Interpretation Response #10-0057 ([Material Innovations, Inc.] [Mr. Andrew Stephan, Ph.D.])
Below is the interpretation response detail and a list of regulations sections applicable to this response.
Interpretation Response Details
Response Publish Date:
Company Name: Material Innovations, Inc.
Individual Name: Mr. Andrew Stephan, Ph.D.
Location State: TN Country: US
View the Interpretation Document
Response text:
June 19, 2012
Mr. Andrew Stephan, Ph.D.
Material Innovations, Inc.
11020 Solway School Road
Suite 108
Knoxville, TN 37931
Ref. No.: 10-0047 and 10-0057
Dear Mr. Stephan:
This responds to your letters regarding transportation of hermetically sealed stainless steel neutron radiation detectors (electron tubes) containing various small quantities of Boron trifluoride, 2.3, UN1008, Hazard Zone B at atmospheric pressure or less under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180).
We have reviewed the information submitted in both of your letters. In your first letter, hermetically sealed stainless steel neutron radiation detectors (electron tubes) contain not more than one (1) gram of Boron trifluoride filled to atmospheric pressure or less, and packaged in specially- designed packaging. In the follow-up letter, the hermetically sealed stainless steel neutron radiation detectors (electron tubes) contain up to three (3) grams of Boron trifluoride filled to atmospheric pressure or less, and packaged in specially-designed packaging.
PHMSA regulates the transportation in commerce of materials it determines are hazardous in that "the amount and form [of the material] may pose an unreasonable risk to health and safety or property." 49 U.S.C 5103, as delegated to PHMSA in 49 C.F.R 1.53(b). Based on the information provided in your letters, including form and quantity of Boron trifluoride contained in the radiation detector tubes, the specifications of the detector, and the specially-designed packaging it is our determination the radiation detectors (electron tubes) containing not more than one (1) gram of Boron trifluoride, filled to atmospheric pressure or less, and packaged in the specially-designed packaging you described, are not in a quantity and form that pose an unreasonable risk to health, safety or property during transportation and, therefore, are not subject to regulation under the HMR. However, the radiation detectors (electron tubes) containing more than one (1) gram, including those containing up to three (3) grams of Boron trifluoride, although packaged in specially-designed packaging, are in a form and quality that may pose an unreasonable risk and, therefore, are subject to the HMR and regulated for purposes of transportation in commerce.
You may wish to apply for a special permit in accordance with the requirements in § 107.105 to ship the radiation detectors (electron tubes) containing three (3) grams or more of Boron trifluoride.
I hope this information is helpful. If we can be of further assistance, please contact us.
Sincerely,
Charles E. Betts
Director
Standards and Rulemaking Division
172.101, 107.105