{"operation":"document","citation":"03-0061","title":"MHF Logistical Solutions — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2003-08-28","effective_on":null,"summary":"03-0061 response to MHF Logistical Solutions concerning 173.403.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-03-0061.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-03-0061.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-03-0061","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2003/030061.pdf","body":"<<<PAGE 1>>>\n\nof Transportation\nU.S. Department\n400 Seventh St., S.W.\nSpecial Programs\nResearch and\nWashington, D.C. 20590\nAdministration\nAUG 2 8 2003\nMr. Kenneth M. Grumski\n800 Cranberry Woods Dr., Suite 450\nMHF Logistical Solutions\nRef. No. 03-0061\nCranberry Township, PA\n. 16066\nDear Mr. Grumski:\nThis is in response to your request for clarification of the term\nas defined in 49 CFR 173.403.\nask whether under § 173.427 (a) (6) (i) a container shipment of\nSpecifically, you\nand transferred to a motor vehicle meets the definition of\n7 (radioactive) materials that is transported by railcar\n\"exclusive use\" in $ 173.403.\nand\nSection 173.427 (a) (6) applies to low specific activity materials\nexclusive use.\nsurface contaminated objects required to be consigned as\nif all applicable requirements are met, your shipment meets the\nBased on the information provided in your letter,\ndefinition of \"exclusive use\" in § 173.403.\nshipment from a railcar to a motor vehicle does not preclude the\nTransferring a\nClass 7 materials are contained in a freight container as defined\nshipment from meeting the definition provided the packages of\nin § 171.8.\nquestions, please do not hesitate to contact this office.\nI hope this information is helpful. If you have additional\nSincerely,\ntalle z, Michell\nHattie I. Mitchell, Chief\nOffice of Hazardous Materials Standards\nRegulatory Review\nand Reinvention\n173.403\n030061\n\n<<<PAGE 2>>>\n\nSHELOGISTICAI SOLUTIONS\n80D Cranberry Woods Drive, Suite 450, Cranberry Township, PA 16066\nPhone: 724.772.9800 Fax: 724.772.985D Web: www.mhfls.com\nMcIntyre\n2/17/03\n§173.403\nMichele M. Sampson\n$173.427(a6Xt)\nRadioactive Materials Enforcement Program Manager\nUS Department of Transportation\nDefinitions\nRoom 8436\n400 Seventh Street, S.W.\nWashington D.C. 20590-0001\n[15587\n03-0061\nRe: Clarification Request\nDear Ms. Sampson:\nrequest for clarification. Please clarify the following 49 CFR regulations about exclusive use in 49 CFR\nPursuant to our phone conversation on 2/13/03 about \"exclusive use\", I am following up with a formal\n173.427(a)(6)(i) \"Shipments must be loaded by the consignor and unloaded by the consignee from the\nconveyance or freight container in which originally loaded;\nconveyance is the packaging,\n(ii) There must be no loose Class 7 (radioactive) material in the conveyance, however, when the\nPackages must be braced so as to prevent shifting of lading under conditions normally incident to\nthere must be no leakage of Class 7 material from the conveyance; (iii)\ntransportation; and, of particular interest,\nofferor to the carrier. Such instructions must be included with the shipping paper information.\"\n(iv) Specific instructions for maintenance of exclusive use shipment controls must be provided by the\nAlso: 49 CFR 173.403 defines \"Exclusive Use (also referred to in other regulations as \"sole use\" or \"full\nloading and unloading are carried out in accordance with the direction of the consignor or consignee. The\nload\") means sole use by a single consignor of a conveyance for which all initial, intermediate, and final\nconsignor and the carrier must ensure that any loading or unloading is performed by personnel having\nradiological training and resources appropriate for safe handling of the consignment. The consignor must\nissue specific instructions in writing, for maintenance of exclusive use shipment controls, and include\nthem with the shipping paper information provided to the carrier by the consignor.\"\ntransferred to another conveyance (truck) [waste itself is never being handled in the transfer operation\nClarification: If an exclusive use container shipment is transported by one conveyance (railcar) then\njust the container it is secured in, is being transferred] while in route to its final destination and all\npaperwork (including the \"exclusive use\" paperwork) is transferred and signed for properly, then does\nthat shipment meet the intent of \"exclusive use\" as defined and regulated in the above references?\nThank you again for your attention to this clarification request.\nSincerely,\nKonneth M. Grumski\nQuality Assurance Manager\nMHF LOGISTICAL SOLUTIORS\nKenneth M. Grumski\nQuality Assurance Manager\nCranberry Township, PA 16066\n800 Cranberry Woods Drive, Std. 450\nPhone: 724.772.9800 Ext.5587\nMobile: 724.312.3031\nFax: 724.772.9850\nwww.mhfis.com\nEmail: ken_grumski@mhfis.com","truncated":false,"body_characters":4342}