{"operation":"document","citation":"05-0094","title":"MHF Logistical Solutions — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2005-06-14","effective_on":null,"summary":"05-0094 response to MHF Logistical Solutions concerning 173.403, 173.443.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-05-0094.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-05-0094.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-05-0094","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2005/050094.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department\nof Transportation\nJUN 14 2005\nWashington, D.C. 20590\n400 Stiventh Street, S.W.\nPipeline and\nAdministration\nHazardous Materials Safety\nMr. Kurt Colborn\nRef No. 05-0094\nDirector, Technical Services\nMHF Logistical Solutions\n800 Cranberry Woods Drive, Suite 450\nCranberry Township, PA 16066\nDear Mr. Colborn:\nThis responds to your April 18, 2005, letter requesting clarification of the Hazardous\nMaterials Regulations (HMR; 49 CFR Parts 171-180) applicable to Class 7 Radioactive\nMaterials (RAM). Your questions are paraphrased and answered below:\nQ1. You ask whether the definition for \"contamination\" represents a limit on the\ncombined total fixed and non-fixed radioactive contamination.\nAl. The answer is yes. As defined in § 173.403, contamination is the presence of\nradioactive substance on a surface in quantities in excess of 0.4 Bg/cm? for beta\nand gamma eritters and low toxicity alpha emitters or 0.4 Bq/cm\" for all other\nalpha emitters. Contamination exists in two phases.\nQ2.\nmay be used to convert the measurements to surface contamination levels when\nYou ask whether a default wiping efficiency of 0.10, or the actual wipe efficiency,\nmeasuring non-fixed (removable) contamination transferred to a wipe.\nA2.\nThe answer is yes. As specified in § 173.443(a)(1), a default wiping efficiency of\nfixed radioactive contamination.\n0.10, or the actual wipe efficiency, may be used to determine the level of non-\nQ3.\nYou ask whether the definition for \"contamination\" represents the lower limit of\nadioactive material transpor beets mentory he HAiR, paided sudicet tove\ncontents are below at least one of the exemption values in the table found in\nR, provided radioactiv\n§ 173.436 or calculated by methods described in § 173.433.\nA3.\nThe answer is yes. A non-radioactive object or empty non-radioactive container\nwith radioactive contamination below the definition of \"contamination\" in\n§ 173.403 are not subject to the radioactive material transport requirements of the\n173.403\n050094\n173.443\n\n<<<PAGE 2>>>\n\nQ4.\nYou ask whether the definition for \"contamination\" represents the lower limit on\nninimum, as Surface Contaminated Objects (SCO\nontamination, above which contaminated items must be transported, at\nA4.\nThe answer is yes. A non-radioactive object with an actual radioactive\ncontan in 075-40l to or greater than the actass of indicitive material\" as\nQ5.\nYou ask whether the definition for \"contamination\" represents a lower limit of\ncontamination for packagings that previously contained Class 7 radioactive\nmaterials and have been sufficiently cleaned in a manner that exempts them from\nmarking and labeling requirements as specified in § 173.428.\nAS.\nThe lower limit of the definition for \"contamination\" applies to packagings that\npreviously contained Class 7 radioactive materials provided the packaging\ncontains no volume radioactivity, any contamination on the inner surfaces is\nbelow the definition for \"contamination\" as specified in § 173.403, and all labels\nand markings associated with its use as a RAM packaging are removed.\n06.\nYou ask whether empty containers that are contaminated above the limit specified\nin § 173.403 must be transported in accordance with § 173.428.\nA6.\nThe answer is yes. Empty containers that are contaminated above the lirnit\nspecified in § 173.403 must be transported in accordance with § 173.428 when the\nconditions cited in § 173.428 are met, even if the contamination is on the outside\nof the container. If the conditions of § 173.428 cannot be met, such a container\nmust be shipped in accordance with the appropriate requirements for transporting\nClass 7 (radioactive) material.\nQ7.\nYou ask whether the upper limit of permissible contamination on exposed\nsurfaces of an empty packaging is determined in accordance with § 173.443.\nA7.\nProvided the empty packaging is transported in accordance with § 173.428, the\nupper limit of permissible contamination on exposed surfaces of an empty\npackaging is determined in accordance with § 173.443.\nYou ask, when shipping a package of radioactive material, whether the\ncontamination limits in § 173.443 apply, and whether the transportation\nrequirements based on package contents take precedence over the definition of\n\"contamination\" found in §173.403. You also ask whether such a package can be\ntransported without additional and potentially conflicting markings for SCO.\nA8.\nThe answer is yes. A package of Class 7 (radioactive) material may have exterior\nsurface contarnination up to the limits cited in §173.443, which are higher than\nthe numbers listed in the definition of \"contamination\" in § 173.403.\n\n<<<PAGE 3>>>\n\nAs defined in § 173.403, a Surface Contaminated Object (SCO) is a solid object\nwhich is not itself radioactive, but which has radioactive material distributed on\nits surface. Thus, any material which is defined as \"radioactive material\" as\nspecified in § 173.403, or any package containing such radioactive material,\ncannot also be an SCO even if it has radioactive material on its surface.\nI hope this information is helpful.\nShief, Standards Developmen\nOffice of Hazardous Materials Standards\n\n<<<PAGE 4>>>\n\n$173.443\nfoster\n3173,403\nLOGISTICAI SOLUTIONS\nDetinitions\n05-0094\n800 Cranberry Woods Drive, Suite 450, Cranberry Township, PA 16066\nT 724.772.9800 F 724.772.9850 W www.mhfls.com\nMr. Edward Mazzullo\nDirector of Hazmat Standards\nUSDOT/RSPA DHM-10 Suite 8422\n400 7\" Street, SW\nWashington, DC 20590-3012\nApril 18, 2005\nSUBJECT: Interpretation for the Contamination Definition of 49 CFR 173.403\nDear Mr. Mazzullo,\nThe purpose of this letter is to request confirmation of our interpretation of the\nrequirements of the definition of \"contamination\" in 49 CFR 173.403. Please confirm or\nclarify our understanding of the definition and its impacts on other aspects of 49 CFR\n173. We'd appreciate an item-by-item interpretation of the following specific issues\nassociated with the definition:\nMeasurement:\n1. The 49 CFR 173.403 definition limits [0.4 Bq/cm? for beta, gamma, and low-\ntoxicity alpha emitters, and 0.04 Bq/cm? for other alpha emitters] represent a limit\non the total fixed and non-fixed radioactive contamination combined.\n2. The contamination definitions of 49 CFR 173.403 apply to contaminatio: on a\nsurface. Hence, when measuring non-fixed contamination transferred to a wipe, a\ndefault wiping efficiency of 0.10, or the actual wipe efficiency, may be used to\nconvert the wipe measurements to surface contamination levels fas described in\n49 CFR 173.443(a)(1)).\nShipping Impact:\n3. The definition represents the lower limit on contamination, below which objects\nand empty containers are not subject to Class 7 hazardous materials transportation\nregulations, so long as any radioactive contents are below at least one of the\nexemption values in the table of 49 CFR 173.436.\n4. The definition represents the lower limit on contamination, above which\ncontaminated items must be transported at least as Surface Contaminated Objects\n(SCO).\n\n<<<PAGE 5>>>\n\n5. When applied to containers that formerly contained Class 7 materials, the\ndefinition represents a lower limit on contamination, below which containers are\nconsidered sufficiently clean so as be exempt from the marking and labeling\nrequirements for empty containers in 49 CFR 173.428.\n6. Empty containers that are contaminated above the 173.403 limit must be shipped\nempty in accordance with 49 CFR 173.428.\n7: The upper limit on permissible contamination on exposed surfaces of an empty\ncontainer is determined in accordance with 173.443.\n8. When shipping a package of radioactive material, the contamination limits of 49\ncontents take precedent over the contamination definition of 173.403. That is to\nCFR 173.443 apply, and transportation requirements based on the package\nsay that a shipment of radioactive material that complies with 173.443, and is\nmarked and labeled appropriate to its contents, can be transported without\nadditional and potentially conflicting markings for SCO (SCO markings could be\nseen as necessary if content-required transportation doesn't take precedence over\nthe contamination definition of 173.403).\nPlease feel free to contact me at (724) 772-9800, ext. 5560 if you have any questions\nabout this request. Thank you for your assistance.\nRespectfully submitted,\n14LU\nKurt Colborn\nDirector, Technical Services\nMHF Logistical Solutions","truncated":false,"body_characters":8385}