{"operation":"document","citation":"99-0207","title":"ADCO Services, Inc. — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2000-01-06","effective_on":null,"summary":"99-0207 response to ADCO Services, Inc. concerning 173.441.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-99-0207.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-99-0207.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-99-0207","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/1999/990207.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department\nof Transportation\nResearch and\nIdministration\npecial Program:\nMr. Len Warbiany\nJAN 6 2000\nCustomer Service Manager\nRef. No. 99-0207\nADCO Services, Inc.\n17650 Duvan Drive\nTinley Park, Illinois 60477\nDear Mr. Warbiany:\n•\nThis is in response to your letter dated July 23, 1999, requesting clarification of the Hazardous\nMaterials Regulations (HMR; 49 CFR Parts 171-180) as they relate to the transportation of\nradioactive materials under exclusive use. Your specific questions are paraphrased and answered\nbelow.\nQ1.\nIf a shipment of Radioactive material is shipped under \"Exclusive use\" and the consignor\nor consignee authorizes the carrier, with radiological training, to do intermediate loading\nand unloading of other waste or general commodities according to the exclusive use\ninstructions, is this permissive under §§ 173.403, 173.427, 173.447, 173.448 and\n177.842?\nA1.\nThe answer is yes. Section 173.403 defines \"Exclusive use\" to mean \"sole use by a\nsingle consignor of a conveyance for which all initial, intermediate, and final loading\nand unloading are carried out in accordance with the direction of the consignor or\nconsignee....\" Since there is no express prohibition of intermediate loading or\nunloading of other hazardous or non-hazardous material, such intermediate loading or\nunloading is permitted if performed in accordance with the direction of the (single)\nconsignor or consignee, and conforms to all applicable HMR requirements and those of\nall of the radioactive material is also fissile.\nother cognizant agencies are met. For example, additional restrictions apply if some or\nNote that in the case of LSA or SCO being shipped under the exclusive use provisions of\n§ 173.427, all loading must be done by the consignor and unloading by the consignee in\nconsignor in accordance with § 173.427(a)(6)(iv).\naccordance with § 173.427(a)(6)(i), and the instructions to the carrier must come from the\nQ2.\nIf a package of Radioactive material exceeds the limits specified in § 173.441(a), can\nthere still be intermediate loading and unloading of the shipment if the carrier is under a\nstate or Federally regulated \"Radiation Protection Program\" and are under a \"Radiation\nDosimetry Program\" and have radiological training?\n1731411\n990207\n\n<<<PAGE 2>>>\n\nA2.\nThe answer could be yes or no depending on the circumstances. If either the radiation\nlevel at the surface of an undamaged package is over 2 mSv/hour or the transport index\n(TI) is greater than 10, or both, the package and shipment must satisfy the requirements\nof § 173.441(b), (c) and (d). Section 173.441(b)(1)(iii) states that if the radiation level at\nthe surface of the package is greater than 2 mSv/hour, then intermediate loading and\nunloading is not permitted.\nOn the other hand, if the TI is greater than 10 but the surface radiation level is not greater\nhe direction of the consignor or the consignee and in conformance with other restriction\nhan 2 mSv/hour, loading and unloading is permitted if performed in conformance wit\nand conditions of § 173.441(b), (c) and (d).\nIf a package cannot meet the contamination limits specified in Table 11 of § 173.443, and\nis less than 10 times the limit in Table 11, may it still be shipped under \"Exclusive use\" in\na closed transport vehicle by highway in domestic transportation?\nA3.\nThe answer is yes, provided the condition prescribed in § 173.443(d) are met. For\npackages carried in a closed highway vehicle or rail car used solely for the transportation\nof radioactive material packages, § 173.443(d) allows the amount of surface\ncontamination on the packages to be as high as 40 or 4.0 Bq/cm?, respectively, provided\nthe conditions of that paragraph are satisfied. These conditions include a requirement that\nthe vehicle be stenciled on both sides with the words \"For Radioactive Materials Use\nOnly, \" in letters at least 76 mm high in a conspicuous place.\nNote that for packages transported as exclusive use shipments by rail or public highway,\n§ 173.443(b) allows package surface contamination levels as high as 10 times the\npackage surface limits identified in Table 11 (which are 4.0 Bq/cm? and 0.4 Bq/cm?,\nrespectively; the Table 11 values of 0.4 and 0.04 Bq/cm' are the wipe limits, assuring\n10% efficiency), so long as the levels at the beginning of transport do not exceed the\nvalues of 4.0 and 0.4 Bq/cm?, respectively, identified by Table 11. This provision\naccommodates \"weeping\" or other processes that increase contamination on the surface of\nthe package while it is in transit.\nI hope this information is helpful. Should you have further questions, please contact us.\nshake z. Mitchall\nHattie L. Mitchell, Chief\nRegulatory Review and Reinvention\nOffice of Hazardous Materials Standards\n\n<<<PAGE 3>>>\n\nBetts\nADCO\n173.441\nServices. Inc.\nJuly 23, 1999\nOffice of Hazardous Standards\nU. S. Department of Transportation RSPA\nDHM-10\nMr. Edward Mazzullo, Director\n400 7* Street S.W.\nWashington, D.C. 20590\nDear Mr. Mazzullo,\ntransporting radioactive materials as Exclusive Use. We have had several discussion\nI am writing this letter to get an official interpretation of the regulations surrounding\nwithin our company and it seems each of us understands the regulations just slightly\ndifferently. We would appreciate an official written response to the following questions.\n#1. It a shipment of \"Radioactive Material\" is shipped under \"Exclusive Use\" and the\nconsignor\nintermediate loading and unloading of other waste and/or general commodities,\nor consignee authorizes the carrier, with radiological training, to do\n173.427, 173.447, 173.448 and 177.842?\naccording to the exclusive use instructions, is this within the regulations under: 173.403,\n#2.\nIf a package of \"Radioactive Material\" exceeds the limits specified\n173.441(a), can there still be intermediate loading and unloading of the shipment if the\nin\nunder a \"Radiation Dosimetry Program\" and have radiological training?\ncarrier is under a state or federally regulated \"Radiation Protection Program\" and are\n#3.\nIf a package cannot meet the contamination limits specified in Table 11 of\n173.443, and is less than 10 times the limit in Table 11, can it still be shipped under\n\"Exclusive Use\" ina closed transport vehicle by highway in domestic transportation?\nThank you in advance for your response. If you should have any questions, please feel\nfree to contact me. If you prefer, you can fax your response to me at 708-429-9759.\nSincerely,\nLen Warbiany\nCustomer Service Manager\n17650 Duvan Drive • Tinley Park, Illinois 60477 • (708) 429-1660 • Fax (708) 429-9759","truncated":false,"body_characters":6586}