{"operation":"document","citation":"19-0070","title":"VEGA Americas, Inc. — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2019-08-30","effective_on":null,"summary":"19-0070 response to VEGA Americas, Inc. concerning 173.403, 173.421, 173.422, 173.423, 173.424, 173.425, 173.426, 173.428.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-19-0070.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-19-0070.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-19-0070","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/docs/standards-rulemaking/hazmat/interpretations/72271/190070.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department\nof Transportation\nPipeline and Hazardous\nMaterials Safety\nAdministration\n1200 New Jersey Avenue, SE\nWashington, DC 20590\nAUG 3 0 2019\nBrett Kemphues\nRadiation Safety Specialist\nVEGA Americas, Inc.\n4141 Rossyln Drive\nCincinnati, OH 45209\nReference No. 19-0070\nDear Mr. Kemphues:\nThis letter is in response to your May 31, 2019, letter and subsequent phone conversation\nrequesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180)\napplicable to Fixed Industrial Nuclear Gauges (i.e., gauges) as radioactive instruments or articles.\nSpecifically, you indicate that your company is a manufacturer and distributor ofthese gauges\nand provide the following details on these gauges:\n• They are used in a number of industries for density, level and weight measurements;\n• They are used to house and shield a Special Form source capsule;\n• As detailed in a subsequent phone conversation, when offered for transportation, the\ngauges are shipped individually and either placed in a strong outer packaging, such as a\nbox or crate, or affixed to a pallet; ·\n• During transportation, the gauge strictly serves as a shielded container; and\n• After transportation, the gauge acts as one part of the measurement system when installed\nand in operation.\nWe have paraphrased and answered your questions as follows:\nQI. You ask whether the gauge can be considered a radioactive instrument or article, subject\nto the activity limits in Table 4 of§ 173.425 and the excepted packaging requirements in\n§ 173.424.\nAl. The answer depends on the type of packaging used to transport the gauge. As defined in\n§ 173.403, a package means \"the packaging together with its radioactive contents as\npresented for transport.\" Furthermore, paragraph ( 1) in the definition of \"package\"\nindicates that an \"Excepted package\" means \"a package together with its excepted\nClass 7 (radioactive) materials as specified in§§ 173.421-173.426 and 173.428.\" When\noffered for transportation in a packaging· such as a box or crate, the box or crate meets the\ndefinition of a packaging for an excepted package. However, when the gauge is strapped\nto a pallet, the pallet is not considered a packaging for the purposes of§§ 173.403\nand 173.424. Please note that in both scenarios any hazard communication (i.e., required\n\n<<<PAGE 2>>>\n\nQ2. A2. Q3. markings and labels) is required to be placed on the packaging, meaning if shipped on a\npallet, the hazard communication is required to be placed on the gauge.\nFurthermore, as defined in§ 173.403, a radioactive instrument or article means \"any\nmanufactured instrument or article such as an instrument, clock, electronic tube, or\napparatus, or similar instrument or article having Class 7 (radioactive) material in\ngaseous or non-dispersible solid form as a component part.\" Radioactive instruments or\narticles are classified as \"UN2911, Radioactive material, excepted package-instruments\nor articles, 7,\" subject to activity limits in§ 173.425, and packing requirements in\n§§ 173.422 and 173.424 (as also identified by the section titles). Therefore, in the\nscenario when the gauge is shipped in a packaging, it can be classified as \"UN2911,\nRadioactive material, excepted package-instruments or articles, 7,\" subject to the activity\nlimits in§ 173.425 and packaging requirements in§ 173.424. Conversely, when strapped\nto a pallet, there is no packaging for the gauge, and therefore, it does not meet the\ndefinition of a radioactive in~trument or article within an excepted package.\nYou ask whether the requirements of§ 173.424 apply to the transportation of the gauge\nwhen it does not meet the definition of a radioactive instrument or article (i.e., gauge\nstrapped to a pallet).\nThe answer is no. Section 173.424 only applies to the transportation ofradioactive\ninstrument and articles.\nYou ask whether the radiation level limit for any unpackaged instrument or article in\n§ 173.424(d) and the radiation level limit on the external surface of a packaging bearing\nthe instrument or article in§ 173.424(f) apply to the transportation of the gauge when it\nmeets the definition of a radioactive instrument or article (i.e., gauge packaged in a strong\nouter packaging).\n2\n\n<<<PAGE 3>>>\n\nA3. The answer is yes. To be offered as a radioactive instrument or article, all of the\nrequirements in§ 173.424, including paragraphs (d) and (f), need to be met. To meet\n§ 173 .424( d), the radiation level at 10 cm ( 4 in) from any point on the external surface of\nany unpackaged instrument or article may not exceed 0.1 mSv/hour (10 mrem/hour),\neven when the gauge is placed in the strong outer packaging. To meet§ 173.424(f), the\nradiation level at any point on the external surface of a package bearing the article or\ninstrument may not exceed 0.005 mSv/hour (0.5 mrem/hour), or, for exclusive use\ndomestic shipments, 0.02 mSv/hour (2 mrem/hour). If the requirements of§ 173.424\ncannot be met, the gauge may be shipped under a different description (i.e., UN\nidentification number, proper shipping name, packaging requirements) such as \"UN3332,\nRadioactive material, Type A packaging, special form non fissile or fissile-excepted, 7.\"\nI hope this information is helpful. Please contact us if we can be of further assistance.\ns;;~1 1ZL\n¾,~~e;en\nChief, Standards Development Branch\nStandards and Rulemaking Division\n3\n\n<<<PAGE 4>>>\n\nDodd, Alice (PHMSA)\nFrom:\nSent:\nTo:\nSubject:\nAttachments:\nINFOCNTR (PHMSA)\nTuesday, June 04, 2019 11:30 AM\nHazmat lnterps\nFW: Request for Interpretation\nRequest for PHMSA Interpretation.pdf\nHello Alice and lkeya,\nAttached is a letter of interpretation request.\nThanks,\nJonathon, HMIC\nTo Whom It May Concern:\nAttached is a letter of request for an interpretation of regulations. Please review at your earliest convenience and please\ndo not hesitate to contact me if there are any questions or if you desire further detail. Thank you for your time and\nconsideration.\nRegards,\nBrett Kemphues\nRadiation Safety Specialist\nVEGA Americas, Inc.\n4141 Rosslyn Drive\nCincinnati, OH 45209 USA\nPhone: +1 513 527 6125\nFax: +1 513 272 0133\nb.kemphues@veqa.com\nwww.vega.com\n1\n\n<<<PAGE 5>>>\n\nLooking Forward\nVEGA Americas, Inc.\n4 170 Rosslyn Drive\nCincinnati, Ohio 45209\nUSA\n1.800.FOR.LEVEL\nTel: 5 13.272.0131\nFax: 513.272.0 133\namericas@vega.com\nwww.vega.com\nMay 31, 2019\nSubject:\nRequest for Regulatory Interpretation\nAttn:\nPipeline and Hazardous Materials Safety Administration\nUS Department of Transportation\n1200 New Jersey Avenue, SE\nWashington, DC 20590\nPlease accept this letter as a request for formal interpretation from your office. VEGA Americas,\nInc. is a manufacturer and distributor of Fixed Industrial Nuclear Gauges used in a number of\nindustries for density, level and weight measurements. These gauges are used to house and\nshield a Special Form source capsule making them safe for use, storage and transportation.\nThe gauge is strictly a shielded container for safe transport during shipment but acts as one part\nof the measurement system when installed and in operation. Operational parts such as the\nshutter mechanism allow the beam of radiation to be open or closed and can be collimated to\ndirect the radiation beam to a desired location to gain a measurement reading.\nWould one of our Fixed Industrial Nuclear Gauges be considered a Radioactive Instrument or\nArticle when determining the activity limit from Table 4 of 49 CFR 173.425 when shipping as an\nexcepted package for limited quantities of Class 7 material?\nFurthermore, if the determination finds that our gauges are not to be considered Radioactive\nInstruments or Articles and therefore subject the activity limit of 10-\n3 of the A1 quantity, would the\nrequirements of section 173.424 need to be enforced?\nConversely, if they are deemed to be Radioactive Instruments and Articles and subject to the\nactivity limit of 10-2 of the A1 quantity and subject to the requirements of section 173.424, what is\nthe determination of subsection (d) of this section? Does the radiation level limit of 10\nmrem/hour at a distance of 4 inches from the external surface of any unpackaged instrument or\narticle need to be enforced if the instrument or article is enclosed in some form of packaging\nand the radiation level on the external surface of that packaging does not exceed the limits in\nsubsection (f) of this same section?\nYour written response to this request is greatly appreciated . If you require any further\ninformation regarding this request please feel free to contact me at b.kemphues@vega.com or\nby phone at 513-527-6125.\nSincerely,\n/3g--\nBrett Kemphues\nRadiation Safety Specialist\nVEGA Americas, Inc.","truncated":false,"body_characters":8642}