{"operation":"document","citation":"08-0132","title":"Idaho State Police — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2008-09-10","effective_on":null,"summary":"08-0132 response to Idaho State Police concerning 172.203.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-08-0132.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-08-0132.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-08-0132","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2008/080132.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department\nof Transportation\nPipeline and Hazardous\nMaterials Safety\nAdministration\n1200 New Jersey Avenue, SE\nWashington, D.C. 20590\nMr. Thomas Wright\nIdaho State Police\n5205 South 5th Street\nPocatello, ID 83201\nRef. No.: 08-0132\nDear Mr. Wright:\nThis is in response to your June 17, 2008 letter requesting clarification of the Hazardous\nMaterials Regulations (HMR; 49 CFR Parts 17 1 - 180) applicable to radioactive materials.\nYour scenario involves the use of the phrase \"Exclusive Use Shipment\" on shipping papers.\nYour questions are paraphrased and answered below.\nQ1: Section 172.203(d)(9)(i) specifies, that for shipments that are required by the subchapter\nto be consigned as \"exclusive use\", the shipping paper description should include an\nindication that the shipment is consigned as \"exclusive use\". May a shipper satisfy this\nprovision by including the phrase \"No other items to be shipped with load or on l o a d on the\nshipping paper?\nA 1 : No. This phrase should include the term \"Exclusive Use\" to comply with\n§ 172.203(d)(9)(i) when included with the shipping description for the Class 7 (radioactive)\nmaterial.\nQ2: Do the HMR allow for the use of the phrase \"Exclusive Use\" or \"Sole Use\" for hazmat\nshipments other than radioactive materials (e.g., gasoline)?\nA2: Yes. The HMR do not prohibit the use of the phrase \"Exclusive Use\" or \"Sole Use\"\nwhen placed in the additional information portion of the shipping paper.\nQ3: Do the HNIR allow for the use of the phrase \"Exclusive Use\" or \"Sole Use\" for a non-\nhazardous material shipment?\nA3: Yes. The HMR only apply to the shipment of hazardous materials in commerce.\nQ4: Is the shipper required to provide exclusive use\" shipping instructions to the carrier only\nwhen the shipment is required to be made as such?\n\n<<<PAGE 2>>>\n\nA4: No. Whenever a Class 7 (radioactive) material shipment is consigned as \"exclusive use\",\nthe offeror must provide shipping instructions.\nQ5: If a shipment is not required to be shipped as \"exclusive use\", can the phrase \"Exclusive\nUse Shipment\" be included on the shipping paper?\nA5: Yes. However, whenever this phrase appears on the shipping paper for a Class 7\n(radioactive) material shipment, the shipment must comply with all the applicable provisions\nspecified for \"exclusive use\" shipments in Part 173, Subpart I.\n4 6 : Is the shipper required to provide shipping instructions only when the shipment is\nrequired to be shipped as \"exclusive use\".\nA6: No. See response to question A4 above.\nI hope this information is helpll. If you have fixther questions, please do not hesitate to\ncontact this office.\nCharles E. Betts\nSenior Transportation Regulations Specialist\nce Hazardous Materials Standards\n\n<<<PAGE 3>>>\n\nFrom: T. Wright\n5205 SO. 5' Ave.\nYocatello, ID. 83204\nThanks for your rcsponse in regards to my qucstion on e~clusivc USB shipments. In\nsharing the response you put forth 1 and scvcrrtl others feet the nced for clarification on\nsome of thc issucs with exclusive use shipments.\nI would likc to give some furtl~er details on the issue with rcspect to exclusi.ve usc\nshipments. We have a shipper in Idaho hat is sending cvcry single radioactive material\nshipment out with the words \"Exclusive Use Shipment\", Almost none of the shipments\nare rcquircd to be sent out as an excfusive use shipment but the company is choosing to\nsend each and evcry shipment with the statcmcnt. The company is currently making up\nto seven or more shipments a wcck, all with the statcmcnt \"Exclusive Use Shipment\".\nIn my d i n g of thc regulations the words \"Exclusive Use Shipment\" are not required to\never be placcd on a shipping paper. The words may be used in somc situations [as undcr\n172.203 (d)(9)(ii)] as h e regulations permit the use only once. However 172.203(d)(9)(i)\nonly requires an \"some indication\" the shipment is exclusive use. I can not find in the\nregulations any limit on what an indication would be. T would therefore think that if a\nshippcr puts 'Wo other items to bc shipped with load or on load,\" that would mcct thc\nindication requirements. Would this not bc correct?\nI also do not see anywhere in thc regulation where the usc of the words c'Exclusivc Use\nShipment\" or \"Solc Use Shipment\" are restrictive to any other hazardous or non hazards\nload as well. Under the regulations a load of gasoline could be shipped out with the\nstatement \"Exclusivc use shipment\". Is this corrcct?\nS o I am asking for clarification on your response to the use of the words \"Exclusive Use\nShipment\". I would think that the only time a shippcr needs to comply with thc\nrcgulcttions requiring shipping instructions or having to comply with the requirements in\n1723.403(b) would bc for those shipments that rcquire shipments to madc as such. Ts this\ncorrcct?\nWould it be correct to say that if a shipment is not required to be shipped as an exclusive\nuse shipmcnt there would nothing irnpropcr with putting the statement \"Exclusive Use\nShipment\" on a shipping paper no matter Zit was a radioactive material shipment or any\nothcr shipment?\nIf this is the case, would it be corrcct to say a shipper who placcs the words on a\nndioactive material shipm~mt 'Exclusive Use Shipment,\" wodd not have to providc\n\n<<<PAGE 4>>>\n\nI ~ I ~ Y - U Y - C U U U ( ~ K I I I 4: u I l u n n u 3 1 n l t P u L I L ~ K3 P H I K U L\nexclusive use inLstructions unlcss thc shipment was required to be shippcd as an excIusive\nuse shipment'?\nI have included my original question below.\nThank you.\nThomas Wright\n5205 So. 5&.\nPocatello, 1D. 83204\nWhat makes an \"Exclusive Use Shipment\" an exclusive use shipment?\nUnder the 1H.M. mdioactivc matdd regulations exclusive use shipments are refmred to\nin scvcml places in ihe rebwlations.\nSometimes d l e d as \"sole use\" shipments, exclusive usc shipments are required by parts,\nd l h e regulations such as in 173.427 with reference to LSAISCO shipmenis, 173,457\ncertain Nssile shipments, and 173.441 (b) which dcals wilh radiation levels abovc those\ntmuspofied in 1 73.4-4-1, (a). 49CFR 1 73.44 1 (a) limits the radiation lcvcl at 2 mSv/hr. on\nexternal surfaces of packagcs 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 cxdusivc use to have an indication that the shipment is\nconsigned as exclusive use or the statement \"Exclusive Use Shipment\" on shipping\npapers.\n1) If a shipment of radioactive matcritils is made ,that is not required to be sent out as m\ncxclusive use shipment, but the shipper has an indicatLion On the shipping papcrs that lhe\nshipmcnt is an cxclusive use shipment, such as thc words \"no other nlslterial to be on this\nload\" would the shipment then bccome an exclusive use shipment? Would the shipper\nthen havc to provide \"exclusive use\" instructions as rcquircd under 173.441(c) and follow\nall exclusive use shipment regulations?\n2) If the shipment of radioactive materials is made within the radiation limits 1 73.44 1 (a)\nand is not requircd to be sent out as an exclusi.ve use shipment and the shipper puts the\nwar& \"Exclusive Use Shipment\" on the shipping paper, does the load then have to\ncomply with all thc cxclusive use regulations such as that requircd under 173.441 (c)?","truncated":false,"body_characters":7238}