Idaho State Police — Hazardous Materials Safety Interpretation

Page 1U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration 1200 New Jersey Avenue, SE Washington, D.C. 20590 Mr. Thomas Wright Idaho State Police 5205 South 5th Street Pocatello, ID 83201 Ref. No.: 08-0132 Dear Mr. Wright: This is in response to your June 17, 2008 letter requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 17 1 - 180) applicable to radioactive materials. Your scenario involves the use of the phrase "Exclusive Use Shipment" on shipping papers. Your questions are paraphrased and answered below. Q1: Section 172.203(d)(9)(i) specifies, that for shipments that are required by the subchapter to be consigned as "exclusive use", the shipping paper description should include an indication that the shipment is consigned as "exclusive use". May a shipper satisfy this provision by including the phrase "No other items to be shipped with load or on l o a d on the shipping paper? A 1 : No. This phrase should include the term "Exclusive Use" to comply with § 172.203(d)(9)(i) when included with the shipping description for the Class 7 (radioactive) material. Q2: Do the HMR allow for the use of the phrase "Exclusive Use" or "Sole Use" for hazmat shipments other than radioactive materials (e.g., gasoline)? A2: Yes. The HMR do not prohibit the use of the phrase "Exclusive Use" or "Sole Use" when placed in the additional information portion of the shipping paper. Q3: Do the HNIR allow for the use of the phrase "Exclusive Use" or "Sole Use" for a non- hazardous material shipment? A3: Yes. The HMR only apply to the shipment of hazardous materials in commerce. Q4: Is the shipper required to provide exclusive use" shipping instructions to the carrier only when the shipment is required to be made as such?#

Page 2A4: No. Whenever a Class 7 (radioactive) material shipment is consigned as "exclusive use", the offeror must provide shipping instructions. Q5: If a shipment is not required to be shipped as "exclusive use", can the phrase "Exclusive Use Shipment" be included on the shipping paper? A5: Yes. However, whenever this phrase appears on the shipping paper for a Class 7 (radioactive) material shipment, the shipment must comply with all the applicable provisions specified for "exclusive use" shipments in Part 173, Subpart I. 4 6 : Is the shipper required to provide shipping instructions only when the shipment is required to be shipped as "exclusive use". A6: No. See response to question A4 above. I hope this information is helpll. If you have fixther questions, please do not hesitate to contact this office. Charles E. Betts Senior Transportation Regulations Specialist ce Hazardous Materials Standards#

Page 3From: T. Wright 5205 SO. 5' Ave. Yocatello, ID. 83204 Thanks for your rcsponse in regards to my qucstion on e~clusivc USB shipments. In sharing the response you put forth 1 and scvcrrtl others feet the nced for clarification on some of thc issucs with exclusive use shipments. I would likc to give some furtl~er details on the issue with rcspect to exclusi.ve usc shipments. We have a shipper in Idaho hat is sending cvcry single radioactive material shipment out with the words "Exclusive Use Shipment", Almost none of the shipments are rcquircd to be sent out as an excfusive use shipment but the company is choosing to send each and evcry shipment with the statcmcnt. The company is currently making up to seven or more shipments a wcck, all with the statcmcnt "Exclusive Use Shipment". In my d i n g of thc regulations the words "Exclusive Use Shipment" are not required to ever be placcd on a shipping paper. The words may be used in somc situations [as undcr 172.203 (d)(9)(ii)] as h e regulations permit the use only once. However 172.203(d)(9)(i) only requires an "some indication" the shipment is exclusive use. I can not find in the regulations any limit on what an indication would be. T would therefore think that if a shippcr puts 'Wo other items to bc shipped with load or on load," that would mcct thc indication requirements. Would this not bc correct? I also do not see anywhere in thc regulation where the usc of the words c'Exclusivc Use Shipment" or "Solc Use Shipment" are restrictive to any other hazardous or non hazards load as well. Under the regulations a load of gasoline could be shipped out with the statement "Exclusivc use shipment". Is this corrcct? S o I am asking for clarification on your response to the use of the words "Exclusive Use Shipment". I would think that the only time a shippcr needs to comply with thc rcgulcttions requiring shipping instructions or having to comply with the requirements in 1723.403(b) would bc for those shipments that rcquire shipments to madc as such. Ts this corrcct? Would it be correct to say that if a shipment is not required to be shipped as an exclusive use shipmcnt there would nothing irnpropcr with putting the statement "Exclusive Use Shipment" on a shipping paper no matter Zit was a radioactive material shipment or any othcr shipment? If this is the case, would it be corrcct to say a shipper who placcs the words on a ndioactive material shipm~mt 'Exclusive Use Shipment," wodd not have to providc#

Page 4I ~ 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 exclusive use inLstructions unlcss thc shipment was required to be shippcd as an excIusive use shipment'? I have included my original question below. Thank you. Thomas Wright 5205 So. 5&. Pocatello, 1D. 83204 What makes an "Exclusive Use Shipment" an exclusive use shipment? Under the 1H.M. mdioactivc matdd regulations exclusive use shipments are refmred to in scvcml places in ihe rebwlations. Sometimes d l e d as "sole use" shipments, exclusive usc shipments are required by parts, d l h e regulations such as in 173.427 with reference to LSAISCO shipmenis, 173,457 certain Nssile shipments, and 173.441 (b) which dcals wilh radiation levels abovc those tmuspofied in 1 73.4-4-1, (a). 49CFR 1 73.44 1 (a) limits the radiation lcvcl at 2 mSv/hr. on external surfaces of packagcs and limits the transport index to 10. 49CFR 172.203 (d)(9) has a requirement for shipments that are required by this subchapter to be consigned as cxdusivc use to have an indication that the shipment is consigned as exclusive use or the statement "Exclusive Use Shipment" on shipping papers. 1) If a shipment of radioactive matcritils is made ,that is not required to be sent out as m cxclusive use shipment, but the shipper has an indicatLion On the shipping papcrs that lhe shipmcnt is an cxclusive use shipment, such as thc words "no other nlslterial to be on this load" would the shipment then bccome an exclusive use shipment? Would the shipper then havc to provide "exclusive use" instructions as rcquircd under 173.441(c) and follow all exclusive use shipment regulations? 2) If the shipment of radioactive materials is made within the radiation limits 1 73.44 1 (a) and is not requircd to be sent out as an exclusi.ve use shipment and the shipper puts the war& "Exclusive Use Shipment" on the shipping paper, does the load then have to comply with all thc cxclusive use regulations such as that requircd under 173.441 (c)?#