{"operation":"document","citation":"13-0080","title":"Detector Electronics Corporation — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2013-06-14","effective_on":null,"summary":"13-0080 response to Detector Electronics Corporation concerning 173.403, 173.436.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-13-0080.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-13-0080.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-13-0080","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2013/130080.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department of Transportation\nPipeline and Hazardous Materials\nSafety Administration\n1 JUN 1 4 2013\n1200 New Jersey Ave, S.E.\nWashington, D.C. 20590\nMr. Lee R. Zwiefelhofer\nSenior Logistics/Hazmat Specialist\nDetector Electronics Corporation\n6901 West ll01 h Street\nMinneapolis, MN 55438\nRef. No.: 13-0080\nDear Mr. Zwiefelhofer:\nThis is in response to your April 10, 2013 email requesting clarification on the definition of\n\"Consignment\" as it is used in the Hazardous Materials Regulations (HMR; 49 CFR Parts\n171-180) applicable to Class 7 (Radioactive) material. In your letter you describe a scenario\nin which you ship (consign) a product that contains Kr-85. When this product is shipped in\nquantities of six (6) or less, the consignment remains below the exempt consignment\nactivity limit shown in§ 173.436. Your questions are paraphrased and answered below.\nFor the purposes of our response we assume that in all cases your product exceeds the\nactivity concentration limit for Kr-85.\nQI. Would a consignment of four ( 4) orders of six (6) products each (resulting in a total of\n24 products) containing Kr-85 that originate from the same consignor, are picked up and\ninitially transported on the same conveyance, but going to different consignees exceed the\nexempt consignment activity limit?\nA 1. Yes, the consignment exceeds the exempt consignment activity limit and meets the\ndefinition of a Class 7 (Radioactive Material)(§ 173.403). While the products are destined\nfor different consignees, all of the products are offered for transport from the same\nconsignor at the same time, on the same conveyance.\nQ2. Can a single consignment of 24 products containing Kr-85 originating from one\nconsignor and destined for one consignee be separated into four ( 4) separate consignments\nby creating four ( 4) separate shipping papers of six ( 6) products per consignment?\nA2. If the 24 products are offered from one consignor on the same conveyance, at the same\ntime, they are considered one consignment. It is not acceptable to create 4 separate shipping\ndocuments and to declare it as 4 separate consignments in order to avoid compliance with\nthe HMR.\nQ3. Your company receives four ( 4) orders of six ( 6) products, each containing Kr-85.\nThis is an international air consignment using a freight forwarder. All 24 products will be\n\n<<<PAGE 2>>>\n\npicked up from the same consignor, but are destined for different consignees. All of the\nproducts will be offered by the same consignor and will be picked up at the same time by\nthe same carrier. Would this exceed the exempt consignment activity limit?\nA3. As in Q 1, since the 24 products originate from the same consignor and are transported\non the same conveyance, the consignment exceeds the exempt consignment activity limit\nand meets the definition of a Class 7 (Radioactive Material)(§ 173.403).\nQ4. Your company receives one (1) order for 24 products containing the Kr-85. This is an\ninternational air consignment using a freight forwarder. Can the order be broken up into\nfour ( 4) separate consignments of six ( 6) products per consignment by obtaining four ( 4)\ndifferent air waybill numbers from the freight forwarder, thus creating different\nconsignments, even though all the entire order will be picked up at one location, from a\nsingle consignor and destined to a single consignee?\nA4. As in Q2, if the 24 products are being shipped together from one consignor on the same\nconveyance, they must be considered one consignment. It is not acceptable to create 4\nseparate shipping documents and to declare it as 4 separate consignments in order to avoid\ncompliance with the HMR\nQS. Since the definition of consignment as it is used in§ 173.403 does not limit a carrier\nfrom transporting multiple consignments on the same conveyance, even ifthe activity level\nfrom all of these consignments together would exceed the exempt consignment activity\nlimit, would it be acceptable for a single consignor to offer multiple consignments at the\nsame time and still remain below the exempt consignment activity limit?\nAS. We do not require a carrier to account for the accumulation of multiple consignments\nthat individually do not meet the definition of radioactive material. However, we do we do\nrequire consignors who are familiar with the items being offered for transport, to properly\nclass all of the items that they are shipping together.\nI hope this information is helpful. If you have further questions, please do not hesitate to\ncontact this office.\n-\nw~-\nDelmer Billings ~\nSenior Regulatory Advisor\nStandards and Rulemaking Division\n\n<<<PAGE 3>>>\n\nLear~\n~ '~' .£> d/1 ~\nDrakeford, Carolyn (PHMSA) ~ I 1 3 w 1 (.L)\nFrom:\nSent:\nTo:\nSubject:\nINFOCNTR (PHMSA) S /f3• H-8 ~t\nWednesday, April10, 2013 5:05PM I'\\._ (), '-J,..... c\nDrakeford, Carolyn (PHMSA) i.Je11 f)J J I Q J'1 ~\nFW: Requesting Formal Letter of Interpretation 173.403, 173.436 l ';? _ {)Q~\nHi Carolyn,\nThis caller requested we submit his e-mail as a formal letter of interpretation.\nThanks,\nVictoria\nFrom: Zwiefelhofer, LeeR CCS [mailto:Lee.Zwiefelhofer@det-tronics.com]\nSent: Wednesday, AprillO, 2013 11:40 AM\nTo: INFOCNTR (PHMSA)\nSubject: Requesting Formal Letter of Interpretation 173.403, 173.436\nDear Sir or Madam:\nDetector Electronics Corporation is requesting a formal Letter of Interpretation for the definition of \"Consignment\" in\nparagraph 173.403 Definitions specifically as it relates to Table 173.436 and the \"Activity limit for exempt consignment\"\nfor Class 7 hazardous materials.\nThe definition given for a consignment under CFR 49, paragraph 173.403 states that \"Consignment means a package or\ngroup of packages or load of radioactive material offered by a person for transport in the same shipment\".\nThis definition seems to leave a fair amount of room for interpretation and I would like formal clarification on just exactly\nwhat the boundaries are for shipments and what the definition of \"same shipment\" is within the definition of\n\"consignment\" when shipping radioactive materials that fall under the activity limit for exempt consignment in Table\n173.436 for class 7 materials.\nExamples:\nIf Detector Electronics has a product line that remains under the activity limit for exempt consignment given in Table\n173.436 for Kr-85 when shipping 6 each or less of a particular product and does not otherwise meet the definition of a\nhazardous material in paragraph 171.8, what are the limitations for the scenarios as described below:\n1. 2. Detector Electronics gets four (4) Factory Orders of 6 products each containing the Kr-85. The shipments will be\nmade using UPS Ground. They are all picking up from one location, from same consignor, going to different\nconsignees, shipping on the same day, getting picked up at the same time by the same carrier. Can UPS pick up all\nof these 4 consignments at the same time?\nDetector Electronics gets one (1) Factory Order of 24 products containing the Kr-85. The shipment will be made\nusing UPS Ground. Can the Factory Order be broken up into 4 separate UPS ground shipments of 6 each with\ndifferent tracking numbers creating different consignments all picking up at one location, from same consignor\ngoing to the same consignee, shipping on the same day, getting picked up at the same time with the same carrier\nand still comply with the exempt consignment definition?\n1\n\n<<<PAGE 4>>>\n\n3. 4. Detector Electronics gets four (4) Factory Orders of 6 products each containing the Kr-85. The shipment is an\ninternational air shipment using a freight forwarder. They are all picking up from one location, from same\nconsignor, going to different consignees, shipping on the same day, getting picked up at the same time by the\nsame carrier. Can the freight forwarder's nominated carrier pick up all4 of these consignments at the same time?\nDetector Electronics gets one (1) Factory Order of 24 products containing the Kr-85. The shipment is an\ninternational air shipment using a freight forwarder. Can the Factory Order be broken up into 4 separate\nshipments of 6 each by getting 4 different House Air Waybill (HAWB) numbers from the freight forwarder creating\ndifferent consignments all picking up at one location, from same consignor going to the same consignee, shipping\non the same day, getting picked up at the same time with the same carrier and still comply with the exempt\nconsignment definition?\nI have given just a few examples of a wide variety of scenarios that Detector Electronics or any other company might get\non any given day. One freight forwarder or small parcel carrier could pick up several consignments (to the same\nconsignee or to different consignees) as described above combining the exempt consignments of class 7 together on one\nvehicle. This could happen through-out the supply chain. Several freight forwarders could move exempt consignments of\nthe class 7 to an airline from several consignors going to different consignees and they could all get loaded onto one plane\nunder one Master Air Waybill.\nSince it would seem by the DOT's Consignment definition that the multiple consignments from one company or different\ncompanies of Class 7 exempt consignments could all be put together on one vehicle at the same time during normal daily\npick-ups, it might therefore also be acceptable for one company to break up one factory order into multiple consignments\n(different tracking numbers, different bill of lading numbers, different House Air Waybill Numbers, etc.) to get the activity\nlevel of each consignment under the limit as specified in table 173.436 and still comply with the intent of the consignment\ndefinition for daily shipments.\nI would appreciate detailed clarification on the consignment definition under 173.403 and it's usage as related to\nshipments of Class 7 material with activity limits that are at or under those listed under Table 173.436 exempt\nconsignments per the examples given above.\nThank you for your assistance in this matter.\nRegards,\nLee R. Zwiefelhofer\nSenior Logistics/HazMat Specialist\nDetector Electronics Corporation\n6901 West 110th Street\nMinneapolis, MN 55438\nPhone Direct: 952-946-6467\nFax: 952-829-8750\nlee.zwiefelhofer@det-tronics.com\n2","truncated":false,"body_characters":10192}