Oak Ridge National Laboratory — Hazardous Materials Safety Interpretation

Page 1U.S. Department of Transportation Washington, D.C. 20590 400 Seventh Street, S.W. Pipeline and Administration Hazardous Materials Safety MAY 18 2005 Mr. Mark Hawk Oak Ridge National Laboratory Ref No.: 05-0093 National Transportation Research Center, Rm. A14 2360 Cherahala Blvd Knoxvile, TN 37932 Dear Mr. Hawk: This responds to your June 4, 2004 letter and previous email correspondence with Jim Williams, Health Physicist, Office of Hazardous Materials Technology (DHM-20) requestirig clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-1801. Specifically, you ask for assistance in determining when the drop test specified in § 173.465(c) and the hypothetical accident condition test specified in § 173.467 are required for packages intended for Type A quantities of fissile, radioactive material (RAM). You request clarification of the regulations in effect prior to the final rule published on January 26", ", 2004 under Docket No. RSPA-99-6283 (HM-230), which became effective October 1, 2004. In your letter, you incorporated a list of conclusions that were based on your understanding of the testing requirements in §§ 173.455 (c) and 173.467 as they apply to fissile material packages authorized for use by § 173.417(a). The list of conclusions you provided in your letter has been summarized and revised below to accurately reflect the requirements of the HMR in effect prior to October 1, 2004: 49 CFR 173.417(a)(1) - For a DOT Specification 6L: The free drop test specified in § 173.465(c) does not apply. 49 CFR 173.417(a)(2) - For a DOT Specification 6M: The free drop test specified in § 173.465(c) does not apply. meet the mila rop est requirements for isle materi spent eackage must § 173.465(c)(2). • 143. 465 C)e) 050093 173.467#

Page 249 CFR 173.417(a)(5) - For any other Type A or Type B, Type B(U), or Type B(M) packaging that are foreign made and for which the US Competent The free drop test specified in § 173.465(c) does not apply. However, these Authority has revalidated the foreign competent authority certificate: applicable requirements of the International Atomic Energy Agency "Regulations packagings must comply with the requirements of the country of origin and (incorporated by reference, see § 171.7). for the Safe Transport of Radioactive Materials, Safety Series No. 6," applicable packaging testing requirements of Part 178, Subpart M at the 49 CFR 173.417(a)(6) - For a 55-gallon 1A2 steel drum, meeting the packing group i performance level; and meeting the eight (8) conditions of appropriate primary, inner containment meeting the Type A provisions of § 173.417(a)(6), including 49 CFR 173.417(a)(6)(v) that requires an 49 CFR 178.350: The Type A inner packaging must satisfy the requirements of the free drop test specified in § 173.465(c)(2). specified in § 173.465(c) and the initial drop test requirements for fissile material Section 173.467 requires packaging for fissile material to meet the hypothetical accident condition test requirements prescribed by the Nuclear Regulatory Commission (NRC) in 10 CFR part 71. The applicability of the hypothetical accident condition test to the packagings listed above must be determined in accordance with 10 CFR part 71. Requests for guidance on 10 CFR part 71 should be addressed to the NR.C. Note that, the DOT specification 6L, 6M and 1A2 packagings referenced in this letter are only authorized to be used for fissile material through October 1, 2008 (§ 173.417). Also, in your letter you state that §§ 173.465(c)(3) and and (c)(4) allow the use of separate specimens for the corner drop test. That statement is incorrect. The regulations actually require tnat you "must" use separate specimens for the corner drop test specified in §§ 173.465 (c)(3) and (c)(4). I hope this information is helpful. Please contact us if you require additional assistance. Sincerely, John A Gal Chief, Standards Development Office of Hazardous Materials Standards#

Page 3Page 1 of 2 Williams, James <PHMSA> From: Hawk, Mark B. [hawkmb@ornl.gov] Sent: Thursday, April 14,20054:16 PM Erchenlaub To: Williams, James <PHMSA> Subject: FW: Fissile Drop Testing for Type A Quantities of RAM $173.465 (J€) 3/73.467 -----Original Message----- OF tings From: Hawk, Mark B. Sent: Friday, June 04, 2004 8:51 AM To: "james.williarn@rspa.dot.gov' Subject: FW: Fissile Drop Testing for Type A Quantities of RAM Jim: Type A quantities of fissile, radioactive material (RAM), and the difference between the NRC requirements and Thanks for your assistance in determining when the fissile drop testing of 49 CFR 173.465(c)(2) is required for are any inaccuracies in my summary. DOT requirements. Below is my summary of our discussions concerning this matter. Please let me know if there Originally I contacted you to determine when the DOT 49 CFR 173.465(c)(2) fissile drop testing is required for per 10 CFR 71.71 (c)(8), called a "Corner drop", is not consistent with the DOT Type A packaging tests described packagings with Type A quantities of fissile RAM. During our discussions, it appeared that the NRC requirement concluded that the DOT 49CFR173.465(c)(2) fissile drop testing is a precondition test that is performed prior to in 49 CFR 173.465(c)(2). You contacted NRC to determine their opinion. The results of your discussion with NRC condition tests of 10 CFR 71.71(c) "Conditions and tests" and the sequencing of this test is not addressed. the normal free drop test of 49 CFR 173.465(c)(1). The 10 CFR 71.71(c)(8) "Corner drop" is one of the normal or fissile material rectangular packages not exceeding 50 kg (110 lbs.), and fiberboard, wood, or fissile material In addition, the NRC 10 CFR 71.71(c)(8) "Corner drop" is limited to, or only applies to, specific fiberboard, wood, fissile packages (i.e., 55-gallon, steel drums). DOT 49 CFR 173.465(c)(3) and (4) does allow for separate cylindrical packages not exceeding 100 kg (220 Ibs). Where as, the DOT 49 CFR 173.465(c)(2) test applies to all 100 kg (220 Ibs) or less. rectangular packages with a mass of 50 kg (110 Ibs.) or less, or cylindrical fiberboard packages with a mass of (c)(8) "Corner drop", we can use the list of "Authorized fissile materials packages" for Type A quantities of fissile In determining when the DOT 49 CFR 173.465(c)(2) fissile drop testing is required versus the NRC 10 CFR 71.71 materials per DOT 49 CFR 173.417(a). It is my understanding that the following is appropriate as addressed in the current regulations (not HM-230): • 49 CFR 173.417(a)(1) - For a DOT Specification 6L - neither test is applicable as the DOT Specification 6L can be used "as is" for Type A quantifies of fissile RAM • 49 CFR 173.417(a)(2) - For a DOT Specification 6M - neither test is applicable as the DOT Specification 6M can be used "as is" for Type A quantifies of fissile RAM approval process and package testing requirements of 10 CFR71 Subparts E and F, respectively. (No hypothetical accident tests need to be performed.) • 49 CFR 173.417(a)(4) - For any other Type A or Type B, Type B(U), or Type B(M) packaging for fissile Class 7 (radioactive) materials that also meets the applicable standards for fissile materials in 10 CFR Part 4/14/2005#

Page 4Page 2 of 2 packaging approval process and package testing requirements of 10 CFR 71 Subparts E and F, 71, the NRC 10 CFR 71.71(c)(8) "Corner drop" would apply as these packages are subject to the respectively. (Both the normal condition and hypothetical tests need to be performed.) • 49 CFR 173.417(a)(5) - For any other Type A or Type B, Type B(U), or Type B(M) packaging that are foreign made and for which the US Competent Authority has revalidated the foreign competent authority certificate, neither DOT or NRC test is applicable. • 49 CFR 173.417(a)(6) - For a 55-gallon 1A2 steel drum meeting the eight (8) provisions of this section, Type A provisions of 49 CFR 178.350, the DOT 49 CFR 173.465(c)(2) fissile drops apply only to the inner including 49 CFR 173.417(a)(6)(v) that requires an appropriate primary, inner containment meeting the Type A packages. (No hypothetical accident tests need to be performed.) please advise accordingly. I appreciate your persistence in obtaining this information. If any corrections to the above need to be made, Sincerely! Mark Hawk Phone: 865-946-1275 Oak Ridge National Laboratory Fax: 865-946-1279 4/14/2005#