{"operation":"document","citation":"04-0199","title":"Office of Environmental Management, U.S. Department of Energy, EM-l1 — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2004-09-27","effective_on":null,"summary":"04-0199 response to Office of Environmental Management, U.S. Department of Energy, EM-l1 concerning 173.427.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-04-0199.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-04-0199.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-04-0199","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2004/040199.pdf","body":"<<<PAGE 1>>>\n\nOr resortions\nSEP 27 2004\n400 Seventh St., S.W.\nResearch and\nWashington, D.C. 20590\nSpecial Programs\nIdministratior\nMr. Dennis Ashworth\nReference No.: 04-0199\nDirector, Office of Transportation\nOffice of Environmental Management\n1000 Independence Avenue, SW\nJ.S. Department of Energy, EM-11\nWashington, D.C. 20585\nDear Mr. Ashworth:\nThis responds to your letter dated August 23, 2004 concerning the transport requirements\nfor low specific activity (LSA) Class 7 (radioactive) materials in § 173.427 of the\nHazardous Materials Regulations (HMR; 49 CFR parts 171-180). You state that DOE\ncurrently has an exemption, DOT-E 12469, which authorizes shipments of liquid LSA-II\n(radioactive) material, not exceeding an A2 quantity, in DOT Specification MC 312 and\nDOT 412 cargo tanks. You also state that the exemption expires on December 31, 2004\nand that DOE is trying to determine whether renewal of the exemption is required after\nOctober 1, 2004, when Docket No. RSPA-99-6283, (HM-230) titled \"Compatibility with\nthe Regulations of the International Atomic Energy Agency\" becomes effective. Your\nquestions are paraphrased and answered as follows:\nQ1. Is the transportation of liquid LSA-II (radioactive) material in non-specification\ncargo tanks authorized under the HMR, as revised by HM-230?\nAl. The answer is yes. As you correctly stated in your letter, § 173.427(b)(4) as revised\nunder HM-230, authorizes, for less than an A2 quantity, the use of any packaging that\nmeets the general packaging requirements in §§ 173.24, 173.24a and 173.410.\nQ2. Is transportation of liquid LSA-II (radioactive) material in cargo tanks equipped with\nbottom outlets authorized under the HMR, as revised by Docket HM-230?\nA2. The answer is yes. As stated above, § 173.427(b)(4) authorizes, for less than an A2\nquantity, the use of any packaging that meets the general packaging requirements in\n§§ 173.24, 173.24a and 173.410. Section 173.427(b)(4) does not prohibit the use of\n$173.427\n040199\n\n<<<PAGE 2>>>\n\nbottom outlets. If, however, liquid LSA-I (radioactive) material is shipped under\n\"exclusive use\" in one of the DOT specification tank cars or cargo tank motor vehicles\nauthorized under § 173.427(b)(5), for those packagings bottom outlets are not authorized.\nI trust this satisfies your request.\nSincerely,\nTitle z sittees\nHattie L. Mitchell\nOffice of Hazardous Materials Standards\nChief, Regulatory Review and Reinvention\n\n<<<PAGE 3>>>\n\nBetts\nOF\nNO-DEPA\nICAL ЗНАА\nDepartment of Energy\n$173.427\nWashington, DC 20585\nITED:\nTATES OF\nRAM\nAUG 1 ? 2004\n04-0199\nMr. Edward Mazzullo\nOffice of Hazardous Materials Standards, DHM-10\nResearch and Special Programs Administration\nU.S. Department of Transportation\n400 Seventh Street, S.W.\nWashington, D.C. 20590-0001\nDear Mr. Mazzullo:\nThe U.S. Department of Energy (DOE) is requesting a written clarification\nconcerning the transport requirements for low specific activity (LSA) class 7\nmaterials, as it relates to the shipment of liquid radioactive materials in cargo\ntankers.\nDOE currently has an exemption, DOT-E 12469, which allows shipments of\nLSA-II liquid, not to exceed A2 quantity, in DOT Specification MC 312 and DOT\n412 cargo tankers. This exemption expires on December 31, 2004. DOE is trying\nto determine if renewal of this exemption is required after October 1, 2004, when\nHM-230 (Hazardous Materials Regulations (HMR); Compatibility with the\nRegulations of the International Atomic Energy Agency) becomes effective.\n¡ The revised 49 CFR 173.427(b)(5) allows liquid LSA-I radioactive material to be\ntransported in particular specification cargo tankers that do not have bottom\noutlets. However, the revised 49 CFR 173.427(b)(4) also allows, for less than Az\nquantity, use of any packaging that meets 173.24, 173.24a, and 173.410. It\nappears that non-specification cargo tank with bottom outlets is authorized to be\n/ used if it is in compliance with 173.427(b)(4).\nDOE is requesting a response to the following questions:\n1. Is transportation of liquid LSA-II radioactive material in non-specification\ncargo tankeis allowed by the revised HMR?:\n2. Are cargo tankers with bottom outlets allowed by the revised HMR for\ntransporting liquid LSA-II radioactive material?\n…1..\nPrinted with soy ink on recycled paper\n...!!!;\n\n<<<PAGE 4>>>\n\n2\nA written clarification on this matter would be greatly appreciated. Please send\nresponse me at U.S. Department of Energy, EM-11, 1000 Independence Avenue,\nSW, Washington, D.C. 20585.\nIf you have any questions regarding this request for clarification, please call\nRichland Office, at (509) 372-0938.\nMr. Michael Conroy of my staff at (301) 903-2728 or Mr. Dennis Claussen, DOE\nSincerely,\nOur Citath\nDennis Ashworth\nDirector, Office of Transportation\nOffice of Environmental Management","truncated":false,"body_characters":4778}