{"operation":"document","citation":"05-0308","title":"Lixi, Inc. — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2006-01-09","effective_on":null,"summary":"05-0308 response to Lixi, Inc. concerning 173.424.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-05-0308.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-05-0308.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-05-0308","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2005/050308.pdf","body":"<<<PAGE 1>>>\n\nMr. Robert Savini\nRef. No. 05-0308\nRadiation Safety Officer\nLixi, Inc.\n11980 Oak Creek Parkway\nHuntley, IL 60142\nDear Mr. Savini:\nThis is in response to your November 22, 2005 letter and subsequent telephone\nconversation with a member of my staff requesting clarification regarding the shipping\npaper requirements for radioactive materials as specified under the Hazardous Materials\nRegulations (HMR; 49 CFR Parts 171-180). In your scenario, you offer for transportation\nexcepted packages for radioactive instruments and articles (UN2911). Your questions are\nparaphrased and answered below.\nQ1. Section 173.424 specifies that excepted packages for radioactive instruments and\narticles are not subject to the shipping paper requirements unless the item being shipped is\na hazardous substance or hazardous waste. If we offer an excepted package that is a\nhazardous substance, may we place a document that complies with the Part 172, Subpart\nC shipping paper provisions in a pouch that is attached to the side of the package?\nAl. Yes. Section 177.817(a) specifies that \"a person may not accept a hazardous material\nfor transportation or transport a hazardous material by highway unless that person has\nreceived a shipping paper prepared in accordance with part 172 of this subchapter or the\nmaterial is excepted from shipping paper requirements under this subchapter.\" Although\nthe carrier must comply with the shipping paner accessibility requirements in\n§ 177.817(e), the HMR do not prohibit a shipper from placing the shipping paper in a\npouch attached to the outside of the completed package.\n02. If excepted packages for radioactive instruments and articles (UN2911) are\nsuch reized to use the shipping paper exception in $ 173.424, is a shipper's ecrification\n173.424\n050308\n\n<<<PAGE 2>>>\n\nHalte I. Michel\nHattie L. Mitchell, Chief\nRegulatory Review and Reinvention\nOffice of Hazardous Materials Standards\n\n<<<PAGE 3>>>\n\nSubject: 49 CFR 173.424\n05-0508\nWe have some questions on shipping papers and shipper's certification when making \"excepted package\" shipments per\nUN2911. Some of our UN2911 shipments are \"hazardous substances\" and others are not. Carriers such as UPS and Fedex use\nInternet based computer software to generate a shipping label and receipt for each ground or air package ship within the\nUSA. No other paperwork goes with the shipment. When using these modes of transportation for \"UN2911, Radioactive\nMaterial, Excepted Package-Instruments\" shipments, we enclose a notice attached to the packing list or invoice that goes with\nthe shipment. This notice is enclosed in an plastic envelope attached to the side of the package.\nOur question is does the method of attachment comply with the shipping paper requirements of subpart \"C\" of part 172.202\nfor a hazardous substance? The following is an example of our attachment:\nPACKAGE INSERT\nFOR\nSHIPMENTS OF I-125\n\"Instruments or Articles & Hazardous Substance I-125 Solid\"\nRQ, Radioactive Material, Excepted Package - Instruments or Articles, Class 7, UN2911 I-125 18.5 GBq (500 mCi) 24-hour\nEmergency Response Number: 1-613-592-2790\n\"This package conforms to the conditions and limitations specified in 49 CFR 173.424 for radioactive material, excepted\npackage - instruments or articles, UN2911\"\nFOR DOMESTIC USA SHIPMENTS\nSHIPPER'S CERTIFICATION\nThis is to certify that the above named materials are properly classified, described, packaged, marked and labeled, and are ir\nroper condition for transportation according to the applicable regulations of the Department of Transportation\nFOR INTERNATIONAL AIR SHIPMENTS\nI hereby certify that the contents of this consignment are fully and accurately described above by proper shipping name and\novernmental regulations\nre classified, packaged, marked and labeled, and in proper condition for carriage by air according to applicable national\nThis shipment is within the limitations prescribed for passenger aircraft.\nSigned:\nPage 2\n\"shipping papers\", but require a \"shipper's certification\" can we use a similar enclosed notice for compliance?\nOur second question is: When making a UN2911 shipment that is not a hazardous substance and therefore does not require\nRegards,\nRobert Savini\nRadiation Safety Officer\nLixi. Inc.\n12/6/2005","truncated":false,"body_characters":4260}