{"operation":"document","citation":"06-0211","title":"URS Corporation — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2007-03-26","effective_on":null,"summary":"06-0211 response to URS Corporation concerning 173.422.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-06-0211.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-06-0211.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-06-0211","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2006/060211.pdf","body":"<<<PAGE 1>>>\n\n.›. Depanmer\nf Transportatio\nWastington, D.C. 20590\n400 Seventh Street, S.W.\nMaterials Safety Administration\nPipeline and Hazardous\nMAR\n2 6 2007\nMr. Andrew N. Romach\nRef. No.: 06-0211\n1600 Perimeter Park Drive\nURS Corporation\nMorrisville, NC 27560\nDear Mr. Romach:\nradioactive materials as specified under the Hazardous Materials Regulations (HMR; 49 CFR\nThis is in response to your September 15, 2006 letter regarding the transport of limited quantity\nParts 171-180). Specifically, you ask if a packaged material that meets the criteria of an\nexcepted package of radioactive material when shipped as part of a consignment but no longer\nseparately is allowed to retain the \"UN2911\" marking under the HMR and be shipped as\nmeets the criteria of a radioactive material when the consignment is broken apart and shipped\nunregulated material?\nmeets no other hazard class nor the definition of a Class 7 (radioactive) material as a result of\nThe answer is no. An excepted package of radioactive material with identification markings that\nfalling below the exempt consignment activity limits is considered residue and may only be\ntransported as unregulated material by removing, obliterating, or securely covering the\nthe packaging must continue to comply with the excepted package containing radioactive\nidentification markings on the outside of the package. Therefore, if the markings remain visible,\nto be prepared in accordance with the applicable packaging section, marked with the appropriate\nmaterial provisions in § 173.422. Generally, the provisions in § 173.422 require the packagings\nidentification number, and comply with the incident reporting provisions in §§ 171.15 and\n171.16.\nthis office.\nI hope this information is helpful. If you have further questions, please do not hesitate to contact\nSincerely,\nElena 7. Mazulle\nEdward T. Mazzullo\nDirector, Office of Hazardous\nMaterials Standards\n173.422\n060211\n\n<<<PAGE 2>>>\n\nSatterthwaite\nURS\n$173.422\nRAM\n06-0211\nSeptember 15, 2006\nMr. Charles Betts\nOffice of Hazardous Material Standards\nResearch and Special Programs Administration\nU.S. Department of Transportation\nWashington, DC 20590-0001\n400 7th Street, SW\nFAX: (202) 366-3012\nDear Charles:\nI am writing to you in reference to an interpretation letter issued on June 4, 2005, to the\nNational Electrical Manufacturers Association (NEMA), which allows a limited quantity\nradioactive material to be shipped as a \"residue\" and to retain the \"UN2911\" marking on\nthe package. (A copy of the letter is attached.)\nI am seeking further clarification of this DOT interpretation: Would a package of\nshipped as part of a consignment but that no longer meets the criteria of a radioactive\nmaterial that meets the criteria of a limited quantity radioactive material when it is\nmaterial when the consignment is broken apart and the package is shipped separately be\nallowed to retain the \"UN2911\" marking under the regulations and be shipped as a not\nregulated material?\nI appreciate your clarification of this question.\nSincerely,\nAuRe\nAndrew N. Romach\nRegulatory Compliance Manager\nURS Corporation\nURS Corporation\n1600 Perimeter Park Drive\nTel: 919.461.1220\nMorrisville, NC 27560\nAndy_romach@urscorp.com\nFax:919.461.1371\n\n<<<PAGE 3>>>\n\nJUN 14 200%\n400 Seventh Street, S.W\nWashington, D.C. 20590\nPipeline and\nAdministration\nHazardous Materials Safety\nMr. Ron Runkles\nManufacturers Association (NEMA)\nNational Electrical\nReference No. 05-0086\n1300 North 17'h Street, Suite 1847\nRosslyn, VA 22209\nDear Mr. Runkles:\nHazardous Materials Regulations (HMR; 49 CFR Parts 171-180) to radioactive articles\nThis is in response to your April 7, 2005 letter regarding the applicability of the\nand mercury. Your questions concern lamps that contain both mercury and a limited\nquantity radioactive material. Your scenarios and questions are paraphrased and answered\nQ1. The definition of a radioactive material in § 173.403 applies to a material that\naccording to the instructions in §173.433. If a limited quantity shipment of radioactive\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\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\npackages contains the identified hazardous material or its residue.\" Although the total\nproper shipping name or identification number of a hazardous material unless the\nconsignment, as described in the above scenario, would not exceed the values specified in\nthe table in $ 173.436 or the values derived in accordance with the instructions in\n§ 173.433, the identification marking may remain on the package because it would be\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\nfalls within the limits specified in the § 173.164(e) exception for articles or packages?\nas containing radioactive material in accordance with § 173.423, even though the mercury\n193.424\n050086\n\n<<<PAGE 4>>>\n\n\"Mercury contained in manufactured articles\" may be used to describe the material in\nA2. The answer is yes. Since exceptions are not mandatory, the proper shipping name\naccordance with the multiple hazard limited quantity Class 7 provisions in § 173.423.\nmarking at our discretion?\nQ3. If the answer to Q2 is yes, can the UN 2809 marking be used in lieu of the UN2911\nconditions to qualify for the exception from the HMR in § 173.164(e), it is permissible to\nA3. The answer is yes. If the mercury in your lighting product meets the necessary\narticles, UN2809.\"\nthe HMR in § 173.164(e), it must be shipped as \"Mercury contained in manufactured\nmaterials described as \"Radioactive material, excepted package-instruments or articles,\nQ4. What training and reporting requirements are applicable to shippers that offer\nUN2911\" under the HMR?\nA4. Except for those exceptions pertaining to labeling, specification packaging, and\narticles, UN2911\" are fully subject to the HMR including the training requirements found\nmarking, shippers and carriers of \"Radioactive material, excepted package-instruments or\nin Part 172, Subpart H and the reporting requirements in §§ 171.15 and 171.16.\nI hope this information is helpful.\nSincerely,\nHasi\nActing Director Hazardous Materials Standards\nSusan Gorsky\nOffice of Hazardous Materials Standards","truncated":false,"body_characters":6607}