Navarro Research and Engineering, Inc. — Hazardous Materials Safety Interpretation

Page 1U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration 1200 New Jersey Avenue SE Washington. DC 20590 APR 0 2 2012 David Wilson Packaging and Transportation Project Manager Navarro Research and Engineering, Inc. 669 Emory Valley Road Oak Ridge, TN 37830 Reference No.: 11-0302 Dear Mr. Wilson: This is in response to your November 17, 2011 letter requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) as they pertain to the reuse and reconditioning provisions of§ 173.28. Specifically you ask if the reuse and reconditioning provisions of§ 173.28 are applicable to Type B(U), Type B(M), and fissile material packagings. The answer to your question is yes. Subpart I of part 173 describes the shippers general requirements for Class 7 (radioactive) materials. General design requirements are discussed in§ 173.410. The introductory text to§ 173.410 states that each package used for the shipment of Class 7 materials must be designed to the requirements of this section, as well as meet the requirements of subparts A and B of this part. The section you reference, § 173.28 is found in subpart B of part 173, and thus the reuse and reconditioning provisions found in § 173.28 apply to shipments of Type B(U), Type B(M), or fissile packagings. I hope this satisfies your inquiry. Please contact us if we can be of further assistance. Sincerely, R!:t!!4fo· Senior Regulatory Advisor Standards and Rulemaking Division#

Page 2VJdjb ~ t73~Z-S Re.U.=>CJ li-Oc3D2 NAVARRO Research and Engineering, Inc. NRE-PE-11-0133 November 17, 2011 Page 1 of 1 Office of Hazardous Materials Standards Pipeline and Hazardous Materials Safety Administration Attn: PHH-10 U.S. Department of Transportation East Building 1200 New Jersey Avenue, SE Washington, DC 20590-0001 CLARIFICATION OF PACKAGING REUSE AND RECONDITIONING REQUIREMENTS In support of transportation related activities associated with Class 7 (radioactive) materials under the Hazardous Materials Regulations (49 CFR Parts 171-180), we request clarification of the reuse and reconditioning provisions of 49 CFR 173.28 applicable to Type B(U), Type B(M), and fissile material packagings, which meet the applicable requirements of 49 CFR, Subpart I and have been evaluated, approved, and certified for use in accordance with 10 CFR Part 71. More specifically, to what extent, if any, are the requirements of 49 CFR 173.28 applicable to Type B(U), Type B(M), and fissile material packagings? If you have any questions or need additional information, please feel free to contact me. Thank you for your assistance. Respectively submitted, David A. Wilson Packaging and Transportation Project Manager Navarro Research and Engineering, Inc. 669 Emory Valley Road Oak Ridge, TN 37830 (865) 220-9650 c: Navarro Project File 669 Emory Valley Road, Oak Ridge, TN 37830 865-220-9650 + www.navarro-inc.com + 865-220-9651 Fax#