Science Applications International Corporation — Hazardous Materials Safety Interpretation

Page 1U.S. Department Research and of Transportation JUN 4 2002 400 Seventh St., S.W. Washington, D.C. 20590 special Programs Administration Mr. James R. Price Senior Environmental Compliance Reference No.: 02-0116 & Health and Safety Officer Science Applications International Corporation 10260 Campus Point Drive M/S B2-M San Diego, CA 92121 Dear Mr. Price: This is in response to your letter requesting clarification of the shipping paper and contamination control requirements for radioactive materials under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). Your company operates Mobile Vehicle and Cargo Inspection Systems VACIS) to inspect the contents of truck evices and in cent thand. bash Mobile Antiner, care and passenger vehicles for explosiv gauge device (Type A package) containing either a 59 Gbq Cesium-137 or 37 Gibq Cobalt-60 radioactive material sealed source. Your questions are paraphrased and answered as follows: Q1. Science Applications International Corporation (SAIC) prepares a shipping paper when the Mobile VACIS first enters a public highway. Can the same shipping paper remain another vehicle? with the vehicle for its lifetime or until the Type A package is reshipped or transferred to A1. The answer is yes. The same shipping paper may remain with the Mobile VACIS for its lifetime provided the content (including quantity) of the Type A package remains the same or the Type A package is reshipped or transferred to another vehicle. Q2. Section 173.443(a) requires a determination of the level of non-fixed radioactive to putting the vehicle into service on a public highway. SAIC would perform subsequent contamination. SAIC interprets this to mean that a wipe survey must be performed prior wipe surveys in accordance with the requirements of its Device Registry which requires leak testing prior to initial use and at intervals not to exceed 12 months. The techniques used would be capable of detecting 185 Bq of removable contamination. Additional contamination surveys would not be required each time the truck is driven on a public highway. Would our procedures satisfy the requirements of the HMR? 173.443 020116#

Page 2A2. Section 173.443(a) requires the level of non-fixed (removable) radioactive contamination on the external surfaces of a package offered for transportation to be kept as low as reasonably achievable. The HMR require that the non-fixed radiation contamination not exceed the limits set forth in Table 11 and authorize the use of a wipe survey or other assessment method to check for non-fixed radioactive contamination. The HMR do not prescribe surveys at scheduled intervals. However, the shipper should have an assessment methodology in place to ensure compliance whenever the material is in transport. I hope this information is helpful. If you have further questions, please do not hesitate to contact this office. Sincerely, Hottle d. Mikhes Hattie L. Mitchell Chief, Regulatory Review and Reinvention Office of Hazardous Materials Standards#

Page 3Apr-17-2002 03:32pm From-SAIC 858B269009 T-621 P. 002/004 F-624 Corbin AlE. §172.200 Science Applications International Corporation An Employoo-Owned Company $173.443 (a) Shipping Papers RAM Iransmitted Via Facsimile April 17, 2002 Mr. Edward T. Mazzullo Director, Office of Hazardous Material Standards 02-0116 U.S. DOT/RSPA (DHM-10) 400 7T ST. SW Washington DC 20590-0001 Re: Request for Regulatory Interpretation Dear Mr. Mazzullo: Science Applications International Corporation (SAIC) appreciares your assistance in helping us Vehicle and Cargo Inspection System (Mobile VACIS) product. clarify the applicability of the UJ.S. DOT Hazardous Material Regulations (HMRs) to our Mobile Mobile VACIS is a truck-mounted gamma-ray imaging system (see picture attached) designed to non-intrusively inspect the contents of mucks, containers, cargo and passenger vehicles for explosive devices and/or contraband. Operators viewing Mobile VACIS radiographic images of transportation of explosives, weapons and other threats. To accomplish this, each Mobile VACIS scanned cargo are able to quickly and easily identify hidden compartments associated with the is equipped with a semi-permanently mounted gauge device (Type A package) containing either a 59 GBg Cesium-137, or a 37 GBq Cobolt-60, radioactive material sealed source. The vehicle of Radioactive Sealed Sources and Devices, Safety Evaluation of Device" (Device Registry; No.: with source does not require a hazardous material placard. The Mobile VACIS holds a "Registry CA0215D103S for the Cs-157 unit and CA021SD107S for the Co-60) issued by the California licensees. Mobile VACIS customers presently include various U.S. government agencies (U.S. Department of Health Services, as a U.S. NRC Agreement State, and is distribured to specific Customs operates several dozen systems) and other non-govemmental parties. Subpart C of 49 CFR Part 172 requires each person who offers a hazardous material for ransportation to describe the hazardous material on a shipping paper. SAIC has nterprered this requirement, as it relates to the use of the Mobile VACIS in commerce, a 16707 West Bernardo Drive, San Diego, CA 92127#

Page 4Apr-17-2002 09:32pm From-SAIC 8588269009 T-621 P.003/004 F-624 Mr. Edward T. Mazzullo April 17, 2002 Page 2 nore Tical, he she package was to hop bed or mandered tom ne camiet ruck was driven over a public highway 2. 49 CFR 173.443(a) requires, in part, a determination of the level of non-fixed radioactive contamination by performing a wipe survey on the external surfaces of each package offered for transport. SAIC has interpreted this requirement, as it relates to the use of the over a public highway. Your timely assistance in this maner is greatly appreciated. If you have any questions with regard to the issues addressed in this lener, please don't hesitate to contact our technical representative, Linda Bray at (858) 826-9664, or the undersigned at (858) 826-4359. Sincerely, CIENCE APPLICATIONS INTERNATIONAL CORPORATION Senior Environmental Compliance JAMES R. PRICE & Health and Safety Officer Anachment#

Page 5Apr-17-2002 03:32pm From-SAIC 8588269009 T-621 P.004/004 F-624 Paop 1 nf 1 DeLE MOD#