{"operation":"document","citation":"05-0074","title":"U.S. Department of Energy — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2005-05-03","effective_on":null,"summary":"05-0074 response to U.S. Department of Energy concerning 173.412.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-05-0074.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-05-0074.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-05-0074","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2005/050074.pdf","body":"<<<PAGE 1>>>\n\nof Transportation\nU.S. Department\nWashington, D.C. 20590\n400 Seventh Street, S.W.\nlazardous Materials Safet\nipeline anc\nAdministration\nMAY 3\n2005\nMr. Dennis Ashworth\nRef. No. 05-0074\nOffice of Environmental Management\nU.S. Department of Energy\n1000 Independence Ave., S.W.\nWashington, DC 20585\nDear Mr. Ashworth:\nThis responds to your letter regarding specification packaging marking requirements\nyou state that you purchase \"off-the-shelf\" packagings that are tested to various Type A\nunder the Hazardous Materials Regulations (HMR; 49 CFR. Parts 171-180). Specifically,\nand UN standard performance requirements for Class 7 (radioactive material). You\npackagings because they do not know the specific material that will be contained in each\npackaging. You ask which persons may certify packagings if they have not been tested in\nthe configuration to be shipped and whether the manufacturer's name and address or\nsymbol must be placed in a specific sequence on Specification 7A, Type A packagings.\nIf a packaging has not been tested in the configuration to which it will be used to\ntransport a hazardous material, testing is required prior to shipment and may be\nperformed by either the manufacturer or the user. If the user performs the required\ntesting, the user must mark the packaging to indicate that it conforms to all applicable\nWith respect to the correct sequence of the manufacturer's name and address or symbol\non the packaging, the HMR (§ 173.2) do not specify a requirement for the sequence on a\n§/13.412 (i)z)\n§ 178.350\n050074\n\n<<<PAGE 2>>>\n\nSpecification 7A, Type A packaging. A UN performance standard packaging, however,\nmust be marked with the manufacturer's name and address or symbol following the\ncountry of manufacture, as specified in § 178.503(a) and (a) (8).\nI hope this information is helpful. If you need additional assistance, please do not\nhesitate to contact this office.\nSincerely,\nHotte a Mitchell\nHattie L. Mitchell\nChief, Regulatory Review and Reinvention\nOffice of Hazardous Materials Standards\n\n<<<PAGE 3>>>\n\nMCTature\nDepartment of Energy\n81734126113)\nWashington, DC 20585\nSTATES OF TE\n$178.350\nMarch\n7, 2005\nMarking of lackaging\nEdward T. Mazzullo, DHM-10\n05-0014\nDirector, Office of Hazardous Materials Standards\nPipeline and Hazardous Material Safety Administrator\nU.S. Department of Transportation\n400 7* Street, SW\nWashington, DC 20590-001\nAttention: DHM-10\nDear Mr. Mazzullo:\nThis letter is a request for clarification of the Department of Transportation\n(DCT) requirement of Title 49, Part 178.350 (c) concerning the \"person\" as it\napplies to the manufacturer of a Specification 7A, Type A packaging with regard\nto the marking of necessary information (name and address or registered symbol)\non the outside of a Type A package.\nWithin the Department of Energy complex, various types of Type A packagings\nare utilized. Many of those Type A packagings are off-the-shelf packagings for\nwhich fabricators have physically tested their packagings to both the Type A\nperformance requirements for radioactive material packagings stipulated in 49\n(CFF. 178.465 and the UN performance requirements for hazardous materials\nstipulated in 49 CFR 178.600. Though fabricators can certify their packagings do\nnot leak after performing the required tests based on simulated contents, the\nfabricators cannot ensure conformance to the additional design requirement of 49\nCFR: 173.412(j)(2) concerning the prevention of a significant increase in radiation\nlevels after testing. This is primarily due to the fact that the fabricators do not\nhave any knowledge of the radioactive contents that may be loaded into their\nfull compliance with all of the additional design requirements of 49 CFR 173.412\npackagings. Consequently, fabricators cannot certify that their packagings are in\nor all the requirements for Type A packagings cited in 49 CFR 178.350(a).\nQuestion 1:\nIs the manufacturer or fabricator of a Type A packaging able to only certify\npartial compliance?\nOr\nCan only the \"person\" that ensures full compliance of all Type A packaging\nrequirements including 49 CFR 173.412(j)(2) apply the appropriate Specification\n7A rnarkings on outside of the package?\nPrinted with soy ink on recycled paper\n\n<<<PAGE 4>>>\n\n2\nIn addition, we would like a clarification as to the specific location of the\nmanufacturer's name and address or registered symbol marking on the outside of\na Type A package.\nQuestion 2:\nIs it the intent of DOT to be consistent with the UN marking requirement whereby\nthe ranufacturer's name and address or registered symbol immediately follows\nthe appropriate sequence of markings?\nThus, for a Type A package, the manufacturer's name and address or registered\nsymbol would immediately follow \"USA DOT TA TYPE A\"?\nYour clarification of these issues would be greatly appreciated by the Department.\nIf you need additional information, please contact me at (202) 586-8548 or Mr.\nAshok Kapoor of my staff at (505) 845-4574, (e-mail: akapoor@)doeal.gov).\nSincerely,\nJennis Ashwort\nDirector\nOffice of Environmental Management\nOffice of Transportation\nCC:\nF. Marcinowski, EM-10\nR. Liddle, OTS, SC/NNSA\nAshok Kapoor, SC/NNSA","truncated":false,"body_characters":5170}