Mirion Technologies — Hazardous Materials Safety Interpretation

Page 1U.S. Department 1200 New Jersey Avenue SE of Transportation Washington. DC 20590 Pipeline and Hazardous Materials Safety Administration NOV 8 2011 Mr. James E. Lynch Mirion Technologies 315 Daniel Zenker Dr. Building 300 iST Center Horseheads, NY 14845 Ref. No. 11-0216 Dear Mr. Lynch: This responds to your September 6, 2011 request for clarification ofthe Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to radiation detectors. In your letter, you describe your company's radiation detector as a non-refillable and hermetically sealed welded metallic cylinder with up to three brazed ceramic-to-metal seals (small electrical penetrations) that contains a Division 2.2 (Non-flammable compressed gas) material. Your questions are summarized and answered as follows: Q1) Section § 173.310 contains regulations applicable to radiation detectors. Does the radiation detector described in your letter meet the definition of"single-trip" and "welded metal inside container" as required by § 173.31O(a). AI) Yes. Section 173.310(a) requires a radiation detector to be single-trip, hermetically sealed, welded metal inside container that will not fragment upon impact. The radiation detector described in your letter is a "welded metal inside container." The term "single-trip" means that the inner packaging is not intended to be refilled and reshipped after having been previously emptied. Q2) You plan to include a vendor certification letter that the product and its packaging conforms to § 173.310. Will customers be able to use the letter/certification to return the product to your company ifthe customers use your packaging materials and procedure? A2) Yes. However, in accordance with § 173.22 it is the shipper's responsibility to comply with aspects of the HMR applicable to offering a hazaIdous material for transportation. The#

Page 2letter/certification that you plan to provide your customers will provide valuable information to assist them in satisfying the compliance responsibilities specified in§ 173.22. I hope this answers your inquiry. If you need additional assistance, please contact this office at (202) 366-8553. S['S Ben Supko Acting Chief, Standards Development Standards and Rulemaking Division#

Page 3Urakeford, Carolyn (PHMSA) From: Herzog, Kenneth (PHMSA) Sent: Wednesday, September 07, 2011 2:08 PM To: Drakeford, Carolyn (PHMSA) Subject: FW: DOT SP 7946 and 173.310 From: Lynch, James [mailto:JLynch@mirion.com) Sent: Tuesday, September 06, 2011 1 :49 PM To: Freeman, Cheryl (PHMSA) Cc: Herzog, Kenneth (PHMSA) Subject: RE: bOT SP 7946 and 173.310 From: Lynch, James Sent: Tuesday, September 06, 20111:28 PM To: 'cherylfreeman@dot.gov' Cc: 'Kenneth.Herzog@dot.gov'; Lynch/ James Subject: DOT SP 7946 and 173.310 Ref: Mirion (1ST) DOT SP 7946 Hi Cheryl, We received our SP application denial letter dated August 19, 2011. I believe that we meet the intent of 49 C.F.R. 173.310 however would appreciate an interpretation on its wording. SUBJECT: Mirion (1ST) Special Permit DOT-SP 7946 renewal application denial letter dated August 19,2011 and use of 49 C.F.R. § 173.310. We received the subject renewal application denial letter and understand the intent is to use §173.310. In reviewing §173.31O, as it pertains to shipping our product/ we seek clarification. In particular, §173.310 (a) states "Radiation detectors must be single-trip, hermetically sealed, welded metal inside containers that will not fragment upon impact." As described in our expired Special Permit, our radiation detectors are "non-refillable" and hermetically sealed, however, their construction is a welded metallic cylinder with up to three brazed ceramic-to-metal seals (small electrical penetrations). We believe that our radiation detectors meet the requirements of §173.310, however, are unsure of the meaning of "single-trip" and the exactness of "welded metal inside containers", We would appreciate your review of our described product and concurrence it conforms to §173.310 (a). If there are any questions please contact me. I look forward to your response. Secondly, I have embedded our revised packaging specification in hopes you will review it for correctness. We plan to include a vendor certification letter that the product and its packaging conforms to 173.310. Our hope is that our 1#

Page 4customers could use this letter / certification in returning the product to us as long as they use our packaging materials and procedure. Packaging Specification 899-158 changes (for Radiation Detector with 95%Nr 5%He with radioactive CO2 dopant) Remove Stencil DOT SP 7946 (rationale: 173.310 does not require Stencil) Change Mark: from Nitrogen Compressed UN1066 to Compressed Gas, N.O.S. UN19s6 (rationale: gas is 95%N2-5%He with radioactive C02 dopant) Change "envelope" to contain letter / vendor certification that package meets 173.310 and copy of MSDS (which Emergency response information in case of exposure fire per 173.310 (d)) 2#

Page 5MIRION (IST) PROPRIETARY, MUTILATE BEFORE DISCARDING MIRION TECHNOLOGIES (IST)| 58-2 Sensing Systems Division SPEC. No. 899-158 22-1 Horseheads, New York DATE SUPR. DATE DIST SUBJECT: 9/6/2011 11/21/2006 PAGE 1 OF 2 VDL DOT REQUIREMENTS COMPRESSED ALS, MOE. UNTONG ENVELOPE CERTIFICATE VENDOR AND 9173.310 HON-FLAMMABLE GAS H8Dg 2 * 1. STENCIL NONE REQUIRED * 2. ENVELOPE Copy of letter that device and its packaging meet §173.310 * 3. MARK "COMPRESSED GAS, N.O.S. UN 1956". (ref: 49 CFR 172.300). This DOT marking is an IST printed self-adhesive sheet or equivalent. * 4. LABEL DOT GREEN DIAMOND "NON-FLAMMABLE GAS #2" (ref: 49 CFR 172.400) * 5. Radioactive determination (ref. 49 CFR 173.436 and 49 CFR 173.403): considered radioactive material and the entry If THREE (3) or more WL-23761 chambers are in a Consignment, the shipment is must appear on the shipping paper in association with the basic description per 49 CFR 173.423. "LIMITED QUANTITY RADIOACTIVE MATERIAL" Number of Detectors = 2.7 × 104 [Ci] per 173.436 for C-14 100 × 10 ° [Ci] max per Detector Number of Detectors = 2.7 rounded down to two (2) * 6. Reference: 49 CFR Parts 100 to 185, dated October 1, 2010 or later. ILLUSTRATIVE PURPOSES ONLY AND MAY VARY LOCATIONS DEPICTED FOR STENCIL, MARK, LABEL AND ENVELOPE ARE FOR FIGURE 1 UOS DIM. IN INCHES NOTES SCALE: * DENOTES CHANGE REV. P PC No. DRWN. CHKD. QA F APPR DATE NONE 12 N-10414 TRY Thank you, Jim#

Page 6P Before you print think about the ENVIRONMENT b Thank you, Sent from: Mirion (IST) Campus James E. Lynch Mirion Technologies Sensing Systems Division 315 Daniel Zenker Dr. Building 300 iST Center Horseheads, NY 14845 N 42º 09.21' Latitude Click here for directions to Horseheads Facility ( Tel: 607 562-4301 W 76º 55.04' Longitude ( Fax: 607 562-4482 926.2 feet Elevation + E-mail: JLynch@Mirion.com Website: www.Mirion.com Click on "Map" for directions to Horseheads Facility Map PROPRIETARY INFORMATION NOTICE: This e-mail message and all attachments transmitted with it are intended solely for use by the addressee and may contain proprietary information of Mirion Technologies and/or its affiliates. If the reader of this message is not the intended recipient, you are hereby notified that any review, dissemination, distribution, copying or other use of this message is strictly prohibited. If you have received this message in error, please notify the sender immediately by replying to the message, delete the original message and all attachments from your computer, and destroy any copies you may have made. Thank you.#