Missouri Gas Energy — Hazardous Materials Safety Interpretation

Page 1of Transportation U.S. Department 1200 New Jersey Avenue, SE Washington, D.C. 20590 Pipeline and Hazardous Materials Safety Administration 1 2007 Ms. Crystal Callaway Ref. No. 07-0176 3420 Broadway Missouri Gas Energy Kansas City, MO 64111 Dear Ms. Callaway: This responds to your August 29, 2007 letter requesting clarification of requirements for transport of manufactured articles containing mercury under the Hazardous Materials switches containing mercury transported in accordance with § 173.164(c)(2) are subject to Regulations (HMR; 49 CFR Parts 171-180). Specifically, you ask whether gas meters with the HMR. Additionally, you request a definition of "subchapter" as it pertains to § 173.164(c)(2). small mercury switch attached to each gas meter. You also state each switch contains 1.16 g You state that your company transports gas meters with an electronic device containing a (0.04 ounces) of mercury. Based on the information provided, the gas meters would not be subject to the requirements of the HMR. In accordance with § 173.164(c)(2), thermometers, switches and relays, each containing a total quantity of not more than 15 g (0.53 ounces) of mercury, are excepted from the requirements of the subchapter if installed as an integral part of a machine or apparatus and so fitted that shock of impact damage, leading to leakage of mercury, is unlikely to occur under conditions normally incident to transport." to the regulations contained in Title 49, Subtitle B, Chapter I, Subchapter C, Parts 171-180 of Regarding the definition of "subchapter" as it pertains to § 173.164(c)(2), "subchapter" refers the Code of Federal Regulations (CFR), more commonly referred to as the Hazardous Materials Regulations (HMR). I hope this information is helpful. Please contact us if you require additional assistance. ( Chief, Standards Development Office of Hazardous Materials Standards 173.164C)(2 070176#

Page 2Der Kinderen $173.164(082) MCE MISSOURI GAS ENERGY 3420 Broadway • Kansas City, MO • 64111 • (816) 756-5261 19-0171 August 29, 2007 Pipeline and Hazardous Materials Safety Administration Office of Chief Counsel East Building, 2°d Floor (PHC 200 New Jersey Avenue, SI Washington, DC 20590 RE: Letter of Interpretation I am requesting a formal letter of interpretation for regulation 49 CFR 173.164 (c) (2), which allows for mercury switches containing a total of not more than (0.53 ounces) of machine or apparatus. Also, to be included in the letter a definition for "subchapter". mercury, excepted from subchapter requirements if installed as an integral part of a We are a gas utility company that either transports or ships for repair gas meters that have switch (weighing 1.16 g or 0.04 ounces) in one compartment and a small lithium battery electronic reading devices attached to the top of the meter that contains a small mercury in the other compartment similar in size to an AA alkaline battery. Both the mercury switch and lithium battery are encapsulated by a gel material which acts as a barrier for spillage and a shock absorber during transportation. The meters are shipped in a wire caged basket placarded with the Corrosive Placard on opposing sides with the UN2809 displayed and shipped on a Hazardous Materials Bill of Lading when transporting or shipping the meters. In reading the regulation, my interpretation of the exception was based on packaging requirements and did not include placarding requirements. However, is subchapter includes all of 49 CFR than I am assuming this would also exempt us from placarding requirements? My request is to provide us with interpretation of 49 CFR 173.164 (c) (2) that supports rocedure of placarding, and having a licensed Hazardous Materials transportation carrie his exception to allow us to evaluate whether we need to continue with our curren or if placarding is not required, than any transporter could carrier the meters without Nacarding is long as the shipment is campanied by a Hazardous Material Bil of Thank You, Cate alland Environmental Compliance Specialist#