{"operation":"document","citation":"05-0086","title":"Manufacturers Association (NEMA) — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2005-06-14","effective_on":null,"summary":"05-0086 response to Manufacturers Association (NEMA) concerning 173.424.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-05-0086.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-05-0086.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-05-0086","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2005/050086.pdf","body":"<<<PAGE 1>>>\n\nU.S. Depanment\nJUN 14 2005\nof Transportation\n400 Seventh Street, S.W.\nWashington, D.C. 20590\nHazardous Materials Safety\nPipeline and\nAdministration\nMr. Ron Runkles\nReference No. 05-0086\nNational Electrical\n1300 North 17' Street, Suite 1847\nManufacturers Association (NEMA)\nRosslyn, VA 22209\nDear Mr. Runkles:\nThis is in response to your April 7, 2005 letter regarding the applicability of the\nHazardous Materials Regulations (HMR; 49 CFR Parts 171-180) to radioactive articles\nand mercury. Your questions concern lamps that contain both mercury and a limited\nquantity radioactive material. Your scenarios and questions are paraphrased and answered\nas follows:\nQ1. The definition of a radioactive material in § 173.403 applies to a material that\ncontains radionuclides where both the activity concentration and the total activity in the\nconsignment exceed the values specified in the table in §173.436 or values derived\nmaterials is broken down and the remaining containers in the consignment do not exceed\naccording to the instructions in §173.433. It a limited quantity shipment of radioactive\nthe activity limit for the consignment, may the ID markings remain on the packagings?\nA1. The answer is yes. The prohibited marking requirements in § 172.303(a) state that\n\"No person may offer for transportation or transport a package which is marked with the\nproper shipping name or identification number of a hazardous material unless the\npackages contains the identified hazardous material or its residue.\" Although the total\ncon tablein $ 1 described in thes deriven a, voice exceed thet values specified in\n§ 173.433, the identification marking may remain on the package because it would be\nconsidered a residue.\nQ2. Can lighting products that contain both mercury and ionizing radiation be transported\nas Class 8 Mercury contained in manufactured articles, UN2809, when properly identified\nas containing radioactive material in accordance with § 173.423, even though the mercury\nfalls within the limits specified in the § 173.164(e) exception for articles or packages?\n193.424\n050086\n\n<<<PAGE 2>>>\n\nA2. The answer is yes. Since exceptions are not mandatory, the proper shipping name\n\"Mercury contained in manufactured articles\" may be used to describe the material in\naccordance with the multiple hazard limited quantity Class 7 provisions in § 173.423.\nQ3. If the answer to Q2 is yes, can the UN 2809 marking be used in lieu of the UN2911\nmarking at our discretion?\nA3. The answer is yes. If the mercury in your lighting product meets the necessary\nconditions to qualify for the exception from the HMR in § 173.164(e), it is permissible to\nship the lighting product as either \"Radioactive material - excepted package, article,\nUN2911,\" or as \"Mercury contained in manufactured articles, UN2809.\" However, if the\nlighting product does not meet the necessary conditions to qualify for the exception from\nthe HMR in § 173.16(e), it must be shipped as \"Mercury contained in manufactured\narticles, UN2809.\"\nQ4. What training and reporting requirements are applicable to shippers that offer\nUN2911\" under the HMR?\nmaterials described as \"Radioactive material, excepted package-instruments or articles,\nA4. Except for those exceptions pertaining to labeling, specification packaging, and\nmarking, shippers and carriers of \"Radioactive material, excepted package-instruments or\narticles, UN2911\" are fully subject to the HMR including the training requirements found\nin Part 172, Subpart H and the reporting requirements in §§ 171.15 and 171.16.\nI hope this information is helpful.\nSincerely,\nSusan Gorsky\nOffice of Hazardous Materials Standards\nActing Director Hazardous Materials Standards\n\n<<<PAGE 3>>>\n\nFile: 2LL/016\nVational Electrical Manufacturers Associatior\n1300 North 17\" Street, Suite 1847\nRosslyn, VA 22209\nSetting Standards for Excellence\nFax: 703-841-3378\n703-841-3278\nron_runkles@nema.or\nsatterthwaite\nApril 7, 2005\n$173.424\nMr. John Gale\nStandards Development Chief\nRAM\nOffice of Hazardous Materials Standards\nPipeline and Hazardous Materials Safety Administration\n05-0086\nRoom 8430\nU.S. Departrent of Transportation\n400 7* Street, SW\nWashington, DC 20590\nDear Mr. Gale:\nThe National Electrical Manufacturers Association (NEMA) appreciates your response to our\nJanuary 28, 2005 inquiry (see PHMSA Reference No. 05-0029 signed by Hattie L. Mitchell and\ndated March 9, 2005) and the participation of yourself and PHMSA staff in the follow-up\nconference call of March 23, 2005.\nradiation, otherwise meeting the conditions at 49 CFR 173.424, and transported as\nThis letter is written to confirm our understanding that lighting products containing ionizing\n\"Radioactive material, excepted package - articles\" must be marked with the identification\nnumber UN2911 if:\n• The product exceeds the radionuclide specific activity concentration limit\nand\n• It is included in a consignment where the radionuclide specific activity in the\nconsignment exceeds the exempt consignment limit,\nthis according to the 173.403 definition of a Radioactive Material.\nIn addition, as indicated during our March 23, 2005 conference call, please confirm that\npackages for these articles may also be marked with the identification number UN2911 even\nthough the product may:\n• Contain less than the radionuclide specific activity concentration limit\nor\n• Be included in a consignment where the radionuclide specific activity in the consignment\nfalls below the exempt consignment limit,\n\n<<<PAGE 4>>>\n\nFile: 2LL/016\nMr. John Gale\nApril 7, 2005\nPage 2\nso long as the requirements of 49 CFR 173.422, as indicated by the presence of the UN2911\nmarking, are complied with.\nThe specific practical concern addressed during the March 23d call involves a UN2911 marking\nremaining on containers within a consignment as the consignment is broken down ano\ndistributed beyond the point that the specific activity no longer exceeds the activity limit fo\nexempt consignments listed in Table 173.436 or as calculated using the requirements of 49\nCFR 173.433.\nAs a corollary to the questions asked in our original January 28 inquiry and March 23rd\nlighting products that contain both mercury and ionizing radiation be transported as Class 8\ndiscussion, and following upon the above logic, we also seek the following guidance: Can\nradioactive material in accordance with 173.423, even though the mercury level is less than the\nMercury contained in manufactured articles, UN2809, when properly identified as containing\nlimits specified in 173.164(e) for articles or packages?\nIf the answer is no, we would like to understand why. If the answer is yes, can we, at our\noption, employ the UN2809 designation in lieu of the UN2911 designation?\nassociated with using the UN2911 designation, especially those that involve training and\nFinally, as also discussed during our conference call, please detail our obligations that are\nreporting.\nWe look forward to your response, and would appreciate the opportunity to continue the\ndiscussions between PHMSA staff and NEMA lamp manufacturers. We will contact you to set\nup such a call, or possibly a meeting in Washington, following receipt of your response.\nThank you for your continued assistance in this matter.\nSincerely,\nRon Punkles\nRon Runkles\nProgram Manager\nKyle Pitsor, NEMA\nClark Silcox, NEMA\nCurt Riesenberg, NEMA\nNEMA Task Force on Radioactive Materials","truncated":false,"body_characters":7379}