{"operation":"document","citation":"17-0131","title":"RSB Logistic — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2019-05-01","effective_on":null,"summary":"17-0131 response to RSB Logistic concerning 171.26, 172.403.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-17-0131.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-17-0131.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-17-0131","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/docs/standards-rulemaking/hazmat/interpretations/71311/170131.pdf","body":"<<>>\n\nBruce Natske\nRSB Logistic\n219 Cardinal Crescent\nSaskatoon, SK S7L 7K8\nCanada\nReference No. 17-0131\nDear Mr. Natske:\nThis letter is in response to your November 28, 2017, email requesting clarification of the\nHazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to the labeling and\nplacarding requirements for radioactive materials. Specifically, you ask whether the transport\n· index (TI) of the flat-rack container in the photograph ( considered an overpack for purposes of\nthe HMR) you provided can be measured by taking the sum of the TI of the packages contained\ntherein.\nThe answer is yes. In accordance with§ 172.403(h)(3) and Section 5, Paragraph 524 of the\nInternational Atomic Energy Agency (IAEA) Regulations, the measurement of the TI for the\nflat-rack container may be done by either using the TI sum of each package, or by direct measurement. With regards to the hazard communication requirements, in accordance with § 171.26, a Class 7 (radioactive) material being imported into or exported from the United States or passing through the United States in the course of being shipped between places outside the United States may be offered for transportation or transported in accordance with the IAEA Regulations. Furthermore, Section V, Paragraph 543 of the IAEA Regulations states that, instead of using both labels and placards, it is permitted, as an alternative, to use enlarged labels\nonly, where appropriate, as shown in Figures 2-4, except having the minimum size shown in\nFigure 6. Therefore, the flat-rack container shown in the photograph provided may display an\nenlarged ''RADIOACTIVE YELLOW-III\" label.\nI hope this information is helpful. Please contact us if we can be of further assistance.\nSincerely,\nPHA-10\nINITIALS\nYt\\~N\nDATE\nROUTING\n~\\\\{;-\\ 0\n1N1T1A~ t\n, is .fJ ~fl.ii 1\nDATE\nl\\/\\\\ /I~\nINITIALS\nDirk Der Kinderen\nChief, Standards Development Branch\nStandards and Rulemaking Division\nDATE\n\n<<>>\n\n0\nU.S. Department\nof Transportation\nPipeline and Hazardous\nMaterials Safety\nAdministration\n1200 New Jersey Avenue, SE\nWashington, DC 20590\nrlAY O 1 2019\nBruce Natske\nRSB Logistic\n219 Cardinal Crescent\nSaskatoon, SK S7L 7K8\nCanada\nReference No. 17-0131\nDear Mr. Natske:\nThis letter is in response to your November 28, 2017, email requesting clarification of the\nHazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to the labeling and\nplacarding requirements for radioactive materials. Specifically, you ask whether the transport\nindex (TI) of the flat-rack container in the photograph (considered an overpack for purposes of\nthe HMR) you provided can be measured by taking the sum of the TI of the packages contained\ntherein.\nThe answer is yes. In accordance with§ 172.403(h)(3) and Section 5, Paragraph 524 of the\nInternational Atomic Energy Agency (IAEA) Regulations, the measurement of the TI for the\nflat-rack container may be done by either using the TI sum of each package, or by direct\nmeasurement. With regards to the hazard communication requirements, in accordance with\n§ 171.26, a Class 7 (radioactive) material being imported into or exported from the United States\nor passing through the United States in the course of being shipped between places outside the\nUnited States may be offered for transportation or transported in accordance with the IAEA\nRegulations. Furthermore, Section V, Paragraph 543 of the IAEA Regulations states that,\ninstead of using both labels and placards, it is permitted, as an alternative, to use enlarged labels\nonly, where appropriate, as shown in Figures 2-4, except having the minimum size shown in\nFigure 6. Therefore, the flat-rack container shown in the photograph provided may display an\nenlarged \"RADIOACTIVE YELLOW-III\" label.\nI hope this information is helpful. Please contact us if we can be of further assistance.\n~;?7;7Z{\n~k~~n\nChief, Standards Development Branch\nStandards and Rulemaking Division\n\n<<>>\n\nDodd. Alice (PHMSA)\nFrom:\nSent:\nTo:\nSubject:\nAttachments:\nJones, Breanna CTR (PHMSA)\nFriday, December 01, 2017 3:45 PM\nHazmat Interps\nFW: Class 7 Transportation Index (Tl) Class 7, UN 2977, UF6 Marine shipment (RSB\nLogistic. DOT 266723)\n2977SIDE.JPG\nHello,\nPlease see the interp request below and attached.\nRegards,\n-Breanna\nFrom: Bruce Natske [mailto:Bruce.Natske@rsblogistic.com]\nSent: Tuesday, November 28, 2017 12:15 PM\nTo: INFOCNTR (PHMSA) \nSubject: RE: Class 7 Transportation Index (Tl) Class 7, UN 2977, UF6 Marine shipment (RSB Logistic. DOT 266723)\nWe at RSB Logistic have reviewed the interpretation document (05-0052) that RSB was referred to in our initial request,\nbecause it is not an exact comparison, RSB would still request an interpretation of the actual findings to the Tl question\nbelow.\nAny clarification you can offer y,,ould be appreciated, we are eager to solve this discrepancy and avoid further label\nviolations on our Hazmat basic.\nBRUCE NATSKE\nSafety & Maintenance Manager\nRSB LOGISTIC\nRSB LOGISTIC Inc. · 219 Cardinal Crescent · Saskatoon SK S7L 7K8/Canada\nPhone.: 306-242-8300 · Fax: 306-242-2311 · safety@rsblogistic.com · www.rsblogistic.com\nRSB LOGISTIC is a member of Compass Logistics International AG · www.compasslog.com\nDisclaimer: This message may contain confidential information and is intended solely for the addressee. Any use by third parties is prohibited.\nFrom: Bruce Natske\nSent: Tuesday, November 07, 2017 2:58 PM\nTo: 'infocntr@dot.gov'\nSubject: Class 7 Transportation Index (TI) Class 7, UN 2977, UF6 Marine shipment\nTo whom it may concern\n\n<<>>\n\nRecently RSB has run into an issue where we have been issued violations for inconsistent yellow I, II, Ill labels.\nSometimes when a flat rack marine shipment comes in from Europe, (each flat rack contains 4 cylinders contained in 4\noverpacks, picture attached) each Overpack is labeled and indeed meet the requirements for radioactive II label, no\nissues there. Under some circumstances the sum of the 4 Over packs Transportation Index contained in one flat rack\nwould meet the requirement for Radioactive Ill label, which is the way it is currently labeled. We have had 2 inspections\nwhere RSB received violations for having the 2 different radioactive labels, II on Overpacks and Ill on flat rack. In these\ncases If we were to label both the Flat rack package and each individual overpack package the same, would be\nintentionally misrepresenting the Transportation Index on one of the packages.\nPlease clarify so we can make sure we make necessary changes if required to meet the regulations.\nSincerely\nBRUCE NATSKE\nSafety & Maintenance Manager\nRSB LOGISTIC\nRSB LOGISTIC Inc. · 219 Cardinal Crescent · Saskatoon SK S7L ?KB/Canada\nPhone.: 306-242-8300 · Fax: 306-242-2311 · safety@rsblogistic.com · www.rsblogistic.com\nRSB LOGISTIC is a member of Compass Logistics International AG · www.compasslog.com\nDisclaimer: This message may contain confidential information and is intended solely for the addressee. Any use by third parties is prohibited.\n2\n\n<<>>","truncated":false,"body_characters":7047}