Interpretation Response #11-0296
Below is the interpretation response detail and a list of regulations sections applicable to this response.
Interpretation Response Details
May 1, 2012
Mr. Robinson E. Fillmore
Transportation and Packaging Lead
Washington Closure Hanford, LLC
2620 Fermi Avenue
Richland, WA 99354
Ref. No. 11-0296
Dear Mr. Fillmore:
This responds to your letter requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to the marking and labeling requirements of Class 7 (Radioactive) material packages. Specifically, you ask whether a dedicated-use transport vehicle and its designed-for and securely attached 18 cubic yard roll-on/roll-off industrial packaging may be considered as one "package" as defined in § 173.403 of the HMR for the purposes of marking and labeling.
The answer is no. As defined in § 173.410:
" Package means the packaging together with its radioactive contents as presented for transport, and
" Packaging means, for Class 7 (radioactive) materials, the assembly of components necessary to ensure compliance with the packaging requirements of this subpart. It may consist of one or more receptacles, absorbent materials, spacing structures, thermal insulation, radiation shielding, service equipment for filling, emptying, venting and pressure relief, and devices for cooling or absorbing mechanical shocks. The conveyance, tie-down system, and auxiliary equipment may sometimes be designated as part of the packaging.
If consideration of the conveyance as part of the package is not "necessary to ensure compliance with the packaging requirements," the conveyance should not be considered as part of the packaging. If the roll-on/roll-off industrial packaging meets the packaging requirements without including the conveyance, it would not be acceptable to consider the
conveyance as part of the package. It is unlikely that you would need to take credit for the conveyance to meet the requirements for an industrial package. Therefore, the answer to your question is no, it is not acceptable to call the vehicle part of the packaging.
I trust this satisfies your inquiry. Please contact us if we can be of any further assistance.
T. Glenn Foster
Chief, Regulatory Review and Reinvention Branch
Standards and Rulemaking Division
|§ 173.410||General design requirements|