{"operation":"document","citation":"07-0176","title":"Missouri Gas Energy — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2007-10-01","effective_on":null,"summary":"07-0176 response to Missouri Gas Energy concerning 173.164.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-07-0176.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-07-0176.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-07-0176","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2007/070176.pdf","body":"<<<PAGE 1>>>\n\nof Transportation\nU.S. Department\n1200 New Jersey Avenue, SE\nWashington, D.C. 20590\nPipeline and Hazardous\nMaterials Safety\nAdministration\n1 2007\nMs. Crystal Callaway\nRef. No. 07-0176\n3420 Broadway\nMissouri Gas Energy\nKansas City, MO 64111\nDear Ms. Callaway:\nThis responds to your August 29, 2007 letter requesting clarification of requirements for\ntransport of manufactured articles containing mercury under the Hazardous Materials\nswitches containing mercury transported in accordance with § 173.164(c)(2) are subject to\nRegulations (HMR; 49 CFR Parts 171-180). Specifically, you ask whether gas meters with\nthe HMR. Additionally, you request a definition of \"subchapter\" as it pertains to §\n173.164(c)(2).\nsmall mercury switch attached to each gas meter. You also state each switch contains 1.16 g\nYou state that your company transports gas meters with an electronic device containing a\n(0.04 ounces) of mercury.\nBased on the information provided, the gas meters would not be subject to the requirements\nof the HMR. In accordance with § 173.164(c)(2), thermometers, switches and relays, each\ncontaining a total quantity of not more than 15 g (0.53 ounces) of mercury, are excepted from\nthe requirements of the subchapter if installed as an integral part of a machine or apparatus\nand so fitted that shock of impact damage, leading to leakage of mercury, is unlikely to occur\nunder conditions normally incident to transport.\"\nto the regulations contained in Title 49, Subtitle B, Chapter I, Subchapter C, Parts 171-180 of\nRegarding the definition of \"subchapter\" as it pertains to § 173.164(c)(2), \"subchapter\" refers\nthe Code of Federal Regulations (CFR), more commonly referred to as the Hazardous\nMaterials Regulations (HMR).\nI hope this information is helpful. Please contact us if you require additional assistance.\n( Chief, Standards Development\nOffice of Hazardous Materials Standards\n173.164C)(2\n070176\n\n<<<PAGE 2>>>\n\nDer Kinderen\n$173.164(082)\nMCE\nMISSOURI GAS ENERGY\n3420 Broadway • Kansas City, MO • 64111 • (816) 756-5261\n19-0171\nAugust 29, 2007\nPipeline and Hazardous Materials Safety Administration\nOffice of Chief Counsel\nEast Building, 2°d Floor (PHC\n200 New Jersey Avenue, SI\nWashington, DC 20590\nRE: Letter of Interpretation\nI am requesting a formal letter of interpretation for regulation 49 CFR 173.164 (c) (2),\nwhich allows for mercury switches containing a total of not more than (0.53 ounces) of\nmachine or apparatus. Also, to be included in the letter a definition for \"subchapter\".\nmercury, excepted from subchapter requirements if installed as an integral part of a\nWe are a gas utility company that either transports or ships for repair gas meters that have\nswitch (weighing 1.16 g or 0.04 ounces) in one compartment and a small lithium battery\nelectronic reading devices attached to the top of the meter that contains a small mercury\nin the other compartment similar in size to an AA alkaline battery. Both the mercury\nswitch and lithium battery are encapsulated by a gel material which acts as a barrier for\nspillage and a shock absorber during transportation.\nThe meters are shipped in a wire caged basket placarded with the Corrosive Placard on\nopposing sides with the UN2809 displayed and shipped on a Hazardous Materials Bill of\nLading when transporting or shipping the meters.\nIn reading the regulation, my interpretation of the exception was based on packaging\nrequirements and did not include placarding requirements. However, is subchapter\nincludes all of 49 CFR than I am assuming this would also exempt us from placarding\nrequirements?\nMy request is to provide us with interpretation of 49 CFR 173.164 (c) (2) that supports\nrocedure of placarding, and having a licensed Hazardous Materials transportation carrie\nhis exception to allow us to evaluate whether we need to continue with our curren\nor if placarding is not required, than any transporter could carrier the meters without\nNacarding is long as the shipment is campanied by a Hazardous Material Bil of\nThank You,\nCate alland\nEnvironmental Compliance Specialist","truncated":false,"body_characters":4073}