{"operation":"document","citation":"03-0160","title":"Los Alamos National Laboratory — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2003-08-14","effective_on":null,"summary":"03-0160 response to Los Alamos National Laboratory concerning 178.350.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-03-0160.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-03-0160.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-03-0160","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2003/030160.pdf","body":"<<<PAGE 1>>>\n\nof Transportation\nU.S. Department\nWashington, D.C. 20590\n400 Seventh St., S.W.\nSpecial Programs\nResearch and\nAUG 14 2003\nAdministration\nMr. Jim Johnston\nRef. No: 03-0160\nPackaging Engineer\nLos Alamos National Laboratory\nP.O. Box 1663, MS A194\nLos Alamos, NM 87545\nDear Mr. Johnston:\nThis is in response to your letter dated July 2, 2003 requesting clarification regarding the Class 7\n(radioactive) materials marking requirements under the Hazardous Materials Regulations (HMR;\n49 CFR Parts 171-180). Specifically, you expressed concern about packaging manufacturers\napplying the marking \"USA DOT 7A Type A\" and \"Radioactive Material\" to the outside of\nempty (unused) drums. You ask whether the markings may be applied by the user rather than the\nmanufacturer. You also ask whether the EMPTY label should be display on the drums when\nshipped from the manufacturer to your facility.\nIn response to your first question, the manufacturer function of placing the required specification\nmarkings on the packaging can be performed by the packaging manufacturer or by the user.\nPlacing the required DOT specification markings identified in § 178.350; that is, \"USA DOT 7A\nType A\" and \"Radioactive Material\", on the packaging certifies that the packaging was designed\nand constructed in full conformance with the requirements referenced in Part 173. Section 178.\n2(b)(2) states that a manufacturer of a packaging is primarily responsible for compliance with the\nPart 178 requirements. However, any person who performs a function prescribed in Part 178\nshall perform that function in accordance with this part. Therefore, by contractual agreement,\ncertification may be performed by the user. The user must have a copy of all documentation\nrequired to support that the packaging meets the DOT 7A specification. In either case, the user\nmust maintain the complete packaging documentation on file in accordance with § 173.415.\nand \"Radioactive Material\" that are being shipped from the manufacturer to your facility are not\nIn response to your second question, new or unused packagings marked \"USA DOT 7A Type A\"\nrequired to display an EMPTY label. However, we recommended that the marked packagings be\ntransported in closed freight containers or transport vehicles to avoid confusion to transport\nworkers and emergency response personnel. Also, as you may be aware, we proposed in a notice\nof proposed rulemaking to remove the \"Radioactive Material\" marking from Part 178.\nI hope this satisfies your request.\nstalke z mitchel\nHattie L. Mitchell, Chief\nRegulatory Review and Reinvention\nOffice of Hazardous Materials Standards\n178.350\n030160\n100062D\n\n<<<PAGE 2>>>\n\nBetts\n$178.350(b)\n•sAlamos\nRAM Marking\nNATIONAL LABORATORY\n03•0160\nDOC NO SUP-3: 03-003\nUS Department of Transportation\nResearch and Special Programs Administration\nAttn: Mr. Charles Betts, DHM-12\n400 Seventh Street SW\nWashington, D.C. 20590\nReference: Interpretation of USA DOT 7Z Type A and Radioactive Markings\n(178.350)\nJuly 2, 2003\nDear Mr. Betts,\nI had a conversation with Mr. Boyle, U.S. Department of Transportation,\nRadioactive Branch Chief on July 1, 2003 regarding the marking of DOT 7A\ndrums per 49 CFR 178.350 (b). Currently, radioactive [TYPE A] drums are\nordered from our east and west coast suppliers through a Los Alamos National\nLaboratory (LANL) generated Procurement Specification. This specification details\nthe specific Part 178 requirements for fabrication of the container. Due to post\n9/11 concerns, there was some discussion with your office about placing a\nmarking on an empty drum that stated the drum was \"USA DOT 7A TYPE A and\nRADIOACTIVE MATERIAL\" when in fact, the drum was empty. The concern is,\nwhat direction should we be giving themanufacturers about applying this marking\nwhen the drum is empty and, if the empty marking is to be used, do we specify\nthat in bound empty drums that are marked USA DOT 7A TYPE A and\nRADIOACTIVE MATERIAL contain an \"empty label\"?\n- We currently have a large stock of 55-gallon and 30-gallon drums that have the\nrequired 7A marking (but in label form). The marking is applied by the user when\nhe certifies that the shipment is in proper condition for transportation. Per my\ndiscussion with MR. Boyle this afternoon, he stated he did not have a problem\nwith the shipper applying this marking as a label provided the pedigree of the\ncontainer is in order and the intended use of the container is followed (i.e. Type A\nmaterial only).\nPO Box 1663, MZ A194\nLos Alamos, NM 87545\n\n<<<PAGE 3>>>\n\nJuly 2, 2003\nPage 2\nYuppofficial concurrence is requested. Thank you in advance for you continued\nRegards,\nJim Johnston\nPackaging Engineer\nLos Alamos National Laboratory\nPO Box 1663, MS A194\nLos Alamos, NM 87545\n(505) 665-5293 Bus\n(505) 665-8873 Fax\nxc: LANL Counsel\nNate King\nCarol Smith, GL\nRecords Mgt\nPO Box 1663, MZ A194\nLos Alamos, NM 87545","truncated":false,"body_characters":4868}