PPL Susquehanna, LLC — Hazardous Materials Safety Interpretation

Page 1U.S. Department of Transportation 400 Seventh St., S.W. Washington, D.C. 20590 Special Programs Research and OCT 15 2004 Administration Mr. Michael Micca Ref. No.: 04-0222 769 Salem Blvd. PPL Susquehanna, LLC Berwick, PA 18655 Dear Mr. Micca: This is in response to your September 23, 2004 letter requesting clarification regarding the marking requirements for empty Class 7 radioactive materials packaging under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). In your scenario, you describe your packaging as one that meets the "empty" requirements for radioactive materials as specified in § 173.428. This section was modified under Docket HM-230 (69 FR 3632; January 26, 2004), effective October 1, 2004. Specifically, you ask if you need to remove, cover, or obliterate both the hazard communication markings (Part 172, Subpart E) and the specification package marking ("USA DOT 7A Type A") on your package to remain in compliance with § 173.428. Based on the information provided, if the package is prepared in accordance with § 173.428 (that is, it meets the packaging, definition, and EMPTY labeling requirements specified in that section), then all other hazard communication markings required by the HMR for this material should be removed or covered during transportation. However, § 173.428 requires the identification number for the material to remain on the packaging as specified under § 173.422(a). In addition, the specification marking "USA DOT 7A Type A," as required under § 178.350(b) should remain on the packaging, unless, for some reason, the packaging no longer conforms to the Part 178 specification requirements. I hope this information is helpful. Please contact us if you require additional assistance. Sincerely. Hotte mither Hattie Mitchell Office of Hazardous Materials Standards Chief, Regulatory Review and Reinvention 040222 173.428#

Page 2INFOCNTR From: To: Sent: Thursday, September 23, 2004 2:56 PM mcmicca@pplweb.com Satterthwaite Subject: Information Center Comments/Questions INFOCNTR <RSPA> $173.428 Empty Package Below is the result of your feedback form. It was submitted by 04-0222 Michael C. Micca (mcmicca@pplweb.com) on Thursday, September 23, 2004 at 14:55:52. Email: mcmicca@pplweb.com Name: Michael C. Micca Communications Category: Hazardous Materials Table, Special Provisions, Hazardous Materials Organization: PPL Susquehanna, LLC Street: 769 Salem Boulevard City: Berwick State: Pennsylvania Zip Code: 18655 Phone: (570) 542-1790 Fax: (570) 542-1857 marking requirements for a container that was previously used, and therefore, marked, as Comments: I am looking for a formal response (letter of interpretation) concerning the 2004. 49CFR173.422 and 49CFR173.428 require an TYPE A packaging. The question pertains to the regulations in effect as of October 1, EMPTY label and marked with the four digit UN ID number (UN2908). empty packaging to be labeled with the specifically state that any labels previously applied must be removed, These regulations The regulations do not mention removing, obliterating, or For a package that was previously shipped as a TYPE A package and will be covering any markings shipped as an EMPTY package in accordance with 49CFR173, what markings, if any, must be#