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Interpretation Response #98-0429 ([Environmental Management and Controls, Inc.] [Mr. Dan A. Tallman])

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

Interpretation Response Details

Response Publish Date:

Company Name: Environmental Management and Controls, Inc.

Individual Name: Mr. Dan A. Tallman

Location State: CA Country: US

View the Interpretation Document

Response text:

MAY 29, 1998


Mr. Dan A. Tallman Manager
Environmental Management and Controls, Inc.
3106 South Faith Home Road
Turlock, California 95380

Dear Mr. Tallman:

This is in response to your letter of February 10, 1998, requesting clarification of the Precedence of Hazard requirements in § 173.2a of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). Your question is presented in the following scenario:

A package contains a mixture of radioactive materials and flammable liquids. The mixture can be named either "Radioactive material, LSA II" or "Radioactive material, limited quantity" and thus be reclassed as a flammable liquid due to the hierarchy of the precedence table. Does the shipper have the choice to ship it as either of these classifications or is he bound by the HMR to use a specific classification?

In a situation where a shipper has a mixture of radioactive materials and flammable liquids that meet the definition of a limited quantity, the shipper has the choice to either classify the material as a limited quantity or to maintain the material's original classification. If the shipper chooses the proper shipping name "Radioactive material, limited quantity" as in the example above, and that material meets the definition of more than one hazard class or division, it shall be classed in accordance with § 173.423.

I hope this answers your inquiry. If you need additional assistance, do not hesitate to contact us.



Delmer F. Billings
Chief, Standard Development
Office of Hazardous Materials Standards

Regulation Sections

Section Subject
173.2 Hazardous materials classes and index to hazard class definitions