{"operation":"document","citation":"21-0087","title":"National Institute of Standards and Technology — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2021-12-08","effective_on":null,"summary":"21-0087 response to National Institute of Standards and Technology concerning 172.203, 173.435.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-21-0087.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-21-0087.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-21-0087","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/docs/standards-rulemaking/hazmat/interpretations/76136/210087.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department\nof Transportation\nPipeline and Hazardous\nMaterials Safety\nAdministration\n1200 New Jersey Avenue, SE\nWashington, DC 20590\nDecember 8, 2021\nMr. Larry Lucas\nNational Institute of Standards and Technology\nRadiation Physics Division\n100 Bureau Drive, Stop 8462\nGaithersburg, MD 20899\nReference No. 21-0087\nDear Mr. Lucas:\nThis letter is in response to your August 24, 2021, letter requesting clarification of the Hazardous\nMaterials Regulations (HMR; 49 CFR Parts 171-180) applicable to shipping paper requirements\nfor radioactive materials. In your letter, you note that the “Symbol of radionuclide” column\nof the § 173.435 Table of A1 and A2 values of radionuclides sometimes includes additional\ninformation in parenthesis. As an example of this additional information, you cite “U-232 (slow\nlung absorption).” Specifically, you ask whether the additional information in\nparenthesis is required to be included on a shipping paper in accordance with § 172.203(d).\nThe answer is no. As required by § 172.203(d)(1), the description for a shipment of a Class 7\n(radioactive) material must include the name of each radionuclide in the Class 7 (radioactive)\nmaterial that is listed in § 173.435. Based on the example you provided in your letter, it is the\nopinion of this Office that the additional information in the parenthesis (i.e., slow lung\nabsorption) is not considered part of the radionuclide name (i.e., Uranium or 232U) and therefore,\nis not required to be indicated on the shipping paper.\nI hope this information is helpful. Please contact us if we can be of further assistance.\nSincerely,\nChief, Regulatory Review and Reinvention Branch\nStandards and Rulemaking Division\n\n<<<PAGE 2>>>\n\nWollcott\nFrom: INFOCNTR (PHMSA)\nTo: Subject: Date: Dodd, Alice (PHMSA); Hazmat Interps\nFW: Request for a Letter of Interpretation\nWednesday, August 25, 2021 3:53:16 PM\nAttachments: DOT LOI request.docx\n21-0087\nGood afternoon Alice,\nPlease see the attached request for a letter of interpretation. The requestor’s contact information\ncan be found in his request.\nPlease contact our office with any questions.\nThank you,\nSarah (HMIC)\nFrom: Lucas, Larry L. Dr. (Fed) <larry.lucas@nist.gov>\nSent: Tuesday, August 24, 2021 9:51 PM\nTo: INFOCNTR (PHMSA) <INFOCNTR.INFOCNTR@dot.gov>\nSubject: Request for a Letter of Interpretation\nCAUTION: This email originated from outside of the Department of Transportation (DOT). Do not click on links or\nopen attachments unless you recognize the sender and know the content is safe.\n24 August 2021\nHi. Please see the attachment.\nThank you,\nLarry Lucas\nNational Institute of Standards and Technology\nRadiation Physics Division\n100 Bureau Drive, Stop 8462\nGaithersburg, MD 20899-8462\n\n<<<PAGE 3>>>\n\n24 August 2021\nMy name is Larry Lucas. Part of my job is to assist with the shipment of Radioactive Materials. In doing\nthat job, an ambiguity in the DOT requirements for the shipping paperwork has come up. I request a\nLetter of Interpretation to clarify the requirements.\nOne of the entries required on the shipping paperwork for Radioactive Material is given in 172.203:\n49 CFR 172.203 Additional description requirements.\n(d) Radioactive material. The description for a shipment of a Class 7 (radioactive) material must include\nthe following additional entries as appropriate:\n(1) The name of each radionuclide in the Class 7 (radioactive) material that is listed in 173.435\nof this subchapter. For . . . . .\nThe ‘Symbol of radionuclide’ as shown in Table 173.435 sometimes has additional information included\nin parentheses. For example, there are three entries given for U-232.\nU-232 (fast lung absorption)\nU-232 (medium lung absorption)\nU-232 (slow lung absorption)\nIs the additional information included in parentheses a part of ‘the name of each radionuclide’?\nIt would appear that it is intended to be, since each of the entries has a different A2 value.\nIf so, then there are three different ‘Symbol of radionuclide’ for U-232, depending upon the lung\nabsorption.\nThe question came up because of a shipment of U-232 that was rejected by a new inspector. The\ndiscussion raised the question of what the DOT intention is. One argument is that the additional\ninformation is essential to the proper determination of the hazard of the radioactive material, as\nevidenced by the fact that each entry has a different A2 value. Thus, the additional information is a part\nof the ‘name of the radionuclide’ and must be shown as such on the shipping paperwork. (But\npresumably is not required on the Class 7 label.) Others argue that they have been shipping uranium for\nyears without the additional information in parentheses and the issue has never come up. (But, of\ncourse, there is always a first time.)\nMy perspective is that the additional information is intended to be a part of the ‘name of each\nradionuclide’. If so, I request that there be a statement of some sort with Table 173.435 that says the\nadditional information in parentheses is part of the ‘name of each radionuclide’ and is to be shown on\nthe shipping paperwork as such.\nBest regards,,\nLarry Lucas\nNational Institute of Standards and Technology\nRadiation Physics Division\n100 Bureau Drive, Stop 8462\nGaithersburg, MD 20899-8462\nTelephone: 1-301-975-5533\nemail: larry.lucas@nist.gov","truncated":false,"body_characters":5296}