{"operation":"document","citation":"19-0127","title":"N/A — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2020-04-29","effective_on":null,"summary":"19-0127 response to N/A concerning 173.421, 173.422, 173.4a.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-19-0127.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-19-0127.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-19-0127","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/2026-05/190127.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department\nof Transportation\nPipeline and Hazardous\nMaterials Safety\nAdministration\n1200 New Jersey Avenue, SE\nWashington, DC 20590\nApril 29, 2020\nDennis Claussen\nTransportation Consultant\n723 Hanford Street\nRichland, WA 99354\nReference No. 19-0127\nDear Mr. Claussen:\nThis letter is in response to your November 6, 2019, email and subsequent phone conversation\nrequesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180)\napplicable to excepted packages of radioactive material. Specifically, you ask whether\nradioactive material in excepted packages that conform to the requirements of §§ 173.421 and\n173.422 must meet the specific requirements of § 173.4a.\nThe answer is no. The packaging authorization in §§ 173.421 and 173.422 is specific to certain\nlimited quantities of radioactive material and is not related to the excepted quantities exception in\n§ 173.4a. We believe the reference to radioactive materials in excepted packages in\n§ 173.4a(b)(7) is a result of a typographical error in our effort to harmonize the HMR with\nchanges to the international regulations (74 FR 2199; HM-218J). We plan to correct this in a\nfuture rulemaking.\nI hope this information is helpful. Please contact us if we can be of further assistance.\nSincerely,\nDirk Der Kinderen\nChief, Standards Development Branch\nStandards and Rulemaking Division\n\n<<<PAGE 2>>>\n\nCiccarone\nJanuary, Ikeya CTR (PHMSA)\n19-0127\nFrom:\nINFOCNTR (PHMSA)\nSent:\nThursday, November 7, 2019 2:36 PM\nTo:\nHazmat Interps\nSubject:\nFW: Application of 49 CFR 173.4a requirements to shipments of limit quantities of\nradioactive material.\nHello Alice and Ikeya,\nBelow is a letter of interpretation request. I worked with Ryan on these questions. It was decided a letter of\ninterpretation was best. I left a voicemail instructing callback and another email was received requesting a written\nresponse.\n-Jonathon, HMIC\nFrom: Dennis Claussen [mailto:dennis.sherryc@gmail.com]\nSent: Wednesday, November 6, 2019 6:58 PM\nTo: INFOCNTR (PHMSA) <INFOCNTR.INFOCNTR@dot.gov>\nSubject: Application of 49 CFR 173.4a requirements to shipments of limit quantities of radioactive material.\npackages must meet Subpart A and B of this part. 49 CFR 173.24(c)(ii) requires limited quantities of hazardous material\nLimited quantities packages must meet 49 CFR 173.410 per 49 CFR 173.421(a). 49 CFR 173.410 states that radioactive\nto meet 49 CFR 173.4a.\nQuestions:\n\"Excepted Quantities\" requirements?\n1. Are limited quantities of radioactive material packaged in excepted packages subject to section 49 CFR 173.4a\nDiscussion\nrefers to \"excepted packages,\" generally contained \"limited quantities\" of hazardous material.\nExcepted quantities are not defined in 49 CFR 171.8 or 49 CFR 173.403. However, 49 CFR 173.4a consistently\nCFR 173 4a(b)!?\n2. Does 49 CFR 173.4a apply to Class 7 (Radioactive) material in all modes, unless stated otherwise [such as in 49\nDiscussion:\nSince this section is not in the mode specific part 49 CFR 174, 175, 176, and 177; and per US Department of\nTransportation, letter of interpretation 09-0287 state that for marking excepted packages applies to all modes, it\nwould seem that 49 CFR 173.4a would apply to all modes except where it is stated otherwise.\n3. Are radioactive material \"articles\" shipments subject to 49 CFR 173.4a?\nDiscussion:\n1\n\n<<<PAGE 3>>>\n\nrequirement of this subchapter except for:\" 49 CFR 171.8 does not define article. The radioactive material articles are\n49 CFR 173.4a states \"Excepted quantities of material other than articles (e.g., aerosols), are not subject to\nthat these radioactive material articles are not subject to 49 CFR 173.4a?\nshipped under several proper shipping names (e.g. Radioactive material, excepted package-articles). Does this mean\n4. Limited quantities of radioactive are classified by on radioactive activity, not by volume or mass. It appears that\n49 CFR 173.4a(c) and (d) have not address radioactive material limits appropriately?\nDiscussion:\nIt appears the limits specific in 49 CFR 173.4a(c) and (d) are not appropriate for radioactive material, excepted\npackages since radioactive material classification is based on activity in the excepted package (per Table 4 of 49 CFR\n173.425), not volume or mass of the radioactive material. Some limited quantities shipments of radioactive material\npackaged in dump truck or roll-on-roll-off boxes, which are tons of material, which does not have inner packaging.\n5. Are excepted packages of Class 7 (radioactive material) subject to the testing requirements 49 CFR 173.4a(f) for\nall modes of transportation, including aboard passenger aircraft?\nDiscussion:\nU.S. Department of Transportation consistently is have propagated regulations to harmonize with International Atomic\nRadioactive Material does require package drop and stack tests for excepted packagings as stated in 49 CFR\nEnergy Agency (IAEA), IAEA Regulations for the Safe Transport of Radioactive Material. Safe Transport of\n173.4a(f). Also, these tests are not stated in US Variations:\n(https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/docs/USVariations.pdf)\nall modes?\n6. What marking are required on a radioactive material, excepted package, 49 CFR 173.21, 173.4a(g), or both, for\nDiscussion:\nfor the UN identification number marking requirement described in §173.422(a))...\" and \"(d) The outside of the inner\n49 CFR 173.421 states\"... excepted from requirements in this subchapter for specification packaging, marking (except\npackaging or, if there is no inner packaging, the outside of the packaging itself bears the marking \"Radioactive;\n49 CFR 173.4a states \"Excepted quantities of hazardous materials packaged, marked, and otherwise offered and\ntransported in accordance with this section must be durably and legibly marked with the following marking:\nI am request written reply to the questions.\nDennis Claussen\nTransportation Consultant\n(509) 554-1821\n723 Hanford Street\nRichland WA 99354\n2","truncated":false,"body_characters":5967}