{"operation":"document","citation":"08-0055","title":"U.S. Department of Energy — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2008-06-06","effective_on":null,"summary":"08-0055 response to U.S. Department of Energy concerning 173.411.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-08-0055.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-08-0055.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-08-0055","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2008/080055.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department\nof Transportation\nPipeline and Hazardous\nMaterials Safety\nAdministration\n1200 New Jersey Avenue, SE\nWashington, D.C. 20590\nJUN - 6 2008\nMs. Ella McNeil, Acting Director\nOffice of Packaging and Transportation\nOffice of Safety and Operations\nOffice of Environmental Management\nU. S. Department of Energy\nWashington, DC 20585\nRef. No.: 08-0055\nDear Ms. McNeil:\nThis responds to your letter dated March 5,2008, requesting clarification regarding the use of\nfreight containers which are designed, tested, and fabricated to IS0 1496- 1 : \"Series 1 Freight\nContainers - Specifications and Testing - Part 1 : General Cargo Containers,\" as Industrial\npackagings (IP) Type 1 (IP-I), Type 2 (IP-2) and Type 3 (IP-3) containers under the\nHazardous Materials Regulations (HMR; 49 CFR Parts 171-180). Specifically, you request\nclarification on whether an offeror must comply with the use and documentation\nrequirements of 5 1 73.4 1 1 (b)(6) and (c) of the HMR.\nAccording to your letter, Department of Energy (DOE) utilizes freight containers for\nshipments of low-level radioactive materials destined for disposal. Many times the\ncontainers are transported to the disposal sites and buried with the radioactive contents. In\naccordance with the HMR, these freight containers can be used as IP-1, IP-2, and IP-3. The\nmajority of these containers are designed and fabricated overseas. All of the designs and\nassociated testing, analysis, and fabrication activities are independently reviewed and\napproved by competent authorities or designated authorized approval agencies (e.g.,\nAmerican Bureau of Shipping, Bureau Veritas, or Germanischer Lloyd). Much of the\ninformation required by 5 173.4 1 1 (c), is considered proprietary or confidential and is located\nin foreign countries. Thus, it is difficult, if not impossible, for an offeror to obtain the\ncomplete documentation that may be required.\nYour questions are answered as follows:\nQuestion 1 :\nWould an offeror be required to demonstrate that the requirements of 4 173.4 10(b) have been\nmet even though the freight container has passed all the required tests in IS0 1496-l?\n\n<<<PAGE 2>>>\n\nAnswer 1 :\nThe answer is yes. An offeror would be required to demonstrate that the requirements of\n1 173.410(b) have been met, even though a freight container has passed all the required tests\nin IS0 1496- 1. Section 173.4 1 l(b)(6)(ii) requires freight containers used as IP-2 or IP-3 to\nsatisfy the requirements for an IP-1 as specified in 4 173.41 l(b)(l). Section 173.41 l(b)(l)\nrequires each IP-1 to meet the general design requirements prescribed in 173.410. Section\n173.410(b) requires each operable lifting attachment that is a structural part of the package to\nbe designed with a minimum safety factor of three against yielding when used to lift the\npackage in the intended manner. IS0 1496- 1 and IS0 1 16 1 : \"Series 1 freight containers -\nCorner fittings - Specification\" do not specify such a design requirement, therefore the\nminimum safety factor of three against yielding for each operable lifting attachment is an\nadditional HMR requirement for freight containers designed in accordance with IS0 1496-1\nand IS0 1 1 6 1. Alternatively, as prescribed in 5 1 73.4 1 O(b), any other structural part of the\npackage must be capable of being rendered inoperable for lifting the package during\ntransport or must be designed with strength equivalent to that required for lifting attachments.\nQuestion 2:\nIs documented evidence, (e.g., production certificate), from an approved third party\norganization acceptable justification for DOT that a freight container is in compliance with\nIS0 1496-1, when this documented evidence verifies the freight container design has been\ntested to the same testing criteria found in the IS0 1496-1 standard?\nAnswer 2:\nThe answer is no. Documented evidence (e.g., a production certificate) from a third party\norganization does not provide acceptable justification that a freight container complies with\nIS0 1496-1, unless it provides complete documentation of tests and an engineering\nevaluation or comparative data showing that the construction methods, packaging design, and\nmaterials of construction comply with the standard. In accordance with 5 173.41 1 (c), except\nfor IP-1 packagings, each offeror of an industrial package must maintain on file for at least\none year after the latest shipment, and shall provide to the Associate Administrator for\nHazardous Materials Safety upon request, complete documentation of tests and an\nengineering evaluation or comparative data showing that the construction methods,\npackaging design, and materials of construction comply with that Standard. Freight\ncontainers designed to conform to IS0 1496-1, excluding dimensions and ratings, are\npermitted as a partial alternative to the tests required for IP-2 and IP-3 packages in fj 173.41 1.\nIn accordance with 5 173.41 l(b)(6)(iii), the containers must conform to the standards\nprescribed in IS0 1496-1 and must also be designed such that if subjected to the tests\nprescribed in IS0 1496-1 and the accelerations occurring during routine conditions of\ntransport they would prevent: (a) Loss or dispersal of the radioactive contents; and (b) Loss\nof shielding integrity which would result in more than a 20% increase in the radiation level at\nany external surface of the freight containers. It should be noted that the test conditions of\naccelerations occurring during routine conditions of transport are in addition to the testing\nprescribed by IS0 1496-1, because the IS0 Standard does not include dynamic tests.\n\n<<<PAGE 3>>>\n\nTherefore, in addition to conforming to the IS0 1496-1 design standards, complete\ndocumentation is required in accordance with 8 173.4 1 1 (c). Complete documentation is also\nrequired demonstrating that the freight containers are designed such that if subjected to the\ntests prescribed in the Standard and the accelerations occurring during routine conditions of\ntransport (given the particular radioactive contents) the following will be prevented: a) Loss\nor dispersal of the radioactive contents, and b) Loss of shielding integrity which would result\nin more than a 20% increase in the radiation level at any external surface of the freight\ncontainer.\nI hope this answers your inquiry.\nSincerely,\nDirector\nOffice of Hazardous Materials Standards\n\n<<<PAGE 4>>>\n\nDepartment of Energy 9 173 4,I I (b)(~)\nWashington, DC 20685 Todusfrral B C ~ Y\nMAR 0 5 2008 06 -0655\nMr. Edward Mazzullo\nDirector of Hazmat Standards\nUS DOT/PHMSA, Suite 8422\nOffice of Hazardous Materials Safety\nPipeline and Hazardous Materials Safety Administration\nU.S. Department of Transportation\nEast Building, E21-330, PHfI-23\n1200 New Jersey Avenue, S.E.\nWashington, D.C. 20590-0001\nSubject: Clarification on the Use of Freight Containers per 49 CFR 173.411(b)(6)\nDear Mr. Mazzullo:\nThis letter is to request clarification of the Department of Transportation (DOT)\nrequirements for using freight containers, which are designed, tested and fabricated to the\nIS0 1496- 1 Standard, as Industrial Packagings Type 2 and 3. Specifically, we are\nrequesting clarification as to the DOT expectations of an offeror to comply with the current\nregulations relative to the use and documentation required by 49 CFR 173.41 1(b)(6) and 49\nCFR 173.41 l(c).\nThe Department of Energy @OE) utilizes freight containers for shipments of low-level\nradioactive materials destined for disposal, Many times the containers are transported to\nthe disposal sites and buried with the radioactive contents. In accordance with DOT\nregulations, these freight containers can be used as Industrial Packaging Types 1,2, and 3\n(IP-1, IP-2, and IP-3). As you are aware, the vast majority of these containers are designed\nand fabricated overseas. All of the designs and the associated testing, analysis, and\nfabrication activities are independently reviewed and approved by competent authorities 01.\ndesignated authorized approval agencies (e.g., American Bureau of Shipping, Bureau\nVeritas, or Germanischer Lloyd). Much of the information required by the regulations,\nespecialIy by 49 CFR 173.411(c), is considered proprietary or confidential and is located in\nforeign countries. Thus, it is difficult, if not impossible, for an offeror to obtain complete\ndocumentation that may to be required.\nTo understand specifically what DOT expects of offerors, please provide clarification for\nthe following questions. DOE is providing comments immediately following each question\nand additional information supporting each comment in the Enclosure for your reference.\n\n<<<PAGE 5>>>\n\nQuestion 1:\nTo meet the requirements of 173.411(b) (6), freight containers must comply with the\nrequirements of IP-1 containers including 173.41m). 173.410(b) requires that each lifting\nattachment be designed with a minimum safety factor of three against yielding. Knowing\nthat a fkelght container's corner fittings are designed and constructed to mee4 the IS0 1161\nStandard, will an offeror be required to demonstrate that 173.410(b) is met even though the\nfreight container has passed all the required tests in IS0 14%-I?\nDOE considers the performance history of these containers as proof that when operated\nwithin the design envelop this requirement is satisfied. The standard is designed so that\ntop and bottom corners will provide compatibility in the interchange between\ntransportation modes with the loads that mect the IS0 1161 Standard.\nQuestion 2:\n49 CFR 173.411 (b) (3) allows frelght containers designed to conform to the I S 0 1496-1\nStandard be used as IP-1, IP-2 and IP-3 containers for shipment of radioactive material. Is\ndocumented evidence (e.g, production certificate) horn an approved third party\norganization accepta'ble justification for DOT that a fieight container is in compliance with\nthe ISO standard, when this documented evidence verlfles the freight container design has\nbeen tested to the same testing criteria found in the standard?\nDOE considers that documented evidence from an approved third party organization is\nacceptable to prove a freight container meets the IS0 1496-1 Standard as required by 49\nCFR173.411 (b)(3).\nYour clarification of these issues would be greatly appreciated by the Department, If you\nneed additional information, please contact me at (202) 586-8548, or Mr. Ashok Kapoor of\nmy staff at (202) 586-8307.\nSincerely,\nEll a Mc Neil, ~ c t i d ~irecto:\nOffice of Packaging and Transportation\nOff~ce of Safety Management\nand Operations\nOffice of Environmental Management\nEnclosure\ncc : I). Chung, EM-60\nA. Kapoor, EM-63\n\n<<<PAGE 6>>>\n\nEnclosure\nThe following documentation represents background information for each question\nsubmitted. The documentation is based oh research performed by, and experiences of.\nDOE contractors.\nQuestion 1:\nWhen a freight container is designed and tested to ISO1496-1 there are a number of other\nIS0 standards incorporated by reference. One of these standards is I S 0 1161, Series 1\nFreight Containers - Corner Fittings - Specifications. This Standard was developed by\ntechnical and operational personnel drawing from all phases of the transportation\nindustry. The standard is designed so that top and bottom corners will provide\ncompatibility in the interchange between transportation modes. This I S 0 standard\nidentifies the strength requirements that top and bottom corner fittings will be designed\nand constructed to and in such a manner and of such materials as to enable them to pass\nthe operating and testing requirements laid down in I S 0 1496-1 (Section 4, IS0 1161).\nFrom this we see that when a freight container is designed and tested to the IS0 1496-1\nrequirements, the lifting attachments, i.e. top and bottom corner fittings and fork lift\npockets, will operate and function properly when handled within the design envelop. DOE\nbelieves the performance history of these containers prove that when operated within the\ndesign envelop this requirement is met. In support of this the ZAEA Safety Guide TS-G-\n1.1, Para. 627.1, states thal \"Freight containem designed and tested to IS0 1496-1 and\napproved in accordance with the CSC Convention have been proved, by the use of millions\nof units, to provide safe handling and transport under routine conditions of transport.\"\nThis should be considered sufficient information for an offeror to show that this\nrequirement is already met.\nIf DOT requires that this requirement be demonstrated it has the potential of reducing the\noperating design envelop of the freight container. Also if DOE chooses to use thc container\nat its design envelop it may require DOE to have the containers designed and tested to\nparameters exceeding the IS0 14%- 1 standard. This additional design and testing would\ncost the offeror thousands of dollars for this effort and if they choose to use the freight\ncontainer at it's reduce design envelop would add an additional burden of using more\ncontainers than required.\nQuestion 2:\nAU of the dcsigns and the associated testing, analysis, and activities are\nindependently reviewed and approved by competent authorities or a designated an\napproved third party organization (e.g., ABS, Bureau Veritas, or Gerrnanischer Lloyd).\nThese qualified organizations review and approve the various freight container designs at a\nminimum to the International Convention for Safe Containers (CSC) criteria. Many, if not\nmost, approval agencies, require the criteria in the I S 0 1496-1 Standard to be met in\naddition to the CSC criteria. When the CSC plate is affixed to a freight container it\ncertifies the approval of the design, testing, and fabrication results by the cornpetcnt\n\n<<<PAGE 7>>>\n\nauthorities or designated third party organization. These results are documented in the\napproval agency production certificates, test certificates, and container test reports. This\nthird party approval process can be compared to the review, approval, and certification\nthat Type B packages undergo. The ability to obtain these documents fiom an approval\nagency depends on the approval agency itself and its willingness to research and supply\nthese documents to an end user. It also may depend upon the age of thc freight container as\nthe older the container the more difficult the process will be for obtaining documentation.\nAn offeror has a better chance of obtaining these documents if they request the documents\nat the time the containers are initially procured. To date, DOE contractors do not procure\nfreight containers certified by a specific approval agency fe.g., ABS) because of the risk of\ndelaying procurement. Additionally, many approval agencies will not consider providing\nany documentation without the consent of the manufacturer, who most likely has no\ncontractual relationship with the offeror unless; however a significantly large quantity of\ncontainers is being procured. DOE con tractors usually procure from 1 to 10 containers at\none time. Lastly, the value of obtaining detailed testing documentation (e.g., container test\nrcports) is of no practical value to the offeror since the ISO-1496-1 Standard test conditions\nare not directly comparable to the impact on radioactive contents.","truncated":false,"body_characters":15188}