{"operation":"document","citation":"08-0013","title":"Idaho State Police — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2008-03-26","effective_on":null,"summary":"08-0013 response to Idaho State Police concerning 173.427, 173.443.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-08-0013.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-08-0013.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-08-0013","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2008/080013.pdf","body":"<<>>\n\nU.S. Department\nof Transportation\nPipeline and Hazardous\nMaterials Safety\nAdministration\n1200 New Jersey Avenue, SE\nWashington, D.C. 20590\nMAR 2 8 2188\nMr. Thomas Wright\nIdaho State Police\n5205 South 5th Street\nPocatello, ID 83201\nRef. No.: 08-001 3\nDear Mr. Wright:\nThis is in response to your January 3,2008 letter requesting clarification of the Hazardous\nMaterials Regulations (HMR; 49 CFR Parts 171-1 80) applicable to radioactive materials.\nYour scenario involves \"exclusive use\" shipments of radioactive materials. Your questions\nare paraphrased and answered below.\nQ1: Would a non-exclusive use shipment of radioactive material become an \"exclusive use\"\nshipment if the words, \"no other material to be on this load\" are added to the shipping paper?\nA1 : No. The words, \"no other material to be on this load\" placed on a shipping paper are not\nenough to declare a radioactive material shipment as \"exclusive use.\" As defined in\n$ 173.403, \"Exclusive use means sole use by a single consignor of a conveyance for which all\ninitial, intermediate, and final loading and unloading are carried out in accordance with the\ndirection 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 provide to the initial\ncarrier specific written instructions for maintenance of exclusive. use shipment controls,\nincluding the vehicle survey requirement of $ 173.443 (c) as applicable, and include these\ninstructions with the shipping paper information provided to the carrier by the consignor.\"\n42: Would the use of the words \"exclusive use\" on a shipping paper constitute a certification\nthat the shipment is in compliance with all of the applicable exclusive use provisions in the\nHMR?\nA2: Yes. By using the words \"exclusive use\" on a shipping paper, you are certifying that the\nshipment is in compliance with all of the applicable requirements of \"exclusive use\" as\ndefined in $ 173.403. Further, as specified in $ 172.203(d)(9), use of the words \"exclusive\nuse\" on a shipping paper are an indication that the shipment is consigned as \"exclusive use.\"\n\n<<>>\n\n43: If the answer to 42. is yes, must a shipment that remains within the radioactive levels of\n8 173.441 (a) meet &l of the \"exclusive use\" provisions in the HMR, such as those specified\nunder § 1 73.44 1 (c)?\nA3: No. In accordance with the requirements of § 173.44 1 (b), a package that exceeds the\nradiation level limits specified in fj 173.441(a) must be transported as an exclusive use\nshipment. Therefore, a Class 7 (radioactive) material shipment that remains within the\nradioactive levels of 5 173.441 (a) is not required to be transported as \"exclusive use\".\nI hope this information is helpful. If you have further questions, please do not hesitate to\ncontact this office.\nHattie L. Mitchell\nChief, Regulatory Review and Reinvention\nOffice of Hazardous Materials Standards\n\n<<>>\n\nxfle~Y1/1 wm-\n3 11314~7\n6 - /73.&3 A\nDrakeford, Carolyn \nFrom:\nSent:\nTo:\nSubject:\nINFOCNTR cPHMSA>\nThursday, January 03,2008 1 1 : 1 1 AM\nDrakeford, Carolyn cPHMSA>\nFW: Information Center Comments/Questions\nRequest for written Interpretation. 1/2\n----- Original Message-----\nFrom: thomas.wright@isp.idaho.gov [mailto:thomas.wright@isp.idaho.gov]\nSent: Wednesday, January 02, 2008 3:55 PM\nTo: INFOCNTR \nSubject: Information Center Comrnents/Questions\nBelow is the result of your feedback form. It was submitted by Thomas R. Wright\n(thomas.wright@isp.idaho.gov) on Wednesday, January 2, 2008 at 15:54:30.\nName: Thomas R. Wright\nCategory:\n173.476)\nShippers-General Requirements for Shipments and Packagings (Sections 173.1 -\nOrganization: Idaho State Police\nStreet: 5205 So. 5th St\nCity: Pocatello\nState: Idaho\nZip Code: 83201\nPhone: 208-236-6466\nFax: 208-236-6068\nComments: Thanks for your time I would like to have an answer back in writing- E-Mail\nwould be fine. I have called and left a message at 202-366-4545 but have not had a call\nback.\nMy question(s) is as fol1ows:What makes an \"Excl.usive Use ShipmentN an exclusive use\nshipment?\nUnder the H.M. radioactive material regulations exclusive use shipments are referred to\nin several places in the regulations.\nSometimes called as \"sole use\" shipments, exclusive use shipments are required by parts,\nof the regulations such as in 173.427 wi.th reference to LSA/SCO shipments, 173.457\ncertain Fissile shipments, and 173.441(h) which deals with radiation levels above those\ntransported in 173.441(a). 49CFR 173.441 (a) limits the radiation level at 2 mSv/hr. on\nexternal surfaces of packages and limits the transport index to 10.\n49CFR 172.203 (d) ( 9 ) has a requirement for shipments that are \"required\" by this\nsubchapter to be consigned as exclusive use to have an indication that the shipment is\nconsigned as exclusive use or the statement \"Exclusive Use ShipmentN on shipping papers.\n1) If a shipment of radioactive materials is made that is not required to be sent out as\nan exclusive use shipment, but the shipper has an indication on the shipping papers that\nthe shipment is an exclusive use shipment, such as the words \"no other material to be on\n1\n\n<<>>\n\nthis load\" would the shipment then become an exclusive use shipment? Would the shipper\nthen have to provide \"exclusive use\" instructions as required under 173.441(c) and follow\nall exclusive use shipment regulations?\n2) If the shipment of radioactive materials is made within the radiation limits of\n173.441(a) and is not required to be sent out as an exclusive use shipment and the shipper\nputs the words \"Exclusive Use Shipment\" on the shipping paper, does the load then have to\ncomply with all the exclusive use regulations such as that required under 173.441(c)?\nThanks","truncated":false,"body_characters":5867}