{"operation":"document","citation":"05-0052","title":"Duratek Training Services — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2005-04-13","effective_on":null,"summary":"05-0052 response to Duratek Training Services concerning 173.25.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-05-0052.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-05-0052.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-05-0052","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2005/050052.pdf","body":"<<<PAGE 1>>>\n\n.S. Departmer\nf Transportatic\nWashington, D.C. 20590\n400 Seventh Street, S.W.\nPipeline cind\nHazardous Materials Safety\nAdministration\nAPR 1 3 2005\nMs. Kathryn Pacha\nRef. No. 05-0052\nTraining Services Manager\nDuratek Training Services\n140 Stoneridge Drive, Suite 500\nColumbia, South Carolina 29210\nDear Ms. Pacha:\nThis is in response to your letter dated March 2, 2005 regarding the overpacking of packages of\nClass 7 (radioactive) material under the Hazardous Materials Regulations (HMR; 49 CFR Parts\n171-180).\nIn your letter you describe a scenario where multiple drums have been placed onto a pallet.\nSpecifically, you state that two packages of limited quantity Class 7 (radioactive) material and\ntwo packages of Class 7 (radioactive) material that are appropriately labeled RADIOACTIVE\nYELLOW-II have been place onto a pallet. Based on your scenario you ask the following\nquestions, which are paraphrased and answered below:\nQ1)\nFor the above described scenario, would multiple drums placed on a pallet for shipment\nbe considered an overpack?\nA1)\nThe answer is yes. An overpack, as defined in § 171.8, means an enclosure used by a\nsingle consignor to provide protection or convenience in handling of a package or to\nconso idate two or more packages. Each inner packaging must be marked and labeled ir\naccordance with the HMR. In addition, when an overpack is used, it must be marked with\nthe proper shipping name and identification number, and labeled for each hazardous\nmaterial it contains unless the markings and labels representative of each hazardous\nmaterial in the overpack are visible. When the markings and labels representative of each\nhazardous material in the overpack are not visible, and the overpack contains one or more\npackages of Class 7 (radioactive) material, then in addition to the labels for any other\nhazard classes present, a single radioactive label is required to be placed on the overpack\nin accordance with the requirements of § 172.403(h). The overpack must also be marked\nwith the word \"OVERPACK\" when specification packagings are required, unless\nspecification markings on the inside packages are visible. Alternatively, until October 1,\n2007, the overpack may be marked with a statement indicating that the \"inside (inner)\npackages comply with prescribed specifications.\"\n173.25\n050052\n\n<<<PAGE 2>>>\n\nQ2) If the answer to question Ql is yes, would the dose rate apply to the individual drums?\nA2)\nThe ariswer is yes, with the caveat that if a radioactive label is needed for the overpack,\nthe category of the overpack radioactive label may depend on individual package dose\nrates as well. Paragraphs 172.203(d)(4) and (d)(5) require both the category of radioactive\nlabel and the transport index (TI) to be listed in the shipping description for each\nindividual package on the shipping paper. Package dose rates are used to determine the\n(TI) ard category of radioactive label for individual packages. (The TI is the\ndimensionless number equivalent in numerical value to the maximum dose rate in\nmrem/hour at one meter from the package.) The category of label for an individual\npackage is determined from a combination of its maximum surface dose rate and its TI\nNote that for the example in the above scenario, you must identify the presence of the two\nRADIOACTIVE YELLOW - II labeled packages on the shipping paper, but are not\nrequired to do so for the two limited quantity packages, unless these contain a hazardous\nsubstance or a hazardous waste.\nIn addition, when the markings and labels representative of each hazardous material in\nthe overpack are not visible, and the overpack contains one or more packages of Class 7\n(radioactive) material, a single radioactive label must be placed on the outside of the\noverpack. In accordance with § 172.403(h), the category of label for the overpack is\ndetermined on the basis of the maximum surface dose rate of the overpack and either the\nsum of the individual package TIs or, in the case of a rigid overpack, one has the option\nof mezsuring the 11 of the overpack. Therefore, if the choice is made to measure the TI of\nthe overpack, one need not know any individual package dose rates in order to determine\nthe category of radioactive label for the overpack.\nQ3) When a rigid overpack is used, would the issue of what label to apply become applicable?\nA3) The answer is yes. Section 172.403 requires that the category of the Class 7 label for the\noverpack must be determined from the table in § 172.403(c) using the TI derived\naccording to the maximum radiation at the surface and the following:\n• The TI must be determined by adding together the transport indices of the\nClass 7 (radioactive) materials packages contained therein (see Q2 above),\nexcept\n• For a rigid overpack, the TI may alternatively be determined by direct\nmeasurement as prescribed in § 173.403 under the definition for\n\"transport index,\" taken by the person initially offering the packages\ncontained within the overpack for shipment.\nQ4)\nIf a non-rigid overpack is used, would the option of applying a label and determining a\nnew dose rate be non-applicable, as long as the markings and labels are visible?\nA4)\nThe answer is yes.\n\n<<<PAGE 3>>>\n\nI hope this information is helpful.\nSincerely,\nSusan Gorsky\nActing Director Hazardous Materials Standards\nOffice of Hazardous Materials Standards\n\n<<<PAGE 4>>>\n\nBetts\n8/73.25\nGale, John <PHMSA>\nDrerpacks\nSent:\nFrom:\nKathryn Pacha [kwpacha@duratekinc.com]\n05-0052\nSubject:\nTo:\nWednesday, March 02, 2005 4:47 PM\nFerate, Fred <PHMSA>\nRequest for Clarification\nHope this finds you well. I would like a clarification on the use of overpacks and TIs,\nif you would be so kind.\nare placed or stacked onto a load board\nDefinition of Overpack in 49CFR171.8 states that an overpack is \"one or more packages that\nwrapping, stretch wrapping, or other suitable means\"\nsuch as a pallet and secured by strapping, shrink\nan overpack? By defintion it would.\nQuestion: If I have multiple drums and place them on a pallet for shipment would this be\ndose rates still\nstill apply to individual containers if I use a non-rigid overpack?\nSo, the drums are the individual\npackages and the\nthis a correct interpretation?\nIn the scenerio above lets say I have 2 LQ's and 2 Yellow Il's and put them on a pallet\nfor shipment and this is now an overpacked shipment.\nthe Ll's would be affected by the presence of the Yellow II's on the pallet and since this\nThe dose rates for the overpack for\nis an overpack would it change my DOT characterization for shipment?\nnew dose rate is\nAgain, if I use a non-rigid overpack then the option of applying a label and determinig a\nnarkings and labels are visible\nnon-applicable.\nthrough the method/material used for overpacking.\nEach package remains a separate package as long as the\nthen need to re-evaluate my characterization or do I apply labels in conformance with the\nIf I use a rigid overpack, then the issue of what label to apply becomes applicable.\npackages that\nare labeled and include the required statement \"All in packages comply....\"\nI would appreciate any guidance. Thank you.\nKathryn Pacha, CET, CIT\nTraining Services Manager\n803-758-1870\nDuratek Training Services\nkwpacha@duratekinc.com","truncated":false,"body_characters":7230}