{"operation":"document","citation":"20-0031","title":"Mark B. Hawk — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2020-05-19","effective_on":null,"summary":"20-0031 concerning 172.203, 172.403, 173.433, 173.435, 173.436.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-20-0031.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-20-0031.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-20-0031","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/docs/standards-rulemaking/hazmat/interpretations/73951/200031.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department\nof Transportation\nPipeline and Hazardous\nMaterials Safety\nAdministration\n1200 New Jersey Avenue, SE\nWashington, DC 20590\nMay 19, 2020\nMark B. Hawk\nPackaging Management Council Coordinator\n8116 Villa Grande Lane\nKnoxville, TN 37938\nReference No. 20-0031\nDear Mr. Hawk:\nThis letter is in response to your April 9, 2020, letter requesting clarification of the Hazardous\nMaterials Regulations (HMR; 49 CFR Parts 171-180) applicable to Class 7 (radioactive)\nmaterials not listed in the §§ 173.435 or 173.436 tables.\nWe have paraphrased and answered your questions as follows:\nQ1. You ask whether the name of each radionuclide needs to be listed on the shipping paper\nwhen none of the radionuclides are found on the §§ 173.435 or 173.436 tables.\nA1. The answer is no, unless the Class 7 (radioactive) material is a mixture. In accordance\nwith § 172.203(d)(1), the name of each radionuclide listed in the § 173.435 table must be\ndisplayed on the shipping paper. Furthermore, § 172.203(d)(1) requires that if the\nClass 7 (radioactive) material is a mixture of radionuclides, the names of the\nradionuclides that need to be displayed on the shipping paper are to be determined in\naccordance with § 173.433(g). Therefore, if the shipment is not a mixture of\nradionuclides, and the radionuclide is not found on the § 173.435 table, the name of the\nradionuclide is not required to be on the shipping paper. However, it is permissible to list\nthe radionuclide on the shipping paper even if it is not listed on the § 173.435 table.\nQ2. You ask whether the name of each radionuclide needs to be listed on the label when none\nof the radionuclides are found on the §§ 173.435 or 173.436 tables.\n\n<<<PAGE 2>>>\n\nA2. The answer is no, unless the Class 7 (radioactive) material is a mixture. In accordance\nwith § 172.403(g)(1), except for LSA-1 material, the name of each radionuclide listed in\nthe § 173.435 table must be displayed on the label. Furthermore, § 172.403(g)(1)\nrequires that if the Class 7 (radioactive) material is a mixture of radionuclides, with\nconsideration of space available on the label, the radionuclides that must be shown must\nbe determined in accordance with §173.433(g). Therefore, if the shipment is not a\nmixture of radionuclides, and the radionuclide is not found on the § 173.435 table, the\nname of the radionuclide is not required to be on the label. However, it is permissible to\nlist the radionuclide on the label even if it is not listed on the § 173.435 table.\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 3>>>\n\nApril 9, 2020\nPipeline and Hazardous Materials Safety Administration (PHMSA)\nStandards and Rulemaking Division\nEast Building\nU.S. Department of Transportation (DOT)\nWashington, CE 20590-0001\n1200 New Jersey Avenue, SE\nSubject: Request for Clarification Concerning Unlisted Isotopes in 49 CFR 173.435\nDear Sir/Madam:\nA clarification is requested as to what isotopes or default values are to be listed on shipping\nwhen they are the only isotope in the shipment.\npapers and labels when the unlisted isotopes are the within the 95% of isotopes being shipped or\nBackground:\nDOT regulations have provisions in 49 CFR 173.433 for determining radionuclide values and for\nuse of Tables 7 and 8 for individual radionuclides which are not listed in the tables in 173.435 or\nthe listing of radionuclides on shipping papers and labels. Paragraph (b) of this section allows the\n173.436. In addition, paragraph (g) of the same section gives the formula for determining the\n172.203 and 172.403.\nradionuclides which must be listed on the shipping papers and labels in accordance with Sections\n• Section 172.203 states that the description for a shipment of Class 7 material must\ninclude the name of each radionuclide in the Class 7 material that is listed in 173.435.\n• Section 172.403 (g) (1) states that for the contents, except for LSA-I, the names of the\nradionuclides are taken from the listing of radionuclides in the 173.435 table. For\nParagraph 173.433.\nmixtures, the radionuclides that must be listed must be determined in accordance with\nand for which there appears to be no provisions on what to list on shipping documents papers\nExamples of shipments of radioactive material with constituents which are not listed in the table\nand labels are:\n• Example 1: A shipment that has recently occurred includes Einsteinium and Fermium\nthat were previously listed in 173.435; however, around 2004 when the Q system was\nintroduced, Einsteinium and Fermium were removed from the table.\n• Example 2: A shipment that includes Po-209 for which Po-209 has never been in the\nrequirements identified above and if there are no provisions, what does DOT require of shippers\nQuestion: What provisions) provide guidance required to meet shipping paper and labeling\nto address this issue?\n\n<<<PAGE 4>>>\n\nRespectfully,\nYour clarification of this issue will be appreciated.\nMarkub Hawk\nMark B. Hawk\n8116 Villa Grande Lane,\nPackaging Management Council Coordinator\nKnoxville, TN 37938\nPhone: 865-250-3300\nEmail: hawkn14@gmail.com","truncated":false,"body_characters":5209}