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Interpretation Response #13-0210 ([Baker Hughes Houston Technology Center] [Mr. James K. Elrod])

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

Interpretation Response Details

Response Publish Date:

Company Name: Baker Hughes Houston Technology Center

Individual Name: Mr. James K. Elrod

Location State: TX Country: US

View the Interpretation Document

Response text:

January 23, 2014

Mr. James K. Elrod
Radiation Safety Officer
Baker Hughes Houston Technology Center
2001 Rankin Road
Houston, TX 77073

Ref. No. 13-0210

Dear Mr. Elrod:

This responds to your November 6, 2013 letter regarding the classification of radioactive material under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180).  You request clarification whether the radionuclide you would like to transport can be shipped as non-hazardous if the activity concentration and total activity of the material is below the value specified in § 173.436 or value derived according to instructions in § 173.433.  

A “Hazardous material” is defined under § 171.8 of the HMR.  The term includes materials that meet the defining criteria for hazard classes and divisions in Part 173 of the HMR such as Class 7 (radioactive) material.  A “Radioactive material” is defined in § 173.403 as any material containing radionuclides where both the activity concentration and the total activity in the consignment exceed the values specified in the table in § 173.436 or values derived according to instructions in § 173.433.  Therefore, if your radionuclide and the consignment of the material do not exceed the activity concentration and total activity, respectively, then the material is not considered radioactive material for purposes of the HMR.  You must determine whether the material can be defined as hazmat by other criteria before you ship as non-hazardous.  If the material is not considered radioactive material and does not meet any other part of the definition of hazardous material as defined under § 171.8, then the material may be transported as non-hazardous.  

I hope this information is helpful.  If you have further questions, please contact this office.

Sincerely,

Robert Benedict
Chief, Standards Development Branch
Standards and Rulemaking Division

173.433, 173.436

Regulation Sections

Section Subject
171.8 Definitions and abbreviations
173.436 Exempt material activity concentrations and exempt consignment activity limits for radionuclides