{"operation":"document","citation":"07-0210","title":"University of California, Los Angeles — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2008-01-30","effective_on":null,"summary":"07-0210 response to University of California, Los Angeles concerning 173.436, 175.10.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-07-0210.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-07-0210.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-07-0210","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2007/070210.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department\nof Transportation\nPipeline and Hazardous\nMaterials Safety\nAdministration\nJAN 3 0 2008\n1200 New Jersey Avenue, SE\nWashington, D.C. 20590\nMs. Carol S. Marcus\nProf. of Radiation Oncology and of Radiological Sciences, UCLA\n1877 Cornstock Avenue\nLos Angeles, CA 90025-5014\nRef No.: 07-02 10\nDear Ms. Marcus:\nThe Pipeline and Hazardous Materials Safety Administration (PHMSA) is issuing this letter to\nclarify the applicability of the Hazardous Materials Regulations (HMR; 49 CFR Parts 17 1 - 180)\nto the transportation of check sources used in radiation detection devices. On December 17,\n2006 you sent a letter requesting a policy statement from the Transportation Security\nAdministration (TSA) regarding the carriage of radiation detection devices and check sources on\ncommercial aircraft. In that letter you described the check sources as tiny quantities of\nradioactive material in the form of sealed sources which are used to check that survey meters are\nworking properly. You state that the check sources are so low in activity that they fall under the\nNuclear Regulatory Commission (NRC) category of exempt material. On January 22, 2007,\nTSA issued a letter responding to your request. We are issuing this letter to clarify the\napplicability of the HMR to the transportation of check sources. The HMR must be considered\nin addition to TSA restrictions when transporting hazardous materials by aircraft.\nYour letter to TSA does not indicate type, quantity, or activity of the radioactive material.\nHowever, your check source is not subject to the HMR if: (1) the activity concentration in each\ndevice is below the activity concentration limit for exempt material specified in 9 173.436 for\nthe radionuclide; or, (2) the total activity of the consignment (all devices being carried) is less\nthan the activity limit for exempt consignment specified in 8 173.436 for the radionuclide. If the\nactivity exceeds both of these exempt limits, then the device may be offered for transportation as\na \"Radioactive material, excepted package-limited quantity of material\" or \"Radioactive\nmaterial, excepted package-instrument\" (for a check source carried'in the survey meter) if it\nsatisfies the conditions in $ 5 173.42 1 or 173.424, and 3 173.422. Note that the exception\nrequires training in accordance with Subpart H of Part 172. In addition, the outside of each\npackage must be marked with the UN identification number (LTN2910 or UN2911) when\ntransporting radioactive material in accordance with $6 173.421 or 173.424, and 5 173.422.\nIt should be noted that the International Civil Aviation Organization's Technical Instructions for\nthe Safe Transport of Dangerous Goods (ICAO TI) specifically prohibits passengers fiom\ncarrying excepted radioactive materials in the cabin or in checked baggage (see ICAO TI 8;\n1.1.1). Many commercial airlines follow the International Air Transport Association's (IATA)\nDangerous Goods Regulations which are based on the ICAO TI. Therefore, even in the U.S.,\n\n<<<PAGE 2>>>\n\nairlines may choose to prohibit the carriage of excepted radioactive materials in the cabin and\nchecked baggage based on these ICAO international regulations or IATA industry standards.\nIn addition, a U.S. air operator's ability to carry excepted radioactive materials may also be\nlimited by its operations specifications issued by the Federal Aviation Administration (FAA).\nI hope this information is helpful. If you have further questions, please do not hesitate to contact\nthis office.\nSincerely,\n4\"~w& Edward T. Mazzullo\nDirector, Office of Hazardous Materials Standards\n\n<<<PAGE 3>>>\n\nUNIVERSITY OF CALIFORNIA, LOS ANGELES 6\nBERKELEY DAVIS IRVINE LOS ANGELES RIVERSIDE SAN DlEGO SAN FRANCISCO 'k\n01'-0i10 uCLA\nSANTA BARBARA SANTA CRUZ\nDEPARTMENT OF RADIATION ONCOLOGY\nDAVID GEFFEN SCHOOL OF MEDICINE AT UCLA\n200 UCLA MEDICAL PLAZA, SUITE 8265\nBOX 95695 1\nLOS ANGELES, CALIFORNIA. 90095-695 1\nPI-IONE; (3 10) 825-9771\nFAX ; (3 10)794-9795\nDec. 17,2006\nKip Hawley, Director\nTransportation Security Administration\nC/O Contact Office\n601 S. 12th Street\nArlington, VA 22202\nDear Director Hawley:\nI am a Medical Officer and the radiation expert for two federal medical emergency response teams under\nthe National Disaster Medical System (NDMS). These teams are Disaster Medical Assistance Team\n(DMAT) CA-9 and the Western National Medical Response Team (NMRT). These and other DMATs\nand NMRTs travel to disasters on commercial airline flights. If we travel with radiation detectors, such as\nGeiger-Mueller (G-M) survey meters, we need to also travel with our check sources. These are tiny\nquantities of radioactive material in the form of sealed sources which are used to check that the survey\nmeters are working properly. These check sources are so low in activity that they fall under the Nuclear\nRegulatory Commission (NRC) category of exempt material. That is, it is not necessary to have a\nradioactive materials license to purchase, possess, or use these check sources. We need to carry these\ncheck sources as either personal baggage or checked baggage on any flight and in any airport of the\n, United States and its possessions. Discussion with the Radiologic Health Branch of California and of\nLos Angeles indicated uncertainty and potential problems with taking check sources on commercial\nairplanes. Discussions with two TSA representatives (Renaldo and Teonia) on 12-1 5-06 indicated that at\npresent this is not possible. Both suggested calling the airport directors of all the airports involved on a\ntrip-by-trip basis and requesting permission in advance (with no guarantee that we will get it). That is\nabsolutely unworkable and unacceptable. I therefore request that you issue a blanket written policy\nfor radiation safety personnel that states that carrying radiation detection devices and check\nsources as personal or checked luggage is permitted on any airplane and in any airport in the\nUnited States and its possessions.\nI am sending a copy of this letter to Dr. Dale E. Klein, Chairman of the Nuclear Regulatory Commission.\nDr. Klein holds a Ph.D. in Nuclear Engineering and will certainly be able to see to it that all your\nquestions pertaining to the radiation safety of check sources will be answered. I will also be happy to\nanswer any questions you have. I hold a Ph.D. in Radiation Biology and am a physician board-certified\nin Nuclear Medicine. Copies of this letter will also be e-mailed to numerous persons involved in\nradiation protection and emergency medical services.\nC:\\WP4DOWS\\Ternporary Internet Files\\Content.IE5\\H50979CH\\TSA-Hawley-check sources 12-17-06.doc\n\n<<<PAGE 4>>>\n\nYou may contact me at (3 10)277-454 1 or csrnarcus@ucla.edu. My mailing address is\n1877 Cornstock Avenue, Los Angeles, CA 90025-50 14. My FAX is (3 10)552-0028.\nThank you for your attention and consideration.\nSincerely,\nCarol S. Marcus, Ph.D., M.D.\nProf. of Radiation Oncology and of Radiological Sciences, UCLA\nand\nMedical Officer, DMAT CA-9 and Western NMRT\ncc: Dale E. Klein, Ph.D.\nChairman, Nuclear Regulatory Commission\n1 1555 Rockville Pike\nRockville, MD 20852\nC:\\WINDOWS\\Ternporary Internet Files\\Content.IE5\\H50979CH\\TSA-Hawley-check sources p.2 12-1 7-06.doc\n\n<<<PAGE 5>>>\n\nA letter to Dr. Carol Marcus\nthat may be of interest\nThank you for your December 17, 2006, letter requesting a policy statement on the carriage of radiation de-\ntection devices and check sources on commercial aircraft. We understand that you have previously inquired\nabout this policy through conversations with employees of the Transportation Security Administration (TSA)\nContact Center, who suggested that leaders of Federal medical emergency response teams make prior arrange-\nments with airport personnel on a trip-by-trip basis.\nBased on your letter and conversations with my staff, we understand these check source devices to be small\n(coin-sized) objects that c0ntai.n tiny amounts of radioactive material in a sealed enclosure. Further, we\nunderstand that these check sources are used to help determine the operability of radiation survey meters\nand that the amount of radioactive materials contained therein places the devices into the exempt category of\nNuclear Regulatory Commission guidelines.\nTSA does not prohibit carriage of the devices described in your letter either a s part of an individual's accessi-\nble property (items brought into the cabin of a n aircraft) or in an individual's checked baggage. These devices\nwill be screencd by applying standard screening protocols to include x-ray examination. Oncc a Transporta-\ntion Security Officer determines that the device is not itself, and does not contain, a prohibited item, the device\nwill be cleared for travel. For further information on prohibited items, please visit the TSA website at www.tsa.\ngov/travelers/ airtravel.\nIn coordination with the Department of Transportation (DOT), TSA screening procedures also address the pro-\ncessing of hazardous materials (HAZMAT) discovered during the screening process. Although DOT regulates\nthe transportation of radioactive materials from a safety perspective, the quantity and types of radioactive\nmaterials in the check sources a s described in your letter are not subject to DOT restrictions and therefore do\nnot trigger TSA HAZMAT-related screening procedures.\nGiven the information above, your assistance and response teams need not coordinate with airport or TSA\nofficials prior to boarding flights in order to transport these devices aboard commercial aircraft. If you experi-\nence any difficulty during the screening of these devices, please ask to speak to the Assistant Federal Security\nDirector for Screening at that airport.\nWe appreciate that you took the time to share your concerns with u s and hope this information is helpful.\nSincerely yours,\nMorris McGowan\nActing Assistant Administrator\nfor Security Operations","truncated":false,"body_characters":9876}