{"operation":"document","citation":"10-0063","title":"Colorado Department of Public Health and Environment, Radioactive Materials Unit — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2010-06-29","effective_on":null,"summary":"10-0063 response to Colorado Department of Public Health and Environment, Radioactive Materials Unit concerning 171.8.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-10-0063.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-10-0063.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-10-0063","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretations/2010/100063.pdf","body":"<<>>\n\nU.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration\n1200 New Jersey Ave, SE\nWashington, D.C. 20590\nJUN 2 9 2010\nMr. Ed Stroud, Health Physicist\nCompliance Lead\nRadioactive Mat.erials Unit\nColorado Department of Public\nHealth and Environment\n4300 Cherry Creek Drive South\nDenver, Colorado 80246-1530\nRef. No.1 0-0063\nDear Mr. Stroud:\nThis responds to your letter requesting validation of a clarification issued by this office on May\nl7, 2002 (Reference Number 02-01(6), regarding the definition of an overpack under the\nHazardous Materials Regulations (HMR; 49 CFR Parts 171-180). Specifically, you ask whether\nan overpack as currently defined under the HMR is an enclosure used by a single consignor to\nprovide protection or convenience in the handling of a package or to consolidate two or more\npackages. Additionally, you ask for confirmation that the overpack definition does not include\ntransport vehicles.\nThe answer to both of your questions is yes. An overpack is one or more packages placed in a\nprotective ouler packaging such as a box or crate. An overpack must meet the definition in\n§ 171.8 and does not include a transport vehicle, also defined in § 171.8 of the HMR. Thus, our\nprevious clarification on this matter remains valid.\nI trust this satisfies your inquiry. Please contact us if we can be of further assistance.\nSincerely,\nHattie L. Mitchell\nChief, Regulatory Review and Reinvention\nOffice of Hazardous Materials Standards\n\n<<>>\n\nPlessas, Karen (PHMSA)\nFrom: Ed Stroud [estroud@smtpgate.dphe.state.co.us] c§ }13 I Z-f\nSent: Tuesday, February 23, 2010 1:03 PM\nTo: Plessas, Karen (PHMSA) OverptMt~\nSubject: Re: Overpack Question\n~O~OO ~3\nThanks. That would help. BTW, Randy Erickson from NRC forwarded a copy of Mr. Delmer Billings\n(USDOT) letter dated 5/17/02 regarding overpacks. In that letter to Ms. Shelly Espinoza, Mr.\nBillings seems to support the idea that compartments and containers, which are permanently\nattached to the vehicle, are part of the vehicle and not overpacks. I wonder if this\ninterpretation is still correct?\n-Ed\n»> 2/23/2010 10:32 AM »>\nEd,\nI am on travel this week, but when I get back to the office, I will try to find out the\nstatus on it for you.\nKaren\n----- Original Message ----From:\nEd Stroud \nTo: Plessas, Karen (PHMSA)\nSent: Tue Feb 23 10:19:09 2010\nSubject: RE: Overpack Question\nHello Karen, .\nHave you heard anything about my question concerning overpacks? As I mentioned in my prevlols\nemail, we have a radiography licensee who is transporting Yellow III packages in a built-in\ncompartment of a truck, and is calling the compartment an overpack. The information we've\nreceived from DOT in the past has always maintained that an overpack is a package and not\npart of the vehicle (like the trunk of a car). If DOT has changed this interpretation, please\nlet me know.\nThanks,\nEd Stroud, Health Physicist,\nCompliance Lead\nRadioactive Materials Unit\nColorado Department of Public Health and Environment\n»> 2/3/2010 7:59 AM »>\nEd,\nI don't see anything in our regulations that denies the use of a cabinet as an overpack as\nlong as it is properly marked and labeled. However, I am going to send this email to our\ntechnical people to see if they know of any objections and we will get back to you.\nKaren\nKaren Plessas\nRadioactive Materials Program Manager\nOffice of Hazardous Materials Enforcement Pipeline and Hazardous Materials Safety\nAdministration\n202-366-5267\n-----Original Message----From:\nEd Stroud [mailto:estroud@smtpgate.dphe.state.co.us]\n1\n\n<<>>\n\nPlessas, Karen (PHMSA)\nFrom: Plessas, Karen (PHMSA)\nSent: Wednesday, February 03, 2010 10:00 AM\nTo: 'Ed Stroud'\nCc: Simmons, Scott (PHMSA); Boyle, Rick (PHMSA); Williams, James (PHMSA); Conroy, Michael\n(PHMSA)\nSubject: RE: Overpack Question\nEd,\nI don't see anything in our regulations that denies the use of a cabinet as an overpack as\nlong as it is properly marked and labeled. However, I am going to send this email to our\ntechnical people to see if they know of any objections and we will get back to you.\nKaren\nKaren Plessas\nRadioactive Materials Program Manager\nOffice of Hazardous Materials Enforcement Pipeline and Hazardous Materials Safety\nAdministration\n2132-366-5267\n-----Original Message----From:\nEd Stroud [mailto:estroud@smtpgate.dphe.state.co.us]\nSent: Tuesday, February 132, 213113 4:213 PM\nTo: Plessas, Karen (PHMSA)\nSubject: Overpack Question\nHello Karen,\nRandy Erickson from NRC gave me your contact information.\nI have a transportation question I was hoping you could help with.\nToday I observed an industrial radiography licensee that regularly ships Yellow II and Yellow\nIII packages. For security reasons, they decided to use a cabinet within the darkroom on the\ntruck to store the package during shipment. They would like to classify this cabinet, which\nis built into and attached to the truck, as an overpack for transportation purposes. DOT\nmarkings and labels would be attached to the outside of the cabinet. Can a cabinet as\ndescribed above be considered an overpack?\nThanks,\nEd Stroud, Compliance Lead\nRadioactive Materials Unit\nColorado Department of Public Health and Environment\n1","truncated":false,"body_characters":5272}