{"operation":"document","citation":"00-0329","title":"Regulatory Resources, Inc. — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2001-03-03","effective_on":null,"summary":"00-0329 response to Regulatory Resources, Inc. concerning 173.403.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-00-0329.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-00-0329.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-00-0329","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2000/000329.pdf","body":"<<<PAGE 1>>>\n\n400 Seventh Street, S.W\nWashington, D.C.\n20590\nResearch and\nAdministration\nspecial Programs\nMAR - 3 2001\nMr. Wade A. Winters\nRef. No. 00-0329\nPresident\nRegulatory Resources, Inc.\n240 Joshua Road\nKennewick, WA 99338\nDear Mr. Winters:\nThis is in response to your letter dated November 1, 2000, regarding the definition of the term\n\"exclusive use\" as it appears in 49 CFR 173.403.\nIn the situation presented in your letter, a single vehicle picks up radioactive materials at various\npoints from various government subcontractors acting on the government's behalf. Each\nshipment loaded at the various locations has its own shipping paper prepared by the\nsubcontractor on behalf of the specific agency of the U.S. government. Though all materials\nwithin the entire vehicle are consigned to the same destination, you ask if the material can be\nconsigned to more than one final destination as long as exclusive use controls maintenance\ninstructions are met. Packages of radioactive materials shipped under the provisions of\n§ 173.427(b)(3) are required to be shipped \"exclusive use.\"\nAs defined in § 173.403, exclusive use means sole use by a single consignor of a conveyance for\nwhich all initial, intermediate, and final loading and unloading are carried out in accordance with\nthe direction of the consignor or consignee. The consignor and the carrier must ensure that any\nloading or unloading is performed by personnel having radiological training and resources\nappropriate for safe handling of the consignment. The consignor must issue specific instructions\nin writing, for maintenance of exclusive use shipment controls, and include them with the\nshipping paper information provided to the carrier.\nIf a U.S. government agency arranges for the pickup of radioactive material packages from one or\nmore facilities for transport as a single shipment by a common or contract motor carrier, it is the\nopinion of this office that the government agency in effect becomes the \"single consignor,\"\nhaving exclusive use of the transport vehicle. However, it is important that the government\nagency establish itself on the shipping paper documentation as the \"single consignor,\" and\nappropriate instructions be provided to the carrier for maintenance of exclusive use shipment\n173.403\n000329\n\n<<<PAGE 2>>>\n\ncontrols. In addition, any loading or unloading that is performed by the subcontractors must be\narried out in accordance with direction of the U.S. government agency. A shipment o\nadioactive material under the exclusive use of a single consignor may be consigned to more tha\none final destination.\nI hope this satisfies your request.\nSincerely,\nThomas It. Allan\nThomas G. Allan\nSenior Transportation Regulations Specialist\nOffice of Hazardous Materials Standards\n\n<<<PAGE 3>>>\n\n240 Joshua Road\n)Regulatory\nKennewick, WA 99338\nvoice: 509-628-1020\nResourceso.\nfax: 509-628-0972\nThe Source Youll Come Back To\" 1\nemail: m@televar.com\nGale\nNovember 1, 2000\n§ 113.403\nDirector\nMr. Edward Mazzullo,\nOffice of Hazardous Materials Standards (DHM-10)\nApplicability\nResearch and Special Programs Administration\nU.S. Deparment of Transportation\n00-0329\n400 Seventh Street, SW\nWashington, DC 20590-0001\nDear Mr. Mazzullo,\nThank you in advanced for your timely response to the request for clarification presented below.\nFor the purposes of the transport of Class 7 radioactive material, the term \"exclusive use\" is defined in\n§173.403. The definition states that exclusive use \"...means sole use by a single consignor of a conveyance\nfor which all initial, intermediate, and final loading and unloading are carried out in accordance with the\nwork to non-government private or commercial enterprises. These subcontractors prepare the regulated\ndirection of the consignor or consignee...\" In some transport situations, the U.S. government will subcontract\nmaterial for transport and offer it to commercial carriers. Although prepared and transported by non-\ngovernment personnel, the radioactive material is owned by the U.S. goverment.\nA single vehicle picks up Class 7 radioactive materials at various points from various govemment\nsubcontractors acting on the government's behalf. Each shipment loaded at the various locations has its\nown shipping paper prepared by the subcontractor on behalf of the specific agency of the U.S.\ngovernment. All materials within the entire vehicle are consigned to the same destination.\n1. Does the term \"exclusive use\" allow shipments by several different subcontractors, acting for a\nsingle U.S. government agency, to offer Class 7 material for transport at different locations, using\nseparate sets of shipping papers?\n2. Is the owner of the material (e.g., the U.S. government) considered the single consignor for the\npurpose of the term \"exclusive use\"?\n3. if exclusive use is applicable in the above situation, can the material be consigned to more than\none final destination as long as exclusive use maintenance instructions are met?\nThank you again for your attention to these questions.\nFor Regulatory, Resources, Inc.,\nWade A. Winters, CET, CHMM\nPresident","truncated":false,"body_characters":5092}