{"operation":"document","citation":"11-0017","title":"Currie Associates, Inc. — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2011-03-08","effective_on":null,"summary":"11-0017 response to Currie Associates, Inc. concerning 173.310.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-11-0017.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-11-0017.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-11-0017","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretations/2011/110017.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department of Transportation Pipeline and Hazardous Materials\nSafety Administration\n1200 New Jersey Avenue SE\nWashington, DC 20590 •\nMAR - 8 2011\nMr. John V. Currie\nCurrie Associates, Inc.\n10 Hunter Brook Lane\nQueensbury, NY 12804\nRef. No. 11-0017\nDear Mr. Currie:\nThis responds to your January 18, 2011 letter regarding exceptions for radiation detectors\nunder § 173.310 of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180).\nSpecifically, you are concerned there is no instruction or direct reference to these\nexceptions in the·§ 172.101 Hazardous Materials Table (HMT). You also inquire whether\nthese exceptions are intended for domestic use only and whether PHMSA has submitted a\nproposal to the UN Subcommittee ofExperts (UNSCOE) on the Transport of Dangerous\nGoods to include these exceptions in the UN Model Regulations.\nYour understanding is correct. There is neither a \"radiation detector\" hazardous materials\ndescription nor a reference to § 173.310 in the Column 8 packaging authorizations ofthe\nHMT. These exceptions were adopted under HM-233A (75 FR 27205; May 14,2010) to\nincorporate provisions from special permits suitable for inclusion in the HMR, which\napplies to the transportation ofhazardous material within the United States. We have not\nsubmitted a proposal to the UNSCOE to adopt these exceptions. It is the shipper's\nresponsibility to be aware of any and all provisions for packaging and preparation of gases\n(see Subpart G of Part 173) that are applicable to the hazardous material being shipped. A\nshipper can accomplish this by providing employees with a proper training program in\naccordance with the training requirements in Subpart H of Part 172.\nIfyou believe a rulemaking change is warranted, we invite you to file a petition in\naccordance with § 106.95 including all information (see § 106.100) needed to support\nyour petition.\nI hope this information is helpful. If you have further questions, please contact this office.\nSince~:s~\nBen Supko\nActing Chief, Standards Development Branch\nStandards and Rulemaking Division\n\n<<<PAGE 2>>>\n\nber kin de ~ f1\n§ll z., /0 I\n<§,73·3ID\nS~cepf,ons\n11- DD/7\nCURRIE ASSOCIATES, INC.\nTHE GLOBAL COMPLIANCE PROFESSIONALS\nJanuary 18, 2011\nMr. Shane Kelley\nInternational Standards Specialist\nOffice of Hazardous Materials Safety\nU.S. Department of Transportation\nPipeline and Hazardous Materials Safety Administration\n1200 New Jersey Ave. SE\nWashington, DC 20590\nDear Mr. Kelley:\nI greatly appreciate the efforts of PHMSA to incorporate Special Permits into regulations as set out in\nDocket No. PHMSA-2009-0289 (HM-233A) Final Rule of May, 14, 2010. I understand these revisions will\neliminate the need for numerous requests for special permits and renewals.\nOf particular interest, I note the inclusion of a new section within Part 173, to provide exceptions for\nradiation detectors at §173.310 included in this Final Rule. The affected special permits incorporated\ninto this section include DOT-SP 9030, 9940,10407,12131,12415,13026,13109, and 13244. While I\nunderstand the provisions of §173.310 for such radiation detectors, radiation sensors, electron tube\ndevices, or ionization chambers, herein referred to as \"radiation detectors\" that contain only Division\n2.2 gases, I am at a loss to determine how a user of the HMR would be directed to find and use these\nexceptions as authorized. I have conducted a search of Column (SA) of the Hazardous Materials Table at\n§172.101, which provides exceptions per Part 173 (§173.***) and find no entry referring to 1/310\" thus\nindicating §173.310. For example, I find no proper shipping name in Column (2) ofthe Table for\n\"Radiation detectors\" that would refer the user to the exceptions authorized at §173.310. Is this an\nerror in the rulemaking?\nSecondly, has PHMSA presented a proposal to the UN Subcommittee on the Transport of Dangerous\nGoods to include the exceptions as provided at §173.310 or are these exceptions intended to be\nauthorized for domestic transportation only? If there is no corresponding description and/or there are\nno such exceptions in the UN Model Regulations, should there be an entry with a \"D\" in Column (1) for\n\"Radiation detectors\" and since there are no exceptions authorized for shipping papers, should there\nnot be a hazard class assigned along with such a proper shipping name?\n10 HUNTER BROOK LANE QUEENSBURY, NY 12804' TEL: (518) 761-0668' FAX: (518) 792-7781\nwww.currieassociates.com·mail@currieassociates.com\n\n<<<PAGE 3>>>\n\nThank you for your prompt attention to this matter as it may have significant impact on safe\ntransportation of such devices. I seek and await your expeditious reply.\nSincerely,\nJohn V. Currie\nChief Technical Officer","truncated":false,"body_characters":4722}