N/A — Hazardous Materials Safety Interpretation

Page 1U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration 1200 New Jersey Avenue, SE Washington, DC 20590 April 29, 2020 Dennis Claussen Transportation Consultant 723 Hanford Street Richland, WA 99354 Reference No. 19-0127 Dear Mr. Claussen: This letter is in response to your November 6, 2019, email and subsequent phone conversation requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to excepted packages of radioactive material. Specifically, you ask whether radioactive material in excepted packages that conform to the requirements of §§ 173.421 and 173.422 must meet the specific requirements of § 173.4a. The answer is no. The packaging authorization in §§ 173.421 and 173.422 is specific to certain limited quantities of radioactive material and is not related to the excepted quantities exception in § 173.4a. We believe the reference to radioactive materials in excepted packages in § 173.4a(b)(7) is a result of a typographical error in our effort to harmonize the HMR with changes to the international regulations (74 FR 2199; HM-218J). We plan to correct this in a future rulemaking. I hope this information is helpful. Please contact us if we can be of further assistance. Sincerely, Dirk Der Kinderen Chief, Standards Development Branch Standards and Rulemaking Division#

Page 2Ciccarone January, Ikeya CTR (PHMSA) 19-0127 From: INFOCNTR (PHMSA) Sent: Thursday, November 7, 2019 2:36 PM To: Hazmat Interps Subject: FW: Application of 49 CFR 173.4a requirements to shipments of limit quantities of radioactive material. Hello Alice and Ikeya, Below is a letter of interpretation request. I worked with Ryan on these questions. It was decided a letter of interpretation was best. I left a voicemail instructing callback and another email was received requesting a written response. -Jonathon, HMIC From: Dennis Claussen [mailto:dennis.sherryc@gmail.com] Sent: Wednesday, November 6, 2019 6:58 PM To: INFOCNTR (PHMSA) <INFOCNTR.INFOCNTR@dot.gov> Subject: Application of 49 CFR 173.4a requirements to shipments of limit quantities of radioactive material. packages must meet Subpart A and B of this part. 49 CFR 173.24(c)(ii) requires limited quantities of hazardous material Limited quantities packages must meet 49 CFR 173.410 per 49 CFR 173.421(a). 49 CFR 173.410 states that radioactive to meet 49 CFR 173.4a. Questions: "Excepted Quantities" requirements? 1. Are limited quantities of radioactive material packaged in excepted packages subject to section 49 CFR 173.4a Discussion refers to "excepted packages," generally contained "limited quantities" of hazardous material. Excepted quantities are not defined in 49 CFR 171.8 or 49 CFR 173.403. However, 49 CFR 173.4a consistently CFR 173 4a(b)!? 2. Does 49 CFR 173.4a apply to Class 7 (Radioactive) material in all modes, unless stated otherwise [such as in 49 Discussion: Since this section is not in the mode specific part 49 CFR 174, 175, 176, and 177; and per US Department of Transportation, letter of interpretation 09-0287 state that for marking excepted packages applies to all modes, it would seem that 49 CFR 173.4a would apply to all modes except where it is stated otherwise. 3. Are radioactive material "articles" shipments subject to 49 CFR 173.4a? Discussion: 1#

Page 3requirement of this subchapter except for:" 49 CFR 171.8 does not define article. The radioactive material articles are 49 CFR 173.4a states "Excepted quantities of material other than articles (e.g., aerosols), are not subject to that these radioactive material articles are not subject to 49 CFR 173.4a? shipped under several proper shipping names (e.g. Radioactive material, excepted package-articles). Does this mean 4. Limited quantities of radioactive are classified by on radioactive activity, not by volume or mass. It appears that 49 CFR 173.4a(c) and (d) have not address radioactive material limits appropriately? Discussion: It appears the limits specific in 49 CFR 173.4a(c) and (d) are not appropriate for radioactive material, excepted packages since radioactive material classification is based on activity in the excepted package (per Table 4 of 49 CFR 173.425), not volume or mass of the radioactive material. Some limited quantities shipments of radioactive material packaged in dump truck or roll-on-roll-off boxes, which are tons of material, which does not have inner packaging. 5. Are excepted packages of Class 7 (radioactive material) subject to the testing requirements 49 CFR 173.4a(f) for all modes of transportation, including aboard passenger aircraft? Discussion: U.S. Department of Transportation consistently is have propagated regulations to harmonize with International Atomic Radioactive Material does require package drop and stack tests for excepted packagings as stated in 49 CFR Energy Agency (IAEA), IAEA Regulations for the Safe Transport of Radioactive Material. Safe Transport of 173.4a(f). Also, these tests are not stated in US Variations: (https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/docs/USVariations.pdf) all modes? 6. What marking are required on a radioactive material, excepted package, 49 CFR 173.21, 173.4a(g), or both, for Discussion: for the UN identification number marking requirement described in §173.422(a))..." and "(d) The outside of the inner 49 CFR 173.421 states"... excepted from requirements in this subchapter for specification packaging, marking (except packaging or, if there is no inner packaging, the outside of the packaging itself bears the marking "Radioactive; 49 CFR 173.4a states "Excepted quantities of hazardous materials packaged, marked, and otherwise offered and transported in accordance with this section must be durably and legibly marked with the following marking: I am request written reply to the questions. Dennis Claussen Transportation Consultant (509) 554-1821 723 Hanford Street Richland WA 99354 2#