{"operation":"document","citation":"15-0036","title":"U.S. Department of Energy — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2015-06-10","effective_on":null,"summary":"15-0036 response to U.S. Department of Energy concerning 173.403, 173.441.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-15-0036.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-15-0036.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-15-0036","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2015/150036.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department\nof Transportation\n1200 New Jersey Avenue SE\nWashington, DC 20590\nMaterials Safety\nPipeline and Hazardous\nAdministration\nJUN 1 0 2015\nMr. Dennis W. Claussen\nNuclear Safety Engineer/Traffic Manager\nU.S. Department of Energy\nRichland Operations Office\nP.O. Box 550, MS A5-17\nRichland, Washington 99352\nReference No. 15-0036\nDear Mr. Claussen:\nThis is in response to your February 20, 2015 email requesting clarification of the.\nHazardous Materials Regulations (HMR; 49 CFR Parts 100-185) with regard to the\ntransportation of Class 7 radioactive materials. Specifically, you ask if Class 7 radioactive\nmaterials may be transported as \"exclusive use\" as defined in § 173.403 even when not\nrequired to be transported in this manner under the HMR. You indicate that the majority\nof your shipments are not required to be transported as \"exclusive use\" in accordance with\n§ 173.441(b) as the materials do not exceed the dose rate limit in§ 173.441(a), and have\nboth a Transport Index and Criticality Safety Index of less than 50 for the conveyance.\nEffective January 1, 2016, consignments may only be offered as \"exclusive use\" in\naccordance with the definition for \"exclusive use\" in § 173.403. On January 8, 2015,\nPHMSA published a final rule under Docket Number PHMSA-2013-0260 (HM-215M)\n[80 FR 1075] that revised the definition of \"exclusive use\" to align the HMR with the UN\nModel regulations. The definition was revised to clarify that \"exclusive use\" only applies\nwhen compliance is required by the regulations, such as when the limits of § 173.441(a) or\n(d) are exceeded.\nHowever, consignments of Class 7 radioactive materials not meeting the criteria for\n\"exclusive use\" as defined in § 173.403 may be permissively offered under the same\ntransport conditions provided that the consignment is not expressly declared or identified\nas \"exclusive use.\" Declaring as \"exclusive use\" when not required by the HMR could\nlead to improper emergency response or handling. Therefore, if the criteria for \"exclusive\nuse\" are not met, but the offeror elects to permissively apply the same transport conditions\nin full or part, it must not be formally conveyed as \"exclusive use\" to the carrier,\nconsignee, or any other party in the transportation chain.\n\n<<<PAGE 2>>>\n\nI trust this information is helpful. If you have further questions, please do not hesitate to\ncontact this office:\nDuane A. Pfund\nInternational Standards Coordinator\nStandards and Rulemaking Division\n\n<<<PAGE 3>>>\n\nWiner\n$173.441(a)\nDodd, Alice (PHMSA)\nadiantior\nsenel\n15-00.36\nSent:\nFrom:\nCiccarone, Michael CTR (PHMSA)\nFriday, February 20, 2015 11:18 AM\nTo:\nHazmat Interps\nSubject:\nFW: Request for written letter of interpretation, Rev. 1\nShante/Alice,\nPlease submit this for a formal letter of interpretation.\nThanks,\nMike\nFrom: Claussen, Dennis W [mailto:dennis.claussen@rl.doe.gov.]\nTo: INFOCNTR (PHMSA)\nSent: Thursday, February 19, 2015 4:31 PM\nSubject: RE: Request for written letter of interpretation, Rev. 1\nFrom: Claussen, Dennis W\nSent: Thursday, February 19, 2015 1:10 PM\nTo: infocntr@dot.gov\nSubject: Request for written letter of interpretation\nUS Department of Energy, Richland Operations Office\nP.O. Box 550, MS A5-17\nRichland, WA 99352\nStreet address:\n825 Jadwin Ave.\nRichland, WA 99352\nTo whom it may concern:\nIn the past, the US Department of Energy have made some radioactive shipments (such as Transuranic Waste shipments\nto Waste Isolation Pilot Plant and Low level waste shipments between DOE sites or commercial facilities) in Type A and\nType B packagings as exclusive use. However most of these shipments are NOT required to be exclusive use per the\nHazardous Material Regulations (the dose rate meet 49 CFR 173.441(a), Transport Index is less than 50 for the\nconveyance, and Criticality Safety Index is less than 50 for the conveyance). Can the DOE and their contractors invoke\nexclusive use requirements for shipments that the Hazardous Material Regulations do not required to be exclusive use?\nThis implying that the shipping paper will state \"exclusive use shipment.\"\nDennis W. Claussen\nUS Department of Energy, Richland Operations Office\n1\n\n<<<PAGE 4>>>\n\nNuclear Safety Engineer| Traffic Manager\nPhone: (509) 372-0938\nEmail: dennis. claussen @rl. doe. gou\nDennis W. Claussen\nUS Department of Energy, Richland Operations Office\nNuclear Safety Engineer| Traffic Manager\nPhone: (509) 372-0938\nEmail: dennis. claussen @rl. doe. you\n\"Get your facts first and then you can distort them as much as you please. \" Mark Twain\n2","truncated":false,"body_characters":4533}