Riceland Foods, Inc. — Hazardous Materials Safety Interpretation

Page 1U.S. Deportment 1200 New Jersey Avenue SE of Transportation Washington. DC 20590 Pipeline and Hazardous Materials Safety Administration AUG 31 2011 Mr. Bob Cogen Manager, Air Dangerous Goods Compliance United Parcel Service 6406 Grade Lane Louisville, K Y 40213 Ref. No. 11-0145 Dear Mr. Cogen: This responds to your June 10,2011 request for clarification ofthe Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). Specifically, you ask if an excepted package of a Class 7 (radioactive) material that also meets the definition of a hazardous substance may be classed and described as "UN3077, Environmentally hazardous substance, solid, n.o.s., 9, III" or "UN3082, Environmentally hazardous substance, liquid, n.o.s., 9, III" (as applicable) under the provisions of § 173.2a(c)(5). The answer is no. Section 173.2a(c)(5) applies to a material that meets the definition ofmore than one hazard class or division. An excepted package of a Class 7 (radioactive) material cannot also meet the definition of a Class 9 (miscellaneous) material under the HMR. A Class 9 (miscellaneous) material is defmed in § 173.140 as a material which presents a hazard in transportation but which does not meet the definition of any other hazard class. The excepted package described in your letter meets the definition ofa Class 7 (radioactive) material. An example of an appropriate basic description for an excepted package of radioactive material that is also a hazardous substance is "UN29 10, Radioactive material excepted package-limited quantity of material, 7, RQ." I hope this answers your inquiry. If you need additional assistance, please contact this office at (202) 366-8553. StY~ Ben Supko Acting Chief, Standards Development Standards and Rulemaking Division#

Page 2Drakeford, Carolyn (PHMSA) From: Stevens, Michael (PHMSA) Sent: Monday, June 13, 2011 8:33 AM To: rcogen@ups.com Cc: Drakeford, Carolyn (PHMSA); Foster, Glenn (PHMSA) Subject: RE: Radioactive UN2910 RQ 4 Importance: High Good Morning Bob, I wifl pass your request on for a response. Thanks. Regards, Michael From: rcogen@ups.com [mailto:rcogen@ups.com] Sent: Friday, June 10, 2011 6:39 PM To: Stevens, Michael (PHMSA) Subject: Radioactive UN2910 RQ 4 Hello Michael, I hope you can help me or possibly direct me to someone who can provide some clarification on a question concerning the classification and documentation of radioactive excepted packages (UN2010 and UN2011) that require shipping papers under the provisions of 49 CFR 173.421, 173.422, 173.423, and 173.424 because they are also hazardous substances. Our company, other carriers, and many of our customers have been very confused concerning the proper classification and description of these packages on shipping papers. We have also had some significant difficulties passing data to carriers of other modes whose information systems require information for Class 7 shipments that is not applicable to an excepted package. After many hours of discussion we have narrowed our discussion to the following question. Mayan excepted package of radioactive material (UN2910 or UN2911) that meets the definition of a hazardous substance "Rail but of no other hazard class be classed as "UN3077, Environmentally Hazardous Substance Solid, NOS, 9, III" or "UN3082, Environmentally Hazardous Substance Liquid, NOS, 9, 11I"(as applicable) under the provisions of 173.2a(c)(5). We would of course require the material to be properly packaged, marked, and labelled as a class 9 and bear all the required markings for a radioactive excepted package per 49 CFR Part 173, Sub-Part I. 1#

Page 3We greatly appreciate your guidance on this issue and thank you in advance for your assistance. Best regards Bob Cogen Manager, Air Dangerous Goods Compliance 6406 Grade Lane Louisville, KY 40213 Phone: (502) 359-2951 Fax: (502) 359 2901 Cell: (502) 424-7970 2#