{"operation":"document","citation":"10-0032","title":"Energy Solutions — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2010-04-02","effective_on":null,"summary":"10-0032 response to Energy Solutions concerning 172.504, 173.24, 173.427.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-10-0032.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-10-0032.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-10-0032","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretations/2009/100032.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department of Transportation 1200 New Jersey Ave, SE\nWashington, D.C. 20590\nPipeline and Hazardous Materials\nSafety Administration\nAPR - 2 l010\nMr. James H. Portsmouth\nEnergy Solutions\n2345 Stevens Drive, Suite 240\nRichland, W A 99354\nRef. No. 10-0032\nDear Mr. Portsmouth:\nThis responds to your letter dated February 2, 2010 requesting clarification of the Hazardous\nMaterials Regulations (HMR; 49 CFR Parts 171-180) applicable to placarding requirements for\nClass 7 (radioactive) material. Specifically, you ask for clarification ofthe placarding\nrequirements for four unique scenarios. Your scenarios and questions are summarized and\nanswered as follows:\nScenario 1:\nFour cargo containers (large freight containers with a capacity of approximately 1280 cubic feet\n. each) used to transport LSA and SCO material on an Articulated Bulk Container (ABC) Railcar:\n• Each container contains less than an A2 quantity.\n• The containers are transported exclusive use.\n• The shipment is excepted from the marking and labeling requirements under 49 CFR\nI 73.427(a)(6)(vi).\n• The containers are marked \"RADIOACTIVE-LSA\" or \"RADIOACTIVE-SCO\" in\naccordance with § I 73.427(a)(6)(vi).\n• Each freight container is placarded on all four opposing sides with Class 7 (radioactive)\nmaterial placards before being loaded on the ABC railcar.\n• The freight containers are loaded on the ABC railcar by the consignor and remain on the\nABC car until they are removed by the consignee.\n• There is no intermediate loading or unloading associated with the freight containers or\ntransport vehicle.\n• There are no subsidiary hazards requiring additional communication.\n• The appropriate container testing certifications (e.g., AAR compliance statement) are\nappropriately affixed.\n• A shipping paper (in this case a Uniform Low Level Radioactive Waste Manifest) is\nproperly completed and delivered to the first rail carrier and the consignor.\n\n<<<PAGE 2>>>\n\nQI) Would the markings (i.e., \"RADIOACTIVE-LSA\" or \"RADIOACTIVE-SCO\") and Class 7\n(radioactive) material placards on the freight containers described above satisfy the\ncommunication requirements for the shipment in accordance with § 173.4277\nAI) Yes. Section 172.504 (Table I, Footnote I) requires placards to be applied to bulk packages\nand rail cars containing LSAJSCO transported as \"exclusive use\" in accordance with\n§§ 1 73.427(b)(4) and (5) or (c). Placards displayed on the freight container may be used to\nsatisfy the requirement to placard the railcar provided the placards are clearly visible from the\ndirection they face, except from the direction of another railcar to which the railcar is coupled\n(see § 172.516).\nScenario 2\nEight packages (containers with a capacity ofapproximately 96 fe each) used to transport LSA\nand SCO materials in a van trailer (i.e., a closed transport vehicle):\n• Each container contains less than an A2 quantity.\n• The containers are transported exclusive use.\n• The shipment is excepted from the marking and labeling requirements under\n§ 173.427(a)(6)(vi).\n• The containers are marked \"RADIOACTIVE-LSA\" or \"RADIOACTIVE-SCO\" in\naccordance with § 173.427(a)(6)(vi).\n• The van trailer (Le., transport vehicle) is placarded on 4 opposing sides with Class 7\nradioactive placards.\n• The containers are loaded on the trailer by the consignor and remain on the trailer until\nthey are removed by the consignee.\n• There is no intermediate loading or unloading associated with the containers or transport\nvehicle.\n• There are no subsidiary hazards requiring additional communication.\n• A shipping paper (in this case a Uniform Low Level Radioactive Waste Manifest) is\nproperly completed and delivered to the carrier and the consignor.\nQ2) Would the markings (i.e., \"RADIOACTIVE-LSA\" or \"RADIOACTIVE-SCO\") and Class 7\n(radioactive) material placards on the transport vehicle described above satisfy the\ncommunication requirements for the shipment in accordance with § 173.427?\nA2) No. Section I 72.504(e) (Table 1, Footnote 1) requires placards to be applied to bulk\npackages and transport vehicles containing LSAJSCO transported as \"exclusive use\" in\naccordance with §§ 173.427(b)(4) and (5) or (c). Thus, placards are required on the packages\nfor such shipments. Placards must also be affixed to the transport vehicle, however, §\n172.516 provides that the requirement to placard a motor vehicle may be met by the placards\ndisplayed on a freight container or portable tank loaded on a motor vehicle. For other types\nof bulk packages, placards must also be displayed on the motor vehicle.\n2\n\n<<<PAGE 3>>>\n\nScenario 3\nA shipment of various size radioactive packages meeting the requirements in § 173.24 and\n§ 173.410 in metal boxes (e.g., B-25 box) used to transport radioactive LSA and SCO material:\n• Each container contains less than an A2 quantity.\n• The containers are transported exclusive use.\n• The shipment is excepted from the marking and labeling requirements under\n§ 173.427(a)(6)(vi).\n• The containers are marked \"RADIOACTIVE-LSA\" or \"RADIOACTIVE-SCO\" in\naccordance with § 173.427(a)(6)(vi).\n• The packages are shipped on an open flat bed trailer.\n• The open flat bed trailer (i.e., transport vehicle) is placarded on four opposing sides with\nClass 7 placards.\n• The trailer is loaded by the consignor and unloaded by the consignee.\nQ3) Would the marking (i.e., \"RADIOACTIVE-LSA\" or \"RADIOACTIVE-SCO\") and Class 7\n(radioactive) material placards on the transport vehicle described above satisfy the\ncommunication requirements for the shipment in accordance with § 173.427?\nA3) No. Section 172.504 (Table 1, Footnote 1) requires placards to be applied to bulk packages\nand transport vehicles containing LSA/SCO transported as \"exclusive use\" in accordance\nwith §§ 173.427(b)(4) and (5) or (c). Therefore, if the packages are bulk packages, they must\nbe placarded in addition to the transport vehicle.\nScenario 4\nA Shipment ofClass 7 (radioactive) material utilizing a radioactive materials cask that is less than\n18 m used to transport radioactive LSA and SCO material:\n• The cask contains less than an A2 quantity.\n• The cask is certified to meet DOT 7 A, IP-I and IP-2 package.\n• The shipment is excepted from the marking and labeling requirements under\n§ 173.427(a)(6)(vi).\n• The cask is marked \"RADIOACTIVE-LSA\" or \"RADIOACTIVE-SCO\" in accordance\nwith § 173.427(a)(6)(vi).\n• The cask is transported as an exclusive use shipment.\n• The shipment is made by motor vehicle.\n• The transport vehicle (i.e., cask trailer) is placarded on 4 opposing sides with Class 7\n(radioactive) material placards and the front ofthe tractor is also placarded.\nQ4) Would the markings (Le., \"RADIOACTIVE-LSA\" or \"RADIOACTIVE-SCO\") and five\nplacards on the transport vehicle satisfy the communications requirements for this shipment in\naccordance with § 173.427?\nA4) Yes. Note that placards are only required to be displayed for bulk packages and transport\nvehicles containing LSAISCO transported as \"exclusive use\" in accordance with\n§§ I 73.427(b)(4) and (5) or (c) (see § 172.504(e)(Table I, Footnote I).\n3\n\n<<<PAGE 4>>>\n\nThe package you describe in Scenario 4 is not considered to be a bulk package. Thus,\nplacards are not required to be displayed on either the transport vehicle or the cask.\nI hope this answers your inquiry. If you need further assistance, please contact this office at 202·\n366-8553.\nsin:TkU\nCharles E. Betts\nChief, Standards Development\nce ofHazardous Materials Standards\n4\n\n<<<PAGE 5>>>\n\n£;~he-Vl, l~\n.~ f?173,t{21\nENERGYSOLUTIONS t21iJUI\n10-003'2February\n2,2010 FS-NW-LT-5318\nMr. Charles Betts\nMr. Michael Conroy\nU.S. Department ofTransportation\nPipeline and Hazardous Materials Safety Administration\nEast Building, 2nd Floor\nMail Stop: E21-317\n1200 New Jersey Ave., SE\nWashington, DC 20590\nSubject: Clarification of Letter of Interpretation\nDear Mr. Betts and Mr. Conroy,\nI would like to ask for a formal clarification on a recent letter of interpretation\n(Ref. Number: 09-0231) dated November 24, 2009 regarding the need to placard radioactive\nmaterial in a bulk packaging. The purpose ofthis correspondence is to obtain further\nclarification from the U.S. Department of Transportation (DOT) on marking; labeling and\nplacarding requirements for shipments ofradioactive materials, such as Low Specific Activity\n(LSA) shipments as well as Surface Contaminated Objects (SCO) normally shipped exclusive\nuse.\nTo assist in the clarification of this placarding requirement, I would like to ask your\ninterpretation on the following shipment scenarios which are regularly shipped by our company\nby motor vehicle and rail.\nScenario # 1\nFour Cargo Containers (large freight containers with capacity of approximately 1280 fe each)\nused to transport LSA and SCO material on an Articulated Bulk Container (ABC) Railcar:\n• Each container contains less than an Az quantity.\n• The containers are transported exclusive use.\n• The shipment is excepted from the marking and labeling requirements under\n49 CFR 173.427(a) (6) (vi).\n• The containers are marked \"RADIOACTIVE-LSA\" or \"RADIOACTIVE-SCO\" in\naccordance with 49 CFR 173.427(a) (6) (vi).\n2345 Stevens Drive. Suite NO • Ri~hland. WA 99354\n309.371.8006' Fax: 509.375.9500' www.energysolutions.~om\n\n<<<PAGE 6>>>\n\nENERGySOLlJ7IONS\nMr. Charles Betts FS-NW-LT-5318\nMr. Michael Conroy\nPage 2\nFebruary 2,2010\n• Each freight container is placarded on four opposing sides with Class 7 radioactive\nplacards before being loaded on the ABC car.\n• The freight containers are loaded on the ABC car by the consignor and remain on the\nABC car until they are removed by the consignee.\n• There is no intermediate loading or unloading associated with the freight containers or\ntransport vehicle.\n• There are no subsidiary hazards requiring additional cOITunu..nication.\n• The appropriate container testing certifications (e.g., AAR compliance statement) are\nappropriately affixed.\n• A shipping paper (in this case a Uniform Low Level Radioactive Waste Manifest) is\nproperly completed and delivered to the first rail carrier and the consignor.\nWould the markings (i.e. \"RADIOACTIVE-LSA\" or \"RADIOACTNE-SCO\") and Class 7\nradioactive placards on the freight containers described above satisfy the communication\nrequirements for the shipment in accordance with 173.427?\nScenario # 2\nEight packages (containers with capacity of approximately 96 ft3 each) used to transport LSA\nand SCO materials in a van trailer (i.e., a closed transport vehicle):\n• Each container contains less than an A2 quantity.\n• The containers are transported exclusive use.\n• The shipment is excepted from the marking and labeling requirements under\n49 CPR 173.427(a) (6) (vi).\n• The containers are marked \"RADIOACTNE-LSA\" or \"RADIOACTIVE-SCO\" in\naccordance with 49 CPR 173.427(a) (6) (VI).\n• The van trailer (i.e., transport vehicle) is placarded on 4 opposing sides with Class 7\nradioactive placards.\n• The containers are loaded on the trailer by the consignor and remain on the trailer until\nthey are removed by the consignee.\n• There is no intermediate loading or unloading associated with the containers or transport\nvehicle.\n• There are no subsidiary hazards requiring additional communication.\n• A shipping paper (in this case a Uniform Low Level Radioactive Waste Manifest) is\nproperly completed and delivered to the carrier and the consignor.\nWould the markings (Le., \"RADIOACTIVE-LSA\" or \"RADIOACTIVE-SCO\") and Class 7\nradioactive placards on the transport vehicle described above satisfy the communication\nrequirements for the shipment in accordance with 173.427?\n\n<<<PAGE 7>>>\n\nENERGVSOLUTIONS\nMr. Charles Betts FS-NW-LT-5318\nMr. Michael Conroy\nPage 3\nFebruary 2,2010\nScenario # 3\nA shipment of various size radioactive packages meeting the requirements in 173.24 and 173.410\nin metal boxes (e.g., B-25 box) used to transport radioactive LSA and SCO material\n• Each container contains less than an A2 quantity of material.\n• The containers are marked either \"RADIOACTIVE-LSA\" or \"RADIOACTIVE-SCO\",\n• The radioactive material is being shipped under 49 CFR 173.427(a) (6) (vi) and are\nexcepted from the marking and labeling requirements.\n• The various sized containers are shipped on an open flat bed trailer.\n• The open flat bed trailer (i.e., transport vehicle) is placarded on four opposing sides with\nClass 7 radioactive placards.\n• The shipment is loaded by the consignor and unloaded by the consignee.\n• The shipment is shipped as exclusive use.\nWould the marking (i.e., \"RADIOACTIVE-LSA\" or \"RADIOACTIVE-SCO\") and Class 7\nradioactive placards on the transport vehicle described above satisfy the communications\nrequirements for the shipment in accordance with 173.4277\nScenario # 4:\nA shipment of a radioactive material utilizing a radioactive materials cask that is less than 18 m3\n(640 ft 3) used to transport radioactive LSA and SCO material.\n• The cask contains less than an A2 quantity.\n• The cask is certified to meet DOT 7 A, IP-l and IP-2 package.\n• The shipment is excepted from the marking and labeling requirements under\n49 CFR 173.427(a) (6) (vi).\n• The cask is marked \"RADIOACTIVE-LSA\" or \"RADIOACTIVE-SCO\" in accordance\nwith 49 CFR 173.427.\n• The cask is transported as an exclusive use shipment.\n• The shipment is made by motor vehicle.\n• The transport vehicle (i.e. cask trailer) is placarded on 4 opposing sides with Class 7\nradioactive placards and the front of the tractor is also placarded.\nWould the markings (i.e. \"RADIOACTIVE-LSA\" or \"RADIOACTIVE-SCO\") and five placards\non the transport vehicle satisfy the communications requirements for this shipment 173.427?\n49 CFR 173.427 (a) (6) (v) states that the vehicle must be placarded in accordance with subpart F\nofpart 172. Therefore, we want to either placard the vehicle or else placard the packages in such\na way as to satisfy the requirement to placard the vehicle.\n\n<<<PAGE 8>>>\n\n~-=:;;ENERGVSOLVTIONS'\nMr. Charles Betts FS-NW-LT-5318\nMr. Michael Conroy\nPage 4\nFebruary 2,2010\nThank you for your time and consideration of these questions. I look forward to your response.\nSincerely,\nJames H. Portsmouth\nDirector of Transportation and Logistics\nFederal Services Group\nJmr","truncated":false,"body_characters":14147}