LND, 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 APR 18 2007 Mr. Spencer B. Neyland Reference No.: 06-0241 Operations Manager/Physicist 3230 Lawson Boulevard LND, Inc. Oceanside, NY 11572 Dear Mr. Neyland: This responds to your October 24, 2006 letter concerning the transportation of several styles of hermetically sealed nuclear radiation sensor (detector) tubes containing various quantities of Boron trifluoride, 2.3, Hazard Zone B, at less than atmospheric pressure under submitted additional information and samples for our review. the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). Subsequently, you According to your letter, LND, Inc. is the holder of Special Permit 12087, which cylinders with not more than 57 grams of Boron, trifluoride for transportation in authorizes the manufacture, mark, sale and use of nonrefillable, non-DOT specification informed the writer that "due to the form and limited quantity of boron trifluoride commerce. You enclosed a letter of interpretation (Crawford; February 9, 1984) which contained in the radiation detector tubes," these devices are not subject to the HMR. The response was in reference to a question concerning the transportation of radiation detector tubes, each containing less than one gram of Boron trifluoride at less than atmospheric pressure. You asked if this exception also applies to certain LND nuclear radiation detector tubes containing less than one gram of Boron trifluoride at less than atmospheric pressure, and if this exception applies to international shipments and air shipments made under the International Civil Organization's (ICAO) Technical Instructions. We reviewed the additional information submitted on the hermetically sealed detector tubes, each containing not more than one gram of Boron trifluoride filled to less than atmospher or ouron and pard colinasd itly designed packaging. id on the form 172.101 173.4 060241#

Page 2determination these tubes, when packaged and offered for shipment as described in your transportation and, therefore, are not subject to the HMR. letter, will not pose an unreasonable risk to health, public safety or property during We apologize for the delay in responding. Your confidential additional information and samples are herewith returned. Sincerely, Hattie L. Mitchell Chief, Regulatory Review and Reinvention Office of Hazardous Materials Safety Enclosures - 2-#

Page 33230 LAWSON BLVD., OCEANSIDE, NEW YORK 11572 SEES & MANUFACTURERS OF NUCLEAR ARDATOR DEE E-mail: info@Indinc.com • WEB SITE: http://www.Indinc.com 1-516-678-6141 • FAX 1-516-678-6704 Corbin §172.101 $173.4 October 24, 2006 Small quantity Exceptions 06-0241 Mr. Edward T. Mazzullo Director, Office of Hazardous Materials Standards 400 7* Street, SW U.S. DOT/PHMSA (PHH-10) Washington, DC 20590-0001 Re: Request for letter of interpretation. Dear Mr. Mazzullo, I am writing to request an interpretation of the Hazardous Materials Regulations regarding the classification of very small quantities of Boron trifluoride gas at less than atmospheric pressure contained in hermetically sealed nuclear radiation detectors. The question arose when LND was given a copy of a letter from the Department of Transportation, originally issued on February 9th Counter Laboratory, Inc. regarding their application for an exemption for boron ', 1984 to our competitor N. Woods trifluoride filled nuclear radiation sensors. I have enclosed a copy of the letter for reference. I asked Cheryl West Freeman, in the Office of Hazardous Materials Technology, if the mpact on our Special Permit for boron trifluoride nuclear radiation sensors (DOT-SP etter in question is representative of the current view at the DOT and if it might have al 12087). Ms. Freeman consulted with Dr. George Cushmac who stated that the letter was Materials Regulations...". LND, Incorporated's DOT Special Permit 12087 covers a broad range of boron boron trifluoride; however, most of our boron trifluoride detectors are filled to less than trifluoride nuclear radiation sensor designs with a maximum pressure of up to 3 PSIG atmospheric pressure and contain less than one gram of boron trifluoride (in fact, 0.01 grams is not uncommon). Would it be possible to have a similar letter of interpretation issued to LND stating that the subset of sensors that meet the above requirements are not subject to the Hazardous Materials Regulations, 49 CFR Parts 170-179?#

Page 4If indeed these products are not considered subject to the Hazardous Materials air shipments governed by IATA/ICAO regulations? Regulations, 49 CFR Parts 170-179, would this also apply to international shipments and Clarification of this issue will have a wide impact, as there are many BF3 nuclear radiation sensors already in use in handheld instruments that need to be transported in motor vehicles, railway cars, ships and aircraft. Thank you for looking into this matter. Sincerely, LND, INCORPORTATED Spencer B. Neylanc Operations Manager/Physicist Co Helen Engrum, Cheryl West Freeman#

Page 5MAY-31-06 WED 01:08 PM N.WOOP COUNTER LABORATOR 219 926 3571 • 01 DUA STORIUS FAX/ 22023769472 AG. BYMD СОЖСИХКЕЯ "IT 1ALS/ FAN: PH0024+GUV FEB - 810L BIG SYMBI Don Lenera ALL: INITIALS/SI 45k60060 Ma. Vice President , Marjory Crawford 3/7/2 2525 Fast 53rd Street N. Wood Counter Laboratory, Ina. :: INITIALS/St Chicago, Il11n01e 60615 Dest Ma. Crawford: The in in referente to your applicatlon dated Januaxy 31, 1984, PLU-: requesting an exemption authorizing the transportation of radiation detector tuben. These tubes contala less than a gram of boron tri- overpacked la a speelally dealgoed packaging. fluoride gas, are fllled to lans than atmospherio pressure, and ere ind limited quantity of boron trifluoride contaluad la the radiatior our application 1a returned as being unnecessary. Due to the foru as described lu your application, are not construed to pose a xink detector tuben, there devices, when packed and offered for slipuent considered subject to the Hazardous Materiela Regulatione, 49 CTN to 11fe or property during transportation and, therefoxe, axe not Parto 170-179. Sincerely, 2.78° INITIATIO • Alsa I. Roberta Associete Director for Hazardors Material: Iranaportation ButaRu Materials Regulation EncloBure DMI-231:JSHEDGEPETH b1: 2/9/84 CC: DMI-20, DMI-231 fil: E8259 duporsecias prerous erriton Fonn DOT I 122088 tAMe. 2-801 OFFICIAL FILE COPY#

Page 63230 LAWSON BLVD., OCEANSIDE, NEW YORK 11572 SIGNERS. MAMUFACTUREAS OF NUCLEAR RADIATION DETER -mall: Info@Indinc.com • WEBSITE: http://www.lndinc.co 516-678-6141 • FAX 1-516-678-671 $172.10 18 Арп 2007 06-0241 Chief, Regulatory Review and Reinvention Ms. Hattie L. Mitchell U.S. DOT/PHMA PHH-12 (Room 80430) 400 7* Street S.W. Washington, D.C. 20590 Dear Ms. Mitchell, I am writing to provide the U.S. DOT with additional technical information about nuclear radiation sensors containing less than 1 gram of boron trifluoride at less than atmospheric pressure. developed a leak, the following would occur: In the highly unlikely event that a boron trifluoride containing nuclear radiation sensor Because the sensor volume is under a partial vacuum, air would leak into the volume of the sensor diluting the trace amount of gas; any moisture in the air would immediately the material would be considered non-hazardous. react with the gas, further reducing the amount of gas in the sensor volume. At this point Furthermore, for over 50 years with more than 100,000 boron trifluoride sensors in service worldwide in the nuclear and radiation protection industries, there has never been an incident of a boron trifluoride leak. I hope that this supplementary information is helpful. Please call me if you have any further questions or if I can be of any assistance. Sincerely, INCORPORATED Operations Manager/Physicist 20 d D049 849 915 0N7 8201 40-1-20#