United States Department of Energy — Hazardous Materials Safety Interpretation

Page 1S. Departme Transportatic Washington, D.C. 20590 400 Seventh Street, S.W. Pipeline and Administration Hazardous Materials Safety JAN 17 2006 Mr. Dennis Ashworth Ref. No. 05-0254 Director Office of Transportation Office of Environmental Management United States Department of Energy 1000 Independence Ave S.W. Washington, DC 20585 Dear Mr. Ashworth: This is in response to your September 23, 2005 letter requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) regarding the applicability of fissile material exceptions. Specifically, you request clarification of the language of the exception and the wording proposed by the U.S. delegation at the recent fissile material exception provisions in § 173.453 (f) of the HMR. You cite the existing International Atomic Energy Agency's (IAEA) Transport Safety Standards Committee (TRANSSC) meeting for inclusion in the international regulations as follows: • 49 CFR 173.453(f): "Packages containing, individually, a total plutonium mass of not more than 1000 grams, of which not more than 20 percent by mass may consist of plutonium-239, plutonium-241, or any combination of these radionuclides." • Proposed IAEA wording: "Packages containing no more than 20% of fissile nuclides by mass up to a maximum of 1 kg of plutonium per consignment" The intent of § 173.453(f) is to allow shipments of plutonium (not uranium) as fissile- (in a total mass less than 1 kg) and the large number of Pu-238 sources being shipped. The new wording was proposed at the recent TRANSSC meeting to clarify that, as long as the total quantity of fissile nuclides (plutonium or uraniur) is less than 20% of the total plutonium mass, the shipment can be excepted. Note, however, that this exception is still intended for shipments of plutonium with certain characteristics (limited quantity 173.457 050254 173.459#

Page 2of fissile nuclides); this exception is NOT intended to allow shipment of large quantities of uranium with "some" plutonium included I hope this information is helpful. Please contact us if you require additional assistance Sincerely, Shic, Standards Development#

Page 3Relerford Department of Energy 3173.4457 Washington, DC 20585 §173.459 ETES OF AN RAM September 23, 2005 05-0254 Mr. Edward T. Mazzullo, PHH-10 Director, Office of Hazardous Materials Standards Pipeline and Hazardous Materials Safety Administration U.S. Department of Transportation Attention: DHM-10 400 7* Street SW, Washington, D.C. 20590-0001 Dear Mr. Mazzullo: The purpose of this letter is to request an interpretation of the Department of Transportation (DOT) Fissile Materials Exceptions requirements as mentioned in the Title 49, Part 173.453. 49 CFR Part 173: Fissile materials meeting the requirements of at least one of the paragraphs (a) through (f) of this section are excepted from the requirements of this subpart for fissile materials, including the requirements of 173.457 and 173.459, but are subject to all other requirements of this subpart, except as noted. (a)...(e).. (f) Packages containing, individually, a total plutonium mass of not more than plutonium-239, plutonium-241, or any combination of these radionuclides. 1000 grams, of which not more than 20 percent by mass may consist of We seek clarification of the language in the subsection (f) to prevent misclassification of packages containing plutonium and other fissile nuclides. Recently, the Department of Energy's (DOE) Office of Transportation along with International Atomic Energy Agency's Transport Safety Standards Committee DOT and the Nuclear Regulatory Commission (NRC) participated in the (TRANSSC) meeting held in Vienna, Austria, from September 5-9, 2005. The Delegation on fissile exceptions related to packages containing a total plutonium TRANSSC accepted the following revised language by the United States mass of 1 kilogram. (f) Plutonium containing no more than 20% of fissile nuclides by mass up to a maximum of 1 kg of plutonium per consignment. By changing to "fissile nuclide", the presence of fissile uranium is adequately considered regardless of whether it is present as a separate isotope or decay#

Page 42 product of uranium. Since DOE is a major shipper of radioactive materials, your early consideration of the proposed language change would be greatly appreciated by DOE. If you need additional information, please contact me at (202) 586-8548, or Mr. Ashok Kapoor of my staff at (202) 586-8307, (e-mail: ashok.kapoor@hq.doe.gov). Sincerely, Or Chinch Dennis Ashworth Director Office of Transportation Office of Environmental Management cc: Frank Marcinowski, EM-10 Ashok Kapoor, EM-11#