Interpretation Response #06-0063 ([Logistical Solutions] [Mr. Kurt Colborn])

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

Interpretation Response Details

Response Publish Date: 06/16/2006

Company Name: Logistical Solutions

Individual Name: Mr. Kurt Colborn

Location State: PA Country: US

View the Interpretation Document

Response text:

Jun 16, 2006

Mr. Kurt Colborn                Reference No. 06-0063
Director, Technical Services
Logistical Solutions
800 Cranberry Woods Drive, Suite 450
Cranberry Township, PA 16066

Dear Mr. Colborn:

This responds to your March 13, 2006 letter requesting clarification on § 173.41 1(b)(6) to allow the use of freight containers as Industrial Packagings (IP) Type 2 or 3 containers under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180).

Section 173.41 1(b)(6) authorizes the use of freight containers as industrial packagings Types 2 or 3 (Type IP-2 or (Type IP-3) provided that:

(i) The radioactive contents are restricted to solid materials;

(ii) The freight containers satisfy the requirements for Type IP-1 as specified in § 173.410; and

(iii) The freight containers conform to the standards prescribed in the International Organization for Standardization document ISO 1496-1: “Series 1 Freight Containers-Specifications and Testing-Part 1: General Cargo Containers; excluding dimensions and ratings. They must be designed so that if subjected to the tests prescribed in that document and the accelerations occurring during routine conditions of transport they would prevent loss or dispersal of the radioactive contents and loss of shielding integrity that would result in more than a 20% increase in the radiation level at any external surface of the freight containers.

Your questions are paraphrased and answered below:

Q1. May packages meeting the IP-1 freight container and ISO 1496 standards be used as IP-2 or IP-3 packages when used to consolidate small loads for shipment?

Al. In accordance with § 173.411(b)(6), freight containers may be used as IP-2 or IP-3 packages, as long all of the following four conditions are met:

a) The freight container meets the requirements for an IP- 1 package.

b) The freight container is designed to conform to the standards prescribed in: “Series I Freight Containers - Specifications and Testing - Part 1: General Cargo Containers for General Purposes; excluding dimensions and ratings. It should be noted that freight containers approved in accordance with the International Maritime Organization International Convention for Safe Containers are not necessarily equivalent to the testing prescribed by ISO 1496-1.

c) The freight container is designed such that if subjected to the tests prescribed in ISO 1496-1, as well as accelerations occurring during routine conditions of transport, there would be no loss or dispersal of the radioactive contents nor loss of $shielding integrity which would result in more than a 20% increase in radiation levels on any external surface of the freight container. It should be noted that the test conditions of accelerations occurring during routine conditions of transport are in addition to the testing prescribed by ISO 1496-1 because the ISO Standard does not include dynamic tests.

d) The radioactive contents of the freight container are limited to solid materials. Additionally, radioactive contents that have not satisfied the requirements of § 173.411(b)(6) must not be transported in an IP-2 or IP-3 container.

Q2. What marking and labeling requirements apply to a freight container used as an IP-2 or IP-3 package? What marking and labeling requirements apply to internal containers?

A2. Freight containers used as an IP-2 or IP-3 package must be marked and labeled as such, in accordance with § 172.310 and 172.403. Inner containers are authorized provided they are specified in the IP-2 or IP-3 test and evaluation report. Inner containers must be marked in accordance with the specification specified in the test and evaluation report. For example, if the test and evaluation report specify the presence of inner IP-l packages, the packages must be marked as such, in accordance with § 172.310. If the test report specifies inner containers (i.e. wooden boxes, bags, etc.) marking of the inner containers would not be required. Additionally, hazard communication markings and labels are not required for the inner containers.

Q3. May freight containers not meeting the IP-l and ISO-1496-1 standards be used to transport loose bulk material if testing demonstrates the containers prevent the loss or dispersal of contents while subjected to the ISO-l496-l test requirements?
A3. No. The freight container must meet all the requirements outlined in Answer 1.

Q4. Are the requirements in § 173.41 1(b)(6) intended to be used as an alternative means to certify packagings? If an IP-1 freight container is used an IP-2 or IP-3 package, how should the package be marked?

A4. The provisions of § 173.411(b)(6) are to be used as an alternative means of IP-2 and IP-3 packaging certification. Freight containers used as an IP-2 or IP-3 packaging must be marked accordingly.

I hope this answers your inquiry.

Sincerely,

John A. Gale
Chief, Standards Development
Office of Hazardous Materials Standards

173.411 (b)(6)

Regulation Sections