{"operation":"document","citation":"10-0001","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":"2010-03-18","effective_on":null,"summary":"10-0001 response to U.S. Department of Energy concerning 173.427.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-10-0001.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-10-0001.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-10-0001","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretations/2010/100001.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration\nMAR 1B 2010\n1 200 New Jersey Ave, SE\nWashington, D.C. 20590\nMs. Dana Willaford\nTransportation Safety\nU.S. Department of Energy\nP.O. Box 2001\nOak Ridge, TN 37831\nRef. No. 10-0001\nDear Ms. Willaford:\nThis responds to your email dated December 30, 2009 requesting clarification of the Hazardous\nMaterials Regulations (HMR; 49 CFR Parts 171-180) applicable to placarding requirements for\nClass 7 (radioactive) materials. You request clarification of a letter of interpretation that was\nissued November 24, 2009 (Ref. No. 09-0231). Your questions are summarized and answered as\nfollows:\nQl) The PDF file on the PHMSA website did not include the complete incoming letter from Mr.\nRodney Johnson requesting clarification. Can you please provide a complete copy of the\nincoming request from Mr. Johnson?\nAI) The complete incoming letter from Mr. Rodney Johnson along with our response (Ref. No.\n09-0231) is attached. In addition, we have updated our website to include the complete\nincoming letter.\nQ2) Please clarify the statement in your letter, \"Thus, the package or unpackaged Class 7\n(radioactive) material must display either the Class 7 (radioactive) placards or the\nappropriate labels to comply with the placarding requirements ofSubpart F ofPart 172.\" I\ninterpret this statement to mean that \"appropriate labels\" are the required labels. Section\n173.427(a)(6)(vi) provides for an exception to package labeling when the package is marked\nas required. Therefore, no labels are required when LSAISCO shipments are conducted as\n\"exclusive use\" shipments in accordance with § 173.427(a)(6)(vi).\nA2) LSA and SCO shipments consigned as \"exclusive use\" in accordance with § 173.427(a)(vi)\nare excepted from the requirement to label the packages. The shipper is not required to take\nadvantage of this exception; and, in some circumstances may apply labels in place of\nplacards (see § 172.514(c)) to satisfy the placarding requirements in Subpart F of Part 172.\n\n<<<PAGE 2>>>\n\nQ3) Section 172.514(a) requires placards to be affixed as specified for the material in §§ 172.504\nand 172.505. Section 172.504 requires placards for Class 7 materials only under two\nconditions:\nI. 2. When a shipment contains a packaging that is required to bear a Radioactive\nYellow III label; or,\nLSNSCO shipments transported as \"exclusive use\" in accordance with\n§§ 173.427(b)(4) and (5) or (c).\nMy understanding is that § I 73.427(a)(6)(vi) excepts LSNSCO shipments conducted under\n\"exclusive use\" provisions from labeling. Section 173.427 requires vehicles carrying\nLSAISCO as \"exclusive use\" in accordance with § 173.427(a)(6) to bear placards. Since\nlabels are not required on radioactive materials packagings properly prepared as specified in\n§ 173.427(a)(6), a placard is not required on the packaging. However, the transport vehicle\nmust be placarded. Is this interpretation correct?\nA3) No. Section 172.504 (Table I, Footnote 1) requires placards to be applied to bulk packages\nand transport vehicles containing LSNSCO transported as \"exclusive use\" in accordance\nwith §§ I 73.427(b)( 4) and (5) or (c). Thus, placards are required on the packages for such\nshipments whether or not labels are required. Placards must also be affixed to the transport\nvehicle, however, § 172.516 provides that the requirement to placard a motor vehicle may be\nmet by the placards displayed on a freight container or portable tank loaded on a motor\nvehicle. For other types of bulk packages, placards must also be displayed on the motor\nvehicle.\nQ4) Could you clarify the statement in your letter that specifies placarding \"unpackaged\nmaterial\"? I cannot find any requirement in Part 172 that addresses placarding unpackaged\nmaterial.\nA4) Section I 72.504(e), Table I (Footnote 1) requires Radioactive placards for \"exclusive use\"\nshipments of LSA/SCO transported in accordance with § 173.427(c). Section 173.427(c)\nauthorizes LSA-I and SCO-I to be transported \"unpackaged\". Thus placards are required for\nunpackaged LSA-I and SCO-I transported as exclusive use in accordance with § I 73.427(c).\nI hope this answers your inquiry. If you need further assistance, please contact this office at 202366-8553.\nSi;r~\nCharles E. Betts\nChief, Standards Development\nOffice ofHazardous Materials Standards\n[Attachment]\n\n<<<PAGE 3>>>\n\nU.S. Department of Transportation Pipeline and Hazardous Materials\nSafety Administration\n1200 New Jersey Avenue, SE\nWashlngtan. OC 20590\nNOV 24 2009\nMr. Rodney Johnson\nManager Nuclear Licensing\nFermi 2\n200TAC\n6400 N. Dixie Hwy\nNewport, MI 48166\nRef. No.: 09-0231\nDear Mr. Johnson:\nThis is in response to your letter dated October 8, 2009 requesting clarification ofthe\nHazardous Material Regulations (HMR; 49 CFR Parts 171-180) applicable to the hazard\ncommunication requirements for Class 7 (radioactive) material. In your letter you\ndescribe the material as \"UN2913, Radioactive material, surface contaminated object\n(SCO-II), 7\" transported as \"exclusive use\" in accordance with § 173.427(a)(6). The\nmaterial is offered for transportation and transported in a bulk container that has a\nvolumetric capacity of96 cubic feet (2.7 cubic meters). Your questions are summarized\nand answered as follows:\nQ1) Must the container be placarded on all 4 sides?\nAI) No. A package with a volumetric capacity ofless than 18 cubic meters (640 cubic\nfeet) may be placarded on two opposing sides or, alternatively, may be labeled instead of\nplacarded in accordance with Part 172. Subpart E. See § 172.514( c).\nQ2) Can the container be labeled: Class 7, Radioactive White-I, Yellow-II or Yellow-III\nas appropriate, instead of placarded in accordance with § 172.514(c).\nA2) Yes. See At.\nQ3) Can this package be marked '·RADIOACTIVE·SCO\" without being placarded or\nlabeled?\nA3) No. Packaged or unpackaged LSA or SCO containing less than an A2 quantity of\nClass 7 (radioactive) material is excepted from marking and labeling requirements ofthe\nHMR provided the surface ofeach package or unpaclcaged Class 7 (radioactive) material\nis stenciled or otherwise marked \"RADIOACTIVE-LSA\" or \"RADIOACTIVE-SCO\" as\nappropriate. See § 173.427(a)(6)(vi). However, this exception does not provide relief\n\n<<<PAGE 4>>>\n\nfrom the placarding requirements in Subpart F of Part 172. While labels may be displayed\ninstead ofplacards in accordance with § 172.514(c), this is only an alternative method of\nsatisfying the placarding requirements ofSubpart F of Part 172. Thus, the package or\nunpackaged Class 7 (radioactive) material must display either the Class 7 (radioactive)\nplacards or the appropriate labels to comply with the placarding requirements ofSubpart F\nofPart 172.\nI trust this satisfies your inquiry. Ifwe can be offurther assistance, please contact us.\nCharles E. Betts\n.eft Standards Development\no ofHazardous Materials Standards\n\n<<<PAGE 5>>>\n\nQuestions regarding Letter ofInterpretation 09-0231 Page 10f2\nDrakeford, Carolyn (PHMSA)\nFrom: Betts, Charles (PHMSA)\nSent: Monday, January 04,20103:33 PM f-tc he-Yl laMlJ\nTo: Drakeford, Carolyn (PHMSA) \n ?s l{3·4~1\nSubject: FW: Questions regarding Letter of Interpretation 09-0231 C» f 72\". 614Importance:\nHigh 1>laCtlyd,-'j I~AJl1\nAttachments: 090231.pdf\nJD- 0001\nFrom: Willaford, Dana M [mailto:WillafordDM@oro.doe.gov]\nSent: Wednesday, December 30,20098:03 AM\nTo: Betts, Charles (PHMSA)\nCc: Boyle, Rick (PHMSA)\nSubject: Questions regarding Letter of Interpretation 09-0231\nMr. Betts:\nI am requesting clarification regarding your interpretation letter, 09-0231 (attached) regarding placarding\nfor LSA/SCO shipments. The interpretation addressed the requirements in 173.427(a)(6)(v).\nThe PDF file on your interpretations website did not include the full letter that was submitted by Mr.\nRodney Johnson. We maintain a reference file on various interpretations. Is it possible for you to provide\nthe full letter?\nAlso, could you please clarify the statement in your letter, \"Thus, the package or unpackaged Class 7\n(radioactive) material must display either the Class 7 (radioactive) placards or the appropriate labels to\ncomply with the placarding requirements ofSubpart F ofPart 172. '? I interpret this statement to mean\nthat \"appropriate labels\"are the required labels. 173.427(a)(6)(vi) provides for an exception to package\nlabeling when the package is marked as required. Therefore, no labels are required when LSA/SCO\nshipments are conducted as exclusive use shipments in accordance with 173.427(a){6)(vi).\nSection 172.514(a), Bulk Packagings, requires placards to be affixed as specified for the material in\n172.504 and 172.505. Section 172.504 requires placards for Class 7 materials only under two conditions:\nwhen a shipment contains a packaging that is required to bear a Radioactive Yellow III\nlabel\nLSA/SCO shipments, when transported in accordance with 173.427(b)(4), (5) or (c).\nEach of these sections in 173.427 provides for the shipment to be conducted under\nexclusive use provisions.\nMy understanding is that 173.427(a)(6)(vi) excepts LSA/SCO shipments conducted under exclusive use\nprovisions from labeling. 173.427(a)(6){v) requires exclusive use LSA/SCO shipments to have placarded\nY~Nc.J~~. Since labels are not required on radioactive materials packogings properly prepared as specified in\n173.427(a)(6), a placard is not required on the packaging. however, the_trc:!n.s..Rortv.~hic.J~ must be placarded.\n116/2010\n\n<<<PAGE 6>>>\n\nQuestions regarding Letter of Interpretation 09-0231 Page 2 of2\nAdditionally, could you clarify the statement in your letter that specifies placarding unpackaged material? I\ncannot find any requirement in Part 172 that addresses placarding unpackaged material.\nRespectfully,\nDana M. Willaford\nDepartment of Energy, Oak Ridge\nDana M. Willaford\nPackaging & Transportation Safety\nA\\liation Manager/Safety Officer\nDOE/ORO,SE-31\nPhone: 865-576-5338\nFax: 865-576-3725\n\"Achieving mission success by utilizing breakthrough strategies in providing matrix core competency support. \"\n«090231. pdf»\n11612010","truncated":false,"body_characters":10059}