Lockheed Martin Aeronautics Company — Hazardous Materials Safety Interpretation

Page 1of Transportation U.S. Department 400 Seventh Street, S.W. Washington, D.C. 20590 Pipeline and Administration Hazardous Materials Safety AUG 8 2006 Mr. Michael S. Fiddes Ref. No. 06-0127 Environmental, Safety & Health Integration Lockheed Martin Aeronautics Company P.O. Box 748, Mail Zone 6876 Fort Worth, TX 76101-0748 Dear Mr. Fiddes: International Civil Aviation Organization Technical Instructions for the Safe Transport of This responds to your May 16, 2006 letter requesting clarification on the use of the Dangerous Goods by Air. Specifically, you ask if the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) authorize use of the "Radioactive Material, Excepted Package" label for motor vehicle or highway-only transportation. Section 171.11 of the HMR authorizes the use of the ICAO Technical Instructions for transportation by air and by motor vehicle either before or after transportation by aircraft when the hazardous material is packaged, marked, labeled, described and certified on a shipping paper and otherwise in condition for shipment as required by the ICAO Technical Instructions. Based on §172.401(c)(3), the "Radioactive Material, Excepted Package" label required under the ICAO Technical Instructions is not prohibited under the HMR and would be acceptable for use under the provisions of §171.11 for motor vehicle transportation either before or after being transported by aircraft, as well as highway-only shipment that does not involve transportation by aircraft. I hope this answers your inquiry. Sincerely, Chief, Standards Dorclopmen Office of Hazardous Materials Standards 111.11 060127 172.401()3)#

Page 2Lockheed Martin Aeronautics Company Michael S. Fiddes P.O. Box 748, Mail Zone 6876 May 16, 2006 Fort Worth, TX 76101-0748 Boothe Office Of Hazardous Material Standards Director Edward T. Mazzullo (PHH-10) 5172.4016(3) Pipeline & Hazardous Materials Safety Administration U.S. Department Of Transportation Labeiing 400 7" Street SW Room 8430 Washington, D.C. 20590-0001 360-0/27 Dear Sir, Instruments." Typically the goods so classified are aircraft targeting pods containing Am-241, sealed source, not Our company receives and ships goods which are properly described as "Radioactive Material, Excepted Package- greater than 5 micro curies/source, not greater than 10 micro curies/device. Sometimes these pods are shipped by regulations do not expressly authorize this label other than, pursuant to 49 CFR 171.11, for highway transportation for applicable air shipments. This label becomes mandatory on January 1, 2007 for applicable air shipments. DOT DOT to adopt this handling label for domestic highway transportation. incident to air transportation. It would be desirable for harmonization with international regulations for the U.S. • There is no DOT hazard or handling label applicable to shipment of 'Radioactive Material, Excepted Package- Instruments' UN2911 when shipped exclusively by ground. The presence of this label on applicable containers would be of benefit to facilitate the proper identification, handling, and storage of these items by receiving and increase transportation safety if these labels could be applied to applicable packages regardless of air or highway warehousing personnel. It would also simplify compliance for packaging and shipping personnel and therefore mode of transportation. We would, therefore, like to be able to use these labels for these pods or other similarly classified goods regardless of whether the pod is being shipped by air or exclusively by highway. since the label does accurately represent the material hazard and the format of the ICAO label does not conflict win We believe that use of the ICAO label for highway-only shipments should not be prohibited under 49 CFR 172.401 or cause confusion with other hazard or handling labels or DOT markings. It may be that 49 CFR 172.401(c)(3) authorizes use of the iCAO labei, although its applicability to ground-only shipment is not corpietely clear. Please confirm that use of the ICAO 'Radioactive Material, Excepted Package' label is permited for highway-only transportation. Thank you for your timely attention. If you have any questions, please contact me at 817-777-6490. Very respectfully, M.S. Jiddes, CHMM, REP Michael S. Fiddes DOT/IATA Compliance, Safety Engineering Lockheed Martin Aeronautics Company Environmental, Safety & Health Integration#