{"operation":"document","citation":"02-0278","title":"Defense Logistics-Agency — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2002-11-13","effective_on":null,"summary":"02-0278 response to Defense Logistics-Agency concerning 173.427.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-02-0278.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-02-0278.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-02-0278","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2002/020278.pdf","body":"<<<PAGE 1>>>\n\nof Transportation\nU.S. Department\n400 Seventh St., S.W.\nSpecial Programs\nResearch and\nNOV 1 3 2002\nWashington, D.C. 20590\nAdministration\nMr. F. Kevin Reilly\nDefense Logistics Agency\nDirector, Environmental Management\nRef. No. 02-0278\nEt. Belvoir, Virginia 22060-6223\n8725 John J. Kingman Road, Suite\n3229\nDear Mr. Reilly:\nThis is in response to your letter dated October 10, 2002\nregarding the shipment of Radioactive material, low specific\nstrong tight bulk packaging (i.e., freight container) in\nactivity, n.o.s. (UN2912) that is packaged in a non-specification\nRegulations (HMR; 49 CFR Parts 171-180).\naccordance with S 173.427 (c) (1)of the Hazardous Materials\nwhether the material may be contained in inner non-bulk\nSpecifically, you ask\npackagings.\nnon-specification strong tight bulk packaging for Radioactive\nis yes.: Section 173.427(c) (1)authorizes the use of a\nmaterial, low specific activity, n.o.s. (UN2912).. The fact that\nthe material is further contained in non-bulk packagings is not.\nrelevant.\nI hope this information is helpful.\nSincerely,\nNote z. Michell.\nHattie L. Mitchell\nOffice of Hazardous Materials Standards\nChief, Regulatory Review and Reinvention\n173.427(c)\n020278\n2.\n\n<<<PAGE 2>>>\n\nBetts\nDEFENSE NATIONAL STOCKPILE CENTER\nDEFENSE LOGISTICS AGENCY\n8725 JOHN J. KINGMAN ROAD, SUITE 3229\n8/73.403\nFT. BELVOIR, VIRGINIA 22060-6223\n§ 734276\nIN REPLY\nREFER TO\nDNSC-E\nOCT 1 0 2002\nPackagings\n02-0278\nMr. Edward T. Mazzullo\nResearch and Special Programs Administration\nDirector, Office of Hazardous Materials Standards\nU.S. Department of Transportation\n400 7th Street, S. W.\nWashington, DC 20590-0001\nDear Sir,\nresponsibility of reducing the amount of material in the national strategic stockpile.\nThe Defense Logistics Agency, Defense National Stockpile Center, is charged with\nSome of these materials qualify as hazardous materials in accordance with Title 49 Parts\n171-180. I am writing to you to confirm our understanding of how these regulations can\nbe met for the shipment of a particular material we need to transport.\nThe material is a low level radioactive material, originally purchased from various\nrepresentative samples of the material lots and have determined that they do not meet the\nsources around the world in the 1950's and 1960's as Thorium Nitrate:; Werhave,tested\ndefinition of an oxidizer as specified in 49 CFR 173.127 and in accordance with the\nprescribed tests in the UN Manual of Tests and Criteria. Earlier guidance provided by\nmeets the definition of Low Specific Activity (LSA) as defined in 49 CFR 173.403 and\nyour office (letter of March 13, 2001, reference number 01-0064), states \"...if the material\ndoes not meet any other hazard class, it would be most appropriately described as\n\"Radioactive material, LSA, n.o.s.\" Therefore, we plan to ship the materials domestically\nas Radioactive material, low specific activity, n.o.s.\nWe will be shipping the material under exclusive use conditions and the total activity in a\n(drums) in which the materials are loaded are in impaired condition and will not qualify\npackage will always be less than A since this value is unlimited. The current packagings\nThe bulk packagings we propose to use are intermodal freight containers that are\nintermediate form of containment...\" Since the drums themselves are not strong tight\nPrinted on\nRecycled Paper\n\n<<<PAGE 3>>>\n\nof containment' that would negate shipping them inside a 'bulk packaging'.\npackages, we would like to confirm that they would not constitute an 'intermediate form\nPlease confirm our understanding that since the current packagings themselves are not\nstrong tight packages they would not constitute an 'intermediate form of containment' that\nwould negate shipping them inside a 'bulk packaging.\nSincerely,\nE. KEVIN REILLY\nDirector, Environmental Management\nAREA 703 767-6522","truncated":false,"body_characters":3846}