Allied Technology Group, Inc. — Hazardous Materials Safety Interpretation

Page 1f Transportatior IS. Department Washington, D C 400 Seventh Streel, S.W 20590 Research and pecial Program NOV - 8 2000 • dministratio • Mr. Anthony L. Patko Reference No.: 00-0241 Manager, Engineering and Licensing Allied Technology Group, Inc. 669 Emery Valley Road Oak Ridge, TN 37830 Dear Mr. Patko: This is in response to your August 25, 2000 letter concerning the acceptability of hinged hazard warning labels for use on packages under the Hazardous Materials Regulations (49 CFR Parts - 171-180). In a subsequent letter, you submitted a sample, flip-type hinged RADIOACTIVE label for our review. It is our opinion that the sample label meets the minimum requirements prescribed in § 172.407 and is acceptable for use on packages of hazardous materials. Thank you for allowing us to keep sample label for our files. Please contact us if we can be of further assistance. Sincerely, Edward T. Mazzullo Director, Office of Hazardous Materials Standards#

Page 2. : 8423 226 7803 ATG INC 08/25/00 12:15 P.201/002 Corbin ATG ALLIED TECHNOLOGY GROUP 2172.407 August 25, 2000 Labeling Mr. Edward Mazzullo Director, Ofice of Hazardous Materials Staadards 00-0241 US DOT/RSPA (DHM-10) 400 Seventh Street, S.W. Washington, DC 20590-0001 Submitted via FAX: 202.366.3012 Subject: Use of Hinged Labels Reference: 49 CFR 172 Dear Mr. Mazzullo: The purpose of this communication is to obtain your concurrence to the regulatory validity of using hinged labels on packages shipped under the applicable labeling requirements of 49 CFR 172. The attachment of a label to a package is discussed in 49 CFR 172.304, Marking requirements, under sub § (a): "The marking required in this subpart - (1) Must be durable, in English and printed on or affixed to the surface of a package or on a label, tag or sign". Hinged labels, as long as they meet the durability, language and otber requirements listed under (2) through (4) of (a) above, fit into this category. 49 CER 172.407, Label Specification, under sub § (a) also refers to labels as "printed on or affixed to a package". . Thus these sections of the regulation simply require the label to be "printed on or affixed to the surface of a package". The use of hinged labels meets the critenia of "affixed to the surface of a package." 49 CFR 172.516 (e), states (bolding added for clarity): "(e) A placard or placard holder may be hinged provided the required format, color, and legibility of the placard are maintained." Since hinged placards/placard-kolders are allowed and since labels and placards are of equal importance, the use of hinged labels on a package is a valid practice. As long as the hinged design does not violate the visibility and display requirements of 49 CFR 172, their use meets the regulatory requirements and is consistent with the use of hinged placards. Therefore, packages (e.g., casks) equipped with binged labels are allowed under the DOT regulations, specifically under 49 CFR 172. Your concurrence to the above is hereby requested or if you disagree with the above reasoning, please provide guidance on the above subject. Thank you for your assistance. 669 Emory Valley Road • Oak Ridge, Tennessee 37830 • (865) 425-5000 • Fax (865) 425-5057 • (800) 348-5389#

Page 3is i 8423 220 7803 AG INC 08/25/00 12:15 P.002/002 " " Mr. Edward Mazzulla, Diroctor Page 2 of 2 Should you wish to contact me, please feel free to call me at 865.425.5030 or you can reach me via e-mail at PatkoI@atgusa.com. Sincerely, state fathe Anthony L. Patko Manager, Engineering and Licensing US DOT/RSPA (DHM-10) CONCURRENCE Comments: Date: ..... By: Print Name: ....#

Page 4ATG .c. ALLIED TECHNOLOGY GROUP October 12, 2000 Ms. Gigi Corbin Office of Hazardous Materials Standards US DOT/RSPA (DHM-10) 400 Seventh Street, S.W. Washington, DC 20590-0001 Subject: Use of Hinged Labels Reference: My Letter to Mr. Ed Mazzullo, Dated August 25, 2000 49 CFR 172 Dear Ms. Corbin: Thank you for your message from last week. In response to your verbal request, enclosed please find one of the flip chart type hinged labels my above referenced letter to Mr. Mazzullo discusses. Again, your concurrence is being solicited as to the acceptability of these labels for use on DOT Specification 7A, Type A packages under the provisions of 49 CFR 172. Should you have further questions regarding the above or the enclosure, please feel free to contact me at 865.425.5030 or via e-mail at tony.patko@atgcusa.com (Note new e-mail address!) I am looking forward to hearing from you. Sincerely, stute LPath. Anthony L. Patko Program Manager, Licensed Products Enclosure 669 Emory Valley Road • Oak Ridge, Tennessee 37830 • (865) 425-5000 • Fax (865) 425-5057 • (800) 348-5389#