Interpretation Response #10-0121 ([American Nuclear Portable Gauge Association] [Mr. George Marshall])

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

Interpretation Response Details

Response Publish Date: 10/13/2010

Company Name: American Nuclear Portable Gauge Association

Individual Name: Mr. George Marshall

Location State: MD Country: US

View the Interpretation Document

Response text:

October 13, 2010

Mr. George Marshall

American Nuclear Portable Gauge Association

15105 Bitterroot Way

Rockville, MD 20853



Ref. No. 10-0121

Dear Mr. Marshall:

This responds to your May 28, 2010 letter requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to Class 7 (radioactive) material packages. Specifically, you ask if a lock is a sufficient feature on a Type A packaging to satisfy the requirement to seal a Type A packaging in accordance with § 173.412.

The answer is yes. Section 173.412(a) requires the outside of a Type A packaging to incorporate a feature, such as a seal, that is not readily breakable; and while intact, is evidence that the package has not been opened. A similar requirement exists in the International Atomic Energy Agency (IAEA) Safety Standards, Regulations for the Safe Transport of Radioactive Material (TS-R-1; see Paragraph 635). IAEA Safety Standards, Advisory Material for the Safe Transport of Radioactive Material (TS-G-1.1), a companion guide for TS-R-1, states:

"There are many methods of sealing but the following are typical of those used on packages for radioactive material: " padlocks may be used on timber boxes and also for lead/steel packages. A feature such as a drilled pillar may be incorporated into the box or packaging design so that when the padlock is fitted through the drilled hole it is not possible to gain entry into the package." [Paragraph 635.3(c)]

PHMSA agrees with the guidance in TS-G-1.1. The intent of a seal on a Type A package is to limit access in transportation to authorized persons. A padlock ensures that only authorized persons may access the package. Any damage to the padlock will provide evidence of package opening by unauthorized persons. Thus, it is the opinion of this office that a lock, that is not

readily breakable and that is placed in the locked position on a Type A packaging, may be used as a feature to satisfy the requirement to seal a Type A packaging in accordance with § 173.412.

I hope this information is helpful. If you have further questions, please contact this office.

Sincerely,

Ben Supko

Acting Chief, Standards Development

Office of Hazardous Materials Standards

173.412

Regulation Sections