originate from the same consignor, are picked up and initially transported on the same conveyance, but going to different consignees exceed the exempt consignment activity limit?
A1. Yes, the consignment exceeds the exempt consignment activity limit and meets the definition of a Class 7 (Radioactive Material) (§ 173.403). While the products are destined for different consignees, all of the products are offered for transport from the same consignor at the same time, on the same conveyance.
Q2. Can a single consignment of 24 products containing Kr-85 originating from one consignor and destined for one consignee be separated into four (4) separate consignments by creating four (4) separate shipping papers of six (6) products per consignment?
A2. If the 24 products are offered from one consignor on the same conveyance, at the same time, they are considered one consignment. It is not acceptable to create 4 separate shipping documents and to declare it as 4 separate consignments in order to avoid compliance with the HMR.
Q3. Your company receives four (4) orders of six (6) products, each containing Kr-85. This is an international air consignment using a freight forwarder. All 24 products will be picked up from the same consignor, but are destined for different consignees. All of the products will be offered by the same consignor and will be picked up at the same time by the same carrier. Would this exceed the exempt consignment activity limit?
A3. As in Q1, since the 24 products originate from the same consignor and are transported on the same conveyance, the consignment exceeds the exempt consignment activity limit and meets the definition of a Class 7 (Radioactive Material) (§ 173.403).
Q4. Your company receives one (1) order for 24 products containing the Kr-85. This is an international air consignment using a freight forwarder. Can the order be broken up into four (4) separate consignments of six (6) products per consignment by obtaining four (4) different air waybill numbers from the freight forwarder, thus creating different consignments, even though all the entire order will be picked up at one location, from a single consignor and destined to a single consignee?
A4. As in Q2, if the 24 products are being shipped together from one consignor on the same conveyance, they must be considered one consignment. It is not acceptable to create 4 separate shipping documents and to declare it as 4 separate consignments in order to avoid compliance with the HMR
Q5. Since the definition of consignment as it is used in § 173.403 does not limit a carrier from transporting multiple consignments on the same conveyance, even if the activity level from all of these consignments together would exceed the exempt consignment activity limit, would it be acceptable for a single consignor to offer multiple consignments at the same time and still remain below the exempt consignment activity limit?
A5. We do not require a carrier to account for the accumulation of multiple consignments that individually do not meet the definition of radioactive material. However, we do we do require consignors who are familiar with the items being offered for transport, to properly class all of the items that they are shipping together.
I hope this information is helpful. If you have further questions, please do not hesitate to contact this office.
Sincerely,
Delmer Billings
Senior Regulatory Advisor
Standards and Rulemaking Division
173.436, 173.403