LND, Inc. — Hazardous Materials Safety Interpretation

Page 1of Transportation U.S. Department 1200 New Jersey Avenue, SE Washington, D.C. 20590 Pipeline and Hazardous Materials Safety Administration MAY 1 6 2007 Mr. Spencer B. Neyland Reference No.: 07-0089 LND, Inc. Operations Manager/Physicist 3230 Lawson Boulevard Oceanside, NY 11572 Dear Mr. Neyland: This responds to your April 23, 2007 letter requesting further clarification of the packaging containing less than one gram of Boron trifluoride, 2.3, Hazard Zone B, at less than requirements for certain hermetically sealed nuclear radiation sensor (detector) tubes atmospheric pressure under the Hazardous Materials Regulations (HMR; 49 CFR Parts In our April 18, 2007 response, we informed you that based on the form and quantity of Boron trifluoride contained in the radiation detector tubes, it is our determination the tubes, when packaged in a specially designed packaging and offered for shipment as described in your letter, will not pose an unreasonable risk to health, public safety or property during transportation and, therefore, are not subject to the HMR. You ask whether our reference to specifically designed packaging refers to the outside packaging described in Special Permit 12087 or the polyethylene ball that is a part of the power supply/meter described in radiation detector tubes. your January 15. 2007 letter. The use of either packaging is acceptable for shipment of the I trust this satisfies your inquiry. Sincerely. Chief, Regulatory Review and Reinventior Hattie L. Mitchell Office of Hazardous Materials Safety 172.10/ 173.22a 070089#

Page 2LND, INC. 3230 LAWSON BLVD., OCEANSIDE, NEW YORK 11572 E-mail: info@indinc.com • WEB SITE: http:: www.lndinc.com 1-516-678-6141 • FAX 1-516-678-6704 Engrum $ 172.101 3113.22a 23 April 2007 Packagings Mrs. Hattie L. Mitchell Reference No.: 06-0241 07-0089 U.S. DOT:PHMA PHH-12 (Room 80430) Chief. Regulatory Review and Reinvention 400 7" Street S.W. Washington. D.C. 20590 Dear Mrs. Mitchell. Incorporated on April 18' I am writing to request a clarification of the letter of interpretation issued to LND. : 2007. tubes in either a specially designed outside packaging as described in our Special Permit We believe that the intent of the interpretation is to allow the shipment of the detector 12087 paragraph 7b(1) or in the polyethylene ball as part of an instrument package as described in my letter of January 15'. the polyethylene ball to demonstrate that it provides an equivalent level of protection to '. 2007 (in which I enclosed the information about Thank you for taking the time to clarify this question. Please feel free to contact me at 917 545 4087, if I can be of any assistance. Sincerelv. CORPORATED Stancer B. Neyland Operations Manager/Physicist#