{"operation":"document","citation":"10-0159","title":"Sandia National Laboratories — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2010-12-28","effective_on":null,"summary":"10-0159 response to Sandia National Laboratories concerning 171.23, 171.24.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-10-0159.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-10-0159.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-10-0159","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretations/2010/100159.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department of Transportation Pipeline and Hazardous Materials\nSafety Administration\n1200 New Jersey Ave, SE\nWashington, D.C. 20590\nDEC 2 8 2illJ\nRobert Rivera and Monica Ruiz\nPackaging Engineers\nSandia National Laboratories\nPO Box 5800\nAlbuquerque, NM 87185\nReference No. 10-0159\nDear Mr. Rivera and Ms. Ruiz:\nThis is in response to your e-mail requesting clarification of the Hazardous Materials\nRegulations (HMR; 49 CFR Parts 171-180) applicable to the shipment of packages containing\nexplosives (primary hazard) with an excepted quantity of limited quantity Class 7 (radioactive)\nmaterial. Specifically, you ask if the HMR require the proper shipping name of the subsidiary\nhazard as a marking for both domestic and international shipments. You note that the\nInternational Air Transport Association (lATA) Dangerous Goods Regulations require that\npackagings are marked with the proper shipping name for the explosive material as well as the\nproper shipping name for the radioactive subsidiary hazard.\nThe answer is no. The International Air Transport Association (lATA) Dangerous Goods\nRegulations do not have official standing under the HMR. However, the provisions of § 171.23\nand § 171.24 of the HMR authorize the use of the International Civil Aviation Organization's\n(ICAO) Technical Instructions as authorized by the HMR for packaging, marking, labeling,\nclassifying, and describing hazardous materials which are transported by air and by motor\nvehicle either before or after being transported by air. Special Provision A130 of the leAO\nTechnical Instructions requires that when this material meets the definitions and criteria of other\nclasses or divisions, it must be classed in accordance with the predominant subsidiary risk. Such\nmaterial must be declared under the proper shipping name and UN number appropriate for the\nmaterial in that predominant Class or division, with the addition of the name applicable to this\nradioactive material, and must be transported in accordance with provisions applicable to that\nUN number. Under § 173.423(b) of the HMR limited quantities of radioactive materials are not\nrequired to have the subsidiary hazard label placed on the package. A limited quantity Class 7\n(radioactive) material, which is classed other than Class 7 is excepted from the requirements of\n§§ 173.422(a), 172.203(d), and 172.204(c)(4) of the HMR provided the entry \"Limited quantity\n\n<<<PAGE 2>>>\n\nradioactive material\" appears on the shipping paper in association with the basic description.\nHowever, there is nothing in the HMR that would preclude you from placing the subsidiary\nproper shipping name marking on the packaging.\nI hope this information is helpful. Please contact this office if you have additional questions.\nSincerely,\nT. Glenn Foster\nChief, Regulatory Review and Reinvention Branch\nStandards and Rulemaking Division\n\n<<<PAGE 3>>>\n\nAndreWs\nt!J 112. tOZ 5f A/3D\nDrakeford, Carolyn (PHMSA)\n'teaad Prov/sidt!s\nFrom:\nKelley, Shane (PHMSA)\nSent:\nMonday, July 26,201011:47 AM 10-0)8'1\nTo: Drakeford, Carolyn (PHMSA)\nCc: Betts, Charles (PHMSA); 'rpriver@sandia.gov'\nSubject: FW: Special Provision A 130\nCarolyn,\nCould you kindly log this in as a request for a formal interpretation of the applicability of the ICAO Technical Instructions\nSP A 130? I'll be glad to assist on the response.\nThanks,\nShane\nShane C. Kelley\nInternational Transportation Specialist\nOffice of Hazardous Materials Safety\nPipeline and Hazardous Materials Safety Administration\nU.S. Department of Transportation\nVoice: 202-366-4359\nFAX: 202-366-5713\nFrom: Rivera, Robert P [mailto:rpriver@sandia.gov]\nSent: Friday, July 09, 2010 5:06 PM\nTo: Kelley, Shane (PHIVlSA)\nCc: Ruiz, Monica; Spangler, Richie\nSubject: FW: Special Provision A130\nMr. Kelley,\nAs discussed on the phone, we would like to understand a bit more about Special Provision A130 of the lATA regulations.\nWe have explosive packages (primary hazard) with a subsidiary hazard of excepted quantity radioactive material. we\nneed to ship these packages via both domestic and international air. As we read SP A 130, we are required to include the\ndescription \"Radioactive material, excepted package-limited quantity of material\" in the PSN on the shipping document. In\naddition, we have been told (see message from a lATA representative, copied below), that we are required to use this\nadditional description as part of the marking requirements for such packages.\nHowever, 49 CFR seems to differ with lATA. We read 49 CFR to prohibit alteration of the PSN as described in lATA and\nrequires the marking to only include the actual PSN for the explosive hazard. Can you clarify our understanding on these\npoints?\nWe need to know how to proceed given the apparent differences currently provided by 49 CFR and the lATA DGR.\nThanks for your assistance with this issue.\nRobert Rivera and Monica Ruiz\nPackaging Engineers\nSandia National Laboratories\nPhone: 505-284-6982 and 505-284-4500\n1\n\n<<<PAGE 4>>>\n\nFrom: YMQ Dangerous Goods [mailto:dangood@iata.org]\nSent: Wednesday, June 23, 20107:53 AM\nTo: Rivera, Robert P; YMQ Dangerous Goods\nSubject: RE: Special Provision A130\nDear Robert,\nThank you for taking the time to enquire with us.\nSince the \"new\" PSN includes the Radioactive material in excepted package indication I believe that you do not have a\nchoice but to include it on the package.\nPlease don't hesitate to contact us should you require more information or if we can be of further assistance.\nRegards,\nBrendan SULLIVAN\nManager, Cargo Standards\nIDFS I Cargo\nTel +1 5148740202 ext 3267\nFax +1 5148742660\nsullivanb@iata.org\nInternational Air Transport Association\n800 Place Victoria P.O. Box 113\nMontreal, Quebec, Canada H4Z 1 M1\nwww-iata.org\nToward::; zero emissions, every little help::;!\nThink before ','0 1 .) print this e-m.ail.\nFrom: Rivera, Robert P [mailto:rpriver@sandia.gov]\nSent: Tuesday, June 22, 20105:59 PM\nTo: YMQ Dangerous Goods\nSubject: Special Provision A130\nMr. Good,\nI have a question about the application of Special Provision A130.\nA130 clearly applies to the way a dangerous good is described on the Shipper's Declaration. Does A130 have\nimplications for how the container should also be marked?\nFor example, when Section 7.1.5.1 (a) requires the container to bear the PSN of the contents, does this mean that the\ncontainer should bear the entire phrase \"Flammable liquid, n.o.s. {ethanol and toluene mixture, Radioactive material,\nexcepted package - limited quantity of material\"? Or would the container still be properly marked (with regards to PSN) if it\nsimply read \"Flammable liquid, n.o.S. (ethanol and toluene mixture)\"?\n2","truncated":false,"body_characters":6634}