U.S. Department of Energy — Hazardous Materials Safety Interpretation

Page 1of Transportation U.S. Department Washington, D.C. 20590 400 Seventh Street, S.W. lazardous Materials Safet ipeline anc Administration MAY 3 2005 Mr. Dennis Ashworth Ref. No. 05-0074 Office of Environmental Management U.S. Department of Energy 1000 Independence Ave., S.W. Washington, DC 20585 Dear Mr. Ashworth: This responds to your letter regarding specification packaging marking requirements you state that you purchase "off-the-shelf" packagings that are tested to various Type A under the Hazardous Materials Regulations (HMR; 49 CFR. Parts 171-180). Specifically, and UN standard performance requirements for Class 7 (radioactive material). You packagings because they do not know the specific material that will be contained in each packaging. You ask which persons may certify packagings if they have not been tested in the configuration to be shipped and whether the manufacturer's name and address or symbol must be placed in a specific sequence on Specification 7A, Type A packagings. If a packaging has not been tested in the configuration to which it will be used to transport a hazardous material, testing is required prior to shipment and may be performed by either the manufacturer or the user. If the user performs the required testing, the user must mark the packaging to indicate that it conforms to all applicable With respect to the correct sequence of the manufacturer's name and address or symbol on the packaging, the HMR (§ 173.2) do not specify a requirement for the sequence on a §/13.412 (i)z) § 178.350 050074#

Page 2Specification 7A, Type A packaging. A UN performance standard packaging, however, must be marked with the manufacturer's name and address or symbol following the country of manufacture, as specified in § 178.503(a) and (a) (8). I hope this information is helpful. If you need additional assistance, please do not hesitate to contact this office. Sincerely, Hotte a Mitchell Hattie L. Mitchell Chief, Regulatory Review and Reinvention Office of Hazardous Materials Standards#

Page 3MCTature Department of Energy 81734126113) Washington, DC 20585 STATES OF TE $178.350 March 7, 2005 Marking of lackaging Edward T. Mazzullo, DHM-10 05-0014 Director, Office of Hazardous Materials Standards Pipeline and Hazardous Material Safety Administrator U.S. Department of Transportation 400 7* Street, SW Washington, DC 20590-001 Attention: DHM-10 Dear Mr. Mazzullo: This letter is a request for clarification of the Department of Transportation (DCT) requirement of Title 49, Part 178.350 (c) concerning the "person" as it applies to the manufacturer of a Specification 7A, Type A packaging with regard to the marking of necessary information (name and address or registered symbol) on the outside of a Type A package. Within the Department of Energy complex, various types of Type A packagings are utilized. Many of those Type A packagings are off-the-shelf packagings for which fabricators have physically tested their packagings to both the Type A performance requirements for radioactive material packagings stipulated in 49 (CFF. 178.465 and the UN performance requirements for hazardous materials stipulated in 49 CFR 178.600. Though fabricators can certify their packagings do not leak after performing the required tests based on simulated contents, the fabricators cannot ensure conformance to the additional design requirement of 49 CFR: 173.412(j)(2) concerning the prevention of a significant increase in radiation levels after testing. This is primarily due to the fact that the fabricators do not have any knowledge of the radioactive contents that may be loaded into their full compliance with all of the additional design requirements of 49 CFR 173.412 packagings. Consequently, fabricators cannot certify that their packagings are in or all the requirements for Type A packagings cited in 49 CFR 178.350(a). Question 1: Is the manufacturer or fabricator of a Type A packaging able to only certify partial compliance? Or Can only the "person" that ensures full compliance of all Type A packaging requirements including 49 CFR 173.412(j)(2) apply the appropriate Specification 7A rnarkings on outside of the package? Printed with soy ink on recycled paper#

Page 42 In addition, we would like a clarification as to the specific location of the manufacturer's name and address or registered symbol marking on the outside of a Type A package. Question 2: Is it the intent of DOT to be consistent with the UN marking requirement whereby the ranufacturer's name and address or registered symbol immediately follows the appropriate sequence of markings? Thus, for a Type A package, the manufacturer's name and address or registered symbol would immediately follow "USA DOT TA TYPE A"? Your clarification of these issues would be greatly appreciated by the Department. If you need additional information, please contact me at (202) 586-8548 or Mr. Ashok Kapoor of my staff at (505) 845-4574, (e-mail: akapoor@)doeal.gov). Sincerely, Jennis Ashwort Director Office of Environmental Management Office of Transportation CC: F. Marcinowski, EM-10 R. Liddle, OTS, SC/NNSA Ashok Kapoor, SC/NNSA#