Defense Logistics-Agency — Hazardous Materials Safety Interpretation

Page 1of Transportation U.S. Department 400 Seventh St., S.W. Special Programs Research and NOV 1 3 2002 Washington, D.C. 20590 Administration Mr. F. Kevin Reilly Defense Logistics Agency Director, Environmental Management Ref. No. 02-0278 Et. Belvoir, Virginia 22060-6223 8725 John J. Kingman Road, Suite 3229 Dear Mr. Reilly: This is in response to your letter dated October 10, 2002 regarding the shipment of Radioactive material, low specific strong tight bulk packaging (i.e., freight container) in activity, n.o.s. (UN2912) that is packaged in a non-specification Regulations (HMR; 49 CFR Parts 171-180). accordance with S 173.427 (c) (1)of the Hazardous Materials whether the material may be contained in inner non-bulk Specifically, you ask packagings. non-specification strong tight bulk packaging for Radioactive is yes.: Section 173.427(c) (1)authorizes the use of a material, low specific activity, n.o.s. (UN2912).. The fact that the material is further contained in non-bulk packagings is not. relevant. I hope this information is helpful. Sincerely, Note z. Michell. Hattie L. Mitchell Office of Hazardous Materials Standards Chief, Regulatory Review and Reinvention 173.427(c) 020278 2.#

Page 2Betts DEFENSE NATIONAL STOCKPILE CENTER DEFENSE LOGISTICS AGENCY 8725 JOHN J. KINGMAN ROAD, SUITE 3229 8/73.403 FT. BELVOIR, VIRGINIA 22060-6223 § 734276 IN REPLY REFER TO DNSC-E OCT 1 0 2002 Packagings 02-0278 Mr. Edward T. Mazzullo Research and Special Programs Administration Director, Office of Hazardous Materials Standards U.S. Department of Transportation 400 7th Street, S. W. Washington, DC 20590-0001 Dear Sir, responsibility of reducing the amount of material in the national strategic stockpile. The Defense Logistics Agency, Defense National Stockpile Center, is charged with Some of these materials qualify as hazardous materials in accordance with Title 49 Parts 171-180. I am writing to you to confirm our understanding of how these regulations can be met for the shipment of a particular material we need to transport. The material is a low level radioactive material, originally purchased from various representative samples of the material lots and have determined that they do not meet the sources around the world in the 1950's and 1960's as Thorium Nitrate:; Werhave,tested definition of an oxidizer as specified in 49 CFR 173.127 and in accordance with the prescribed tests in the UN Manual of Tests and Criteria. Earlier guidance provided by meets the definition of Low Specific Activity (LSA) as defined in 49 CFR 173.403 and your office (letter of March 13, 2001, reference number 01-0064), states "...if the material does not meet any other hazard class, it would be most appropriately described as "Radioactive material, LSA, n.o.s." Therefore, we plan to ship the materials domestically as Radioactive material, low specific activity, n.o.s. We will be shipping the material under exclusive use conditions and the total activity in a (drums) in which the materials are loaded are in impaired condition and will not qualify package will always be less than A since this value is unlimited. The current packagings The bulk packagings we propose to use are intermodal freight containers that are intermediate form of containment..." Since the drums themselves are not strong tight Printed on Recycled Paper#

Page 3of containment' that would negate shipping them inside a 'bulk packaging'. packages, we would like to confirm that they would not constitute an 'intermediate form Please confirm our understanding that since the current packagings themselves are not strong tight packages they would not constitute an 'intermediate form of containment' that would negate shipping them inside a 'bulk packaging. Sincerely, E. KEVIN REILLY Director, Environmental Management AREA 703 767-6522#