BAE Systems — Hazardous Materials Safety Interpretation

Page 1f Transportatio .s. Deparmer 400 Seventh St., S.W. Washington, D.C. 20590 Special Programs Research and Administration AUG 16 2002 Mr. Michael S. Krupka Reference No. 02-0173 Senior I.H. Specialist BAE Systems P.O. Box 0868, M/S MER12-1506 Nashua, NH 03061-0868 Dear Mr. Krupka: ...: This is in response to your letter dated June 6, 2002 requesting clarification of the requirements 'in § 173.403, under the Hazardous Materials Regulations. (HMR; 49 CFR parts 171-180). Specifically, you ask whether your devices meet the defining criteria for "Radioactive instruments and articles". You state that specifically manufactured bolts contain a sealed 4 uCi Am-241 foil source. Also, you state that the bolts function as static-elimination devices within a Light Detection and Ranging (LIDAR) system or a laser targeting pod used to guide ordinance systems. Based on the information you provided, it is our opinion that your material would meet the definition of "Radioactive instrument or article" as defined in § 173.403 of the HMR. Should you have further questions, please contact this office. I hope this satisfies your request. Sincerely, Hotte e mithell Hattie L. Mitchell Chief, Regulatory Review and Reinvention Office of Hazardous Materials Standards 173.403 020173#

Page 2: BAE SYSTEMS Betts $173.403 June 6, 2002 Definition Edward Mazzullo, Director Office of Hazardous Materials Standards, DHM-10 02-0173 U.S. Department of Transportation 400 Seventh Street SW Washington, DC 20590-0001 Re: Radioactive articles and instruments Dear Mr. Mazzullo : i Pam writing to request your assistance relative to the application of 49 CFR173.403 (Definitions) as it relates to Madioactive instruments and articres??... BAE SYSTEMS obtains bolts that were specifically manufactured to contain a sealed 4 uCi Am-241 foil source. These bolts function as static-elimination devices within a Light Detection and Ranging (LIDAR) system or a laser targeting pod used to guide ordnance systems. The enclosed drawings show an illustration of the 4 uCi Am-241 source assembly i.e. Static Eliminator (first attachment); the cross-sectional views of the source holder (second attachment); and the protective screen (third attachment). :9030 Given the definition as stated in the aforementioned reference, I would characterize these devices as an instrument or article. In an effort to ensure proper characterization of these items, I would appreciate your comments and categorization for concurrence or other designation relative to these anti-static devices. Also, if you need any additional information, please call me at (603) 885-9108. Sincerely, michace A. Клире. ...... 490:0: Michael S. Krupka Sr. EH. Specialist ::". 1009: : 02. Infórmation and Electronic Wartare Systems (130 DW Highway No., Merrimack) P.O. Box 0868, Nashua, NH 03061-0868 Telephone 603-885-9108 Fax 603-885-6415. Mail Stop MER12-1506 :00 p:095*#