National Institute of Standards and Technology — Hazardous Materials Safety Interpretation

Page 1of Transportation U.S. Department 1200 New Jersey Ave.. S.E Washington. DC 20590 Pipeline and Hazardous Administration Materials Safety JUN 12 2007 National Institute of Standards and Technology Mr. Larry Lucas Ref. No.: 07-0079 100 Bureau Drive Stop 8462 Gaithersburg, MD 20899-8462 Dear Mr. Lucas: This is in response to your April 20, 2007 letter regarding subsidiary labeling requirements under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). Specifically, you ask it a subsidiary hazard label is required for a package the meets the definition of a Class 7 (Radioactive) material and also meets the definition of a Class 8 (Corrosive) material. The material in question is a solution of radioactive isotopes requiring a Class 7 hazard label (typically Yellow-II), and 5 milliliters (<1/5 ounce) of a Class 8 acid. Section 172.402(d) requires each package containing a Class 7 (Radioactive) material that also meets the definition of one or more additional hazard classes to be labeled as a Class 7 (Radioactive) material, as required by § 172.403, and for each additional hazard. However, the material satisfies the requirements of § 173.4 (small quantity exception). an exception from the subsidiary labeling requirement is provided in § 172.402(d)(1) when contact this office. I hope this information is helpful. If you have further questions, please do not hesitate to Sincerely. John A Gate i" Chief, Standards Development Office of Hazardous Materials Standards 172.402 (d) 173.4 070079#

Page 2INFOCNTR <PHMSA> From: Sent: Larry Lucas [larry.lucas@nist.gov] To: Friday, April 20, 2007 6:00 PM Eichenlaub Subject: Cc: INFOCNTR <PHMSA> Janna Shupe; Corey Hankerson; Roy Parker 3172.101 Request for Written Letter of Interpretation $173.4 20 April 2007 Labeling/Small Quantity Erceptio, Request for Written Letter of Interpretation 07-0079 i talked with Chris on the HMR hotline yesterday and we both agreed that it would be i importance of this issue to many other people. jood idea for me to request a formal Written Letter of Interpretation because of thi The situation is as follows: than 10 years. shipped as Radioactive Material, Excepted Package - Limited Quantity of Material, UN2910 (henceforth referred to as RMEP). The majority of our radioactivity SRMs are solutions, with the radioactive material dissolved in (typically) 5 milliliters ounce) of aqueous solution that also contains non-radioactive carrier and some acid that it is acceptable aboard passenger (typically hydrochloric or nitric). The final concentration of the acid is always such sealed glass ampoule surrounded by containment within a protective cardboard tube. absorbent material and several layers of secondary The solution is contained in a flame- cushioning material and contained in a UN4G fibreboard box as the outer container. The cardboard tube is surrounded by packages meet the Type-A performance specifications, regardless of the final labeling. Al1 hazard and one label (either the IATA DGEQ label or the DOT 173.4 conformance statement) Most of the packages are shipped with two labels: one RMEP label for the radioactivity for the corrosive hazard. These package have never been an issue. My question is about the packages we lived medical isotope contained or because of the dose rate) must be labeled with a Class ship that (either because of the quantity of short- 7 hazard label (typically II-Yellow). 5 milliliters (<1/5 ounce) of acid solution. The question is about the proper declaration of the require that once a package must be labeled with a hazard label for any Class, then all It seems that the present regulations other hazard classes must also have Class labels (and be declared as subsidiary risks) without regard to the quantity of material in that Class (even one drop). example above, the II-Yellow label must be accompanied by • a Class 8 Corrosive label and Thus, in the the acid solution must be declared as a subsidiary risk (8). are any other options. Thank you and best regards, Larry Lucas, Research Chemist MD 20899-8462 National Institute of Standards and Technology 100 Bureau Drive, Stop 8462 Gaithersburg, Telephone: 1-301-975-5546 Facsimile: 1-301-926-7416 Email: larry.lucas@nist.gov 1#