Interpretation Response #24-0004
Below is the interpretation response detail and a list of regulations sections applicable to this response.
Interpretation Response Details
Response Publish Date:
Company Name: Pillinger Miller Tarallo
Individual Name: Fern B. Miller
Location State: PA Country: US
View the Interpretation Document
Response text:
July 2, 2024
Fern B. Miller, Esquire
Pillinger Miller Tarallo
1880 John F Kennedy Blvd
Suite 1803
Philadelphia, PA 19103
Reference No. 24-0004
Dear Ms. Miller:
This letter is in response to your January 15, 2024, email and subsequent phone conversation requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to elemental mercury. Specifically, you ask for clarification regarding the need for closure instructions when shipping 2,000 lbs. of "UN2809, Mercury" by motor vehicle in an 18.5-gallon non-specification reusable metal packaging. It is your understanding that for a non-bulk packaging allowed in § 173.164(d), "UN2809, Mercury" may be shipped in non-specification reusable metal packagings and, therefore, no closure instructions are required.
Your understanding is correct. Closure instruction requirements in §§ 173.22(a)(4) and 178.2(c) apply to specification packagings only. A hazardous material properly described as "UN2809, Mercury" may be packaged in non-specification [emphasis added] reusable metal packagings as prescribed in § 173.164(d)(2) for transportation other than by aircraft.
We note that "UN2809, Mercury" is subject to the HMR only when offered for transportation by aircraft or vessel unless the material is a hazardous substance or hazardous waste. Given the quantity of transport, it meets the definition of a hazardous substance and, therefore, is subject to the HMR when transported by motor vehicle.
I hope this information is helpful. Please contact us if we can be of further assistance.
Sincerely,
Dirk Der Kinderen
Chief, Standards Development Branch
Standards and Rulemaking Division
173.22(a)(4), 173.164(d), 173.164(d)(2), 178.2(c)