{"operation":"document","citation":"06-0127","title":"Lockheed Martin Aeronautics Company — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2006-08-08","effective_on":null,"summary":"06-0127 response to Lockheed Martin Aeronautics Company concerning 172.401.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-06-0127.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-06-0127.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-06-0127","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2006/060127.pdf","body":"<<<PAGE 1>>>\n\nof Transportation\nU.S. Department\n400 Seventh Street, S.W.\nWashington, D.C. 20590\nPipeline and\nAdministration\nHazardous Materials Safety\nAUG\n8 2006\nMr. Michael S. Fiddes\nRef. No. 06-0127\nEnvironmental, Safety & Health Integration\nLockheed Martin Aeronautics Company\nP.O. Box 748, Mail Zone 6876\nFort Worth, TX 76101-0748\nDear Mr. Fiddes:\nInternational Civil Aviation Organization Technical Instructions for the Safe Transport of\nThis responds to your May 16, 2006 letter requesting clarification on the use of the\nDangerous Goods by Air. Specifically, you ask if the Hazardous Materials Regulations\n(HMR; 49 CFR Parts 171-180) authorize use of the \"Radioactive Material, Excepted\nPackage\" label for motor vehicle or highway-only transportation.\nSection 171.11 of the HMR authorizes the use of the ICAO Technical Instructions for\ntransportation by air and by motor vehicle either before or after transportation by aircraft\nwhen the hazardous material is packaged, marked, labeled, described and certified on a\nshipping paper and otherwise in condition for shipment as required by the ICAO\nTechnical Instructions. Based on §172.401(c)(3), the \"Radioactive Material, Excepted\nPackage\" label required under the ICAO Technical Instructions is not prohibited under\nthe HMR and would be acceptable for use under the provisions of §171.11 for motor\nvehicle transportation either before or after being transported by aircraft, as well as\nhighway-only shipment that does not involve transportation by aircraft.\nI hope this answers your inquiry.\nSincerely,\nChief, Standards Dorclopmen\nOffice of Hazardous Materials Standards\n111.11\n060127\n172.401()3)\n\n<<<PAGE 2>>>\n\nLockheed Martin Aeronautics Company\nMichael S. Fiddes\nP.O. Box 748, Mail Zone 6876\nMay 16, 2006\nFort Worth, TX 76101-0748\nBoothe\nOffice Of Hazardous Material Standards\nDirector Edward T. Mazzullo (PHH-10)\n5172.4016(3)\nPipeline & Hazardous Materials Safety Administration\nU.S. Department Of Transportation\nLabeiing\n400 7\" Street SW Room 8430\nWashington, D.C. 20590-0001\n360-0/27\nDear Sir,\nInstruments.\" Typically the goods so classified are aircraft targeting pods containing Am-241, sealed source, not\nOur company receives and ships goods which are properly described as \"Radioactive Material, Excepted Package-\ngreater than 5 micro curies/source, not greater than 10 micro curies/device. Sometimes these pods are shipped by\nregulations do not expressly authorize this label other than, pursuant to 49 CFR 171.11, for highway transportation\nfor applicable air shipments. This label becomes mandatory on January 1, 2007 for applicable air shipments. DOT\nDOT to adopt this handling label for domestic highway transportation.\nincident to air transportation. It would be desirable for harmonization with international regulations for the U.S.\n• There is no DOT hazard or handling label applicable to shipment of 'Radioactive Material, Excepted Package-\nInstruments' UN2911 when shipped exclusively by ground. The presence of this label on applicable containers\nwould be of benefit to facilitate the proper identification, handling, and storage of these items by receiving and\nincrease transportation safety if these labels could be applied to applicable packages regardless of air or highway\nwarehousing personnel. It would also simplify compliance for packaging and shipping personnel and therefore\nmode of transportation. We would, therefore, like to be able to use these labels for these pods or other similarly\nclassified goods regardless of whether the pod is being shipped by air or exclusively by highway.\nsince the label does accurately represent the material hazard and the format of the ICAO label does not conflict win\nWe believe that use of the ICAO label for highway-only shipments should not be prohibited under 49 CFR 172.401\nor cause confusion with other hazard or handling labels or DOT markings. It may be that 49 CFR 172.401(c)(3)\nauthorizes use of the iCAO labei, although its applicability to ground-only shipment is not corpietely clear.\nPlease confirm that use of the ICAO 'Radioactive Material, Excepted Package' label is permited for highway-only\ntransportation.\nThank you for your timely attention. If you have any questions, please contact me at 817-777-6490.\nVery respectfully,\nM.S. Jiddes, CHMM, REP\nMichael S. Fiddes\nDOT/IATA Compliance, Safety Engineering\nLockheed Martin Aeronautics Company\nEnvironmental, Safety & Health Integration","truncated":false,"body_characters":4430}