Interpretation Response #21-0036
Below is the interpretation response detail and a list of regulations sections applicable to this response.
Interpretation Response Details
June 8, 2021
Shipping Technician, Radwaste/Shipping
Entergy Operations Inc.
Waterford 3 S.E.S.
17265 River Rd
Killona, LA 70057
Reference No. 21-0036
Dear Mr. James:
This letter is in response to your April 8, 2021, email requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to marking requirements for bulk packages containing radioactive material. Specifically, you describe a scenario involving a bulk Type A package, containing a Type B quantity of "UN3321, Radioactive material, low specific activity (LSA-II) non fissile or fissile-excepted, 7." The material is shipped via ground transportation, in exclusive use.
We have paraphrased and answered your questions as follows:
Q1. You ask whether the letters "RQ" are required to be marked on a bulk package that is not being shipped under the provisions of § 173.427. You provide "UN2916, Radioactive material, Type B(U) package, fissile-excepted, 7" as an example of a material that does not qualify for the provisions of § 173.427.
A1. The answer is no. The letters "RQ" are generally not required to be marked on a bulk package, except as expressly directed by a specific provision of the HMR.
Q2. You ask whether a Type A quantity shipped in a bulk package as LSA or Surface Contaminated Object (SCO) radioactive material, via domestic ground transport as an exclusive use shipment, must bear the "RQ" marking as required by § 173.427(a)(6)(vi).
A2. The answer is yes, if the packaged or unpackaged LSA or SCO material contains a hazardous substance and utilizes the exception from the marking and labeling requirements provided in § 173.427(a)(6)(vi). In final rule HM-230 (69 FR 3631; 1/26/2004), the Research and Special Programs Administration, PHMSA's predecessor agency, stated that the intent of § 173.427(a)(6)(vi) is that all packages transported in accordance with this provision, regardless of capacity or weight, that contain a hazardous substance must bear the "RQ" marking.
Q3. You ask whether the "Radioactive-LSA" or "Radioactive-SCO" and RQ marking requirements of § 173.427(a)(6)(vi) apply to LSA or SCO shipments of A2 quantities or greater.
A3. The answer is no, packages of LSA or SCO material that do not qualify for the § 173.427(a)(6)(vi) marking and labeling exception are not subject to the additional requirements found in this subparagraph. The requirements of § 173.427(a)(6)(vi)—including the requirement to mark the letters "RQ" on a package containing a hazardous substance—only apply to shipments that qualify for, and utilize, the marking and labeling exception described in this subparagraph. Please note that non-bulk packages of LSA or SCO material of A2 quantities or greater that contain a hazardous substance must bear the RQ mark, in accordance with the general non-bulk package marking requirements in § 172.324.
Q4. You ask whether the marking size requirements of § 172.302(b) apply to the RQ marking on a bulk package.
A4. The answer is yes.
I hope this information is helpful. Please contact us if we can be of further assistance.
Dirk Der Kinderen
Chief, Standards Development Branch
Standards and Rulemaking Division
172.302(b), 172.324, 173.427, 173.427(a)(6)(vi)
|§ 173.427||Transport requirements for low specific activity (LSA) Class 7 (radioactive) material and surface contaminated objects (SCO)|