PHMSA Response Letter

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Mr. Boyd Imai
Utah Division of Radiation Control
168 North 1950 West
Salt Lake City, UT 84116

Ref. No.: 08-0012

Dear Mr. Imai:

This is in response to your January 3, 2008 letter requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to Class 7 (radioactive) materials. Specifically, you ask several questions concerning the requirements for a closed transport vehicle used solely for the transport of radioactive materials in accordance with
§ 173.443(d). Your questions are paraphrased and answered below:

Q1. Is an empty transport vehicle used in accordance with § 173.443(d) subject to the HMR?

A1. To determine the applicability of the HMR to an empty transport vehicle with a radioactive substance distributed on its surface, it must first be determined whether the total activity present exceeds the activity limit for an exempt consignment, as listed in § 173.436 or calculated in accordance with § 173.433. If the total activity is greater than the activity limit for an exempt consignment, the empty transport vehicle would be subject to the HMR as a Class 7 hazard; otherwise it would not.

Q2. Would DOT assume an empty transport vehicle used in accordance with § 173.443(d), is subject to the HMR?

A2. See A1.

Q3. How can a shipper demonstrate an empty transport vehicle used in accordance with § 173.443(d), does not meet the definition of a Class 7 (radioactive) material?

A3. Measurements performed with an appropriate instrument in conjunction with calculations or reasoned evaluation, using reliable and conservative procedures and parameters may be used to determine the level of radioactive substances distributed on the transport vehicle.

Q4. If the transport vehicle is subject to the HMR, what proper shipping name should be used?

A4. Under § 173.22, it is the shipper's responsibility to properly class and describe a hazardous material.

Q5. If no measurement of residual radioactive material remaining in an empty transport vehicle subject to § 173.443(d) is taken and the transport vehicle is subject to the shipping paper requirements, what activities can be assigned in order to comply with § 172.203(d)?

A5. The shipper must determine how much activity, and of which radionuclides are present, based on calculations or reasoned evaluation, using reliable and conservative procedures and parameters before completing a shipping paper. Situations may exist when these methods are not sufficient and physical measurements must be performed.

I hope this information is helpful. Please contact us if you require additional assistance.

Sincerely,

Charles E. Betts
Senior Transportation Regulations Specialist
Office Hazardous Materials Standards

173.403 173.443(d)