{"operation":"document","citation":"04-0284","title":"Mr. Paul Reamy — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2005-02-28","effective_on":null,"summary":"04-0284 concerning 173.448, 175.700.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-04-0284.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-04-0284.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-04-0284","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2004/040284.pdf","body":"<<<PAGE 1>>>\n\n.S. Depanmen\nof Transportation\n400 Seventh St., S.W.\nWashington, D.C. 20590\nSpecial Programs\nResearch and\nAdministration\nFEB 28 2005\nMr. Paul Reamy\nRef. No. 04-0284\n504 Misty Lane\nN. Fort Myers, FL 33903\nDear Mr. Reamy:\nThis responds to your December 7, 2004 letter requesting clarification on transporting Class\n7 radioactive materials under the Hazardous Materials Regulations (HMR; 49 CFR Parts\n171-180). Specifically, you ask how to properly ship Class 7 radioactive materials that are\nnot intended for use in or incident to, research, medical diagnosis or treatment by passenger\naircraft under the HMR.\nAs your letter notes, radioactive materials that do not exceed a transport index or criticality\nsafety index of 3.0 and intended for use in or incident to research, medical diagnosis, or\ntreatment may be transported on board passenger-carrying aircraft in accordance with\n§§ 173.448(f) and 175.700(c).\nHowever, § 175.700(c) does provide exceptions for the radioactive materials that are shipped\nin accordance with §§ 173.4, 173.422 and 173.423. Radioactive materials that are packaged\nin accordance with §§ 173.4, 173.422, or 173.423 may be shipped by passenger carrying\naircraft, and are not subject to any other requirements of the HMR, including §§ 173.448(f)\nand 175.700(c).\nI hope this answers your inquiry.\nSincerely,\nChief, Standards Development\nOffice of Hazardous Materials Standards\n173.448\n175.700\n040284\n\n<<<PAGE 2>>>\n\nBoothe\nDecember 7, 2004\n5173.448\nMr. Edward T. Mazullo, Director\n$175,700\nOffice of Hazardous Materials Standards, DHM 10\n400 7* Street SW\nResearch and Special Programs Administration\nRAM\n04-0284\nWashington, DC 20590\nDear Ed;\nThis correspondence is in relation to 49 CFR 173.448 and 49 CFR 175.700.\nSection 173.448(f) clearly states that \"no person shall offer for transportation or transport\nintended for use in, or incident to research, medical diagnosis or treatment\".\naboard a passenger aircraft any Class 7 (radioactive) material unless that material is\nSection 49 CFR 175.700 © contains the exact same language except that if the material is\npackaged in accordance with 49 CFR 173.4, 173.422 and 173.423 the air carrier may\ntransport the Class 7 (radioactive) material on a passenger aircraft.\nPlease note that section 173.448(f) does not provide for the same packaging exceptions as\ndoes 175.700 C.\nMy first question is, how does the shipper of the Class 7 (radioactive) material offer a\nClass 7 (radioactive) material to a carrier that is OTHER THAN a Class 7(radioactive)\nmaterial that is intended for use in, or incident to, research, medical diagnosis or\ntreatment? Example: Exit signs for aircraft from the manufacturer to the user.\nMy second question relates to 49 CFR 173.422 (b).\nIt the shipper of the same Class 7 (radioactive) material, packages the Class 7\nradioactive material in accordance with 173.422(b), is the shipment then only subject t\n73.422(b)(1-3) and therefore would not be subject to 173.448 (for any other part o\nsubchapter C and may be offered and transported on a passenger aircraft?\nA prompt response to this matter would be greatly appreciated.\nEd, we did survive 4 hurricanes and we are still putting things back together. But we are\nsafe.\nA Merry Christmas to you and your entire staff.\nPaul Reamy\n504 Misty Lane\nN. Fort Myers, Florida 33903\n(239) 656 7005 or (239) 426 1657","truncated":false,"body_characters":3366}