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U.S. Department of Transportation U.S. Department of Transportation Icon United States Department of Transportation United States Department of Transportation

Interpretation Response #04-0199 ([Office of Environmental Management, U.S. Department of Energy, EM-l1] [Mr. Dennis Ashworth])

Below is the interpretation response detail and a list of regulations sections applicable to this response.

Interpretation Response Details

Response Publish Date:

Company Name: Office of Environmental Management, U.S. Department of Energy, EM-l1

Individual Name: Mr. Dennis Ashworth

Location State: DC Country: US

View the Interpretation Document

Response text:

Sep 27, 2004

 

Mr. Dennis Ashworth                 Reference No. 04-0199
Director, Office of Transportation
Office of Environmental Management
U.S. Department of Energy, EM-l1
1000 Independence Avenue, SW
Washington, D.C. 20585

Dear Mr. Ashworth:

This responds to your letter dated August 23, 2004 concerning the transport requirements for low specific activity (LSA) Class 7 (radioactive) materials in § 173.427 of the Hazardous Materials Regulations (HMR; 49 CFR parts 171-180). You state that DOE currently has an exemption, DOT-B 12469, which authorizes shipments of liquid LSA-II (radioactive) material, not exceeding an A quantity, in DOT Specification MC 312 and DOT 412 cargo tanks. You also state that the exemption expires on December 31, 2004 and that DOE is trying to determine whether renewal of the exemption is required after October 1, 2004, when Docket No. RSPA-99-6283, (HM-230) titled “Compatibility with the Regulations of the International Atomic Energy Agency” becomes effective. Your questions are paraphrased and answered as follows:

Q1. Is the transportation of liquid LSA-II (radioactive) material in non-specification cargo tanks authorized under the HMR, as revised by HM-230?

Al. The answer is yes. As you correctly stated in your letter, § 173.427(b)(4) as revised under HM-230, authorizes, for less than an A quantity, the use of any packaging that meets the general packaging requirements in § 173.24, 173.24a and 173.410.

Q2. Is transportation of liquid LSA-II (radioactive) material in cargo tanks equipped with bottom outlets authorized under the HMR, as revised by Docket HM-230?

A2. The answer is yes. As stated above, § l73.427(b)(4) authorizes, for less than an A2 quantity, the use of any packaging that meets the general packaging requirements in § 173.24, l73.24a and 173.410. Section 173.427(b)(4) does not prohibit the use of bottom outlets. If, however, liquid LSA-I (radioactive) material is shipped under “exclusive use” in one of the DOT specification tank cars or cargo tank motor vehicles authorized under
§ 173 .427(b)(5), for those packagings bottom outlets are not authorized.

 

 

 

I trust this satisfies your request.

Sincerely,

 

Hattie L. Mitchell
Chief, Regulatory Review and Reinvention
Office of Hazardous Materials Standards

173.427

Regulation Sections

Section Subject
173.427 Transport requirements for low specific activity (LSA) Class 7 (radioactive) material and surface contaminated objects (SCO)