{"operation":"document","citation":"18-0126","title":"State of Utah — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2019-04-18","effective_on":null,"summary":"18-0126 response to State of Utah concerning 171.8.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-18-0126.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-18-0126.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-18-0126","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/docs/standards-rulemaking/hazmat/interpretations/71166/180126.pdf","body":"<<<PAGE 1>>>\n\n0\nU.S. Department\nof Transportation\nPipeline and Hazardous\nMaterials Safety\nAdministration\n1200 New Jersey Avenue, SE\nWashington, DC 20590\nApril 18,2019\nMr. Scott T. Anderson\nDirector\nDivision of Waste Management and Radiation Control\nState of Utah\nDepartment of Environmental Quality\n195 N 1950 W\nSalt Lake City, UT 84116\nReference No. 18-0126\nDear Mr. Anderson:\nThis letter is in response to your October 5, 2018, letter requesting clarification of the Hazardous\nMaterials Regulations (HMR; 49 CFR Parts 171-180) applicable to the shipment of radioactive\nmaterials. You ask if a rigid box inside the camper/darkroom would be considered an overpack\nwhen transporting a package containing a radioactive material, and provide the following facts:\n• Industrial radiography companies use a transport vehicle that consists of a\ncamper/darkroom that is temporarily mounted to the bed of a pickup truck.\n• The camper/darkroom contains packages of radioactive materials, which are transported\nin an approved Type B(U) package and placed inside a rigid box. The box is secured to\nthe camper/darkroom by chains, locks, bolts, or other means, whether permanent or\ntemporary. The box is not secured to the vehicle itself.\n• The rigid box inside the camper/darkroom prevents the movement of, protects, and\nsecures the package. Additionally, it lowers the labeling category of a Type B(U)\npackage that is labeled with a radioactive \"YELLOW-III\" label so that placarding of the\ntransport vehicle is not required.\n• Previously, PHMSA issued a letter of interpretation (Reference No. 00-0248) stating that\nhazard warning labels and package markings are used to communicate the hazards of the\nhazardous material contained within the package to carrier personnel and emergency\nresponders.\nWe have paraphrased and answered your questions as follows:\nQ 1: You describe a scenario in which a company uses the rigid box in the camper/darkroom\nto prevent movement of, protect, and secure the package. You ask if the rigid box is\nconsidered an overpack or just a box containing a package.\n\n<<<PAGE 2>>>\n\nAl: It is the opinion of this Office that the rigid box would not be considered an overpack if it\nis permanently affixed to or is an integral part of the camper/darkroom, regardless of its\nintended functions. An overpack, as defined in § 171.8, means an enclosure used by a\nsingle consignor to provide protection or convenience in handling of a package or to\nconsolidate two or more packages. Alternatively, if the rigid box can be removed from\nthe camper/darkroom along with the Type B package, it may then be considered an\noverpack. Further the camper/darkroom itself, when mounted to the bed of the pickup\ntruck, whether permanently or temporarily, becomes part of the transport vehicle and\nwould not be considered an overpack.\nQ2: You describe a scenario in which a company uses the rigid box in the camper/darkroom\nto prevent movement of the package; protect and secure the package; and lower the\nlabeling category of a Type B(U) package that is labeled with a Radioactive \"Yellow-III\"\nlabel so that placarding of the transport vehicle is not required. You ask if the rigid box\nis considered an overpack or just a box containing a package.\nA2: See Al.\nQ3 : You ask if the transport vehicle must be placarded if the rigid box is not considered an\n\"overpack\" and contains a package that is required to be labeled as a Radioactive\nYELLOW-III.\nA3: See Al. When the rigid box is not considered an \"overpack\" and contains a package that\nis required to be labeled as a Radioactive YELLOW-III, the transport vehicle must be\nplacarded. If the box or its radioactive contents are removed from the transport vehicle\nany required placards must be removed during transportation.\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\n2\n\n<<<PAGE 3>>>\n\n4vdetliJS7\n/:?,- 011,&\nJanuary, lkeya CTR (PHMSA)\nFrom:\nSent:\nTo:\nSubject: INFOCNTR (PHMSA)\nTuesday, October 09, 2018 4:05 PM\nHazmat Interps\nFW: Request Regarding §171.8 (Overpack & Transport Vehicle), §173.25 & use of§\n172.403(h)(5)\nAttachments: Transportation Interpretation Request.pdf\nHello Alice and lkeya,\nAttached is a request for a letter of interpretation. Below is the mailing address.\nThanks,\nJonathon, HMIC\nFrom: Gwyn Galloway [mailto:ggalloway@utah.gov]\nSent: Friday, October OS, 2018 3:43 PM\nTo: INFOCNTR (PHMSA) <INFOCNTR.INFOCNTR@dot.gov>\nSubject: Request Regarding §171.8 (Overpack & Transport Vehicle), §173.25 & use of §172.403(h)(S)\nPlease address the response to\nPO BOX:\nScott Anderson, Director\nDivision of Waste Management and Radiation Control\nDepartment of Environmental Quality\nP.O. Box 144880\nSalt Lake City, Utah 84114-4880\nOR\nPhysical Address:\nScott Anderson, Director\nDivision of Waste Management and Radiation Control\nDepartment of Environmental Quality\n195 N 1950W\nSalt Lake City, Utah 84116\nGwyn Galloway, Health Physicist\nUtah Division of Waste Management and Radiation Control\nDisclaimer: Statements made in this e-mail do not constitute the official position of the Director of the Division of Waste Management and Radiation Control. If\nyou desire a statement of the Director's position, please submit a written request to this office, on paper, including documents relevant to your request.\nCompleted by Breanna Jones on 10/09/2018 at 1011\nJohnathon,\n1\n\n<<<PAGE 4>>>\n\nI didn't find any letters to offer the requestor. If you find anything, you may want to give them a call. And you can erase\nmy entry in FM.\n-Breanna\nPlease See Attached Letter.\nGwyn Galloway, Health Physicist\nUtah Division of Waste Management and Radiation Control\nDisclaimer: Statements made in this e-mail do not constitute the official position of the Director of the Division of Waste Management and Radiation Control. If\nyou desire a statement of the Director's position, please submit a written request to this office, on paper, including documents relevant to your request.\n2\n\n<<<PAGE 5>>>\n\nState of Utah\nGARY R. HERBERT\nGovernor\nSPENCER J. COX\nLielllenant Governor\nDepartment of\nEnvironmental Quality\nAlan Matheson\nExecutive Director\nDIVISION OF WASTE MANAGEMENT\nAND RADIATION CONTROL\nScott T. Anderson\nDirec/or\nOctober 5, 2018\nInformation Center\nPipeline and Hazardous Materials Safety Administration\nEmail: lnfocntr@dot.gov\nRE: Request for Interpretation of Hazardous Material Requirements for the Transportation of\nRadioactive Materials\nDear Radiation Transportation Specialist:\nPeriodically, the question as to whether or not a \"box\" used by industrial radiography companies\nqualifies as an overpack and must be labeled. When an interpretation is requested from your agency, we\ndo not believe the situation is explained in its entirety. We are hoping that by providing all of the\ninformation related to the situation, an interpretation can be provided that will end the questions.\nBackground\nIndustrial radiography companies may transport radioactive materials when they do business. The\ntransport vehicle is typically a pick-up truck. There is a camper/darkroom temporarily mounted in the\nbed of the truck. The camper/darkroom is not permanently mounted to the vehicle so that the\ncamper/darkroom can be removed from one vehicle and transferred to another vehicle when necessary.\nAlso, there are no holes made in the vehicle so it is not damaged. The camper/darkroom may be\nseparated from the vehicle if a transportation incident occurs as observed by the State of Utah during a\ncouple of transportation incidents. If the vehicle rolls, the camper/darkroom may separate from the\nvehicle as it did during each of the transportation incidents that occurred in Utah. The camper/darkroom\nmay roll over once separated from the vehicle and may be destroyed as was observed by the State of\nUtah. Depending on the construction of the camper/darkroom, it may splinter into small pieces as one\ndid in an incident in Utah.\nWhen transporting radioactive materials, the materials are transported in an approved Type B(U)\npackage. During transportation, the Type B(U) package is placed inside of a rigid box that is secured to\nthe camper/darkroom by chains and locks, secured by bolting the box to the camper or secured to the\ncamper/darkroom by some other means whether permanent or temporary. The box is not secured to the\nbed or frame of the transport vehicle. As with the camper/darkroom, the box is not permanently affixed\nto the vehicle (pick-up truck), but is affixed to the camper/darkroom so that it is transferable from\nvehicle to vehicle.\nDRC-2018-0 I 0074 195 North 1950 West• Salt Lake City, UT\nMailing Address: P.O. Box 144880 • Salt Lake City, UT 84114-4880\nTelephone (801) 536-0200 • Fax (801) 536-0222 • T.0.0. (801) 536-4284\n11nvw.deq.11tail.gov\nPrinted on 100% recycled paper\n\n<<<PAGE 6>>>\n\nPage 2\nThe box is used by the company for a number of purposes. The most common reasons for using a box\nare:\n1. 2. 3. Prevent movement of the package;\nProtect and secure the package; and\nLower the labeling category of a Type B(U) package that is labeled with a Radioactive\n\"YELLOW-III\" label to ensure that the transport vehicle is not required to be placarded.\nIn an interpretation dated September 26, 2000 (Ref No. 00-0248), previously provided by your agency\nregarding labeling and marking of overpacks, it was stated that \"[h]azard warning labels and package\nmarkings are used to communicate the hazards of the hazardous material contained within the package\nnot only to carrier personnel but also to enforcement and emergency responders when hazardous\nmaterials are involved in transportation incidents.\"\nIf the box as described is not considered to be an overpack and is not required to be labeled, enforcement\nand emergency personnel would not know that a hazard was present when they entered the\ncamper/darkroom. If the shipping papers indicated that the vehicle was transporting materials, the\npersonnel in the vehicle involved in the incident were not able to provide information to the enforcement\nor emergency personnel. Without labels on the box, there would be no way to verify that the materials\nwere intact and secured until the location of the materials could be determined.\nEvaluation\nIn accordance with 49 CFR 171.8, a \"transport vehicle\" is defined as:\na cargo-carrying vehicle such as an automobile, van, tractor, truck, semitrailer, tank car or rail\ncar used for the transportation of cargo by any mode. Each cargo-carrying body (trailer, rail\ncar, etc.) is a separate transport vehicle.\nIn looking further into the matter, according to the Merriam-Webster's dictionary, the first definition for\na vehicle is:\nI. A means of carrying or transporting something planes, trains, and other vehicles: such as\na. a motor vehicle*, or\nb. a piece of mechanized equipment.\n* A motor vehicle is separately defined as an automotive vehicle not operated on\nrails especially one with rubber tires for use on highways.\nSince a camper/darkroom does not meet the definition of a vehicle, the camper/darkroom cannot be\nconsidered to be a \"cargo-carrying vehicle\" and would not meet the definition of a transport vehicle.\nSince the camper/darkroom is not a transport vehicle on its own merit, the box affixed to the\ncamper/darkroom could be considered to be an \"overpack\" which is defined as:\nAn enclosure that is used by a single consignor to provide protection or convenience in handling\nof a package or to consolidate two or more packages. Overpack does not include a transport\n\n<<<PAGE 7>>>\n\nPage 3\nvehicle, freight container, or aircraft unit load device. Examples of overpacks are one or more\npackages:\n(])\n(2)\nPlaced or stacked onto a load board such as a pallet and secured by strapping,\nshrink wrapping, stretch wrapping, or other suitable means; or\nPlaced in a protective outer packaging such as a box or crate.\nSince the box that is affixed to the camper/darkroom provides protection and convenience in handling\nthe Type B(U) package, it appears that the box may meet the definition of an overpack. There is also an\ninterpretation of the above requirements that states that the box would not be an overpack because of the\nfollowing statement in the definition of an overpack:\nOverpack does not include a transport vehicle, freight container, or aircraft unit load device.\nWhen considering the relationship of the box to the transport vehicle, some companies state that since\nthe box is affixed to the camper/darkroom, either permanently or temporarily, it is part of the transport\nvehicle and therefore does not meet the definition of an overpack. This conclusion was reached by\nassuming that, although the camper/darkroom is not a transport vehicle, the camper/darkroom is affixed,\n(temporarily or permanently) to the transport vehicle so the camper/darkroom is part of the transport\nvehicle. Carry this assumption forward; the box is attached, either temporarily or permanently, to the\ncamper/darkroom so it is also part of the transport vehicle. Using this argument, since an overpack does\nnot include a transport vehicle and the box is attached to the camper/darkroom, which is attached to the\ntransport vehicle, the box is considered to be part of the transport vehicle and cannot be considered to be\nan overpack according to the definition of \"overpack.\" Since the box is not an overpack using these\nassumptions, the requirements of 49 CFR 173.25 would not apply and the box would not be required to\nbe marked or labeled.\nApplying the requirements in this manner appears to defeat the purpose stated in the response dated\nSeptember 26, 2000 (Ref No. 00-0248), previously provided by your agency regarding labeling and\nmarking of overpacks. The letter stated that \"[h ]azard warning labels and package markings are used to\ncommunicate the hazards of the hazardous material contained within the package not only to carrier\npersonnel but also to enforcement and emergency responders when hazardous materials are involved in\ntransportation incidents.\" lfthe requirements are applied as stated, when enforcement personnel or\nemergency response personnel are exposed to the box during a transportation incident, the enforcement\nor emergency personnel would not be aware that there was any hazard associated with the box or the\ncontents of the box. This interpretation may also cause an issue with the desire of the companies to use\nthe box to ensure that the vehicle is not required to be placarded.\nIn 49 CFR l 72.403(c), there is a table that describes the labeling category that would need to be placed\non a package transporting Class 7 (radioactive) materials. In accordance with HMR requirements, if the\npackage is to be labeled with a Radioactive - YELLOW-III label, the transport vehicle must be\nplacarded [49 CFR 504(e)]. However, in accordance with 49 CFR 172.403(h)(4) and (h)(5), if a\npackage is placed in an overpack, the Tl and maximum exposure rate at the surface of the overpack must\nbe used to determine the labeling category and whether or not the transport vehicle is to be placarded.\nIf the box is not an overpack, then the option to use the Tl and surface exposure rate of the overpack to\nlower the labeling category and therefore, avoid placarding the transport vehicle would not be an option.\nThe labeling category would have to be determined from the package with no overpack.\n\n<<<PAGE 8>>>\n\nPage4\nAfter contacting the manufacturers of the Type B(U) packages in use, it was determined that when a\nnew source is place in the majority of the Type B(U) packages in use, the packages will be required to\nbe labeled as Radioactive YELLOW-III. There are a few individual packages that may qualify for a\nRadioactive YELLOW-II label when containing a new source, but that depends on the shielding poured\ninto each separate package. Since the Type B(U) package with a new source is typically required to be\nlabeled as Radioactive YELLOW-III when it is shipped, the transport vehicle would need to be\nplacarded until the source decayed to a level where the package could meet the requirements for a\nRadioactive YELLOW-II label.\nAs an alternative, if the company treats the box as an \"overpack\" and labels it in accordance with 49\nCFR 173.25, the company could then use the labeling category of the overpack to determine the\nplacarding requirements for the transport vehicle [ 49 CFR l 72.403(h)(5)]. Labeling and marking the\nbox in accordance with 49 CFR 173.25 would meet the intent of the requirement which is to\ncommunicate the hazards of the hazardous material contained within the package not only to carrier\npersonnel but also to enforcement and emergency responders when hazardous materials are involved in\ntransportation incidents.\nAs a last concern, it was stated that if the overpack is labeled in accordance with 49 CFR 173.25, then\nthe licensee would not be in compliance with the HMR requirements, in particular 49 CFR 172.401 (a)\nwhich states:\n49 CFR 172.40l(a)\n(a) Except as otherwise provided in this section, no person may offer for transportation and\nno carrier may transport a package bearing a label specified in this subpart unless:\n(I) (2) The package contains a material that is a hazardous material, and\nThe label represents a hazard of the hazardous material in the package.\nGiven the above, the companies believe that they will be out of compliance with the requirements if the\nlabels are not removed from the overpack each and every time the package is removed from the\noverpack. However, there are some exceptions listed for these requirements stated in 49 CFR\n172.40 I ( d) which appear to indicate that the provisions of 49 CFR 172.40 I (a) would not apply to the\nway that the companies transport radioactive materials. The requirements of 49 CFR 172.40 I ( d) state\nthat:\n49 CFR 172.401(d)\n(d) The provisions of paragraph (a) of this section do not apply to a packaging bearing a\nlabel if that packaging is:\n(I) (2) Unused or cleaned and purged of all residue;\nTransported in a transport vehicle or freight container in such a manner that the\npackaging is not visible during transportation; and\n(3) Loaded by the shipper and unloaded by the shipper or consignee.\nSince the sources in the Type B(U) packages are sealed sources, once the package is removed from the\noverpack, the overpack would be clean and contain no residual radioactive materials. Also, as stated\nthroughout this document, the box (or overpack) is enclosed in a camper/darkroom. A door to the\n\n<<<PAGE 9>>>\n\nPage 5\ncamper/darkroom would have to be opened for anyone to view the labels on the box or overpack.\nLastly, the companies are the shippers of the radioactive materials and only their employees have access\nto the radioactive materials to load and unload the transport vehicle. Therefore, it appears that the\ncompanies would meet the exception and the requirements of 49 CFR 172.401 (a) would not apply to\nthese specific shipments.\nQuestions\nUsing the information provided in the above sections of this letter, please provide an interpretation\nregarding the following:\n1. The companies use the box in the camper/darkroom to:\na. b. prevent movement of the package, and\nprotect and secure the package.\nIs the box an overpack or is it just a box containing a package?\n2. The companies use the box in the camper/darkroom to:\na. b. c. prevent movement of the package;\nprotect and secure the package; and\nlower the labeling category of a Type B(U) package that is labeled with a Radioactive\n\"YELLOW-Ill\" label to ensure that the transport vehicle is not required to be placarded.\nIs the box an overpack or is it just a box containing a package?\n3. If the box is not determined to be an \"overpack\" and the box contains a package that is required\nto be labeled as a Radioactive YELLOW-III, is the transport vehicle required to be placarded?\nWe believe that by addressing the above, the majority of the questions that keep arising regarding the\ntransport of these particular materials will be addressed. A prompt response to this request would\ngreatly be appreciated. If you need clarification or have questions regarding this matter, please contact\nGwyn Galloway at (801) 536-4258 or by electronic mail at ggalloway@utah.gov. Thank you in advance\nfor your help.\nSincerely,\ncC--/4CZ2\nScott T. Anderson, Director\nDivision of Waste Management and Radiation Control\nSTA/GEG/ka\nc: Jordan Mathis, Health Officer, Tri-County Health Department\nDarrin Brown, LEHS, Environmental Health Director, Tri-County Health Department\nNathan Hall, DEQ District Engineer","truncated":false,"body_characters":20570}