{"operation":"document","citation":"00-0213","title":"APS — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2000-12-04","effective_on":null,"summary":"00-0213 response to APS concerning 173.448.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-00-0213.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-00-0213.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-00-0213","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2000/000213.pdf","body":"<<<PAGE 1>>>\n\n•\nof Transportation\nU.S. Department\n400 Seventh Street, S.W.\nWashington, D.C\n20590\nSpecial Programs\nResearch and\nAdministration\nDEC - 4 2000\nMr. Donald Leith\nAPS\nRef. No. 00-0213\nMail Station 7902\nP.O. Box 52034\nPhoenix, AZ 85072-2034\nDear Mr. Leith:\nThis is in response to your letter dated July 28, 2000, regarding the overpacking of packages of\nyou any inconvenience.\nClass 7 (radioactive) material. I apologize for the delay in responding, I hope it has not caused\n•\nIn your letter you describe a scenario where an overpack contains two packages of Class 7\nmaterial that are appropriately labeled RADIOACTIVE YELLOW-II. Based on the requirements\nof 49 CFR 173.448(g)(1) and 172.403 the overpack is labeled RADIOACTIVE YELLOW-III.\nBased on that scenario you ask the following questions, which are paraphrased below for ease of\nresponse:\nQ1)\nFor the above described scenario, is the transport vehicle required to be placarded, and\nshould the category of labels and transport index described on the shipping papers be\nthose of the inner packages or the overpack?\nAl)\nIn accordance with the requirements of § 172.504(a), any quantity of radioactive material\nlabeled RADIOACTIVE YELLOW III must be transported in a freight container, unit\nLoad device, transport vehicle or rail car that is placarded RADIOACTIVE. Therefore, a\ntransport vehicle carrying an overpack that is labeled RADIOACTIVE YELLOW-III,\neven though it contains packages of radioactive materials that are labeled\nRADIOACTIVE YELLOW-II or WHITE-I, is required to be placarded in accordance\nwith § 172.504.\nSection 172.203(d) requires that the shipping paper for each package of radioactive material must\ninclude the activity level, the category of label applied to each package, and the transport index\nassigned to each package. For the scenario described above, that information must be based on\nthe individual packages contained in the overpack and not a summation of all the packages\nwithin the overpack. For example, in the scenario above, you must identify the presence of two\nRADIOACTIVE YELLOW-II labeled packages and not one RADIOACTIVE YELLOW-III\nlabeled package.\n\n<<<PAGE 2>>>\n\n1\nQ2)\nIf the overpack does dictate hazard.communication, does it affect how you determine if a\npackage contains a reportable quantity?\nA2)\nUnder § 171.8, a hazardous substance is defined as a material, including its mixtures and\nsolutions, that: (1) is listed in: Appendix A to § 172.101 of the HMR; (2) is in a quantity,\nin one package, which equals or exceeds its reportable quantity (RQ); and (3) is in a\nconcentration by weight which equals or exceeds the concentration corresponding to the\nRQ of the material, as shown in the table under § 171.8. Under the scenario described\nabove, you must evaluate each inner package separately to determine if it contains a\nhazardous substance. You do not sum the activities of the radionuclides contained in\neach inner package of the overpack to determine whether there is a reportable quantity of\na hazardous substance.\nQ3)\nDoes § 173.448(g) overrule §§ 173.25(a) and 173.400(a), which exempts overpacks from\nlabeling requirements if the labels on the inner packagings are visible?\nA3)\nYes.\nI hope this information is helpful.\nSincerely,\nThe\noma D. Allan\nThomas G. Allan\nSenior Transportation Regulations Specialist\nOffice of Hazardous Materials Standards\n\n<<<PAGE 3>>>\n\n•40 14: 08 PYNGS RP TECH SUPPRT\nGAPS\nA subsidiary of Pinnacle West Capiral Corparadian\nTitle: RP Technical Advisor Sr.\nName: Donald T. Leith\nGenerating Station\nPalo Verde Nuclear\nTol. 623-393-5109\ne-mail deith@apsc.com\nFax B23-393-6275\nJuly 28, 2000\n00-0213\nMr. Edward Mazzullo, Director\nOffice of Hazardous Material Standards\nU.S. Department of Transportation\nDear Sir,\nAPS respectfully requests an interpretation of the general transportation requirements of 49 CFR\nmaterials.\n173.448(g) for labeling an overpack used to consolidate individual packages of Class 7 radioactive\noriginal manufacturer. Each source consists of 600 mCi of Co-137. Each source is contained in an\nAPS is currently preparing to transport two radioactive sources in a vendor supplied overpack to the\nintegral housing, both of which are appropriately certified as DOT Spec 7A Type A general\npackagings. Each housing is packaged, marked, and labeled in accordance with the requirements of\nbased on each having a maximum surface radiation level of 30 mrem/hr and a transport index of 0.8.\nSubchapter C, per Part1 73.448(g). Accordingly, each housing bears the Radioactive Yellow-II label,\nThey are being transported as Radioactive Material, n.o.s., UN 2982. Both source housings are\nin accordance with Subpart D of Part 172 and 49 CFR 173.25(a).\nmechanically secured to the inside base of a plywood overpack for shipment. The overpack is marked\nPer the requirements of 49 CFR 173.448(g)(1), the overpack must be labeled as prescribed in Part\n172.403 with noted exceptions. Since each inner package contains the same radionuclide, the\n\"contents\" entry is Cs-137. The sum of the Becquerels (Curies) contained within, for the \"activity\"\nentry, is 44.4 GBq (1.2 Ci). The question arises with the determination of the transport index for the\nsummed per Part 173.448(g)(1XA), or the transport index is measured in accordance with Par\nverpack and the resultant category of labels. If the transport index values for the inner packages ar‹\n173.448(g)(1)(B), the result is a transport index for the overpack of 1.6 or 1.2 respectively. Either\ntransport index appears to require Yellow-Ill labels on the overpack and to require the conveyance to\nfor convenience of handling, can the overpack dictate the hazard communications? Should the\nbe placarded. Since an overpack is not a \"packaging\", but an enclosure used to consolidate packages\ncategory of labels and transport index described on the shipping papers be those of the inner packages\nor the overpack? If the overpack does dictate the communications, does the Yellow-III label with a\ntotal activity of 1.2 Ci of Cs-137 require the communication of a reportable quantity of radionuclides?\nAnd finally, does Part 173.448(g) overrule Parts 173.25(a) and 172.400(a), which exempts overpacks\nfrom labeling requirements if the labels on the inner packages are visible?\nSincerely,\n- overpack\nSanell T. Self\nDonald T. Leith\nFollows the principle that a\nsuperb he lane,\nFred + Wencell\n\n<<<PAGE 4>>>\n\nJUL 28 'Ø0 10:08 PVNGS RP TECH SUPPRT\n1=,=\nBAPS\nGale Gorsky\nA subsidiary of Pinnacle Wess Capical Carporaton\nName: Donald T. Leith\nTitle: RP Technical Advisor Sr.\nTel. 623-393-5109\ne-mail deith@apsc.com\nFax 823-393-6275\nPO Box 52034\n00-0213\nJuly 28, 2000\nMr. Edward Mazzullo, Director\nOffice of Hazardous Material Standards\nU.S. Department of Transportation\nDear Sir,\nAPS respectfully requests an interpretation of the general transportation requirements of 49 CFR\nmaterials.\n173.448(g) for labeling an overpack used to consolidate individual packages of Class 7 radioactive\nAPS is currently preparing to transport two radioactive sources in a vendor supplied overpack to the\noriginal manufacturer. Each source consists of 600 mCi of Cs-137. Each source is contained in an\nintegral housing, both of which are appropriately certified as DOT Spec 7A Type A general\npackagings. Each housing is packaged, marked, and labeled in accordance with the requirements of\nbased on each having a maximum surface radiation level of 30 mrem/hr and a transport index of 0.8.\nSubchapter C, per Part173.448(g). Accordingly, each housing bears the Radioactive Yellow-It label,\nThey are being transported as Radioactive Material, n.o.s., UN 2982. Both source housings are\nmechanically secured to the inside base of a plywood overpack for shipment. The overpack is marked\nin accordance with Subpart D of Part 172 and 49 CFR 173.25(a).\nPer the requirements of 49 CFR 173.448(g)(1), the overpack must be labeled as prescribed in Part\n172.403 with noted exceptions. Since each inner package contains the same radionuclide, the\n\"contents\" entry is Cs-137. The sum of the Becquerels (Curies) contained within, for the \"activity\"\nentry, is 44.4 GBq (1.2 Ci). The question arises with the determination of the transport index for the\noverpack and the resultant category of labels. If the transport index values for the inner packages are\nsummed per Part 173.448(g)(I)(A), or the transport index is measured in accordance with Part\n173.448(g)(1)(B), the result is a transport index for the overpack of 1.6 or 1.2 respoctively. Either\nbe placarded. Since an overpack is not a \"packaging\", but an enclosure used to consolidate packages\ncategory rab and traverpat in does discied comications dre bet elow. abel packages\nAnd finally, does Part 173.448(g) overrule Parts 173.25(a) and 172.400(a), which exempts overpacks\nfrom labeling requirements if the labels on the inner packages are visible?\nSincerely,\nDueld T. Swith\nDonald T. Leith","truncated":false,"body_characters":8895}