MHF Logistical Solutions — Hazardous Materials Safety Interpretation

Page 1of Transportation U.S. Department 400 Seventh St., S.W. Special Programs Research and Washington, D.C. 20590 Administration AUG 2 8 2003 Mr. Kenneth M. Grumski 800 Cranberry Woods Dr., Suite 450 MHF Logistical Solutions Ref. No. 03-0061 Cranberry Township, PA . 16066 Dear Mr. Grumski: This is in response to your request for clarification of the term as defined in 49 CFR 173.403. ask whether under § 173.427 (a) (6) (i) a container shipment of Specifically, you and transferred to a motor vehicle meets the definition of 7 (radioactive) materials that is transported by railcar "exclusive use" in $ 173.403. and Section 173.427 (a) (6) applies to low specific activity materials exclusive use. surface contaminated objects required to be consigned as if all applicable requirements are met, your shipment meets the Based on the information provided in your letter, definition of "exclusive use" in § 173.403. shipment from a railcar to a motor vehicle does not preclude the Transferring a Class 7 materials are contained in a freight container as defined shipment from meeting the definition provided the packages of in § 171.8. questions, please do not hesitate to contact this office. I hope this information is helpful. If you have additional Sincerely, talle z, Michell Hattie I. Mitchell, Chief Office of Hazardous Materials Standards Regulatory Review and Reinvention 173.403 030061#

Page 2SHELOGISTICAI SOLUTIONS 80D Cranberry Woods Drive, Suite 450, Cranberry Township, PA 16066 Phone: 724.772.9800 Fax: 724.772.985D Web: www.mhfls.com McIntyre 2/17/03 §173.403 Michele M. Sampson $173.427(a6Xt) Radioactive Materials Enforcement Program Manager US Department of Transportation Definitions Room 8436 400 Seventh Street, S.W. Washington D.C. 20590-0001 [15587 03-0061 Re: Clarification Request Dear Ms. Sampson: request for clarification. Please clarify the following 49 CFR regulations about exclusive use in 49 CFR Pursuant to our phone conversation on 2/13/03 about "exclusive use", I am following up with a formal 173.427(a)(6)(i) "Shipments must be loaded by the consignor and unloaded by the consignee from the conveyance or freight container in which originally loaded; conveyance is the packaging, (ii) There must be no loose Class 7 (radioactive) material in the conveyance, however, when the Packages must be braced so as to prevent shifting of lading under conditions normally incident to there must be no leakage of Class 7 material from the conveyance; (iii) transportation; and, of particular interest, offeror to the carrier. Such instructions must be included with the shipping paper information." (iv) Specific instructions for maintenance of exclusive use shipment controls must be provided by the Also: 49 CFR 173.403 defines "Exclusive Use (also referred to in other regulations as "sole use" or "full loading and unloading are carried out in accordance with the direction of the consignor or consignee. The load") means sole use by a single consignor of a conveyance for which all initial, intermediate, and final consignor and the carrier must ensure that any loading or unloading is performed by personnel having radiological training and resources appropriate for safe handling of the consignment. The consignor must issue specific instructions in writing, for maintenance of exclusive use shipment controls, and include them with the shipping paper information provided to the carrier by the consignor." transferred to another conveyance (truck) [waste itself is never being handled in the transfer operation Clarification: If an exclusive use container shipment is transported by one conveyance (railcar) then just the container it is secured in, is being transferred] while in route to its final destination and all paperwork (including the "exclusive use" paperwork) is transferred and signed for properly, then does that shipment meet the intent of "exclusive use" as defined and regulated in the above references? Thank you again for your attention to this clarification request. Sincerely, Konneth M. Grumski Quality Assurance Manager MHF LOGISTICAL SOLUTIORS Kenneth M. Grumski Quality Assurance Manager Cranberry Township, PA 16066 800 Cranberry Woods Drive, Std. 450 Phone: 724.772.9800 Ext.5587 Mobile: 724.312.3031 Fax: 724.772.9850 www.mhfis.com Email: ken_grumski@mhfis.com#