{"operation":"document","citation":"15-0056","title":"Regulatory Resources, Inc. — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2015-06-17","effective_on":null,"summary":"15-0056 response to Regulatory Resources, Inc. concerning 172.203, 172.403, 173.25, 173.403, 173.421, 173.422, 173.448.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-15-0056.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-15-0056.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-15-0056","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2015/150056.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department\nof Transportation\nWashington. DC 20590\n1200 New Jersey Avenue SE\nPipeline and Hazardous\nAdministration\nMaterials Safety\nJUN 1 7 2015\nPresident\nMr. W.A. Winters\nRegulatory Resources, Inc.\n379 Aragon Avenue\nLos Alamos, NM 87544\nRef. No. 15-0056\nDear Mr. Winters:\nThis responds to your March 23, 2015 letter requesting clarification on the labeling requirements\nfor Class 7 radioactive material in overpacks under the Hazardous Materials Regulations (HMR;\n49 CFR Parts 171-180). Specifically, you request further clarification of two letters of\ninterpretation (Ref. No. 05-0052 and Ref. No. 06-0188) issued by this Office with regard to\n§§ 173.448(g) and 172.203(b), respectively.\nLetter Ref. No. 05-0052 addresses the applicability of labeling an overpack consisting of Class 7\n(radioactive) material packages (drums) that are placed onto a pallet. Question and Answer 4 in\nthe letter is specific to a non-rigid overpack. The question and answer provided states:\nQ4. If a non-rigid overpack is used, would the option of applying a label and\ndetermining a new dose rate be non-applicable, as long as the markings and labels are\nvisible?\nA4. The answer is yes, as long as the markings and labels are visible.\nRelative to the above question and answer, you ask if the requirement to label a non-rigid\noverpack (i.e., a pallet) containing labeled Class 7 (radioactive) material packages is actually a\nrequirement or if it is optional?\nIt is a requirement. As you indicate, § 173.448(g) requires that if an overpack is used, the\noverpack must be labeled in accordance with § 172.403(h). Note that § 173.448(g) also\nspecifically references that the overpack is to be marked in accordance with § 173.25, however,\nit does not reference § 173.25 for labeling. Section 172.403(h) does not provide an exception\nfor labeling overpacks and outlines the requirements for labeling of an overpack including\nconditions for rigid and non-rigid overpacks. Therefore, the overpack must be labeled with a\nClass 7 label that contains information on the content, activity, and transport index information\n\n<<<PAGE 2>>>\n\nas instructed in § 173.403(h)(1)-(3). This is necessary because of the unique hazard of\nradioactive material and communicating the aggregate radioactivity of the individual packages in\nthe overpack (i.e., on the pallet).\nLetter Ref. No. 06-0188 addresses the appropriate shipping description for a Class 7 material\nlimited quantity shipment (in accordance with § 173.421) which is required to have a shipping\npaper in accordance with § 173.422(e), if the material is a hazardous substance or hazardous\nwaste. Specifically, you request clarification of the additional description requirements of\n§ 172.203(b), as it relates to this type of shipment.\nYour questions related to Letter Ref. No. 06-0188 are paraphrased and answered as follows:\nQ1. Is the requirement in § 172.203(b) to add the words \"Limited Quantity\" or \"Ltd\nQty\" after the required basic description for a Class 7 (radioactive) material a\nrequirement or is it optional?\nAl. Adding the words \"Limited Quantity\" or \"Ltd Qty\" is a requirement. Although\n§ 172.203 (b) requires the words after the basic description, when the proper shipping\nname (PSN) \"Radioactive material, excepted package-limited quantity of material\" IS\nused, it is the opinion of this Office that the words \"limited quantity of material\" in the\nPSN satisfy the intent of this requirement and thus, the words \"Limited Quantity\" or \"Ltd\nQty\" need not be repeated following the basic description.\nQ2. Because the additional description requirement for limited quantities in § 172.203(b)\ndoes not include the phrase \"for example\" (or other like means of denoting such), is what\nis in quotes (i.e., \"UN2744, Cyclobutyl chloroformate, 6.1, (8, 3), PG II\")exactly how the\nadditional information is to appear on the shipping paper?\nA2. Yes.\n(202) 366-8553.\nI hope this answers your inquiry. If you need additional assistance, please contact this Office at\nSincerely,\nActing Chief, Standards Development Branch\nStandards and Rulemaking Division\n\n<<<PAGE 3>>>\n\nBoothe\n173.448(g)\nGoodall, Shante CTR (PHMSA)\nMeneral Traurortation\nFrom:\nCiccarone, Michael CTR (PHMSA)\nRequirements\nSent:\nTo:\nTuesday, March 24, 2015 9:56 AM\nHazmat Interps\nIS\n=005Z\nSubject:\nFW: Request for Interpretation\nAttachments:\nRRI Clarification Request - 173.448 & 172.203 (March 23, 2015).pdf\nShante/Alice,\nPlease submit this for a formal letter of interpretation.\nThanks,\nMike\nFrom: Wade Winters [mailto:wade@regulatoryresources.net]\nTo: INFOCNTR (PHMSA)\nSent: Monday, March 23, 2015 4:21 PM\nSubject: Request for Interpretation\nDear Hazardous Materials Information Center,\nI have attached a letter requesting clarification.\nThank you,\nWade Winters\nPresident\nRegulatory Resources, Inc.\nYour Training and Compliance Professionals\n509-628-1020\nwww.reghead.net\nThis e-mail and any attachments) are confidential and may contain proprietary information of Regulatory Resources, Inc. This e-mail and any attachments) ar\nor other use whatsoever by persons or entities other than the intended recipient(s) is strictly prohibited. If you received this in error, please delete the original\nntended solely for the person or entity to which it is addressed; they may contain legally privileged and protected matter. Any review, retransmission, disseminatior\ntransmission, destroy all electronic and hard copies, and notify the sender by return e-mail.\n1\n\n<<<PAGE 4>>>\n\n-\n379 Aragon Ave.\nRegulatory\nLos Alamos, NM 87544\nResources Ine.\nVoice: 509-628-1020\nVoice: 505-393-0111\n\"The Source You Come Back To\" P\ninfo@regulatoryresources.net\nwww.regulatoryresources.net\nMarch 23, 2015\nPipeline and Hazardous Materials Safety Administration\nStandards and Rulemaking Division\nAttn: PHH-10, U.S. Department of Transportation, East Building\n1200 New Jersey Avenue, SE.\nWashington, DC 20590-0001\nDear Hazardous Materials Information Center:\nRRI is seeking clarification with an allowance provided by your letters to relax regulatory requirements that\nappear to be mandatory. The two letters in particular are Ref. No. 05-0052 (April 13, 2005) concerning\n§173.448(g) and Ref. No. 06-0188 (September 8, 2006) specifically with regard to §172.203(b).\nLetter Ref. No. 05-0052\n(radioactive) material packages (drums) that are placed onto a pallet. Question/Answer 3 deals with the label\nThe subject in letter 05-0052 is the applicability of markings and labels for an overpack containing Class 7\nanswer provided state:\ndetermination for a rigid overpack. Question/Answer 4 is specific to a non-rigid overpack. The question and\nQ4) If a non-rigid overpack is used, would the option of applying a label and determining a new dose rate\nbe non-applicable, as long as the markings and labels are visible?\nA4) The answer is yes.\nThe term \"overpack\" is defined in §171.8 (General Definitions) and is not specifically redefine or excepted for\nClass 7 (radioactive) material. The definition of overpack states it is a:\n...means an enclosure that is used by a single consignor to provide protection or convenience in handling of\ncontainer, or aircraft unit load device. Examples of overpacks are one or more packages:\na package or to consolidate two or more packages. Overpack does not include a transport vehicle, freight\n(1) Placed or stacked onto a load board such as a pallet and secured by strapping, shrink wrapping, stretch\nwrapping, or other suitable means; or\n(2) Placed in a protective outer packaging such as a box or crate.\nis specified in §173.448(g):\nThe regulatory requirements for the labeling of an overpack containing Class 7 (radioactive) material package(s)\n(radioactive) materials, the package(s) must comply with the packaging, marking, and labeling requirements\n(g) If an overpack is used to consolidate individual packages or to enclose a single package of Class 7\nof this subchapter, and:\n(1) The overpack must be labeled as prescribed in §172.403(h) of this subchapter...\nParagraph §172.403(h) states:\n(h) When one or more packages of Class 7 (radioactive) material are placed within an overpack, the\noverpack must be labeled as prescribed in this section, except as follows:\n(1) The \"contents\" entry on the label may state \"mixed\" in place of the names of the radionuclides unless\neach inside package contains the same radionuclide(s).\n(2) The \"activity\" entry on the label must be determined by adding together the number of bequerels of\nthe Class 7 (radioactive) materials packages contained therein.\n\n<<<PAGE 5>>>\n\n379 Aragon Ave.\nRegulatory Resources, Inc.\nVoice: 505-393-0111 / Voice: 509-628-1020\nLos Alamos, NM 87544\ninfo@regulatoryresources.net\nwww.regulatoryresources.net\nMarch 23, 2015\nPage 2\n(3) For an overpack, the transport index (TI) must be determined by adding together the transport indices\npackages contained within the overpack for shipment.\n(4) The category of Class 7 label for the overpack must be determined from the table in §172.403(c) using\nof the overpack...\nthe TI derived according to paragraph (h)(3) of this section, and the maximum radiation level on the surface\nFirst, §173.448 mandates compliance with §172.403(h) by the use of the verb \"must\" (see §171.9(b)(2)).\nprescribes how that is to be derived. Please note that although not codified, the term \"rigid\" has been qualified\nSecond, §172.403(h)(3) requires an overpack, rigid or non-rigid, to have a new Transport Index established and\nin letter Ref. No. 02-0270 (March 21, 2003) to mean \"...the requirement for a rigid packaging means a packaging\nthat is not flexible, will retain its shape, and will not yield to knocks, bumps, drops, or other forces that may be\nencountered during transportation.\" The term \"rigid\" for drums on a pallet would not apply, and by default, be a\nnon-rigid overpack.\nI do find one subjective term in the first sentence in §172.403(h) - the term \"within\". This term is also not\ndefined in the Hazardous Materials Regulations. One must be careful not to assume its meaning. For example,\nplacing packages within a flatbed trailer clearly means they are located inside the vertical projected plane of the\nsides of the trailer. The application to a pallet is no different.\nTherefore, with regard to Question/Answer 4 in letter Ref. No. 05-0052 (April 13, 2005), and given the\nmandatory requirement for labeling of a non-rigid overpack, it appears the reply in your letter is one of common\nsense rather that true compliance.\nRRI Question 1: Is the requirement to label non-rigid overpacks (i.e., pallets) containing labeled Class 7\n(radioactive) material packages an option or requirement?\nLetter Ref. No. 06-0188\nThis letter concerns the appropriate shipping description for a Class 7 (radioactive) material limited quantity\nrequirements required by §172.203(b):\nshipment which requires a shipping paper per §173.422(e). Specifically at question is the additional description\nWhen a shipping paper is required by this subchapter, the description for a material offered for\ntransportation as \"limited quantity,\" as authorized by this subchapter, must include the words \"Limited\nQuantity\" or \"Ltd Qty\" following the basic description.\nYou state in your reply that: \"In accordance with §172.203(b), for a limited quantity shipment that also is a\nhazardous substance or hazardous waste, we the words \"limited quantity\" are part of the proper shipping name,\nyou need not repeat the words \"limited quantity\" following the basic description.\"\nThe term \"basic description\" is defined in §172.202(b) which reads:\n\"...the basic description specified in paragraphs (a)(1), (2), (3), and (4) of this section must be shown in\nsequence with no additional information interspersed.\"\nHence, the \"basic description\" comprises the Identification Number, Proper Shipping Name, Hazard\nClass/Division, and Packing Group (and as also seen in §172.203(c)(2)).\nThe requirement in §172.203(b) specifies the additional information must appear after the basic description.\nThe verb is \"must\" and the location is specified.\n\n<<<PAGE 6>>>\n\n379 Aragon Ave.\nRegulatory Resources, Inc.\nVoice: 505-393-0111 / Voice: 509-628-1020\nLos Alamos, NM 87544\ninfo@regulatoryresources.net\nwww.regulatoryresources.net\nMarch 23, 2015\nPage 2\nOnce again, it appears the reply in your letter is one of common sense rather that true compliance.\nRRI Question 2: Is the requirement to add the words \"Limited Quantity\" or \"Ltd Qty\" after the required\nbasic description for a Class 7 (radioactive) material an option or requirement?\nRRI Question 3. Because the additional description requirement in §172.203(b) does not include the phrase\n\"for example\" (or other like means of denoting such), is what is in quotes exactly how the\nadditional information is to appear on the document?\nThank you in advance for your consideration of these questions and timely reply.\nFor Regulatory Resources, Inc.\nWAW/lom","truncated":false,"body_characters":12871}