University of California, Los Angeles — Hazardous Materials Safety Interpretation

Page 1U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration JAN 3 0 2008 1200 New Jersey Avenue, SE Washington, D.C. 20590 Ms. Carol S. Marcus Prof. of Radiation Oncology and of Radiological Sciences, UCLA 1877 Cornstock Avenue Los Angeles, CA 90025-5014 Ref No.: 07-02 10 Dear Ms. Marcus: The Pipeline and Hazardous Materials Safety Administration (PHMSA) is issuing this letter to clarify the applicability of the Hazardous Materials Regulations (HMR; 49 CFR Parts 17 1 - 180) to the transportation of check sources used in radiation detection devices. On December 17, 2006 you sent a letter requesting a policy statement from the Transportation Security Administration (TSA) regarding the carriage of radiation detection devices and check sources on commercial aircraft. In that letter you described the check sources as tiny quantities of radioactive material in the form of sealed sources which are used to check that survey meters are working properly. You state that the check sources are so low in activity that they fall under the Nuclear Regulatory Commission (NRC) category of exempt material. On January 22, 2007, TSA issued a letter responding to your request. We are issuing this letter to clarify the applicability of the HMR to the transportation of check sources. The HMR must be considered in addition to TSA restrictions when transporting hazardous materials by aircraft. Your letter to TSA does not indicate type, quantity, or activity of the radioactive material. However, your check source is not subject to the HMR if: (1) the activity concentration in each device is below the activity concentration limit for exempt material specified in 9 173.436 for the radionuclide; or, (2) the total activity of the consignment (all devices being carried) is less than the activity limit for exempt consignment specified in 8 173.436 for the radionuclide. If the activity exceeds both of these exempt limits, then the device may be offered for transportation as a "Radioactive material, excepted package-limited quantity of material" or "Radioactive material, excepted package-instrument" (for a check source carried'in the survey meter) if it satisfies the conditions in $ 5 173.42 1 or 173.424, and 3 173.422. Note that the exception requires training in accordance with Subpart H of Part 172. In addition, the outside of each package must be marked with the UN identification number (LTN2910 or UN2911) when transporting radioactive material in accordance with $6 173.421 or 173.424, and 5 173.422. It should be noted that the International Civil Aviation Organization's Technical Instructions for the Safe Transport of Dangerous Goods (ICAO TI) specifically prohibits passengers fiom carrying excepted radioactive materials in the cabin or in checked baggage (see ICAO TI 8; 1.1.1). Many commercial airlines follow the International Air Transport Association's (IATA) Dangerous Goods Regulations which are based on the ICAO TI. Therefore, even in the U.S.,#

Page 2airlines may choose to prohibit the carriage of excepted radioactive materials in the cabin and checked baggage based on these ICAO international regulations or IATA industry standards. In addition, a U.S. air operator's ability to carry excepted radioactive materials may also be limited by its operations specifications issued by the Federal Aviation Administration (FAA). I hope this information is helpful. If you have further questions, please do not hesitate to contact this office. Sincerely, 4"~w& Edward T. Mazzullo Director, Office of Hazardous Materials Standards#

Page 3UNIVERSITY OF CALIFORNIA, LOS ANGELES 6 BERKELEY DAVIS IRVINE LOS ANGELES RIVERSIDE SAN DlEGO SAN FRANCISCO 'k 01'-0i10 uCLA SANTA BARBARA SANTA CRUZ DEPARTMENT OF RADIATION ONCOLOGY DAVID GEFFEN SCHOOL OF MEDICINE AT UCLA 200 UCLA MEDICAL PLAZA, SUITE 8265 BOX 95695 1 LOS ANGELES, CALIFORNIA. 90095-695 1 PI-IONE; (3 10) 825-9771 FAX ; (3 10)794-9795 Dec. 17,2006 Kip Hawley, Director Transportation Security Administration C/O Contact Office 601 S. 12th Street Arlington, VA 22202 Dear Director Hawley: I am a Medical Officer and the radiation expert for two federal medical emergency response teams under the National Disaster Medical System (NDMS). These teams are Disaster Medical Assistance Team (DMAT) CA-9 and the Western National Medical Response Team (NMRT). These and other DMATs and NMRTs travel to disasters on commercial airline flights. If we travel with radiation detectors, such as Geiger-Mueller (G-M) survey meters, we need to also travel with our check sources. These are tiny quantities of radioactive material in the form of sealed sources which are used to check that the survey meters are working properly. These check sources are so low in activity that they fall under the Nuclear Regulatory Commission (NRC) category of exempt material. That is, it is not necessary to have a radioactive materials license to purchase, possess, or use these check sources. We need to carry these check sources as either personal baggage or checked baggage on any flight and in any airport of the , United States and its possessions. Discussion with the Radiologic Health Branch of California and of Los Angeles indicated uncertainty and potential problems with taking check sources on commercial airplanes. Discussions with two TSA representatives (Renaldo and Teonia) on 12-1 5-06 indicated that at present this is not possible. Both suggested calling the airport directors of all the airports involved on a trip-by-trip basis and requesting permission in advance (with no guarantee that we will get it). That is absolutely unworkable and unacceptable. I therefore request that you issue a blanket written policy for radiation safety personnel that states that carrying radiation detection devices and check sources as personal or checked luggage is permitted on any airplane and in any airport in the United States and its possessions. I am sending a copy of this letter to Dr. Dale E. Klein, Chairman of the Nuclear Regulatory Commission. Dr. Klein holds a Ph.D. in Nuclear Engineering and will certainly be able to see to it that all your questions pertaining to the radiation safety of check sources will be answered. I will also be happy to answer any questions you have. I hold a Ph.D. in Radiation Biology and am a physician board-certified in Nuclear Medicine. Copies of this letter will also be e-mailed to numerous persons involved in radiation protection and emergency medical services. C:\WP4DOWS\Ternporary Internet Files\Content.IE5\H50979CH\TSA-Hawley-check sources 12-17-06.doc#

Page 4You may contact me at (3 10)277-454 1 or csrnarcus@ucla.edu. My mailing address is 1877 Cornstock Avenue, Los Angeles, CA 90025-50 14. My FAX is (3 10)552-0028. Thank you for your attention and consideration. Sincerely, Carol S. Marcus, Ph.D., M.D. Prof. of Radiation Oncology and of Radiological Sciences, UCLA and Medical Officer, DMAT CA-9 and Western NMRT cc: Dale E. Klein, Ph.D. Chairman, Nuclear Regulatory Commission 1 1555 Rockville Pike Rockville, MD 20852 C:\WINDOWS\Ternporary Internet Files\Content.IE5\H50979CH\TSA-Hawley-check sources p.2 12-1 7-06.doc#

Page 5A letter to Dr. Carol Marcus that may be of interest Thank you for your December 17, 2006, letter requesting a policy statement on the carriage of radiation de- tection devices and check sources on commercial aircraft. We understand that you have previously inquired about this policy through conversations with employees of the Transportation Security Administration (TSA) Contact Center, who suggested that leaders of Federal medical emergency response teams make prior arrange- ments with airport personnel on a trip-by-trip basis. Based on your letter and conversations with my staff, we understand these check source devices to be small (coin-sized) objects that c0ntai.n tiny amounts of radioactive material in a sealed enclosure. Further, we understand that these check sources are used to help determine the operability of radiation survey meters and that the amount of radioactive materials contained therein places the devices into the exempt category of Nuclear Regulatory Commission guidelines. TSA does not prohibit carriage of the devices described in your letter either a s part of an individual's accessi- ble property (items brought into the cabin of a n aircraft) or in an individual's checked baggage. These devices will be screencd by applying standard screening protocols to include x-ray examination. Oncc a Transporta- tion Security Officer determines that the device is not itself, and does not contain, a prohibited item, the device will be cleared for travel. For further information on prohibited items, please visit the TSA website at www.tsa. gov/travelers/ airtravel. In coordination with the Department of Transportation (DOT), TSA screening procedures also address the pro- cessing of hazardous materials (HAZMAT) discovered during the screening process. Although DOT regulates the transportation of radioactive materials from a safety perspective, the quantity and types of radioactive materials in the check sources a s described in your letter are not subject to DOT restrictions and therefore do not trigger TSA HAZMAT-related screening procedures. Given the information above, your assistance and response teams need not coordinate with airport or TSA officials prior to boarding flights in order to transport these devices aboard commercial aircraft. If you experi- ence any difficulty during the screening of these devices, please ask to speak to the Assistant Federal Security Director for Screening at that airport. We appreciate that you took the time to share your concerns with u s and hope this information is helpful. Sincerely yours, Morris McGowan Acting Assistant Administrator for Security Operations#