RWE NUKEM Corporation — Hazardous Materials Safety Interpretation

Page 1U.S. Department of Transportation 400 Seventh Street, S.W. JUN 29 2005 Washington, D.C. 20590 Pipeline and Administration Hazardous Materials Safety Mr. Stanley M. Hodges, Jr. Ref. No.: 05-0151 Senior Project Manager 3800 Fernandina Road Suite 200 RWE NUKEM Corporation Columbia SC, 29210-3854 Dear Mr. Hodges: This is in response to your June 22, 2005 letter regarding multi-page shipping papers under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). Your questions are paraphrased and answered as follows: l of 1"? Q1. Must a one page shipping paper bear the notation "Page A1. No. In accordance with § 172.201(c), the first page of a multi-page shipping paper must bear a notation specifying the total number of pages. single page shipping papers are not subject to this requirement. Q2. Are page numbers required on documents that must be provided "with" shipping papers? A2. No. When the HMR require information be "on" a shipping paper and the information necessitates a continuation page, § 172.201 (c) applies. When the HMR require information to be "with" a shipping paper or be provided in a document "other than a shipping paper" exclusive use instructions or emergency response additional documents. information), page numbers are not required on the Q3. If emergency response information is provided in an attachment to a shipping paper must it be numbered? A3. See A2. Q4. If a shipping paper makes reference to attached documents must the attached documents be numbered? 172.602 (b 050151 173.427#

Page 2No. Attached documents, even when required under the HMR, are not part of the shipping paper and are therefore subject to § 172.201 (c) . I hope this information is helpful. If you have further questions, please do not hesitate to contact this office. Sincerely, Haile a Nitilell Hattie L. Mitchell Chief, Regulatory Review and Reinvention Office of Hazardous Materials Standards#

Page 3Pollack $172.602(b) $173.427(a)c)(v) Shipping Papers RAM RWE 05-0151 June 22, 2005 Mr. Edward T. Mazzullo Director, Office of Hazardous Materials Standards U.S. DOT/PHMSA (PHH-10) 0 7th Street S.1 ashington, D.C. 20590-00 Subject: Shipments Page Numbering Requirements for Shipping Papers for Radioactive References: Title 49 CFR 172.201(c) Continuation page Title 49 CFR 173.427 "Transport requirements for low specific activity (SCO)" (LSA) Class 7 (radioactive) materials and surface contaminated objects Title 49 CFR 172.602 Emergency response information Dear Mr. Mazzullo: numbered for Radioactive ISA or SCO shipments that are consigned as exclusive use. This letter is being written to you to request how shipping papers should be page Background 172.602(b): Provided below are excerpts from 49 CFR 172.201(c), 49 CFR 173.427(6)(iv) and 49 CFR. 172.201(c) 173.427(a)(6)(iv) 172.602(b) paragraph (a) of this section must be: Form of information. The information required for a hazardous material by RWE NUKEM Corporation (1) Printed legibly in English; (2) Available for use away from the package containing the hazardous 3800 Fernandina Rd Ste 200 (3) Presented material; and columbia SC. 29210-3854 T 803-214-5800 F 801-214-5801 (ii) In a document, other than a shipping paper, that includes both the I www.rwe.nukem.com required by §$ 172.202 and 172.203(k), the ICAO Technical basic description and technical name of the hazardous material as E info@renucem.com and the emergency response information required by this subpart (e.g., Instructions, the IMDG Code, or the TDG Regulations, as appropriate a material safety data sheet); Mission Statement: include attachments to the bill of lading such as the exclusive use instructions (if the RWE NUKEM typically ships radioactive material utilizing a straight bill of lading anc coste fecowe ruboartive waste To provide safe, complient, and management scletors throngin shipment is being shipped as exclusive use), the applicable ERG guide and a radiological prove technologies. the woretire apolcotton of#

Page 4Page 2 of 2 June 22, 2005 Subject: Page Numbering Requirements for Shipping Papers of Radioactive Shipments Letter to Mr. Edward Mazzullo RIWE survey of the package/conveyance. We typically refer to these attachments on the bill of lading. We have typically numbered the pages starting with Page 1 of X (where X is the total number of pages including the attachments) through Page X of X. Title 49 CFR 172.201(c) denotes that continuation pages should be page numbered based on the methodology radiological survey are considered to be included "in" the shipping papers. It is also unclear when reviewing hat we have typically used, but it is unclear whether or not the exclusive use instructions, ERG guide an this section if the straight bill of lading would have to be page numbered at all if the shipping paper is only one page. Question #1 - Do we need to page number a shipping paper as "Page 1 of 1" if the shipping paper is only one page? shipping paper information [please note that it does not denote "in" the shipping papers as delineated in 49 Title 49 CFR 173.427(a)(6)(iv) denotes that the exclusive use instructions must be included "with" the required to be page numbered as continuation pages along with the straight bill of lading or are they excluded from the page numbering requirement since this section denotes "with" and not "in"? shipping paper [not "in" the shipping papers as delineated in 49 CFR 172.201(c)]. Also, Title 49 CFR Also, Title 49 CFR 172.602(b)(3)(i) denotes that the emergency response information must be presented "on" a shipping papers should be page numbered per 49 CFR 172.201(c). Question #3 - If an ERG guide is 172.602(b)(3)(ii) is unclear about whether the ERG guide pages that we include as an attachment to the included as an attachment to the shipping paper(s) (i.e. the straight bill of lading), is it required to be page numbered as a continuation page since it must be included "on" the shipping papers or can it be excluded from page numbering_ requirements based on the provision of Section 49 CFR 172.602(b)(3)(ii)? Question #4 - If specific attachments are called out on the straight bill of lading (i.e. shipping paper), do CFR 201(c)? the attachments (e.g. radiological survey) require to be page numbered as continuation pages per 49 the page numbering requirements for the shipping papers), continuation pages and attachments. Should you RWE NUKEM would like to thank you in advance for your response to these questions and the clarification of have any questions, please do not hesitate to contact me at 803-214-5848. Sincerely, Stanley M. Hodges, Jr. Sr. Project Manager CC: Mr. Jim Williams (James.williams@dot.gov) - DOT OHMT PHH-23 - Radioactive Materials#