Interpretation Response #22-0127
Below is the interpretation response detail and a list of regulations sections applicable to this response.
Interpretation Response Details
Response Publish Date:
Company Name: BGS, LLC
Individual Name: John Woodbury
Location State: ID Country: US
View the Interpretation Document
Response text:
March 17, 2023
John Woodbury
Packaging Management Council Coordinator
BGS, LLC
3533 15th Street E
Lewiston, ID 83501
Reference No. 22-0127
Dear Mr. Woodbury:
This letter is in response to your November 28, 2022, email requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to requirements for transporting "UN3321, Radioactive material, low specific activity (LSA-II), 7." Specifically, you request clarification on the use of portable tanks, cargo tanks, and tank cars as Industrial Package Type 2 (Type IP-2) or Industrial Package Type 3 (Type IP-3) packagings, as authorized in § 173.411.
We have paraphrased and answered your questions as follows:
Q1. You ask whether a portable tank used as a Type IP-2 or Type IP-3 packaging, in accordance with § 173.411(b)(4), is subject to periodic testing.
A1. The answer is yes. Section 173.411(b)(4)(ii) requires that a portable tank used as a Type IP-2 or Type IP-3 packaging must meet the standards of Chapter 6.7 of the United Nations (UN) Recommendations on the Transport of Dangerous Goods Model Regulations (UN Model Regulations) or other requirements at least equivalent to those standards. You correctly note that Chapter 6.7 requires periodic testing of UN portable tanks. The HMR also require periodic testing for Department of Transportation (DOT), Intermodal, and UN portable tanks in Part 180, Subpart G (§§ 180.601-605).
Q2. You ask whether a portable tank used as a Type IP-2 or Type IP-3 packaging must be cleaned prior to entering radioactive material service.
A2. This is not specifically addressed in the HMR. However, this Office understands that cleaning and purging a portable tank prior to beginning a new service is standard procedure in most circumstances. Please be aware that the HMR forbids the mixing of materials which are likely to cause a dangerous evolution of heat, or flammable or poisonous gases or vapors, or to produce corrosive materials (see §§ 173.21(e) and 173.24(e)). Additionally, if the package is not cleaned and purged, and remaining residual material from the previous load have any hazardous characteristics, then combining that material with a Class 7 hazardous material may require classification of multiple hazards per § 173.2a and may be subject to additional requirements in the HMR.
Q3. You ask whether a cargo tank used as a Type IP-2 or Type IP-3 packaging, in accordance with § 173.411(b)(5), must conform to HMR standards for a cargo tank as provided in Part 178, Subpart J.
A3. The answer is no. A cargo tank authorized in § 173.411(b)(5) for use as a Type IP-2 or Type IP-3 packaging is not required to be a DOT or MC specification cargo tank.
Q4. You ask whether a tank car used as a Type IP-2 or Type IP-3 packaging, in accordance with § 173.411(b)(5), must conform to HMR standards as provided in Part 179.
A4. The answer is no. A tank car authorized in § 173.411(b)(5) for use as a Type IP-2 or Type IP-3 packaging is not required to be a DOT specification tank car.
Q5. You ask whether a cargo tank or tank car used as a Type IP-2 or Type IP-3 packaging must be cleaned prior to entering radioactive material service.
A5. See answer A2.
Q6. You ask whether a metal intermediate bulk container (IBC) used as a Type IP-2 or Type IP-3 packaging, in accordance with § 173.411(b)(7), is subject to periodic testing.
A6. The answer is yes. A UN specification metal IBC used as a Type IP-2 or Type IP-3 packaging, in accordance with § 173.411(b)(7), is subject to periodic test and inspection requirements as described in the UN Model Regulations 6.5.4.4 and Part 180, Subpart D (§§ 180.350-352).
Q7. You ask whether a metal IBC used as a Type IP-2 or Type IP-3 packaging must be cleaned prior to entering radioactive material service.
A7. See answer A2.
Q8. You ask whether a portable tank, cargo tank or tank car, and metal IBC authorized as a Type IP-2 or Type IP-3 packaging in §§ 173.411(b)(4), (5), and (7)—respectively—is subject to the requirements in § 173.411(b)(2) for use as a Type IP-2 packaging or § 173.411(b)(3) for use as a Type IP-3 packaging.
A8. The answer is no. A portable tank, cargo tank or tank car, and metal IBC authorized in §§ 173.411(b)(4), (5), and (7)—respectively—as a Type IP-2 or Type IP-3 packaging, must meet the general design requirements of an Industrial Package Type 1 packaging as a criterion within each packaging paragraph, but is not subject to the general design requirements of §§ 173.411(b)(2) and (3). The provisions of §§ 173.411(b)(4), (5), and (7) are to be used as an alternative means of Type IP-2 and Type IP-3 packaging certification.
I hope this information is helpful. Please contact us if we can be of further assistance.
Sincerely,
Dirk Der Kinderen
Chief, Standards Development Branch
Standards and Rulemaking Division