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Interpretation Response #08-0024 ([Environmental Quality Management, Inc. Stone Point Landing] [Mr. Joseph D. Biss])

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

Interpretation Response Details

Response Publish Date:

Company Name: Environmental Quality Management, Inc. Stone Point Landing

Individual Name: Mr. Joseph D. Biss

Location State: PA Country: US

View the Interpretation Document

Response text:

January 29, 2009

Mr. Joseph D. Biss

Environmental Quality Management, Inc.

Stone Point Landing

500 Market Street, Suite 302

Bridgewater, PA 15009

Ref. No. 08-0024

Dear Mr. Biss:

This responds to your January 23, 2008 letter and follow-up telephone conversations with a member of my staff requesting clarification of the hazard communication requirements for the transport of equipment with a radioactive component under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180).

You indicate that a nuclear density gauge will be permanently affixed to a pipe saddle mounted to the exterior of a concrete pumping truck. The gauge will be used to monitor and collect data on the density of cement being pumped. You provide the following details about the gauge: (1) it incorporates a component housing that contains a sealed-source of Cesium-137 (Cs-137); (2) the housing is manufactured to DOT Specification 7A Type A packaging; (3) the Cs-137 has an activity of 0.2 Curie (Ci) (0.0074 terabecquerel (TBq)); and (4) the Transport Index (TI) for the exterior surface of the gauge is 0.2 and the maximum surface radiation level is 0.13 mrem per hour. Additionally, you note that the gauge will be covered by a metal box that will also be mounted to the truck; the metal box will not be marked or labeled because you do not believe it functions as an overpack. Based on this information, you ask whether the package marking, hazard communication (marking and labeling), and shipping paper information as described in your letter is in compliance with the requirements of the HMR. Your questions are paraphrased and answered as follows:

Q1. What package marking is required?

A1. In addition to the "USA DOT 7A Type A" marking, the gauge must be marked as prescribed by § 178.3 (e.g., marked with the name and address or symbol of the packaging manufacturer) in accordance with § 178.350.

Q2. What hazard communication marking is required?

A2. The gauge must be marked in accordance with § 172.301 to include the proper shipping name (i.e., Radioactive Material, Type A Package) and identification number (i.e., UN2915). Words in italics in Column (2) of the § 172.101 Hazardous Materials Table (HMT) as part of the hazardous materials description may be used in addition to the proper shipping name. Because your material is non-fissile, you may include the phrase, "non-special form, non-fissile" with the proper shipping name. You may not include the words "fissile excepted." Additionally, radioactive material is not assigned a packing group, therefore, PG II must not be included with the marking.

Q3. What hazard communication labeling is required?

A3. Based on a TI of 0.2 for the exterior surface of the gauge and a maximum surface radiation level is 0.13 mrem per hour, the category of label and information entered on the label as described in your letter is correct.

Q4. What information is required on the shipping paper?

A4. In accordance with § 172.202, the basic description for your material must be in the following sequence: identification number, proper shipping name, hazard class. [Radioactive materials are not assigned a packaging group; therefore, you are not required to include a packaging group with the basic description.] Alternatively, until January 1, 2013, you may list the proper shipping name first, followed by the hazard class and the identification number. Again, because your material is non-fissile, you may include the phrase, "non-special form, non-fissile" with the proper shipping name. The shipping description you propose must also include the number and type of package and a description of the physical or chemical form of the material if not already included with the basic description (i.e., non-special form). In addition, including a copy of the Emergency Response Guidebook (ERG) with the shipping paper complies with the emergency response information requirements under § 172.602. Finally, please note that the shipping paper must be kept in the motor vehicle in conformance with § 177.817(e).

Q5. Is the metal box covering the gauge considered an overpack?

A5. No. It is the opinion of this Office that the metal box covering the gauge is not an overpack as defined in § 171.8 and therefore, is not required to be marked and labeled.

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


Charles E. Betts

Chief, Standards Development

Office of Hazardous Materials Standards

172.202, 177.817, 172.101

Regulation Sections

Section Subject
172.101 Purpose and use of hazardous materials table