Interpretation Response #15-0195 ([Prairie Island Nuclear Generating Plant] [Mr. Clay Sweet])

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

Interpretation Response Details

Response Publish Date: 02/17/2016

Company Name: Prairie Island Nuclear Generating Plant

Individual Name: Mr. Clay Sweet

Location State: MN Country: US

View the Interpretation Document

Response text:

February 17, 2016

Clay G. Sweet
Radioactive Material Shipping Coordinator
Prairie Island Nuclear Generating Plant
1717 Wakonade Drive East
Welch, MN 55089

Ref. No. 15-0195

Dear Mr. Sweet:

This responds to your letter of September 28, 2015 requesting clarification of “exclusive use” shipments under the Hazardous Materials Regulations (HMR; Subchapter C; 49 CFR Parts 171-180).  Specifically, you inquire about the authorized packaging of Low Specific Activity (LSA) material and Surface Contaminated Objects (SCO) in light of a change to the definition of “exclusive use” (as defined in § 173.403) in the final rule, “Hazardous Materials: Harmonization with International Standards (RRR)” (HM-215M; 80 FR 1076).  Moreover, in your request, you have referenced a Letter of Interpretation (Ref. No. 15-0036) issued by this Office.  Your questions are paraphrased and answered as follows.

Q1.   May a general design packaging meeting the requirements of § 173.410 be used to ship LSA material and SCO under “exclusive use” in accordance with
§ 173.427(b)(4), even if the limits prescribed in § 173.441(a) are not exceeded?

A1.   Yes.  Section 173.427(b)(4) authorizes LSA material and SCO to be packaged in a packaging meeting the requirements of § 173.410 (general design requirements) provided that the shipment is consigned as “exclusive use,” the transportation is domestic, and the shipment is less than an A2 quantity.  In other words, in order to use the general design packaging authorized in § 173.427(b)(4) to transport LSA material and SCO, the HMR (i.e., “this subchapter”), specifically § 173.427(b)(4), require that the shipment be consigned as “exclusive use.”  

Please note that there are multiple circumstances whereby the HMR require that a shipment be consigned as “exclusive use,” not solely the circumstance of a package exceeding the limits prescribed in § 173.441(a) or (d).  Letter of Interpretation, Ref. No. 15-0036, cited § 173.441(a) and (d) as an example of when the HMR require “exclusive use” consignment.

Q2.   May the package of LSA material or SCO still qualify for the marking and labeling exception found in § 173.427(a)(6)(vi), even if the limits prescribed in § 173.441(a) are not exceeded?

A2.   Yes.  Provided the shipment is offered under “exclusive use,” the marking and labeling exception found in § 173.427(a)(6)(vi) may be used.  While it is the shipper’s option to exercise this provision, when it is selected, the HMR, specifically                         § 173.427(a)(6), require that the shipment be consigned as “exclusive use.”

Q3.   If the limits prescribed in § 173.441(a) are not exceeded, must LSA material and SCO be packaged in accordance with §§ 173.427(b)(1), (2), (3), or (5) (instead of using a general design packaging meeting the requirements of § 173.410 in accordance with     § 173.427(b)(4))?

A3. No.  See A1.

I hope this answers your inquiry.  If you need additional assistance, please contact this Office again.   

Sincerely,

Dirk Der Kinderen
Chief, Standards Development Branch
Standards and Rulemaking Division

173.403, 173.410, 173.427(b)(4), 173.441(a), 173.427(a)(6)(vi), 173.427(a)(6), 173.427(b)(1), (2), (3), or (5)

Regulation Sections