{"operation":"document","citation":"04-0159","title":"Chenega Technology Services Corporation — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2004-10-25","effective_on":null,"summary":"04-0159 response to Chenega Technology Services Corporation concerning 172.203.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-04-0159.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-04-0159.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-04-0159","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2004/040159.pdf","body":"<<<PAGE 1>>>\n\nOCT 25 2004\nU.S. Department\nof Transportation\n400 Seventh St., S.W.\nWashington, D.C. 20590\nResearch and\nSpecial Programs\nAdministration\nMr. Christopher Purdom\nReference No.: 04-0159\nSystems Technology Trainer\nChenega Technology Services Corporation\nNEEMR/Customs and Border Protection\n10720 Richmond Highway, Suite H\nLorton, VA 22079\nDear Mr. Purdom:\nThis responds to your letter requesting clarification of the shipping paper requirements\nfor a Radioactive material in § 172.203 of the Hazardous Materials Regulations (HMR;\n49 CFR parts 171-180). Your questions are paraphrased and answered as follows:\nQ1. Is a shipper required to list on the shipping paper only those radioactive isotopes that\nare listed on the package label?\nmaterial on a shipping paper to include the name of each radionuclide in the material tha\nus Is not always the case. Section 172.203(d) requires the description of a Radioactiv\nexceptions: 1) in the case of LSA-I materials, the term \"LSA-I\" may be used on the labe\nin place of the names of the radionuclides; and 2) in the case of mixtures of\nradionuclides, the HMR recognize that space on the label may limit the number of\nradionuclides that can be listed.\nWe moved the shipping paper and labeling requirements for radioactive materials in\n§ 173.433 from paragraph (f) to paragraph (g) in a final rule published January 26, 2004\n(RSPA Docket No. 99-6283 (HM-230); 69 FR 3677), but failed to update the references\nin §§ 172.203(d)(1) and 172.403(g) (1). This will be corrected in a future rulemaking.\nmust be listed on the Radioactive label?\nQ2. Which radionuclides need not be considered when determining radionuclides that\n040159\n172.203 (d)\n\n<<<PAGE 2>>>\n\nA2. For mixtures of radionuclides, you must use the formula in § 173.433(g) to\ndetermine which radionuclides in the mixture need not be listed on shipping papers and\nlabels. The formula requires you to include enough of the radionuclides present to\naccount for at least 95% of the total \"hazard\", where the \"hazard\" for radionuclide \"i\" is\ndetined as the ratio of the activity (ai) in the package to its corresponding A1 (special\ntorm) or A2 (normal form) value. Thus, you may omit listing radionuclides if the sum of\nai)/Ai) of those omitted is no more than 5% of the sum of a yA(i) for all radionuclides in\nthe package. Also see answer Al above.\nQ3. What does the term \"mixture\" mean?\nA3. The term \"mixture\" is defined in § 171.8 to mean \"a material composed of more\nthan one chemical compound or element.\" In the case of a radioactive material shipment,\nfor purposes of determining which isotopes to include in the shipping description and on\nthe labels, and to calculate most of the effective basic radionuclide values (A, for the\npackage, A2 for the package, and the exempt consignment activity) in § 173.433,\n\"mixture\" refers to the combination of different radionuclides in the same package or\nconsignment, even when they are separated physically from one another.\nI trust this satisfies your request.\nSincerely,\nThate r mithel\nHattie L. Mitchell\nChief, Regulatory Review and Reinvention\nOffice of Hazardous Materials Standards\n\n<<<PAGE 3>>>\n\nCorbin\n10720 N. Richmond Hwy\nSuite H\nLorton, VA 22079\n§172.2030)\n(703) 493-8001 ext. 115\nShipping Papers\nJune 23, 2004\n04-0159\nMr. Edward T. Mazzullo\nDirector, Office of Hazardous Materials Standards\n400.7th Street S.W.\nU.S. DOT/RSPA (DHM-10)\nWashington, D.C. 20590-0001\nDear Mr. Mazzullo:\nSubject: Formal Clarification Request Concerning CFR 49 Part 172.203 (D)\nI recently contacted the Hazmat Information Center concerning the listing of radioactive isotopes on\nreceived a call on Wednesday June 23, 2004 from Kurt of the Hazmat Information Center stating that\nlabels and the shipper's declaration. I requested a formal clarification on Monday June 21, 2004. |\nradio nuclides must be listed on shipper's declaration as there are no space considerations. As stated\nin previous communications, this issue is at odds with two national radiation safety training classes.!\nforwarded Kurt's response to the other party, someone who certifies personnel to ship and receive\nradioactive materials. His response is:\nThanks for the info. Since 172.203 Paragraph D sub-paragraph 2 refers the reader to\n173.433(f) [for mixtures], this section clearly states that there may be radio nuclides in the\nmixture \"that do not need to be considered\". That is not to say that they are not detectable, just\n:.. declare them. Thus my comment in the class that the radio nuclides on the label should be the\nthat the hazard relative to other radio nuclides is so low that the shipper does not need to\n* same as those indicated on the shipping paper to avoid confusion., While I applaud the work\nperformed by Customs and others in the name of security, a little judgment is necessary in\nhelp people do their job, but should not be used to replace humans us\ndeciding action to be taken. when scanning packages or containers, Instruments are a tool to\n120.\nHis comments seem directly at odds with what the DOT Hazmat Information Center has informally told\nconstitutes radio nuclides \"that do not need to be considered\"? To me, the radio nuclides that do not\nme twice now.\nSo I do request formal clarification based on the information. Furthermore, what\nnot produce X-Rays through the bremsstrahlung effect that would be detectable outside the package.\nneed to be considered would be PURE alpha emitters and beta emitters packaged so that they would\nshielding. Uranium is able to be detected and identified by its gamma signature even though it is well\nAny gamma or neutron emitter would be able to be detected outside of the package even with\nshielded. Uranium has a very small gamma signal.\nThe first call on Monday June 21, 2004 stated that if the nuclide is on the table in CFR 49 Part 173.435,\nthat the words \"do not need to hs considered\" appear... However, CFR, 49 173.433 (f) refers to a\nbe listed in accordance with CFR 49 Part 172.203. He also referenced CFR 49 173.433 (f). It is here\nmixture. Does it apply to radioactive materials shipped in one package? What constitutes a \"mixture\"?\nIt is imperative that this issue be cleared.\n\n<<<PAGE 4>>>\n\n• Page 2\nJune 23, 2004\nTo summarize:\nshipper's declaration when compared to the package label.\nA formal clarification is requested concerning CFR 172.203 (d) concerning what must be listed on the\nThe questions are:\n1) Is a shipper only required to list on the shipper's declaration the radioactive isotopes listed on the\npackage label?\n2) What radio nuclides do not need to be considered when determining what must be listed on a label?\nA) Does this specification relate to the shipper's declaration?\n3) Does the term \"mixture\" apply to radioactive isotopes shipped in one container or must the isotopes\nbe physically mixed?\nCFR 49 Part 172.203 (d).\nThe answers to these questions impact those shipping the radioactive\nmaterials as well as those looking for the radioactive materials in shipments.\nI genuinely thank the DOT Hazmat Information Center for their time, efforts, and responses but do\nbelieve that a formal clarification is needed in order to ensure common interpretation through out the\nUnited States and abroad.\nCR: M.,\nChristopher Purdom\nSystems Technology Trainer\nNEEMR/Customs and Border Protection\nChenega Technology Services Corporation","truncated":false,"body_characters":7337}