# State of Wisconsin Department of Health Services — Hazardous Materials Safety Interpretation

**Citation:** 09-0286  
**Type / status:** guidance / guidance  
**Agency:** Pipeline and Hazardous Materials Safety Administration  
**Effective:** Not stated  
**Published:** 2010-03-05

09-0286 response to State of Wisconsin Department of Health Services concerning 173.421.

## Document text

<<<PAGE 1>>>

U.S. Department of Transportation
Pipeline and Haz.ardous Materials
Safety Administration
MAR 5 2010
1200 New Jersey Ave, SE
Washington, D.C. 20590
Mr. Jason Hunt
State of Wisconsin
Department of Health Services
Radiation Protection Section
One West Wilson Street. Room 148
P.O. Box 2659
Madison, Wisconsin 53701-2659
Ref. No. 09-0286
Dear Mr. Hunt:
This responds to your email dated December 3, 2009 requesting clarification of the Hazardous
Materials Regulations (HMR; 49 CFR Parts 171- t80). You describe a scenario in which a nuclear
pharmacy ships radioactive material to nuclear medicine departments. The nuclear pharmacy
requires the end users to ship the packaging, "ammo can and empty pigs," back to the nuclear
pharmacy in accordance with § 173.421 (Excepted packages for Class 7 (radioactive) materials).
Your questions pertaining to this scenario are summarized and answered as follows:
Q 1) Are licensees required to perform a survey (exposure or contamination) of "ammo cans" that
are shipped back to a nuclear pharmacy in accordance with § 1 73.4 21 ?
No. Section 173.421 requires that the radiation level at any point on the external surface of
the package does not exceed 0.005 mSv/hour (0.5 mremlhr). In addition, the nonfixed
(removable) contamination on the external surface of the package must not exceed the limits
in § I 73.443(a). The shipper must ensure that the package is within these regulatory limits
when offered for transportation and transported. This generally implies that it is necessary
for the shipper to conduct a survey to ensure compliance. However, this regulation provides
the shipper with latitude in their methods ofensuring compliance with the radiation and
contamination limits; procedures other than measurements, such as quality assurance and
quality control. are acceptable means of ensuring compliance.
Q2) ffthe contamination exposure of the "ammo cans" exceeds the levels in §§ t73.421 (a)(2)
and (3) and the licensee does nothing, will the licensee be cited?
It is the shipper's responsibility to ensure compliance with § 173.421. Therefore, if the
"ammo cans" exceed the radiation level or contamination limits of § 173.421, they would be
in violation of the HMR and could be cited.

<<<PAGE 2>>>

Q3} Are licensees in violation of § 171.2 when a nuclear pharmacy requires them to ship empty
4'ammo cans" as "Excepted packages for Limited Quantities of Class 7 (radioactive)
materials?
No. Provided the licensees comply with the requirements of the HMR applicable to Limited
Quantity Class 7 (radioactive) materials (see § 173.421).
I hope this answers your inquiry. If you need further assistance, please contact this office at 202·
366-8553.
Sincerel.~' ,
\ fIl~
harles E. Betts
hief, Standards Development
ce of Hazardous Materials Standards

<<<PAGE 3>>>

Drakeford, Carolyn (PHMSA)
From: Betts, Charles (PHMSA)
Sent: Thursday, December 03, 2009 8:40 AM s Cit1-e¥l la..u.io
To: Drakeford, Carolyn (PHMSA)
Cc: Plessas, Karen (PHMSA); Boyle, Rick (PHMSA) Cs 113 . tfz, 1
Subject: FW: Interpetation Request
~ 111. 4
Importance: High
~AM
Oq-62<6 (,
-----Original Message----From:
Plessas, Karen (PHMSA)
Sent: Thursday, December 03, 2009 8:35 AM
To: Betts, Charles (PHMSA)i Boyle, Rick (PHMSA)
Cc: Rogers, Cheryl K - DHSi Schmidt, Paul S - DHS: Sulas, Diana M - DHS; 'Hunt, Jason H DHS'
Subject: RE: Interpetation Request
Charlie,
Jason Hunt from the State of Wisconsin is requesting a formal interpretation on a
radioactive materials issue, so I am forwarding his request to you and Rick for
disposition.
Thanks,
Karen
Karen Plessas
Radioactive Materials Program Manager
Office of Hazardous Materials Enforcement Pipeline and Hazardous Materials Safety
Administration
202-366-5267
-----Original Message----From:
Hunt, Jason H - DHS [mailto:Jason.Hunt@dhs.wisconsin.gov]
Sent: Wednesday, December 02, 2009 4:40 PM
To: Plessas, Karen (PHMSA)
Cc: Rogers, Cheryl K - DHS; Schmidt, Paul S - DHSi Sulas, Diana M - DHS
Subject: Interpetation Request
Karen
I know I had emailed you awhile back and I'm wondering if I can get a formal
interpretation by DOT of this requirement.
Rule Reference:
49 CFR 173.421 Excepted Packages for limited quantities of Class 7 (radioactive) materials
(2) The radiation level at any point on the external surface of the package does not
exceed 0.005 mSv/hour (0.5 mrem/hour) .
(3) The nonfixed (removable) radioactive surface contamination on the external surface of
the package does not exceed the limits specified in 49 CFR 173.443(a).
Radioactive Material Regulation Review - December 2008
I understand this states in the note that 'This document is for general guidance only and
must not be used to determine compliance with 49 CFR Parts 100-185.
Page 86
"This last requirement to ensure compliance with radiation and contamination limits of §§
173.441 and 173.443 does not require that surveys or direct measurement be made. Both
1

<<<PAGE 4>>>

sections give shippers latitude in their methods of ensuring compliance with the radiation
and contamination limits; procedures other than measurements, such as quality assurance
and qual control, are acceptable means of ensuring compliance. However, if a compliance
inspection during transportation determines that radiation or contamination levels exceed
the limit, the shipper is subject to a citation."
The question has arose in our office for Nuclear Medicine Departments that ship (without
any material except the empty pigs) ammo cans back to a radiopharmacy under 49 CFR 173.421
(Excepted Packages for limited quantities of Class 7 (radioactive) materials. The Nuclear
Pharmacy requires that the licensee ship these ammo cans back under 49 CFR 173.421.
Two questions:
1. Are the licensee's required to perform a survey (exposure or contamination) of these
ammo cans, being shipped back under 49 CFR 173.421? If no survey is required what does
DOT require, procedures (see guidance paragraph)? Is it then acceptable for the licensee
to do nothing with these ammo cans, understanding that if the contamination or exposure
exceeding the levels in 49 CFR 173.421 (2)&(3) they will be cited?
2. The licensee's have indicated that by the Nuclear Pharmacy requiring them to ship back
these empty ammo cans as Excepted for Limited Quantities of Class 7 (radioactive)
materials that they are in violation of 49 CFR 171.2. Is this a correct interpretation by
the licensees?
If I can provide any further clarification please let me know.
Jason Hunt
**********
NOTICE: This E-mail and any attachments may contain confidential information. Use and
further disclosure of the information by the recipient must be consistent with applicable
laws, regulations and agreements. If you received this E-mail in error, please noti the
sender; delete the email; a~.d do not use, disclose or store the information it contains.
Jason H Hunt
Radiological Emergency Preparedness
State of Wisconsin
Department of Health Services
Radiation Protection Section
1 West Wilson Street
Room 148
P.O. Box 2659
Madison, Wisconsin 53701-2659
(608) 266-9443 (Office)
(608) 219-7843 (Cell)
(608) 267 3695 Fax
Visit our Website at: http://dhs.wisconsin.gov/dph_beh/RadiatioP/Index.htm
2

## Provenance

- Official: Yes
- Source: <https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretations/2009/090286.pdf>
- Source ID: `phmsa`
- SHA-256: `848982e92a475448af50dc29f1a5675ef1d08902653719c215ddad9b1a918c36`
- Retrieved: 2026-08-20T00:59:31.977Z
- Exported: 2026-08-23T07:49:08.730Z
- Document slug: `phmsa-interpretation-09-0286`

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