Daniels Training Service — Hazardous Materials Safety Interpretation

Page 1U.S. Department of Transportation Washington. DC: 20590 1200 New .lersey Avenue SE ipeline and Hazardou Administration laterials Satet SEP 2 1 2015 Mr. Daniel Stoehr Daniels Training Service P.O. Box 1232 Freeport, IL 61032 Reference No. 15-0141 Dear Mr. Stoehr: This responds to your July 7, 2015 request for clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) as they apply to the incident reporting requirements for excepted packages of Class 7 (radioactive) material. Specifically, you suggest that there is an error in § 173.422(c), which incorrectly references § 175.700(b) instead of § 175.705. As currently drafted, § 173.422(c) requires excepted packages that are leaking or from which a release has occurred to comply with the reporting requirements in §§ 174.750, 175.700(b), or 176.710 dependent on the mode of transportation. In a final rule published under Docket Number RSPA-02-11654 (HM-228) [71 FR 14586], the reporting requirements for Class 7 (radioactive) material transported by air were moved from § 175.700(b) to § 175.705 without a corresponding revision to § 173.422(c). We will correct this reference in a future rulemaking. In the interim, we recommend that incidents involving excepted packages of Class 7 (radioactive) material transported via air comply with the requirements prescribed in § 175.705 since the present § 175.700(b) is not relevant to incident reporting. I hope this information is helpful. Sincerely, Diane ATTA Duane Pfund International Standards Coordinator Standards and Rulemaking Division#

Page 2Wires 173.420 (c) Goodall, Shante CTR (PHMSA) From: Geller, Shelby CTR (PHMSA) 15-0141 Sent: To: Tuesday, July 07, 2015 3:37 PM Hazmat Interps Subject: FW: Request for Letter of Interpretation - Possible Correction to Hazardous Material Regulations Hi Shante and Alice, Forwarded is a request for a formal letter of interpretation. Mr. Stoehr spoke with Isaac Taylor in the HMIC. Thanks, Shelby From: Daniel Stoehr [mailto: info@danielstraining.com To: INFOCNTR (PHMSA) Sent: Tuesday, July 07, 2015 1:29 PM Subject: Request for Letter of Interpretation - Possible Correction to Hazardous Material Regulations In researching the requirements for shipping a Limited Quantity of a radioactive material (UN2910, Radioactive material, excepted package - limited quantity of material), I discovered what I believe to be an error in the Hazardous Material Regulations. Specifically, 49 CFR 173.422(c) refers to the following sections: 174.750 - incidents involving leakage or radioactive material when transported by rail. • 175.700(b) - special limitations and requirements for radioactive materials when transported by air. Specifically, sub-paragraph (b) refers to limits for transport index and criticality safety index. • 176.710 - care following leakage or sifting of radioactive materials transported by vessel. It is the reference to section 175.700(b) which appears to be incorrect for the following reasons: It doesn't fit with the other modal-specific sections which refer to incidents of leakage involving a Class 7 Radioactive. • The reference to 175.700(b) from 173.422(c) continues on to read, "pertaining to the reporting of decontamination;" 175.700(b) has nothing to do with decontamination or the reporting thereof. I believe that the correct section to be referenced from 49 CFR 173.422(c) for modal-specific requirements for transportation by air is 49 CFR 175.705 Radioactive contamination. Therefore, 49 CFR 173.422(c) should read as follows: (c) Sections 174.750, 175.705, and 176.710 of this subchapter (depending on the mode of transportation), pertaining to the reporting of decontamination; I added my emphasis to the proposed change. I request a formal letter of interpretation in response to my query. Thank you very much for your time. 1#

Page 3Daniel Stoehr Daniels Training Services 815.821.1550 www.DanielsTraining.com#