Hazardous Materials Training Compliance — Hazardous Materials Safety Interpretation

Page 1400 Seventh Street, S.W. Washington, D.C. 20590 Pipeline and Hazardous Materials Safety Administration SEP 8 2006 Mr. Philip C. Rieke Ref. No. 06-0188 7109 West Wernett Road Hazardous Materials Training Compliance Pasco, WA 99301 Dear Mr. Rieke: This is in response to your letter requesting clarification of the shipping paper and marking requirements under the Hazardous Materials Regulations (HMR; 49 CPR Parts 171-180) the appropriate shipping description for limited quantity shipments for which shipping papers applicable to limited quantities of Class 7 (radioactive) materials. Specifically, you ask about are required and package marking requirements for excepted packages. Sections 173.421, 173.424, 173.426 and 173.428 contain requirements for transporting excepted quantities of Class 7 (radioactive) materials, including limited quantities. If you are preparing packages for shipment in accordance with these sections, you may take advantage of the additional exceptions in § 173.422. The introductory paragraph of § 173.422 excepts such packages from all other HMR requirements except for the requirements in § 173.422 and the applicable packaging section (such as § 173.421).. Unless the package contains a shipping paper is required. In accordance with § 172.203(b), for a limited quantity shipment Class 7 (radioactive) material that is also a hazardous substance or hazardous waste, no that also is a hazardous substance or hazardous waste, when the words "limited quantity" are part of the proper shipping name, you need not repeat the words "limited quantity" following the basic description. With respect to the identification number of the material being transported, you are correct that it's marking on the package is not required to be placed within a square-or-point border for packages prepared for shipment as described in the above paragraph. I hope this information is helpful. Please contact this office if you have additional questions. Sincerely, Hattie L. Mitchell Office of Hazardous Materials Standards Chief, Regulatory Review and Reinvention 173.422 060188#

Page 2Rug 02 06 02:40p Philip C. Rieke (509)544-0650 p.1 Heardes 7109 West Wernett Road, Fasco, WA 99301 Matricis Trai ting 509-532-7286/509-544-0653 fas hazmattc.@att.net Trespartar & Carginna Consuting MIntyre 5172.315 August 2, 2006 Mr. Edward T. Mazzullo, Director §173.422(a) PHH-10 Office of Hazardous Materials Standards RAM 4007 Street SW 06-0188 Washington, DC 20590-0001 Dear Mr. Mazzullo, In the past couple of years, there have been a number of regulatory changes affecting the shipment of Class 7 (radioactive) materials in Subpart I of Part 173 that might have had an affect on communication regulations in Part 172, but there weren't necessarily changes in Part 172 in response. Recently there has been some confusion specific to shipments of limited quantities of Class 7 materials and how requirement on a shipping paper and then also in 172.315 with the fairly new marking requirement for limited they should be prepared. The conflict that seems to have arisen starts in Part 172.203(b) with an additional must comply with these sections. Others, like me, wonder if that is a correct understanding or possibly a quantities. Neither of these sections except shipments of Class 7 materials leading some to believe that they conflict? Would these two sections apply to Class 7 limited quantities or not? I know that for many years, limited quantities of Class 7 materials were specifically excepted from any and all shipping paper requirements and that certain types of shipments only in the past few years now do require years never required shipping papers for the limited quantities of Class 7, there was certainly no need to speak shipping papers (ltd qty that is also a hazardous substance or hazardous waste). Since the regulations for many to whether Class 7 shipments had to apply 172.203(b) or were excepted from it. If these Class 7 shipments already includes the phase "limited quantity of material" which no other proper shipping name for any other were to have to comply with 172.203(b), there would be a duplication since the Class 7 proper shipping name hazard class or division of material does. In terms of the marking requirements, there seems to be a fairly clear path for 172.315 not 1o apply to Class 7 earliest convenience. Please clarify these two sections if you would and let me know PHMSA's stance whatever "hat might be at your Sincerely, Chis (. Keti Philip . Rieke, Owner HMTC Training & Consulting#