MHF Logistical Solutions, Inc — Hazardous Materials Safety Interpretation

Page 1U.S. Department of Transportation Washington, D.C. 20590 400 Seventh St., S.W. Special Programs Research and Administration JUL 22 2004 Mr. C.S. Fossee Ref. No. 04-0072 MHF Logistical Solutions, Inc. 800 Cranberry Woods Drive, Suite 450 Cranberry Township, PA 16066-5218 Dear Mr. Fossee: definition of "exclusive use" as referred in $ 173.403 of the This is in response to your March 25, 2004 letter concerning the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). Your questions are paraphrased and answered as follows: out in Q1: Section 173.403 requires loading and unloading to be carried accordance with the "direction" of the consignor or oversight? consignee. Does this direction require direct, physical Al: Section 173.403 does not require the physical oversight of the shipment by the consignor or consignee. Q2: Section 173.403 requires personnel at the loading and unloading sites to have radiological training. What level of training is required to achieve this requirement? A2: handling of the consignment and therefore included in function Radiological training should be appropriate for the safe relating to the requirements of 10 CFR 19.12 and the following specific training required by subpart H of Part 172. Training functions the emplovee performs. Radiological trainina for topics may be provided to the extent such training addresses persons loading and unloading packages of radioactive materials should include discussions of the following topics: 1. Elementary radiological safety including basic terms, radiation exposure, dose rates and doses, radiation risks and minimization of exposures; 2. Transportation of radioactive materials including descriptions of packages normally handled and common radioactive packages; 3. Labels, radiation levels and placards; 040072 173.403#

Page 24. Required shipping paper information; 5. Controlling radiation exposures; 6. Good practices in handling radioactive material packages. I hope this satisfies your request. Sincerely, Johns. Gale Office of Hazardous Materials Standards Development Standards#

Page 3Mar 25 2004 3:28PM 17247729845 p.2 lOGISTICAL SOLUTIONS 800 Cranberry Woods Drive, Suite 450, Cranberry Township, PA 16066 Phone: 724.772.9800 Fax: 724.772.9850 Web: www.mhfls.com BAH §113.403 March 25, 2004 Mr. Ed Mazzullo Definitions Director of Hazardous Material Standards US Department of Transportation 04-0072 400 Seventh Street, S.W. Washington, DC 20590 Via Fax 202-366-3012 SUBJECT: Regulation Clarification Request Dear Mr. Mazzullo, We are seeking a clarification letter with regard to certain provisions contained in the definition of "exclusive use." We routinely perform work that involves shipment of radioactive (LSA) material, in strong tight intermodal containers used as either freight containers or bulk packages (Containers). Shipments that include rail transportation may require transferring Containers from truck to railcar, and/or from railcar to truck. We have received oral confirmation from Ms. Joan McIntyre at HazMat/DOT, which we understand was based on a review by Mr. Charles Betz, that the procedures we follow are in accordance with the applicable regulations. We are hereby requesting that confirmation in writing. which was confirmed by Ms. Mcintyre: The following summarizes a part of our compliance approach for such shipments, Exclusive use as defined in 49 CFR 173.403 requires loading and unloading to be carried out in accordance with the "direction" of the consignor or consignee. We le consignor but rather "direction" is satisfied by the consignor issuing writte ave been advised that "direction" does not require direct, physical oversight b instructions to the carrier as part of the shipping documentation. Exclusive use as defined in 49 CFR 173.403 requires personnel at the loading and loading sites to have radiological "training". We have been advised that t aining" requirement is for basic training, including safetv training, such railroad workers would be expected to possess.#

Page 4Mar 25 2004 3:28PM 17247729845 p.3 Mr. Ed Mazzullo Page Two March 25, 2004 compliance approach is correct. Please feel free to contact me at (724) 772-9800 if you This facsimile requests your written confirmation that our interpretation and require any additional information to support this conclusion. Vice President & General Counsel#