# International Radiation Safety Consulting, Inc. — Hazardous Materials Safety Interpretation

- **operation:** document
- **citation:** 13-0060
- **title:** International Radiation Safety Consulting, Inc. — Hazardous Materials Safety Interpretation
- **source type:** guidance
- **agency:** Pipeline and Hazardous Materials Safety Administration
- **status:** guidance
- **official:** true
- **published on:** 2013-05-14
- **effective on:** Not available
- **summary:** 13-0060 response to International Radiation Safety Consulting, Inc. concerning 173.410, 173.424.
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- **app url:** https://regulus.evalyn.ai/document/phmsa-interpretation-13-0060
- **source url:** https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2013/130060.pdf
**body:**

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U.S. Department of Transportation
Pipeline and Hazardous Materials
Safety Administration
MAY 1 4 2013
Mr. Timothy Brandon
International Radiation Safety Consulting, Inc.
7 Cabot Place, 3rd Floor
Stoughton, MA 02072
1200 New Jersey Ave, SE
Washington, D.C. 20590
RefNo.: I3-0060
Dear Mr. Brandon:
This is a response to your March 12, 2013 email and email correspondence with a member of my
staff requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 100-
185) with regard to excepted packages for radioactive instruments and articles. Specifically, you
request confirmation on the required hazard communication for these packages as well as the
applicability of international standards to your shipments.
You state that your product is a timepiece containing a small amount of radioactive material
(tritium) to be transported from an international location into the United States. In the situation
you describe, the manufacturer is shipping these devices, which are subsequently being forwarded
to a sales location for distribution. You intend to transport approximately 300 timepieces in a
shipment and state that your packagings conform to the general design requirements of § 1 73 .41 0
and the other requirements of§ I73.424 for excepted packages ofradioactive instruments or
atiicles. Your questions are summarized and addressed below.
Q I. Under the International Atomic Energy Agency (IAEA) Regulations, could shipments
of these timepieces be excepted from regulation using TS-R-1: 2009 § 1 07(d)?
A 1. No. Paragraph I 07 of the IAEA regulations defines the scope of the regulations by
listing regulatory exclusions. Timepieces are excluded only after their sale to a consumer.
Q2. Under the International Civil Aviation Association (ICAO) Technical Instructions
(TI), could shipments of these timepieces be excepted from regulation using
2;7.2.4.l.I.3(b)?
A2. No. ICAO TI 2;7.2.4.1.1.3(b) provides a marking exception for timepieces
(timepieces do not have to be marked "RADIOACTIVE" as other instruments and atiicles
do).

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Q3. What is the proper hazard communication required for packages containing multiple
devices being forwarded to a sales location for distribution, domestically?
A3. In accordance with§ 173.424 of the HMR, excepted packages for radioactive
instruments and articles are excepted from specification packaging, labeling and marking
(except for the UN identification number marking requirement described in§ 173.422(a)),
and if not a hazardous waste or hazardous substance, shipping papers. Therefore, provided
the package containing multiple devices conforms to the activity limits prescribed in
§ 173.424, the packagings should bear the mark of"UN2911."
I hope this information is helpful. If you have any more questions, please do not hesitate to
contact this office.
Sincerely,
Robert Benedict
Chief, Standards Development
Standards and Rulemaking Division
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Successful Device Approvals
March 12, 2013
Office of Hazardous Materials Standards
Pipeline and Hazardous Materials Safety
Administration
Attn: PHH-10
U.S. Department of Transportation
400 ih Street SW
Washington, DC 20590-0001
Dear Sir or Miss,
Please consider this a request for official interpretation of the US DOT regulations in
regard to the following matter.
A manufacturer is shipping consumer commodities, specifically timepieces, containing a
small amount of radioactive material from an international location into the US. The
watches are labeled as allowed by the Nuclear Regulatory Commission and international
nuclear agencies, with a trefoil (radiation symbol) or "H-3." Each device (watch) and
shipment contains a quantity of radioactive material below those respective quantities
listed in 49 CFR 173.424.
The packages meet the general design requirements, and the shipment meets all of the
other requirements of 173.424.
7 Cabot Place, 3'd Floor, Stoughton, MA 02072 USA
Ph. 877.266.0794 (U.S.) 781.767.2176 (outside U.S.)
Fax: 781.207.0453 www.irsc-inc.com

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2
In what regard may these timepieces be excluded from regulations, as specified in IAEA
TS-R-1: 2009 Section 107(d) and ICAO Dangerous Good Technical Instructions: 2011-
2012 Section 7.2.4.1.1.3?
Additionally, what is the proper method of labeling the packages containing multiple
devices being forwarded to a sales location for distribution?
Thank you for your consideration in this matter.
If you have any questions please call me at 508.577.7427 or e-mail at
tbrandon@irsc-inc.com.
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Sincerely,
Timothy Brandon
Vice President
17 Norfolk Rd., Holbrook, MA 02343 USA Ph. 877.266.0794 (U.S.)
781.767.2176 (outside U.S.) Fax: 781.207.0453 www.irsc-inc.com
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