{"operation":"document","citation":"04-0072","title":"MHF Logistical Solutions, Inc — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2004-07-22","effective_on":null,"summary":"04-0072 response to MHF Logistical Solutions, Inc concerning 173.403.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-04-0072.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-04-0072.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-04-0072","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2004/040072.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department\nof Transportation\nWashington, D.C. 20590\n400 Seventh St., S.W.\nSpecial Programs\nResearch and\nAdministration\nJUL 22 2004\nMr. C.S. Fossee\nRef. No. 04-0072\nMHF Logistical Solutions, Inc.\n800 Cranberry Woods Drive, Suite 450\nCranberry Township, PA 16066-5218\nDear Mr.\nFossee:\ndefinition of \"exclusive use\" as referred in $ 173.403 of the\nThis is in response to your March 25, 2004 letter concerning the\nHazardous Materials Regulations (HMR; 49 CFR Parts 171-180).\nYour questions\nare paraphrased\nand\nanswered as follows:\nout in\nQ1: Section 173.403 requires loading and unloading to be carried\naccordance with the \"direction\" of the consignor or\noversight?\nconsignee.\nDoes this direction require direct, physical\nAl: Section 173.403 does not require the physical oversight of\nthe shipment by the consignor or consignee.\nQ2: Section 173.403 requires personnel at the loading\nand\nunloading sites\nto have radiological training.\nWhat level of\ntraining is required to achieve this requirement?\nA2:\nhandling of the consignment and therefore included in function\nRadiological training should be appropriate for the safe\nrelating to the requirements of 10 CFR 19.12 and the following\nspecific training required by subpart H of Part 172.\nTraining\nfunctions the emplovee performs. Radiological trainina for\ntopics may be provided to the extent such\ntraining addresses\npersons loading and unloading packages of radioactive materials\nshould include discussions of the following topics:\n1.\nElementary radiological safety including basic terms,\nradiation exposure, dose rates and doses, radiation\nrisks and minimization of exposures;\n2.\nTransportation of radioactive materials including\ndescriptions of packages normally handled and common\nradioactive packages;\n3. Labels,\nradiation levels and placards;\n040072\n173.403\n\n<<<PAGE 2>>>\n\n4. Required shipping paper information;\n5.\nControlling radiation exposures;\n6. Good practices in handling radioactive material\npackages.\nI hope this satisfies your request.\nSincerely,\nJohns. Gale\nOffice of Hazardous Materials\nStandards Development\nStandards\n\n<<<PAGE 3>>>\n\nMar 25 2004 3:28PM\n17247729845\np.2\nlOGISTICAL SOLUTIONS\n800 Cranberry Woods Drive, Suite 450, Cranberry Township, PA 16066\nPhone: 724.772.9800 Fax: 724.772.9850 Web: www.mhfls.com\nBAH\n§113.403\nMarch 25, 2004\nMr. Ed Mazzullo\nDefinitions\nDirector of Hazardous Material Standards\nUS Department of Transportation\n04-0072\n400 Seventh Street, S.W.\nWashington, DC 20590\nVia Fax 202-366-3012\nSUBJECT: Regulation Clarification Request\nDear Mr. Mazzullo,\nWe are seeking a clarification letter with regard to certain provisions contained in the\ndefinition of \"exclusive use.\" We routinely perform work that involves shipment of\nradioactive (LSA) material, in strong tight intermodal containers used as either freight\ncontainers or bulk packages (Containers). Shipments that include rail transportation may\nrequire transferring Containers from truck to railcar, and/or from railcar to truck.\nWe have received oral confirmation from Ms. Joan McIntyre at HazMat/DOT, which\nwe understand was based on a review by Mr. Charles Betz, that the procedures we follow\nare in accordance with the applicable regulations. We are hereby requesting that\nconfirmation in writing.\nwhich was confirmed by Ms. Mcintyre:\nThe following summarizes a part of our compliance approach for such shipments,\nExclusive use as defined in 49 CFR 173.403 requires loading and unloading to be\ncarried out in accordance with the \"direction\" of the consignor or consignee. We\nle consignor but rather \"direction\" is satisfied by the consignor issuing writte\nave been advised that \"direction\" does not require direct, physical oversight b\ninstructions to the carrier as part of the shipping documentation.\nExclusive use as defined in 49 CFR 173.403 requires personnel at the loading and\nloading sites to have radiological \"training\". We have been advised that t\naining\" requirement is for basic training, including safetv training, such\nrailroad workers would be expected to possess.\n\n<<<PAGE 4>>>\n\nMar\n25 2004 3:28PM\n17247729845\np.3\nMr. Ed Mazzullo\nPage Two\nMarch 25, 2004\ncompliance approach is correct. Please feel free to contact me at (724) 772-9800 if you\nThis facsimile requests your written confirmation that our interpretation and\nrequire any additional information to support this conclusion.\nVice President & General Counsel","truncated":false,"body_characters":4403}