URS Corporation — Hazardous Materials Safety Interpretation

Page 1.›. Depanmer f Transportatio Wastington, D.C. 20590 400 Seventh Street, S.W. Materials Safety Administration Pipeline and Hazardous MAR 2 6 2007 Mr. Andrew N. Romach Ref. No.: 06-0211 1600 Perimeter Park Drive URS Corporation Morrisville, NC 27560 Dear Mr. Romach: radioactive materials as specified under the Hazardous Materials Regulations (HMR; 49 CFR This is in response to your September 15, 2006 letter regarding the transport of limited quantity Parts 171-180). Specifically, you ask if a packaged material that meets the criteria of an excepted package of radioactive material when shipped as part of a consignment but no longer separately is allowed to retain the "UN2911" marking under the HMR and be shipped as meets the criteria of a radioactive material when the consignment is broken apart and shipped unregulated material? meets no other hazard class nor the definition of a Class 7 (radioactive) material as a result of The answer is no. An excepted package of radioactive material with identification markings that falling below the exempt consignment activity limits is considered residue and may only be transported as unregulated material by removing, obliterating, or securely covering the the packaging must continue to comply with the excepted package containing radioactive identification markings on the outside of the package. Therefore, if the markings remain visible, to be prepared in accordance with the applicable packaging section, marked with the appropriate material provisions in § 173.422. Generally, the provisions in § 173.422 require the packagings identification number, and comply with the incident reporting provisions in §§ 171.15 and 171.16. this office. I hope this information is helpful. If you have further questions, please do not hesitate to contact Sincerely, Elena 7. Mazulle Edward T. Mazzullo Director, Office of Hazardous Materials Standards 173.422 060211#

Page 2Satterthwaite URS $173.422 RAM 06-0211 September 15, 2006 Mr. Charles Betts Office of Hazardous Material Standards Research and Special Programs Administration U.S. Department of Transportation Washington, DC 20590-0001 400 7th Street, SW FAX: (202) 366-3012 Dear Charles: I am writing to you in reference to an interpretation letter issued on June 4, 2005, to the National Electrical Manufacturers Association (NEMA), which allows a limited quantity radioactive material to be shipped as a "residue" and to retain the "UN2911" marking on the package. (A copy of the letter is attached.) I am seeking further clarification of this DOT interpretation: Would a package of shipped as part of a consignment but that no longer meets the criteria of a radioactive material that meets the criteria of a limited quantity radioactive material when it is material when the consignment is broken apart and the package is shipped separately be allowed to retain the "UN2911" marking under the regulations and be shipped as a not regulated material? I appreciate your clarification of this question. Sincerely, AuRe Andrew N. Romach Regulatory Compliance Manager URS Corporation URS Corporation 1600 Perimeter Park Drive Tel: 919.461.1220 Morrisville, NC 27560 Andy_romach@urscorp.com Fax:919.461.1371#

Page 3JUN 14 200% 400 Seventh Street, S.W Washington, D.C. 20590 Pipeline and Administration Hazardous Materials Safety Mr. Ron Runkles Manufacturers Association (NEMA) National Electrical Reference No. 05-0086 1300 North 17'h Street, Suite 1847 Rosslyn, VA 22209 Dear Mr. Runkles: Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) to radioactive articles This is in response to your April 7, 2005 letter regarding the applicability of the and mercury. Your questions concern lamps that contain both mercury and a limited quantity radioactive material. Your scenarios and questions are paraphrased and answered Q1. The definition of a radioactive material in § 173.403 applies to a material that according to the instructions in §173.433. If a limited quantity shipment of radioactive consignment exceed the values specified in the table in §173.436 or values derived materials is broken down and the remaining containers in the consignment do not exceed the activity limit for the consignment, may the ID markings remain on the packagings? A1. The answer is yes. The prohibited marking requirements in § 172.303(a) state that "No person may offer for transportation or transport a package which is marked with the packages contains the identified hazardous material or its residue." Although the total proper shipping name or identification number of a hazardous material unless the consignment, as described in the above scenario, would not exceed the values specified in the table in $ 173.436 or the values derived in accordance with the instructions in § 173.433, the identification marking may remain on the package because it would be Q2. Can lighting products that contain both mercury and ionizing radiation be transported as Class 8 Mercury contained in manufactured articles, UN2809, when properly identified falls within the limits specified in the § 173.164(e) exception for articles or packages? as containing radioactive material in accordance with § 173.423, even though the mercury 193.424 050086#

Page 4"Mercury contained in manufactured articles" may be used to describe the material in A2. The answer is yes. Since exceptions are not mandatory, the proper shipping name accordance with the multiple hazard limited quantity Class 7 provisions in § 173.423. marking at our discretion? Q3. If the answer to Q2 is yes, can the UN 2809 marking be used in lieu of the UN2911 conditions to qualify for the exception from the HMR in § 173.164(e), it is permissible to A3. The answer is yes. If the mercury in your lighting product meets the necessary articles, UN2809." the HMR in § 173.164(e), it must be shipped as "Mercury contained in manufactured materials described as "Radioactive material, excepted package-instruments or articles, Q4. What training and reporting requirements are applicable to shippers that offer UN2911" under the HMR? A4. Except for those exceptions pertaining to labeling, specification packaging, and articles, UN2911" are fully subject to the HMR including the training requirements found marking, shippers and carriers of "Radioactive material, excepted package-instruments or in Part 172, Subpart H and the reporting requirements in §§ 171.15 and 171.16. I hope this information is helpful. Sincerely, Hasi Acting Director Hazardous Materials Standards Susan Gorsky Office of Hazardous Materials Standards#