Troxler Electronic Laboratories, Inc. — Hazardous Materials Safety Interpretation

Page 1of Transportation U.S. Department Washington. D.C. 20590 400 Seventh Street, S. W Pipeline and Hazardous Materials Safety Administration AUG - ≥ 2000 Mr. Steve Browne Ref. No.: 06-0158 Troxler Electoronic Laboratories, Inc. 12057 Research Triangle Park North Carolina, 27709 Dear Mr. Browne: This is in response to your July 18, 2006 letter requesting clarification of the Hazardous (radioactive) materials. Specifically, you ask if the radiation level on the external Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to Class 7 surface of a package containing a portable nuclear gauge is required to be measured prior to each shipment. The answer is no. In accordance with § 173.475, before each shipment of any Class 7 (radioactive) material package, the offeror must ensure that external radiation and contamination levels are within the allowable limits specified by the HiMiR. Section shipment; however, each offeror of a Class 7 (radioactive) material must perform 173.475 does not specifically require the radiation level to be measured prior to each appropriate examinations or tests to ensure that the external radiation and select an appropriate examination or test method. Alternative examinations and test contamination levels are within the allowable limits. It is the offeror's responsibility to methods are authorized to the extent they ensure compliance with the external radiation and cortamination limits authorized by the HMR. to contact this office. I hope this information is helpful. If you have further questions, please do not hesitate Sincerely, John A. Gale Office of Hazardous Materials Standards Chief, Standards Development 173.415 060158#

Page 2Eicherlaub Page 1 of 1 $173.475 Williams, James <PHMSA> RAM From: Steve Browne [sbrowne@troxlerlabs.com] 06-0158 Sent: Tuesday, July 18, 2006 2:22 PM To: Williams, James <PHMSA> Subject: Fw: Interpretation of 173.475 ---- Original Message --. From: Steve Browne Sent: July 05, 2006 11:29 AM Subject: Interpretation of 173.475 Jim, radiation survey to ascertain the TI value prior to each and every shipment. I would like to get Recently an FAA inspector (Louis Fernandez) told a Troxler portable nuclear gauge user that they must perform a U.S.DOT's interpretation of section 173.475 which states: examination or appropriate tests, that external radiation and contamination levels are within the allowable Before each shipment of any Class 7 (radioactive) materials package, the offeror must ensure, by limits specified in this subchapter. Troxler ships thousands of portable gauges containing sealed sources per year. However, we: do not make a radiation measurement on each gauge package before shipment. Instead, the Transport Index is determined once for each model gauge. That value is documented in the NRC certificate of registration for the gauge and the package and entered on the shipping papers. Because all units of a given model contain the same type of also in the Troxler gauge operation and instruction manual. That value is then marked on the radioactive label or sources producing the same radiation levels, there is no need to remeasure the radiation level unless the source examination of the gauge prior to shipment, which I believe satisfies 173.475. If this interpretation is not correct, it housing, shielding, or shutter malfunction or have been damaged. This can be ascertained through a visual will have far reaching ramifications. shipments (via air or ground). seemed to make a distinction between private carrier shipments (to and from job sites) and common carrier answer both from the standpoint of being a nuclear gauge shipper and of being a nuclear gauce manufacturer to I would appreciate getting U.S.DOT's interpretation of section 173.475. It is very important for Troxler to know the whom customers turn to for correct hazmat shipping advice. Please let me know if you have any questions. Regards, Corporate Radiation Safety Officer Steve Browne (919) 485-2228 voice Troxler Electronic Laboratories, Inc. (919) 485-2250 fax#