{"operation":"document","citation":"10-0047","title":"Material Innovations, Inc. — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2012-06-19","effective_on":null,"summary":"10-0047 response to Material Innovations, Inc. concerning 172.101.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-10-0047.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-10-0047.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-10-0047","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretations/2010/100047%20%26%20100057.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department\nof Transportation\nPipeline and Hazardous\nMaterials Safety\nAdministration\n1200 New Jersey Avenue, SE\nWashington, D.C. 20590\nJW! 1 9 ~~12\nMr. Andrew Stephan, Ph.D.\nMaterial Innovations, Inc.\n1 l020 Solway School Road\nSuite 108\nKnoxville, TN 37931\nRef. No.: 10-0047 and 10-0057\nDear Mr. Stephan:\nThis responds to your letters regarding transportation of hermetically sealed stainless steel\nneutron radiation detectors (electron tubes) containing various small quantities of Boron\ntrifluoride, 2.3, UN1008, Hazard Zone B at atmospheric pressure or less under the\nHazardous Materials Regulations (HMR; 49 CPR Parts 171-180).\nWe have reviewed the information submitted in both of your letters. In your first letter,\nhermetically sealed stainless steel neutron radiation detectors (electron tubes) contain not\nmore than one (1) gram of Bown trifluoride filled to atmospheric pressure or less, and\npackaged in specially- designed packaging. In the follow-up Jetter, the hermetically sealed\nstainless steel neutron radiation detectors (electron tubes) contain up to three (3) grams of\nBoron trifluoride filled to atmospheric pressure or less, and packaged in specially-designed\npackaging.\nPHMSA regulates the transportation in commerce of materials it determines are hazardous\nin that \"the amount and form [of the material] may pose an unreasonable risk to health and\nsatety or property.\" 49 U.S.C 5103, as delegated to PHMSA in 49 C.F.R 1.53(b). Based on\nthe information provided in your letters, including form and quantity of Boron trifluoride\ncontained in the radiation detector tubes, the specifications of the detector, and the specially-\ndesigned packaging it is our determination the radiation detectors (electron tubes) containing\nnot more than one (l) gram of Boron trifluoride, filled to atmospheric pressure or less, and\npackaged in the specially-designed packaging you described, are not in a quantity and form\nthat pose an unreasonable risk to health, safety or property during transportation and,\ntherefore, are not subject to regulation under the HMR. However, the radiation detectors\n(electron tubes) containing more than one (1) gram, including those containing up to three\n(3) grams of Boron trifluoride, although packaged in specially-designed packaging, are in a\nform and quality that may pose an unreasonable risk and, therefore, are subject to the HMR\nand regulated for purposes of transportation in commerce.\n\n<<<PAGE 2>>>\n\nYou may wish toapply for a special permit in accordance with the requirements in\n§ 107.105 to ship the radiation detectors (electron tubes) containing three (3) grams or more\nof Boron trifluoride.\nI hope this information is helpful. If we can be of further assistance, please contact us.\nSincery:\n--h~es . Betts\n~ctor\nStandards and Rulemaking Division\n\n<<<PAGE 3>>>\n\non ovations\nSensor Development Group\nMaterial Innovations, Inc.\nII 020 Solway School Road, Suite I 08\nKnoxville, TN 3793I\nPhone: (865) 927-9807\nFax: (865) 927-9809\nMrs. Hattie L. Mitchell\nChief, Regulatory Review and Reinvention\nU.S. DOT I PHMSA PHH-12\n1200 New Jersey Avenue, SE\nEast Building, 2nd Floor\nWashington, DC 20590\nMarch 15, 2010\nRe: Request for Letter of Interpretation- Transportation of Small Quantities of BF 3 Gas\nDear Mrs. Mitchell,\nI am writing to request a DOT/PHMSA Letter of Interpretation regarding transport of small quantities of\nBF3 gas.\nMaterial Innovations, Inc. is developing neutron radiation detectors (electron tubes) containing small\namounts of BF3 (boron trifluoride, UN1008, Division 2.3, Hazard Zone B), BF3 being essential to their\noperation. Besiqes BF3, they do not contain any hazardous materials nor pose any other special risk.\nDOT/PHMSA has issued the following Letters of Interpretation and a Letter of Clarification to other\ncompanies confirming their BF3-based detectors are exempt from the HMR. These include:\n• Letter of Interpretation Reference No. 07-0093 dated May 18, 2007 from Hattie L. Mitchell to\nMarjory Crawford, N. Wood Counter Laboratory, Inc.\n• Letter oflnterpretation (no reference number given) dated February 9, 1984 from Alan I. Roberts\n(Associate Director for Hazardous Materials Regulation, Materials Transportation Bureau, DOT)\nto Marjory Crawford, N. Wood Counter Laboratory, Inc.\n• Letter oflnterpretation Reference No. 06-0241 dated April 18, 2007 from Hattie L. Mitchell to\nSpencer Neyland, LND, Inc.\n• Letter of Clarification Reference No. 07-0089 dated May 16, 2007 from Hattie L. Mitchell to\nSpencer Neyland, LND, Inc.\nSome of our detectors require up to three grams of BF3. To ensure their safety during transportation and\noperation, we have designed them with additional safety features that we believe make them safer than\nthose referenced in the above mentioned letters, even with a total of three grams of BF3 gas. These safety.\nfeatures are described in detailed in the attachments to this letter for your review and determination.\nWe hereby request a Letter of Interpretation stating that our detectors, when containing three grams or\nless of BF3 at atmospheric pressure or less, pose no unreasonable risk to health, public safety or property\nduring transport and thus are not subject to the HMR when designed and packaged per the specifications\ndescribed in Attachment A: Detector Design and Packaging.\nWe also request Confidential Treatment as per 49CFR105.30 as this submission contains confidential\ninformation as per the Freedom of Information Act, 5 U.S.C. 552 and 18 U.S.C. 1905. A Request for\nConfidential Treatment is included as a separate letter attached to this one.\nThe following documents are included as attachments to this letter:\n• Request for Confidential Treatment.\n• Attachment A: Detector Design and Packaging.\nCONFIDENTIAL\n\n<<<PAGE 4>>>\n\nnnovations\nSensor Development Group\nMaterial Innovations, Inc.\nII 020 Solway School Road, Suite I 08\nKnoxville, TN 3793I\nPhone: (865) 927-9807\nFax: (865) 927-9809\n• Attachment B: BF3 Detector (Electron Tube) Safety. (Historical data relevant to our request.)\n• Attachment C: Classification and Properties of Boron Trifluoride. (Included for the convenience\nof DOT.)\nWe are submitting two copies of this package of documents; one copy contains all our confidential\ninformation, while the other copy has the confidential information redacted.\nThe primary use of our detectors is for national security applications, e.g. scanning vehicles and cargo\ncontainers entering the US for nuclear weapons I weapons material being smuggled by terrorists. The\ndetectors currently used are going to become unavailable due to materials supply issues, which will\nseverely impact the Department of Homeland Security's portal monitor deployment program beginning\nthis summer if no suitable replacement technology is found. While other manufacturers' BF3 detectors are\nnot very suitable, ours have much better performance and can meet this critical national need. Due to the\nurgency and importance of this matter, we would greatly appreciate as fast a response as you can provide.\nPlease feel free to contact me (andrew.stephan@materialinnovations.com) with any questions.\nMaterial Innovations, Inc.\nList of Attachments:\n• Request for Confidential Treatment\n• Attachment A: Detector Design and Packaging\n• Attachment B: BF3 Detector (Electron Tube) Safety\n• Attachment C: Classification and Properties of Boron Trifluoride\n\n<<<PAGE 5>>>\n\novations Sensor Development Group\nMaterial Innovations, Inc.\nKnoxville, TN 3793I\nII 020 Solway School Road, Suite I 08\nPhone: (865) 927-9807\nFax: (865) 927-9809\nMrs. Hattie L. Mitchell\nChief, Regulatory Review and Reinvention\nU.S. DOT I PHMSA PHH-12\n1200 New Jersey Avenue, SE\nEast Building, 2nd Floor\nWashington, DC 20590\nfnqru.Wl\nMarch 4, 2010\n~n2:' 101 •.\nArr t { U<k. lrl3\nl (),. () Dlf1\nRe: Request for Confidential Treatment Concerning Attached Request for Letter of Interpretation\nDear Mrs. Mitchell,\nWe hereby request that DOT/PHMSA treat our request (dated March 4, 2010 and attached to this letter)\nfor a Letter oflnterpretation related to transportation of our BF3 detectors (electron tubes) as confidential.\nThis Request for Confidential Treatment is made under 49CFR105.30.\nWe have marked the appropriate pages as confidential and are submitting two copies of our submission\npackage, one containing confidential information and the other with the confidential information redacted.\nThe specific documents containing confidential information are this letter and Attachment A: Detector\nDesign and Packaging.\nThe identified information is confidential based on exemption from public disclosure under the Freedom\noflnformation Act, 5 U.S.C. 552 and due to being information referred to in 18 U.S.C. 1905.\nReasons for this include:\n• The 11\"''\"\"'\"\n•\n• Our confidential information was developed at our own expense.\n• Public release of the identified confidential information would cause substantial damage to our\ncompany, such as by harming our competitive position, jeopardizing our ability to obtain patent\ncoverage of our detector design innovations, impairing our ability to maintain certain pieces of\ninformation as trade secrets and causing material financial damage to our company.\nPlease feel free to contact me (andrew.stephan@materialinnovations.com) with any questions.\nSincerely,\n~re~\nMaterial Innovations, Inc.\nCONFIDENTIAL","truncated":false,"body_characters":9338}