{"operation":"document","citation":"06-0063","title":"Logistical Solutions — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2006-06-16","effective_on":null,"summary":"06-0063 response to Logistical Solutions concerning 173.411.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-06-0063.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-06-0063.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-06-0063","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2006/060063.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department\nof Transportation\nWashington, D.C. 20590\n400 Seventh Street, S.W.\nPipeline and\nAdministration\nHazardous Materials Safet\nJUN 16 2006\nMr. Kurt Colborn\nRef. No. 06-0063\nLogistical Solutions\nDirector, Technical Services\n800 Cranberry Woods Drive, Suite 450\nCranberry Township, PA 16066\nDear Mr. Colborn:\nThis responds to your March 13, 2006 letter requesting clarification on §173.411(b)(6) to\nunder the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180).\nallow the use of freight containers as Industrial Packagings (IP) Type 2 or 3 containers\nSection 173.411(b)(6) authorizes the use of freight containers as industrial packagings\nTypes 2 or 3 (Type IP-2 or (Type IP-3) provided that:\n(i) The radioactive contents are restricted to solid materials;\nThe freight containers satisfy the requirements for Type IP-1 as specified in\n§173.410; and\nThe freight containers conform to the standards prescribed in the International\nOrganization for Standardization document ISO 1496-1: \"Series 1 Freight\ndimensions and ratings. They must be designed so that if subjected to the tests\ncontainers-Specifications and Testing-Part 1: General Cargo Containors; excluding\nof transport they would prevent loss or dispersal of the radioactive contents and loss\nprescribed in that document and the accelerations occurring during routine conditions\nof shielding integrity that would result in more than a 20% increase in the radiation\nlevel at any external surface of the freight containers.\nYour questions are paraphrased and answered below:\nP-2 or IP-3 packages when used to consolidate small loads for shipment\n21. May packages meeting the IP-1 freight container and ISO 1496 standards be used a\n173.411 (b) (6)\n060063\n\n<<<PAGE 2>>>\n\nA1. In accordance with § 173.411(b)(6), freight containers may be used as IP-2 or IP-3\npackages, as long all of the following four conditions are met:\na) The freight container meets the requirements for an IP-1 package.\nb) The freight container is designed to conform to the standards prescribed in: \"Series 1\nFreight Containers - Specifications and Testing - Part 1: General Cargo Containers for\ncontainers approved in accordance with the International Maritime Organizatior\nGeneral Purposes; excluding dimensions and ratings. It should be noted that freight\nInternational Convention for Safe Containers are not necessarily equivalent to the\ntesting prescribed by ISO 1496-1.\nc) The freight container is designed such that if subjected to the tests prescribed in ISO\nthere would be no loss or dispersal of the radioactive contents nor loss of shielding\n1496-1, as well as accelerations occurring during routine conditions of transport,\nintegrity which would result in more than a 20% increase in radiation levels on any\nexternal surface of the freight container. It should be noted that the test conditions of\naccelerations occurring during routine conditions of transport are in addition to the\ntesting prescribed by ISO 1496-1 because the ISO Standard does not include dynamic\nd) The radioactive contents of the freight container are limited to solid materials.\nAdditionally, radioactive contents that have not satisfied the requirements of\n§ 173.411(b)(6) must not be transported in an IP-2 or IP-3 container.\nQ2. What marking and labeling requirements apply to a freight container used as an IP-2\nor IP-3 package? What marking and labeling requirements apply to internal containers?\nA2. Freight containers used as an IP-2 or IP-3 package must be marked and labeled as\nsuch, in accordance with §§ 172.310 and 172.403. Inner containers are authorized\nprovided they are specified in the IP-2 or IP-3 test and evaluation report. Inner containers\nmust be marked in accordance with the specification specified in the test and evaluation\nreport. For example, if the test and evaluation report specify the presence of inner IP-1\npackages, the packages must be marked as such, in accordance with § 172.310. If the test\nreport specifies inner containers (i.e. wooden boxes, bags, etc.) marking of the inner\nlabels are not required for the inner containers.\ncontainers would not be required. Additionally, hazard communication markings and\nQ3. May freight containers not meeting the IP-1 and ISO-1496-1 standards be used to\ntransport loose bulk material if testing demonstrates the containers prevent the loss or\ndispersal of contents while subjected to the ISO-1496-1 test requirements?\nA3. No. The freight container must meet all the requirements outlined in Answer 1.\n\n<<<PAGE 3>>>\n\nQ4. Are the requirements in § 173.411(b)(6) intended to be used as an alternative means\nto certify packagings? If an IP-1 freight container is used an IP-2 or IP-3 package, how\nshould the package be marked?\nA4. The provisions of § 173.411(b)(6) are to be used as an alternative means of IP-2 and\nIP-3 packaging certification. Freight containers used as an IP-2 or IP-3 packaging must\nbe marked accordingly.\nI hope this answers your inquiry.\nSincerely,\nJohn A: Gale el\nOffice of Hazardous Materials Standards\nChief, Standards Development\n3\n\n<<<PAGE 4>>>\n\nBoothe\n8173.411 (6)(6)\nIOGISTICAI SOLUTIONS\nPackages\n06 - 0063\n800 Cranberry Woods Drive, Suite 450, Cranberry Township, PA 16066 T 724.772.9800 F 724.772.9850 W www.mhfis.com\nMr. Edward Mazzullo\nUSDOT/PHMSA, Suite 8422\nDirector of Hazmat Standards\n400 7th Street, SW\nOffice of Hazardous Materials Safety\nWashington, DC 20590-3012\nMarch 13, 2006\nSUBJECT: Clarification of the use of Freight Containers as IP-2 and IP-3 Packages\nDear Mr. Mazzullo,\nThis letter is to request confirmation of our interpretation of the limits of the provision in\n49 CFR 173.411(b)(6) to allow the use of IP-1 containers as IP-2 or IP-3 containers.\nINTRODUCTION\nWe. note that 49 CFR 173.411(b)(6) states:\nIP-3) provided that:\nFreight containers may be used as Industrial packages Types 2 or 3 (Type IP-2) or (Type\n(i) The radioactive contents are restricted to solid materials;\n(iii) They are designed to conform to the standards prescribed in the International\n(ii) They satisfy the requirements for Type IP-1 specified in paragraph (b)(1); and\nOrganization for Standardization document ISO 1496-1: \"Series 1 Freight\nContainers--Specifications and Testing--Part 1: General Cargo Containers;\nSec. 171.7 of this subchapter). They shall be designed such that if subjected to the\nexcluding dimensions and ratings (IBR, see\ntests prescribed in that document... they would prevent ...loss or dispersal of the\nradioactive contents...\nDISCUSSION\nThe tests prescribed in ISO 1496 include transverse and longitudinal load testing for\nwhich the pass criterion is no permanent deformation. Temporary deflection of container\nsurfaces) is entirely acceptable during the load test.\nwalls of up to 60 mm (sufficient to temporarily unseat doors, lids, or other sealing\n\n<<<PAGE 5>>>\n\nSince deflection can temporarily compromise container integrity, freight containers\nmeeting ISU-1496 design and test requirements will not necessarily prevent loss or\nthe tests of that standard. Therefore, it is not sufficient for a container to meet IP-1 and\ndispersal of radioactive contents if used to ship loose bulk materials when subjected to\nISO-1496 requirements for it to be used as an IP-2 or IP-3 package. Such use [in\nloss or dispersal of its contents while subjected to the test conditions of ISO-1496.\naccordance with 173.411(b)(6)] requires that the container perform as an IP-1, preventing\nThe regulation itself provides for the use of an IP-1 package when a higher-rated package\nas an alternative means of package certification. Manufacturer certification of a\nwould otherwise be required. We understand the regulation as a shipping provision, not\npackaging to meet IP-2, for example, still requires evaluation and testing in accordance\nshould maintain the IP-1 marking on the freight container, and note the use of the\nwith 1/3.411, 173.461, and 173.465. A shipper using the provision of 173.411(b)(6)\nshipping provision [i.e. \"IP-1 used as an IP-2 in accordance with 173.411(b)(6)\"] on the\nshipping documents.\nINTERPRETATION REQUEST\nsmall containers of radioactive materials in freight containers when the activity of the\nWe understand the shipping provision of 173.411(b)(6) to allow transport of multiple\ninternal containers would otherwise require a higher rated package. Freight containers\narrying smaller containers of materials can meet the requirement to perform as an IP-\nhile subiected to the transverse and longitudinal load tests of ISO-1496 (provided th\ninternal containers prevent loss and dispersal during any temporary deflection of the\nfreight container).\n. 173. 416\nPlease confirm that our interpretation of this regulation is correct, as follows:\nThe freight container can be marked and labeled as the package for shipment, bu\nhen used to consolidate smaller containers for shipmen\nloss or dispersal of contents while subjected to the tests of the ISO-1496 standard.\nauthorized in the absence of testing to demonstrate that the containers prevent the\n4. 173.411(b)(6) is intended as a shipping provision, and must not be used as an\nalternative means of packaging certification by the manufacturer. IP-1\npackagings used as IP-2 or IP-3 should be marked IP-1. IP-2 and IP-3 package\nmarkings are reserved for containers that actually meet the standards for those\nhigher rated packagings.\n\n<<<PAGE 6>>>\n\nthis inquiry.\nPlease feel free to call me at 724-772-9800, ext 5560 if you have any questions regarding\nRespectfully submitted,\nMHF Logistical Solutions\nKurt Colborn\nDirector of Technical Services","truncated":false,"body_characters":9566}