{"operation":"document","citation":"16-0096","title":"Mr. Douglas Shaw — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2016-12-22","effective_on":null,"summary":"16-0096 concerning 171.8, 173.4, 173.421, 173.422, 173.423, 175.700.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-16-0096.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-16-0096.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-16-0096","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2016/160096.pdf","body":"<<<PAGE 1>>>\n\nNew Iberia, LA 70560\nReference No. 16-0096\nDear Mr. Shaw:\nThis letter is in response to your May 31, 2016, email requesting clarification of the Hazardous\nMaterials Regulations (HMR; 49 CFR Parts 171-180) applicable to limited quantity packages of\nClass 7 (radioactive) materials transported by passenger-carrying aircraft. Although not clearly\nstated, we believe you ask whether the restrictions on the transport of radioactive materials in\npassenger-carrying aircraft prescribed in § 175.700(a) apply to limited quantity packages\nprepared in accordance with §§ 173.421 and 173.422.\nThe answer is no, provided your package is prepared in accordance with § 173.421 and also\nmeets the applicable requirements in § 173.422. That said, as prescribed in § 175.700(a), no\nperson may carry any other radioactive material, such as a Type A or Type B quantity, aboard a\npassenger-carrying aircraft unless that material is intended for use in, or incident to research\n(See §171.8 of this subchapter), medical diagnosis or treatment. Section 175.700(a) provides\nexceptions for radioactive materials prepared in accordance with §§ 173.4a, 173.422, and\n173.423, which may be shipped by passenger-carrying aircraft regardless of their end use and are\nnot subject to any other requirements of the HMR, including §§ 173.448(f) and 175.700(a).\nI hope this information is helpful. Please contact us if we can be of further assistance.\nSincerely,\nT. Glenn Foster\nChief, Regulatory Review and Reinvention Branch\nStandards and Rulemaking Division\n\n<<<PAGE 2>>>\n\nPlease submit this as a letter of interpretation. Mr. Shaw spoke with Eamonn in the Info Center.\nPlease let me know if you have any questions.\nThanks,\nJordan\nFrom: Wilson, LeAndrew (PHMSA) On Behalf Of HM-Enforcement (PHMSA)\nSent: Friday, June 03, 2016 8:44 AM\nTo: INFOCNTR (PHMSA)\nSubject: FW: PHMSA Enforcement Program Feedback\nFrom: PHMSA Webmaster\nSent: Tuesday, May 31, 2016 11:02 AM\nTo: HM-Enforcement (PHMSA); PHMSA Webmaster\nSubject: PHMSA Enforcement Program Feedback\nPHMSA Enforcement Program Feedback\nName: Douglas Shaw\nOrganization:\nStreet: 4605 Industrial Drive\nCity: New Iberia\nState: Louisiana\nCountry: United States\nZip: 70560\nEmail: doug.shaw@bristowgroup.com\nPhone: 3373352425\n1\n\n<<<PAGE 3>>>\n\nradioactive materials. Bristow intends to transport\nclass 7 (radioactive) material with a TI of 0.1 in the\naggage Compartment aboard passenger-carryin\nircratt. Our justification to legally provide thi\nservice is as follows; 175.700 Special limitations and\nrequirements for Class 7 materials (a) Except as\nprovided in §§173.4a, 173.422 and 173.423 of\nthis subchapter, no person may carry any Class 7\nmaterials aboard a passenger-carrying aircraft unless\nthat material is intended for use in, or incident to\nresearch, medical diagnosis or treatment. Regardless\nof its intended use, no person may carry a Type B(M)\npackage aboard a passenger-carrying aircraft, a\nvented Type B(M) package aboard any aircraft, or a\nliquid pyrophoric Class 7 material aboard any\naircraft. (b) Limits for transport index and criticality\nsafety index. A person may carry the following Class\n7 (radioactive) materials aboard an aircraft only\nwhenâf\" (1) On a passenger-carrying aircraft€\" (i)\nEach single package on the aircraft has a transport\nindex no greater than 3.0; (ii) The combined transport\nindex and the combined criticality index of all the\npackages on the aircraft are each no greater than 50.\nMy interpretation of this rule based on the letter from\nthe FAA\n(http://docketsinfo.dot.gov/reports/rspa/1999-\n12/980335.PDE) is to allow the radioactive material\n\"in the cabin\" of a passenger-carrying aircraft\nprovided that it is intended for research, medical\ndiagnosis or treatment. Bristow does not carry any\nHazardous Material in the cabin of our aircraft. Since\nBristow intends to carry Class 7 in the Baggage\ncompartment fully using the isolation distances listed\nin 175.706, this exception does not apply. I have had\nseveral individuals miss interpret this to mean that\nonly medically related materials could be carried by a\npassenger aircraft regardless of the storage location.\nOur position is stated by 175.700, (b)(1)(i) and ii)\n2\n\n<<<PAGE 4>>>\n\nCFR Parts 100-199) when transported by air. Limited\nquantities of radioactive materials (49 CFR 173.421)\nor exempted instruments or articles (49 CFR\n173.422) may be transported in carry-on or checked\nbaggage on a passenger aircraft. Radioactive\nmaterials prepared in accordance with 49 CFR\n173.421 or 49 CFR 173.422, may be carried on a\npassenger aircraft regardless of the end use of the\nmaterial. The provision in 49 CFR 175.700 (c) that\nlimits the carriage of radioactive material in carry-on\nluggage to materials intended for use in, or incident\nto, research, medical diagnosis or treatment, would\nnot apply.†Here is the link to the United States\nNuclear Regulatory Commission web page (Page\nLast Reviewed/Updated Thursday, March 31, 2016)\nthat addresses this issue; http://www.nrc.gov/about-\nnrc/radiation/protects-you/hppos/hppos241.htmlI\nawait your written response in order to carry Class 7\n(radioactive) materials in the baggage compartment\nof a passenger-carrying aircraft, with a single\npackage on the aircraft having a transport index less\nthan 3.0 to our customers.","truncated":false,"body_characters":5289}