Mr. Denis Jacques — Hazardous Materials Safety Interpretation

Page 1U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration 1200 New Jersey Avenue, SE Washington, D.C. 20590 APR 2 0 2012 Mr. Denis Jacques 145 Fort Shantok Rd. Uncasville, CT 06382 Ref. No: 11-0221 Dear Mr. Jacques: This is in response to your request for clarification of the Hazardous Materials Regulations (HMR; 49 CPR Parts 171-180) applicable to the marking and labeling requirements for overpacks containing excepted packages of radioactive instruments and articles. Specifically, you cite Answer 2 (A2) in our interpretation letter #09-0235 dated January 8, 2010, and ask whether the sections referenced in that answer(§§ 173.448(g), 172.403(h) and 173.25( a)) apply to a package that is shipped in accordance with §§ 173.424 and 173.422. The answer is no. In the January 8, 2010 letter, A2 was prefaced with the word "Generally" and was not intended to cover excepted packages. As specified in§ 173.422, excepted packages of Class 7 (radioactive) material that are prepared under the provisions of certain sections, including§ 173.424, are not subject to any additional requirements of the HMR except for those set forth in§§ 173.422 and 173.424. As such, and consistent with A2 in the January 8, 2010 letter, a radioactive instrument or article and its packaging must comply with the requirement specified in§ 173.422(a), and be marked with "UN" and the four digit identification number. I hope this information is helpful. Please contact this office should you have additional questions. Sincerely, T. Glenn Foster Chief, Regulatory Review and Reinvention Branch Standards and Rulemaking Division#

Page 2Drakeford, Carolyn (PHMSA) From: Billings, Delmer (PHMSA) ?q ci.Ct 9ln~s ...,. o~~e1o..Lk> Sent: Thursday, September 01, 2011 11:19 AM L I -DZZ.J To: Drakeford, Carolyn (PHMSA) Cc: Betts, Charles (PHMSA); Supko, Ben (PHMSA); wilson, leandrew (PHMSA) Subject: FW: Feedback: General Questions/Comments Regarding the PHMSA Enforcement Program -----Original Message----- From: PHMSA-Feedback [mailto:PHMSA-Feedback] Sent: Friday, August 26, 2e11 4:28 PM To: HM-Enforcement (PHMSA); PHMSA Webmaster Subject: Feedback: General Questions/Comments Regarding the PHMSA Enforcement Program I am writing for clarification of a letter interpretation issued by your office. It appears to me that the interpretation directly contradicts the regulations. I am hoping you can help me understand whether I am misreading the regulations or the interpretation or if the interpretation may missed the mark. The letter of interpretation I am referring to is reference number e9-e235. Specifically A2 is what I am having a hard time understanding. The question and answer discuss whether carrying the "UN2911n marking of a box over to a pallet which the box(es) is loaded. The answer references a number of paragraphs (173.448(g), 172.4e3(h) and 173.25(a)) within the subchapter and in the end states "Thus, the overpack must be marked, and labeled as required for each hazardous material it contains, unless markings and labels representative of each hazardous material in the overpack are visible.» Assuming the packages being discussed are being shipped in accordance with 49 CFR 173.424, paragraph 173.422 states that these packages are not subject to any other requirement of the Subchapter, expect as stated within that paragraph. If this is true, none of the paragraphs reference in the answer would be applicable to the package. Yours truly, Denis Jacques 145 Fort Shantok Rd Uncasville, CT Name: Denis Jacques Email: djacgues@ct.metrocast.nert Address: 145 Fort Shantok Rd City: Uncasville Zip Code: e6382 Phone: (86e) 848-15e9 1#