Interpretation Response #08-0132 ([Idaho State Police] [Mr. Thomas Wright])

Below is the interpretation response detail and a list of regulations sections applicable to this response.

Interpretation Response Details

Response Publish Date: 09/10/2008

Company Name: Idaho State Police

Individual Name: Mr. Thomas Wright

Location State: ID Country: US

View the Interpretation Document

Response text:

September 8, 2008

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 171-180) 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 load" on the shipping paper?

A1: 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 HMR 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?

A4: 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.

Q6: 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 helpful. If you have further questions, please do not hesitate to contact this office.

Sincerely,

Charles E. Betts

Senior Transportation Regulations Specialist

Office Hazardous Materials Standards

172.203

Regulation Sections