{"operation":"document","citation":"05-0047","title":"Venture Lighting International, Inc. — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2006-02-03","effective_on":null,"summary":"05-0047 response to Venture Lighting International, Inc. concerning 173.29, 173.428.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-05-0047.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-05-0047.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-05-0047","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2005/050047.pdf","body":"<<<PAGE 1>>>\n\nFEB - 3 2006\nMr. Clinton M. Giannetti\nRef. No. 05-0047\nEHS Manager\nVenture Lighting International, Inc.\n32000 Aurora Road\nSolon, Ohio 44139\nDear Mr. Giannetti:\nThis responds to your March 4, 2005 letter requesting clarification on empty cylinders\nwhich previously contained radioactive material under the Hazardous Materials\nRegulations (HMR; 49 CFR Parts 171-180). Specifically, you ask if the requirements for\nempty packages contained in §§ 173.29 or 173.428 apply. In addition, you ask if the\ninternal contamination levels as specified in § 173.443 apply to your purged empty\ncylinders containing a noble gas or similar material that is not likely to leave\ncontamination.\nAccording to your letter, your company uses Type A packages (cylinders) containing an\nargon gas mixed with a small fraction of Krypton-85. Full cylinders are classified as a\nClass 7 material with a subsidiary Division 2.2 hazard under UN 2915. After the gas is\nremoved from these cylinders, the spent cylinders are purged/flushed with nitrogen gas\nmultiple times, and the internal pressure is relieved. The cylinders contain a pressure less\nthan 15 psi at 20° C, and no radioactivity above background levels can be detected at the\ncylinder surface. You also state that the hazardous material previously contained in the\ncylinder no longer meets the definition of a Class 7 material in §173.403 since it does not\nexceed the activity concentration limits in § 173.436. In addition, the hazardous material\npreviously contained in the purged cylinders does not meet the definition for a Divisior\n2.2 material as specified in $173.115(b)\n173.29(b)\n173.428\n050047\n\n<<<PAGE 2>>>\n\nI hope this answers your inquiry.\nSincerely,\n( Chief, Standards Development\nJohn A. Gale\nOffice of Hazardous Materials Standards\n\n<<<PAGE 3>>>\n\nDirector, Office of Hazardous Materials Standards\nU.S. DOT/RSPA (DHM-10)\n400 7th Street S. W.\nWashington, D.C. 20590-0001\nVenture Lighting International Inc. is requesting clarification regarding the shipment of empty cylinders\nwhich previously contained a radioactive noble gas mixture.\nIn our process we use type A cylinders containing an Argon gas mixed with a small fraction of Krypton-85.\nFull cylinders are classified as a Class 7 radioactive material and a Division 2.2 non-flammable gas, under\nthe UN number 2915. After the gas is removed from these cylinders, the spent cylinders are\npurged/flushed with nitrogen gas multiple times and the internal pressure is relieved.\nThe resultant cylinder contains a pressure ‹ 15 psi at 20 °C, and no radioactivity above background\nlevels can be detected at the cylinder surface. In addition, since it is a noble gas it is unlikely that any\ncontamination is present on the interior surfaces of the cylinder. This cylinder is to be sent back to the\nvendor for re-use.\nCalculations of any possible radioactive material inside the cylinder are well below the specified values in\n49 CFR 173.436 for the Krypton 85. Looking at the definition of Radioactive Material in 173.403, the\ncylinder described above no longer appears to meet this definition as it does not exceed the activity\nconcentration limits in 173.436. In addition, the purged cylinders do not appear to meet the definition for a\nDivision 2.2 material as specified in 173.115(b).\nAs it relates to these purged cylinders;\n1). Is it true that a material which does not meet the definition of a \"Radioactive Material\" in 173.403 is\nnot subject to the HMR requirements for Class 7 materials?\n2). Would 173.29 (b) apply to the purged cylinders described above?\n3). Would the cylinders as described above, be subject to the requirements of 173.428 instead of the\nrequirements of 173.29(b)?\n4). Do the limits for internal contamination specified in 173.443 apply to a cylinder that contained a noble\ngas or similar material which is not likely to leave contamination?\nYour assistance in providing clarification on these matters is very much appreciated\nSincerely,\nMinte\nClinton M Giannetti\nEHS Manager\nVenture Lighting International. Inc.","truncated":false,"body_characters":4044}