{"operation":"document","citation":"17-0114","title":"PHI.Inc — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2018-03-06","effective_on":null,"summary":"17-0114 response to PHI.Inc concerning 172.202, 172.203, 173.401, 173.403, 173.421, 173.425, 173.433, 173.436, 175.75.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-17-0114.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-17-0114.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-17-0114","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/docs/standards-rulemaking/hazmat/interpretations/57411/170114.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department\nof Transportation\nPipeline and Hazardous\nMaterials Safety\nAdministration\n1200 New Jersey Avenue, SE\nWashington, DC 20590\nFEB 2 7 2018\nMr. Terry R. Myers\nDirector of Operations\nPHI Inc.\n2001 Evangiline Thruway\nLafayette LA 70508-0808\nReference No. 17-0114\nDear Mr. Myers:\nThis letter is in response to your October 5, 2017, letter requesting clarification of the Hazardous\nMaterials Regulations (HMR; 49 CFR Parts 171-180) applicable to shipment of radioactive\nmaterials by air.\nWe have paraphrased and answered your questions as follows:\nQ 1: You ask if drilling mud would be exempt from the HMR under the Naturally Occurring\nRadioactive Materials (NORM) exception in§ 173.401.\nA 1 : The answer is no. The N 0 RM exception in § 1 73.401 (b )( 4) includes \"natural material\nand ores containing naturally occurring radionuclides which ... have only been processed\nfor purposes other than for extraction of the radionuclides.\" The term \"natural material\"\nin§ 173.401(b)(4) means material existing in a form as it would otherwise be in nature,\nnot in a form manipulated by human application.\nTherefore, the exception in§ l 73.401(b)(4) does not apply, and the waste material is\nsubject to the HMR if the activity concentration of the radionuclides in the waste material\nand the total activity in the consignment exceed the values specified in§ 173.436 or\nvalues derived according to the instructions in§ 173.433. See the definition of\nradioactive material in§ 173.403.\nQ2: You ask if§ 175.75(e)(3) allows for an x-ray technician and his or her assistant to\naccompany a piece of x-ray equipment shipped as \"UN2916, Radioactive material, Type\nB (U) package non-fissile or fissile-excepted\" by cargo-only aircraft.\nA2: The answer is no. The provisions of§ 175.75(e)(3) only apply to the transportation of\nhazardous materials carried on a single pilot cargo-only aircraft in which no person is\ncarried on the aircraft other than the pilot, an FAA inspector, the shipper or consignee of\nthe material, a representative of the shipper or consignee so designated in writing, or a\n\n<<<PAGE 2>>>\n\nQ3: A3: Q4: A4: Q5: AS: person necessary for handling the material. Based on the scenario that you describe,\nPHMSA does not believe that the provisions of§ 175.75(e)(3) would apply to the X-ray\ntechnician and his or her assistant.\nYou describe a scenario in which a shipment of \"UN29 l 0, Radioactive material, excepted\npackage-limited quantity material\" consists of a limited quantity shipment of Cesium 13 7\nin a Type A package. You ask if a shipment of Cesium 137 with an activity level of\n10 µCi per unit consisting of 4 total units is eligible for the limited quantity provisions in\n§§ 173.421 and 173.425.\nThe answer is yes, provided the total activity in the package does not exceed 54 µCi and\nthe package meets all of the requirements in § 1 73 .4 21.\nYou ask if the shipment described in Question Q3 needs a shipping paper to specify both\nthe radioactive material as Cesium 137 and the activity level of 40 µCi for transport by\nair.\nThe answer is yes. Since the material is shipped by aircraft, a shipping paper is required\nshowing both the radionuclide and the activity level. (See 49 CFR § 172.202(a).)\nYou ask if a shipper may use a Type A package to transport a limited quantity radioactive\nmaterial in an excepted package and still classify the material as \"UN2910, Radioactive\nmaterial, excepted package-limited quantity of material,\" and ifthere are any restrictions\nin using a Type A package as an excepted package.\nWhen shipping a limited quantity of a radioactive material in a Type A package, a\nshipper would be required to have a shipping paper showing both the radionuclide and\nthe activity level as required by§ 172.203(d). Alternatively, the shipper could cover up\nthe markings indicating the package is a Type A package and not be required to have a\nshipping paper, provided the shipment is not by air.\nI hope this information is helpful. Please contact us if we can be of further assistance.\n{JO/ T. Glenn Foster\nI Chief, Regulatory Review and Reinvention Branch\nStandards and Rulemaking Division\n2\n\n<<<PAGE 3>>>\n\nI '\nDodd, Alice (PHMSA)\nFrom:\nSent:\nTo:\nSubject:\nAttachments:\nJones, Jodi CTR (PHMSA)\nFriday, October 13, 2017 9:34 AM\nHazmat Interps\nFW: Letter of Interpretation\nPHMSA Interpretation.docx\nHi Alice,\nPlease submit this as a letter of interpretation. Let me know if you have any questions.\nThanks,\nJodi\nFrom: Myers, Terry [mailto:tmyers@phihelico.com]\nSent: Thursday, October 05, 2017 11:59 AM\nTo: PHMSA HM lnfoCenter <PHMSAHMlnfoCenter@dot.gov>\nSubject: Letter of Interpretation\nAttached please find a request for interpretation, I also mailed the letter to PHH-10.\nThank You\nTerry R Myers\nDirector of Operations\nPHI Inc.\n(o) 337-272-4240\n(c) 337- 789-7831\nSafety, Quality, Efficiency, Customer Service are our Core Values\n\n<<<PAGE 4>>>\n\nTerry R. Myers\nDirector of Operations\nPost Office Box 90808\nLafayette, Louisiana 70509\nUSA\ntmyers@phihelico.com\n337.235.2452\nMr. Charles E. Betts\nDirector, Standards and Rulemaking Division\nUS DOT /PHMSA (PHH-10)\n1200 New Jersey Avenue, SE East Building, 2nd Floor.\nWashington, DC 20590\nPetroleum Helicopter, Incorporate (PHI) of Louisiana operates as an air carrier in the\ntransport of passengers and cargo in support of oil and gas exploration, production and\ntransportation in the Gulf of Mexico and International operations.\nThroughout all shipments of hazardous material (HAZMAT), PHI checks for consistency in\nthe proper identification of the HAZMAT, the proper packaging and correctly filled out\nshipping papers.\nPeriodically we are presented with several forms of radioactive material (RAM) for\nshipment. These shipments typically come in three forms normally occurring radioactive\nmaterial (NORM), UN2916, and UN2910.\nPHI request a Letter of Interpretation on the shipment of these types of RAM.\na. Normally occurring radionuclide material (NORM) ,\nb. c. UN2916, Radioactive material, Type B(U) package non-fissile or fissile-excepted\nUN2910, Radioactive material, excepted package-limited quantity of material\nFirst requested Interpretation:\nSubpart I - Class 7 (Radioactive) Materials,\n§173.401(a) This subpart sets forth requirements for the packaging and transportation of\nClass 7 (radioactive) materials by offerors and carrier subject to this subchapter. The\nrequirements prescribed in this subpart are in addition to, not in place of, other requirements\nset forth in this subchapter for Class 7 (radioactive) materials and those of the Nuclear\nregulatory Commission in 10 CFR part 71.\n(b) This subpart does not apply to:\n\n<<<PAGE 5>>>\n\n( 4) Natural materials and ores containing naturally containing naturally occurring\nradionuc/ides which are either in their natural state, or which have only been processed for\npurposes other than for extraction of the radionuclides, provided ....\nBased on our reading of this regulation (§173.401), naturally occurring radionuclide\nmaterials (NORM) occurring in drilling mud would not be classified as a hazardous\nmaterial and as such are not subject to the HMRs.\nFurthermore, as NORM is not a HAZMAT it does not require shipping paperwork as\nspecified in Subpart C -Shipping Papers §172.200 and may be transported in a passenger\ncarry aircraft.\nSecond requested Interpretation:\nThe second request comes from the shipment of UN2916, Radioactive material, Type B (U)\npackage non-fissile or fissile-excepted. This shipment is in the form of x-ray equipment used\noffshore on the oil and gas platforms. PHI is currently accepting shipments of UN2916 and\nrestricting the transport to Cargo Only aircraft. The interpretation request arises from the\nfollowing:\n§175.75(e)(3)(i) No person is carried on the aircraft other than the pilot, an FAA inspector,\nthe shipper or consignee of the material, a representative of the shipper or consignee so\ndesignated in writing, or a person necessary for handling the material;\nIs it within the interpretation of this regulation to allow the x-ray technician and his/her\nassistant to accompany the shipment on the Cargo Only aircraft?\nThird requested Interpretation:\nThe third request comes in several parts and stems from the shipment ofUN2910,\nRadioactive material, excepted package-limited quantity of material. This shipment\nconsist of Cesium 137 in a limited quantity being shipped in a Type A package. The\nshipper's declaration specifies Passenger and Cargo Aircraft in addition to the following;\nNA'!URE AND QUANTI1Y Of' DANGEROUS Goons\nDaogcroui Good$ l<lcntificatic>n l\ni, .... ·:· ~~------,r .............................................................................................................. T\"'\"'(J~;-~·---·T\"\"\"\"\"\"\"l Quanti\"' and Tj·pe 1 Packing! . .\n, . . : l)' · · i Pack.in : 'J . : I : Authonzauou\n: or ; Prnp~r Shipptng Name l or lVlSlon; g l of Packinp, 1 rmruc-i\n; J!.) No. j i (Substd12ry 1 Group i i turns l\n· ................. + ................................................................................................................. j ........ (\\!~~l... .... j ............... + .................................................. 1 ............... 1 ............................. .\nl IN2910 jRadioactive Material, Excepted Package-Limited i 7 iNIA j I Quart of Radioactive j j\ni Quantity of Material j i i Material in mctul can i i\n! i ! I ::~\"\" '\" fib\"bo\"d ! I\ni i i Total Weight: i\nI I I ( 4.54 kilograms) )\n! ~ ~\n\n<<<PAGE 6>>>\n\nFirst part of this interpretation;\nTRI CAN of Calgary, Alberta Canada publishes an MSDS for Cesium 137. As specified on this\nMSDS, Cesium 137s proper Shipping Name/Description is RADIOACTIVE MATERIAL TYPE\nA PACKAGE, SPECIAL FORM, UN3332\n§ 173.421 Excepted packages for limited quantities of Class 7 (radioactive) materials.\nA Class 7 (radioactive) material with an activity per package which does not exceed\nthe limited quantity package limits specified in Table 4 in §173.425, and its packaging,\nare excepted from the requirements in this subchapter for specification packaging,\nmarking (except for the UN identification number marking requirement described in\n§173.422{a}), labeling, and if not a hazardous waste, shipping papers, and the\nrequirements of this subpart if;\nThe first part, can Cesium 137 with an activity level of 10µCi per unit and consisting of four\nunits (total activity 40µCi) meet the requirements of Limited quantity requirements of\n§173.425? According to our reading and understanding, Special Form has a limit of 54µCi\nfor limited quantity.\nSecond part, if this shipment meets the requirements for Limited Quantity as specified in\n§173.421 and 425, does the UN2910 Declaration form need to specify both the RAM as\nCesium 137 and activity level of 40µCi for transport by air?\nThe third part of this request is revolves around using a Type A shipping package for the\ntransport of UN2910, Radioactive material, excepted package ...\nCan a shipper present for transport a Type A package containing a limited quantity of RAM\nand still classify it as UN2910? If so, what must be indicated on the shipper's declaration\npaperwork? Are there any restrictions in using a Type A package as an excepted package?\nSincerely,\n' - ~ {}__ l1riAA/\nTe;J. R. Mye/s- -\n.,\nDirector of Operations\nPHI, Inc.","truncated":false,"body_characters":11255}