{"operation":"document","citation":"00-0248","title":"H&G Inspection Company, Inc. — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2000-09-26","effective_on":null,"summary":"00-0248 response to H&G Inspection Company, Inc. concerning 173.25.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-00-0248.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-00-0248.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-00-0248","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2000/000248.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department\n400 Seventh Street. S.W.\nof Transportation\nWashington, D.C.\n20590\nResearch and\nSpecial Programs\nSEP 2.6 2000\nAdministration\nMr. Craig Konieczny\nRef. No. 00-0248\nH&G Inspection Company, Inc.\nP.O. Box 721856\nHouston, Texas 77272\nDear Mr. Konieczny:\nThis is in response to your August 31, 2000 letter requesting clarification regarding the\nrequirements for an overpack under the Hazardous Materials Regulations (HMR; 49 CFR Parts\n171-180). You state that you transport radioactive exposure devices that, in themselves, are\napproved Type B containers. The devices are packed in open containers (tupperware type\nwithout a lid) to prevent movement during transportation to a job site in your enclosed company\ntrucks. You state that the hazard warning label on an exposure device is partially visible inside\nthe unlabeled open-top tupperware type container. You state that you believe the tupperware\ncontainer is not required to be labeled because it does not qualify as an overpack as defined in\n§ 171.8 and because the device is not being offered for transportation to another carrier. Your\ncompany was cited by the State of Utah for not marking and labeling an overpack in accordance\nwith § 173.25(a) of the HMR. Specifically, you ask whether your open tupperware type\ncontainer qualifies as an overpack.\nThe answer is yes, based on the information provided to this office. An overpack, as defined in\n§ 171.8, means an enclosure used by a single consignor to provide protection or convenience in\nhandling of a package or to consolidate two or more packages. Each inner package must be\nmarked and labeled in accordance with the HMR. In addition, when an overpack is used, it must\nbe marked with the proper shipping name and identification number, and labeled for each\nhazardous material it contains unless the markings and labels representative of each hazardous\nmaterial in the overpack are visible. The overpack must also be marked with a statement\nindicating that inside (inner) packages comply with prescribed specifications when specification\npackaging are required.\nLastly, a company falls within the scope of the HMR if it transports hazardous materials for\ncommercial purposes, such as retail sale, or for furtherance of a commercial endeavor, such as\nsupplies used in operation of the business: A private carrier is required to comply with the\nrequirements contained in the HMR unless a specific exception is provided. Hazard warning\nlabels and package markings are used to communicate the hazards of the hazardous material\ncontained within the package not only to carrier personnel but also to enforcement and\nemergency responders when hazardous materials are involved in transportation incidents.\n173,25\n000248\n\n<<<PAGE 2>>>\n\nI hope this information is helpful. If we can be of further assistance, please contact us.\nSincerely,\nHottie z. Mithel\nHattie L. Mitchell, Chief\nRegulatory Review and Reinvention\nOffice of Hazardous Materials Standards\ncc: Ms. Gwyn Galloway\nUtah Radiation Control Board\n\n<<<PAGE 3>>>\n\n013.\nH & G INSPECTION COMPANY, INC.\nP.O. BOX 721856 • 281-498-6517\nHOUSTON, TEXAS 77272\nPackagings\nOverpacks\nACTION\nRAM\nAugust 31, 2000\nis assigned to\nTESPA\n00-0243\nU.S. Department of Transportation\n400 Seventh Street, S.W.\nS10\nWashington, D.C. 20590\nTo Whom It May Concem:\nH&G Inspection Company, inc., is an industrial radiography firm headquartered in\nHouston, Texas, with offices across the country. We have recently been working in Utah\nQuality (UDEQ) over a supposed breach of U.S. DOT requirements. H&G believes that\nwhere we received a notice of violation from the Utah Department of Environmental\nthe violation is unwarranted, based upon our interpretation of the existing federal\nregulations.\nThe regulations in question relate to the transport of radioactive material in \"overpacks\".\nH&G transports radioactive exposure devices in the back of enclosed company trucks\nThe devices do not require an overpack for transportation to our job site, but we routinely\nmovement during shipment. The exposure device is properly labeled (it is an approved\nuse an open container (tupperware type without a lid) to place the device in to prevent\nType B container itself, and still partially visible. Our container is not labeled as such,\nbut we hardly think it classifies as an overpack.\nThe State of Utah an H&G Inspection has agreed to wait for a written ruling on the\ninterpretation of the regulations from the U.S. DOT in this matter for final arbitration.\nEnclosed is a copy of their initial write-up to H&G, and our response. Thank you for your\ntime in this matter.\nSincerely,\nGanet\nCraig Konieczny\nCorporate Assistant\nRadiation Safety Officer\nEvanston, Wyoming\nBloomfield, New Mexico\nElgin, South Carolina\n(307) 789-0804\n(505) 632-2700\n(803) 438-7567\n\n<<<PAGE 4>>>\n\nJuly 25, 2000\nH & G Inspection Company, Inc.\nPage 2\nPlease note, this violation was previously cited in a Notice of Violation dated July 30, 1999. The\nviolation occurred while in the State of Utah under reciprocity with Radioactive Materials License\nRadioactive Materials Bureau. This is the second time this item of noncompliance has been\nNo. IR192-16 issued by the State of New Mexico, Environment Department, Hazardous &\nidentified. We now expect. you to pay particular attention to corrective action which will be taken\nto avoid noncompliance.\nUTAH RADIATION CONTROL BOARD\nWilliam J. Sinclair, Executive Secretary\nCC:\nGary L. Edwards, M.S., C.H.E.S., Health Officer/Director\nSouthwest Utah Public Health Department\nColorado Department of Public Health and Environment\nRadiation Control Division","truncated":false,"body_characters":5615}