Regulatory Resources, Inc. — Hazardous Materials Safety Interpretation

Page 1U.S. Department of Transportation Washington, D.C. 20590 400 Seventh Street, S.W. Pipeline and Hazardous Materials Safety Administration NOV 8 2005 Mr. Wade A. Winters Ref. No. : 05-0228 Regulatory Resources, Inc. 240 Joshua Rd Kennewick, WA 99338 Dear Mr. Winters: This is in response to your September 19, 2005 letter concerning Industrial Packagings (Type 2 and Type 3) under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). Your questions are paraphrased and answered as follows: Q1. Given that an ISO 1496-1 freight container in compliance with § 173.411 (b) (6) is authorized for use as a Type IP-2 or Type IP-3, may the same ISO 1496-1 freight container be certified as a DOT-7A packaging if the water spray and puncture test are performed? A1. No. To be certified as a Type A package, the design must 08 Che ce 0 79 12 6 16, meet all the requirements of § 178.350. Although compliance with § 173.411 (b) (6) and successful completion of the water spray and puncture test would satisfy the still meet the requireents of S$ 173.403 and 173.412. requirements of S§ 173.410 and 173.465, the design must It must also be noted that certification of the design is restricted to the content or contents specified in the test report or the analysis conducted. Expansion of the certification to contents with different physical properties would require further analysis. 22. If the design and testing documentation is not available for a foreign ISO 1496-1 certified freight container manufacturer, may the shipper assume that the design and testing criteria have been met? A2. NO. Under § 173.411 (c), each offeror of an Type IP-2 or Type IP-3 must have on file (and maintain on file for at least one year) complete documentation of test and 173.411(6) 6) 050228#

Page 2engineering evaluation or comparative data for the industrial package. If the information is unavailable for an ISO 1496-1 freight container, it may not be used as a Type IP-2 or Type IP-3 package. I hope this information is helpful. If you have further questions, please do not hesitate to contact this office. Sincerely, thatle a nitrell Hattie L. Mitchell Chief, Regulatory Review and Reinvention Office of Hazardous Materials Standards#

Page 309/19/2005 10:05 FAX 509 628 0972 Regulatory Resources Inc Ø004/005 Pollack §173.411 (b)6). → Regulatory 240 Joshua Roa Industrial Packugings Kennewick, WA 9933 Resources nc. voice: 509-628-1020 05 - 02.28 wade@regulatoryresources.net fax: 509-628-0972 "The Source You Come Back To". www.regulatoryresouroes.net September 19.2005 Ms. Susan Gorsky Office of Hazardous Materials Standards Plpeline and Hazardous Materials Safety Administration PHH-10 U.S. Department of Transportation 400 Seventh Street, SW Washington, DC 20590 Dear Ms. Gorsky: Regulatory Resources, Inc. (RRI) is a consulting and training company serving clients subject to the Department of Transportation (DOT) Hazardous Materlals Regulations (HMRs) and the Envlionmental Protection Agency (EPA) solid and hazardous waste management regulation. One of our specialty areas covers the regulations for the safe transport of radioactive materlals. Varlous Class 7 packaging questions have been ralsed in recent training classes and I'm seeking PHMSA's clarification on these. This particular request for clarification concerns freight containers authorized as Industrial packagings in 49 CFR 173.411. The first of two questions concerns 49 CFR 173.411(b)(6). In this paragraph it states that freight containers may be used as Industrial packages Types 2 or 3 (Type IP-2) or (Type IP-3) provided that...industrial packaging Type 2 (IP-2) require the package to pass specified criteria when subjected to, or evaluated agalnst, drop and stacking tests for Type A packages intended to contain soilds (§ 173.465(€) and (d)). Type P.3 packages are to be evaluated after being subjected to all Type A package design and test criteria The adoption of the IAEA TS-R-1 regulations in Docket HM-230, January 26, 2004, allow an ISO 1496-1: "Series 1 Freight Containers - Specifications and Testing - Part 1: General Cargo Containers": excluding dimensions and ratings, to be used as Type IP-2 and Type IP-3 as long as two specific requrements are met. Obviously, DOT has determined that the ISO 1496-1 testing Is the same as or equivalent to the Type A package drop and stacking tests when evaluated against: (A) no loss or dispersal of the radloactive contents; and (B) no loss of shielding integrity which would result in more than a 20% increase in the radiation level at any external surface of the freight container. Given that an ISO 1496-1 freight container in compliance with 5173.411 (b)(6) is authorizec for use as, and so marked per $172.310(b), a Type IP-2 or Type IP-3 packaging, can this same ISO 1496-1 freight container evaluation/performance for the water spray and puncture test considerations? be certified as a Type A DOT-A packaging with only the additional design and test RRI's second question concerns the same paragraph where it states that an ISO 1496-1 freight contalner Is certified as such by the information presented on the freight container's Container Safety Certificate (CSC) manufactured in countries other than the U.S. The Hazardous Materials Regulations (HMR) $173.411 (b)(6) plate put in place by the original manufacturer. Many of these type of freight containers are allow the ISO 1496-1 freight contalner to be certified, pending qualifying conditions, as a Type IP-2 and Type IP-3 (see question above).#

Page 409/19/2005 10:05 FAX 509 628 0972 Regulatory Resources Inc #005/005 Voice: 509-628-1020 Kennewick, WA 99338 www.regulatoryresources.net Fax: 509-628-0972 Ms. Susan Gorsky September 19. 2005 Page 2 The requirements in §173.411 (C) specify that the user of any Type IP-2 or Type IP-3 package must maintain on file for at least one year after the latest shipment complete documentation of tests and an engineering of constructions comply with that specification. evaluation or comparative data showing that the construction methods, packaging design, and material freight containers regarding the Inability to acqure the necessary §173.41 1(c) documentation from these Concerns continue to surface by both package manufacturers and users of foreign made ISO 1496-1 foreign manufacturers. In some Instances it appears that the foreign manufacturer may not possess the records on the freight container, and yet, these freight containers are certifled and marked as ISO 1496-1 certifled container manufacturer, can a U.S. manufacturer or shipper apply §173.22 (a) 3)i) in determining that the If specific design and testing documentation Is not avallable from the foreign ISO 1496-1 certified freight specification plate? ISO 1496-1 design and testing criteria have been met by the presence of the freight contalners CSC Thank you for your time in these matters. Please contact me if I can answer any questions. For Regulatory Resources. Inc.. whited President Wade A. Winters, CET, CHMM WAW/lom#