United States Enrichment Corporation — Hazardous Materials Safety Interpretation

Page 1of Transportation U.S. Department JUL 27 2005 400 Seventh Street, S.W. Washington, D.C. 20590 Pipeline and Hazardous Materials Safety Administration Mr. Don McCarty Reference No.: 05-0115 Jnited States Enrichment Corporation Manager, Packaging and Transportatior P.O. Box 628 Piketon, OH 45661 Dear Mr. McCarty: This is in response to your April 28, 2005, letter requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) regarding the marking requirements for other than a DOT 7A Type A specification packaging and to Department of Energy (DOE) or Nuclear Regulatory Commission (NRC) certified Type B packagings used to transport radioactive materials and wastes. Specifically, you ask whether non-specification radioactive materials packages meeting the requirements in § 172.302 and other relevant sections of Subpart D are required to be marked with the United Nations identification number on an orange panel. The answer is yes. The general bulk package markings required by 49 CFR 172.302 (i.e. identification numbers on orange panels or placards, etc.) must be applied to all specification or non-specification packages of radioactive material when these packages are marked to meet 49 CFR 172.301, 172.310 and other relevant sections of Subpart D. I trust this information is helpful. Sincerely, Hallez. mitchell Hattie L. Mitchell Chief, Regulatory Review and Reinvention Office of Hazardous Materials Standards 172.302 172.310 050115#

Page 2webb $ 172.302 ~ USEC §172-310 A Global Energy Company Marking 05-0115 April 28, 2005 400 7" Street, S. W. Edward T. Mazzullo, Director DHM-10 Washington, DC 20590-0001 Dear Mr. Mazzullo: This letter is to request a clarification of the Hazardous Materials Regulation (HMR; 49 CFR Parts 171-180) regarding the marking requirements for other than a DOT 7A Type A specification packaging and to Department of Energy (DOE) or Nuclear Regulatory Commission (NRC) certified Type B packaging used to transport radioactive materials and wastes. Do all non-specification radioactive packages that meet the definitions in 49 CFR 172.302, and other relevant sections of Subpart D, have to be marked with the United Nations identification numbered orange panel? USEC is sighting the attached letter dated September 10, 2001, Reference No. 01- 0153. This letter speaks only to certified packages. My question includes, but is not limited to, waste boxes, 48X and 48Y cylinders, and cylinders shipped as waste or any other radioactive package that meets both the definition of a bulk package, 49 CFR 171.8 and a radioactive package. In 2001, the HMR was silent on how the packages are defined. Has this changed or will it change in the future to make the definition more easily understood? Thank you for your consideration of this letter and if you have any questions regarding my letter, please contact me at 740-897-2668. Thank You, Don Micat Don McCarty, Manager Packaging and Transportation DLM:ccb Attachment United States Enrichment Corporation Portsmouth Gaseous Diffusion Plant P.O. Box 628, Piketon, OH 45661#

Page 3ULS. Department Ressarch and of Transportation Washinx#on, D.C. 20580 400 Soventh St, 5.WC Spadial Programs Administration SEP 1 0 2001 Mr. J. Kent Harcock Acting Director, Office of Transportation Refereze No.: 01-0153 United Stares Department of Energy Office of Environmental Management Washington, DC 20590-0001 Dear Mr. Hancock: Materiais Regulations (HMIR; 49 CFR Parts 171-180) regarding the marking requirements for This is in response to your June 14, 2001, letter requesting clarification of the Hazardous Nuclear Regulatory Commission (NRC) certified Type B packagings used to transport shipmenis of DOT 7A Type A specification packaging aad to Dcpartment of Energy (0OE) or radioactive materials and wastes. Specifically, you ask whether DOE sites must apply the general bulk package markings required by 49 CFR 172.302 (i.c. identification numbers on orange panels ar placards, eta.) to Type A or Type B packages of radioactive material when. Subpart D. these packages: (a) aro marked to meet 49 CFR 172.301, 172.310 and other reloyant sections of The marking and labeling roquirements for these packages depend on wheter tbey are these packages are dofined. It has been this office position to define these packages as meeting construed to be bulk or non-bulk packagings. Currently, th HIMR is silent in regards to how packaging comaining a hazardous material shall be marked with the proper shipping name and the definition of a non-bulk packaging, Accondingly, § 172,301 staten that a non-bulk the identification nuraber. However, we would accept a package marked as prescribed for a bulk package. I trust this information is helpful. Sincerely, tatte z. mitchelp Hattie L. Mitchell Office of Hazardous Materials Standards Chief, Regulatory Revicw and Reinvotion#