Chem-Nuclear Systems — Hazardous Materials Safety Interpretation

Page 1S. Departmer Transportatio 400 Seventh Street, S.W. Washington, D.C 20590 Research and Special Programs Administration NOV 26 1999 Mr. Kevin M. Lee Reference No. 99-0143 Licensing Engineer Chem-Nuclear Systems 740 Osborn Road Barnwell, SC 29812 Dear Mr. Lee: This is in response to your May 26, 1999 letter and June 23, 1999 telephone conversation with Mr. Wendell Carriker and Ms. Eileen Mack of the Office of Hazardous Materials Safety. You asked whether an orange panel marking must be removed or covered on a bulk DOT TA-Type A package, with a polyethylene liner, that contains residue of "Radioactive material, LSA, n.o.s., 7, UN 2912" or "Radioactive material, n.o.s., 7, UN 2982." You stated the package is empty and transported in accordance with § 173.428 of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). Based on the information you provided, if the package is prepared in accordance with § 173.428 (that is; it meets the packaging, definition, and EMPTY labeling requirements specified in that section), then the orange panel and other markings required by the HMR for this material must be removed or covered during transportation. Furthermore, under § 173.428, the shipper is excepted from having to provide a shipping paper and shipper's certification. For your information, please note that the requirements in § 173.422(b) pertaining to training, incident and decontamination reporting would apply. I hope this satisfies your request. Sincerely, Hathe z. Mitchell Hattie L. Mitchell, Chief Regulatory Review and Reinvention Office of Hazardous Materials Standards 990143 173,425#

Page 21: ® CHEM-NUCLEAR SYSTEMS Mack 740 Osborn Road • Barnwell, South Carolina 29812 8173.428 99-0143 LC-395-99-KML May 26, 1999 RSPA Office of Hazardous Materials Standards (DHM-10) U.S. Department of Transportation 400 Seventh Street, SW Washington, DC 20590-0001 Dear Sir/Madam: I am requesting a written clarification pertaining to the display of orange panels and other markings required on bulk packages containing hazardous materials. We commonly receive packages containing "Radioactive Material, LSA, n.o.s., 7, UN2912 or Radioactive Material, n.o.s., 7, UN2982 which have "2912" or "2982" displayed on orange canels as appropriate. We then empty these packages of their contents and ship them back as remove, obliterate, or cover any labels previously applied to the package. It does not require the empty packages in accordance with 49 CFR 173.428, which specifically states that you must same for any of the previously applied markings. The package still contains the residue of the material identified by the orange panel or any other markings required by 49 CFR 172 Subpart D. Is it appropriate to display the orange panels and/or other markings previously applied to the package when it is shipped as an empty package according to 49 CFR 173.428? If you have any questions, please do not hesitate to contact me at (803) 541-5012. Thank you for your assistance. Sincerely, Chem-Nuclear Systems, LLC Sion te Kevin M. Lee Licensing Engineer (803) 259-1781 * Printed on recycled pi#