{"operation":"document","citation":"08-0148","title":"Energy Solutions — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2009-02-04","effective_on":null,"summary":"08-0148 response to Energy Solutions concerning 172.301.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-08-0148.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-08-0148.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-08-0148","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2008/080148.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department\nof Transportation\nPipeline and Hazardous Materials\nSafety Administration\n1200 New Jersey Ave.. SE\nWashington, DC 20590\nMr. James H. Portsmouth\nManager, Traffic Manager/Regulatory Compliance\nEnergy Solutions\n2345 Stevens Drive, Suite 240\nRichland, WA 99354\nReference No. 08-0148\nDear Mr. Portsmouth:\nThis is in response to your letter regarding the hazard communication and specification\npackaging marking requirements under the Hazardous Materials Regulations (HMR; 49 CFR\nParts 17 1 - 1 80). Specifically, you request clarification on the marking requirements for\nIndustrial Packagings (IP), prescribed in 5 173.41 1, and DOT Specification 7A packagings,\nprescribed in 5 178.3 50, for transporting Class 7 (radioactive) materials. We apologize for the\ndelay in responding and any inconvenience this may have caused. Your questions are\nparaphrased and answered as follows:\nQ1. When the consignor (offeror) is the packaging manufacturer, is the consignor required to\nmark the completed package in accordance with 5 172.301(d) and again as the packaging\nmanufacturer in accordance with § 178.3, or is the consignor only required to mark the\ncompleted package once to meet both requirements?\nAl. The consignor's name and address may be entered once to comply with the hazard\ncommunication marking requirements in 5 172.301 (d) and the package certification marking\nrequirements in § 178.3(a), provided the consignor of a hazardous material is also the person\ncertifying the package complies with all applicable HMR packaging design requirements.\nPlease note that although the HMR permit a single name and address to be used to represent a\nperson who is both the consignor and certifier of a hazardous material's packaging, this\nmarking typically appears twice, once near the hazard communication markings prescribed in\nSubpart D of 49 CFR Part 172, and once near the package certification markings for a DOT\n7A packaging prescribed in $5 178.3 and 178.350. In addition, other name and address\nmarkings, e.g., from multiple vendors, third-party packaging certifiers, etc., may appear on\nthe packaging. It is the opinion of this Office that single or multiple name and address\nmarkings on a packaging may make it difficult to determine the consignor and certifier of the\npackaging, which may result in shipping delays or frustrated shipments. Therefore, we\nrecommend if single or multiple name and address markings occur on a packaging, the\nconsignor highlight, mark, or otherwise indicate the consignor's name. Also, because use of\n\n<<<PAGE 2>>>\n\nan exception or substitution permitted in one of these sections may not satisfy a marking\nrequirement in the remaining section, we recommend placing the consignor's name and\naddress in the package certification marking and not presenting this information as a PHMSA-\nregistered symbol.\n42. What if the package is an IP or Specification 7A radioactive materials packaging, can it\nbe marked once with the consignor's name and address to satisfy both marking requirements?\nA2. The answer is yes. (See A1 above.)\n43. When a non-bulk packaging is manufactured and tested to meet the packaging design\nrequirements for both the Specification 7A, as prescribed in 9 178.350, and a UN standard\nnon-bulk packaging, as prescribed in Subpart L of 49 CFR Part 178, is the manufacturer's\nmarking certifylng compliance with the UN standard required to be removed, obliterated, or\ncovered when it is used as a Specification 7A radioactive materials packaging and the\nconsignor is the packaging manufacturer?\nA3. No, if a package conforms to more than one DOT specification or UN standard, the\npackage may bear more than one package specification marking provided the packaging\nmeets all the requirements of each specification or standard. However, where more than one\npackage certification marking appears on a packaging, each marking must appear in its\nentirety. See $ 178.3(c). The HMR do not prohibit a consignor fiom temporarily covering\npackage certification markings in a manner that does not damage or alter them. However, a\npackaging that has its certifylng markings removed or obliterated is considered a non-\nspecification package under the HMR and may not be represented as meeting a performance-\noriented standard without being retested and recertified as meeting a DOT specification or UN\nstandard.\n44. If the designer, fabricator (manufacturer), or tester of a Specification 7A radioactive\nmaterials packaging marks the packaging with their company name and address or symbol\nand they cannot certifj that all the requirements identified in 8 178.350 have been met, is the\nmarking required to be removed, obliterated, or covered?\nA4. The HMR require, unless otherwise specified in 49 CFR Part 178, that the name and\naddress or symbol of a packaging's manufacturer or approval agency certifylng compliance\nwith a DOT specification or UN standard appear as part of the certification marking on a non-\nremovable component of the packaging. See $8 178.3(a)(2) and 178.350(c). However, the\nHMR permit a manufacturer that is not certifylng a package as being manufactured to a DOT\nspecification or UN standard to place its name and address or symbol on the packaging\nprovided this information is not included as part of the packaging's certification marking.\nQ5. As noted in $9 172.3 10, 178.3 and 178.350(b), each Class 7 (radioactive) material\npackaging is required to be marked when the requirements of $ 178.350(c) are met. Many\nmanufacturers of packagings that will be used in the transport of Class 7 (radioactive)\nmaterials are requested by their customers to apply the \"DOT 7A, Type A\" marking at the\n\n<<<PAGE 3>>>\n\npoint of manufacture, even though they do not know the contents of the package. When are\nthese markings required to be applied to the Specification 7A packaging?\nA5. The HMR require the packaging specification markings prescribed in $$ 178.3 and\n178.350 to be applied to a Specification 7A packaging when the package has been\nsuccessfully tested and certified as meeting this packaging specification. The HMR also\nrequire the hazard communication requirements for Class 7 (radioactive) materials prescribed\nin $ 172.3 10 be applied at any time prior to the completed package being offered for\ntransportation.\nQ6. When shipping an excepted quantity of radioactive material using the proper shipping\nname \"Radioactive material, excepted package-limited quantity of material,\" and the material\nis loaded into a properly marked Type IP- 1 packaging, may the \"TYPE IP- 1\" marking\nrequired under 172.3 10(b) be displayed on the package or is it required to be removed,\nobliterated, or covered?\nA6. In this scenario, the packages are excepted from specification marking in accordance\nwith $$ 173.421 and 173.422. Therefore, the \"TYPE IP- 1\" marking should not be displayed\nand should be covered. If the \"TYPE IP-1' certifying markings are removed or obliterated,\nthe packaging must not be represented as meeting this performance-oriented requirement\nwithout being retested and recertified as meeting this standard. See Answer A3. In\naccordance with $ 172.3 10(b), a package that does not conform to Type IP-1, Type IP-2, Type\nIP-3, Type A, Type B(U) or Type B(M) requirements may not be so marked.\n47. May the \"TYPE IP- 1 \" marking required by 8 1 72.3 1 0(b) be displayed or is the marking\nrequired to be removed, obliterated, or covered when shipping a Class 7 (radioactive) material\nas Low Specific Activity-I1 (LSA-11) with less than an A2 quantity?\nA7. If you are shipping LSA-I1 material less than an A2 quantity in accordance with\n$ 173.427(b)(4) in domestic transportation in exclusive use, the LSA material may be in a\nType IP-1 package and marked as such. If the shipment is not in domestic transportation or\nnot in exclusive use, it is then subject to the limitations of Table 6 of $ 173.427(e) and should\nbe marked according to the package type used.\nI hope this satisfies your request.\nSincerely,\nCharles E. Betts\nChief, Standards Development\nof Hazardous Materials Standards\n\n<<<PAGE 4>>>\n\nMay 14,2008\nOffice of Hazardous Materials Standards,\nPipeline and Hazardous Materials Safety Administration\nAttention: PHH- 10\nU.S. Department of Transportation\n400 7\" Street, SW\nWashington, DC 20590-000 1\nSubject: Clarification of Marking Requirements\nTo Whom It May Concern:\nThis letter is requesting clarification for the following questions regarding marking requirements\nfor Industry Packaging (IP) and Type A packagings.\nI r\n1. W e n required by Title 49, Code of Federal Regulations (CFR) 172.301 (d), either the\nname or address of the consignee or'co~isignor shall be marked on the package. In\nacldition, when the consignor is the packaging manufacturer, the name and address or\nsymbol of the consignor shall be marked on the package in accordance with\n49 CFR 178.3. Does the consignor need to mark the package once per\n49 CFR 172.301 (d) and again as the packaging manufacturer per 49 CFR 178.3, or does\nthe consignor only have to mark the Type A package once to meet both requirements?\n, .\n2. When a non-bulk packaging (i.e., box) is fabricated and tested to meet both Type A\nrequirements (49 CFR 178.350) and manufactured to meet UN non-bulk perfomance-\noriented packaging standards (49 CFR 178, Subpart L), does the manufacturer's marking\nGsed'for compliance to 49 CFR 178, Subpart L need to be removed, obliterated, or\ncovered when the packaging is used as a Type A radioactive material packaging and the\nconsigcor is the packaging manufacther?\n3. If the'designer/fabricator/tester of the Type A packaging marks the packaging with their\ncompany name and address, or symbol and they cannot certify that all the requirements\nidentified in 49 CFR 178.350 can be met,,does this marking need to be removed,\n-\nobliterated, . or . covered?\n. .\n. ! . r.; ' .\n. ..:. : . ' . j . . , : I - .\n. .\n. , . . . . , '\n. . . .\n. .\n. .\n. . . .\n. ..:: , ; i - . . . ' s : , , !, ' . , . ! _, . .~ .. ' 3 . . .\n% .,. . .\n' , , , . . : . . . , . , ,\n. . .\n. , a \" . ' ' >\n. ...\n:.: : I 2345 Stevens D~ive, Suite 240 Richland, WA 99354\n509.371.8006 Fax: 509.371.1906 1.888.532.1330 www.energysolutions.com\n\n<<<PAGE 5>>>\n\nU.S. Department of Transportation\nPage 2\nMay 14,2008\n4. As noted in 49 CFR 172.310, 178.350(b), and 178.3, each packaging is marked when the\nrequirements of 178.350(c) are met. Many fabricators of packagings that will be used in\nthe transport of Class 7 materials are requested by their customers to apply the 7A\nmarking at the point of fabrication, even though they do not know the contents of the\npackage. When is the 7A marking to be applied to the packaging?\n5. When shipping an excepted quantity of radioactive material (using Proper Shipping\nName \"Radioactive material, excepted package-limited quantity of material\") and the\nmaterial is loaded into an IP-1 packaging and marked as such, can the IP-1 marking\nrequired by 49 CFR 172.310(b) be displayed or does this marking need to be removed,\nobliterated, or covered? Note: P - 1 and except packaging performance based\nrequirements are the same.\n6. Can the P - 1 marking required by 49 CFR 172.3 10(b) be displayed or does this marking\nneed to be removed, obliterated, or covered when shipping a Low Specific Activity-I1\n(LSA-11) less than an A2 quantity? An P - 1 packaging meets all the performance based\nrequirements of 49 CFR 173.427(b)(4) for shipping this type of payload. However,\n173.427(e) Table 6 states that an P - 2 package is required for LSA and SCO materials.\nPlease provide written clarification to the questions stated above. Your clarifications would be\nappreciated.\nIf you have any questions or concerns regarding this request, you can contact me at\n(509) 376-7164, or on my cell phone at (509) 591-2932.\nSincerely,\nJames H. Portsmouth, Manager\nTraffic ManagementRegulatory Compliance\njmt\nEnergySolutions - D. J. Moak\nJ. A. Reeves\nJHP FileILB","truncated":false,"body_characters":11914}