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Interpretation Response #16-0109 ([Spectrum Techniques] [Mr. Daniel Sims])

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

Interpretation Response Details

Response Publish Date:

Company Name: Spectrum Techniques

Individual Name: Mr. Daniel Sims

Location State: TN Country: US

View the Interpretation Document

Response text:

October 19, 2016

Daniel M. Sims
Radiation Protection Manager
Spectrum Techniques
106 Union Valley Road
Oak Ridge, TN 37830

Reference No. 16-0109

Dear Mr. Sims:

This responds to your June 15, 2016 letter requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to hazardous materials training outlined in Part 172, Subpart H. Your questions are paraphrased and answered as follows:

Q1. A customer was shipped a single 0.25 µCi Cs-137 radioactive check source. The check source is considered an exempt consignment in accordance with § 173.436. Is the customer required to have hazardous materials training in accordance with Part 172, Subpart H in order to ship the material back to the manufacturer?

A1. No. As defined by § 173.403, a radioactive material means a 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 the instructions in § 173.433. If the check source does not meet the definition of radioactive material or any other hazard class, then it is not subject to the HMR. In this case, the customer would not be subject to the training requirements in Part 172, Subpart H.

Q2. A customer was shipped a single 5 µCi Cs-137 radioactive check source. The check source exceeds the value specified in § 173.436 and is therefore not considered an exempt consignment. Is the customer required to have hazardous materials training in accordance with Part 172, Subpart H in order to ship the material back to the manufacturer?

A2. No, as long as the customer is not considered a hazmat employee as defined by § 171.8. For purposes of the HMR, “hazmat employee” means a person who is employed by a hazmat employer and who, in the course of employment, directly affects hazardous materials transportation safety. An individual or private citizen does not meet the definition of a hazmat employee and is not required to have hazardous materials training. However, an individual or private citizen must still comply with all applicable HMR requirements when offering hazardous materials to a commercial carrier for transportation in commerce. If the customer is considered a hazmat employee (e.g., a distributor, retailer, etc.), the person is fully subject to the training requirements in Part 172, Subpart H.

I trust this satisfies your inquiry. Please contact us if we can be of further assistance.

Sincerely,

Dirk Der Kinderen
Chief, Standards Development Branch
Standards and Rulemaking Division

173.436, 172, 173.403, 173.433, 171.8

Regulation Sections

Section Subject
171.8 Definitions and abbreviations
173.403 Definitions
173.433 Requirements for determining basic radionuclide values, and for the listing of radionuclides on shipping papers and labels
173.436 Exempt material activity concentrations and exempt consignment activity limits for radionuclides