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Interpretation Response #00-0329 ([Regulatory Resources, Inc.] [Mr. Wade A. Winters])

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

Interpretation Response Details

Response Publish Date:

Company Name: Regulatory Resources, Inc.

Individual Name: Mr. Wade A. Winters

Location State: WA Country: US

View the Interpretation Document

Response text:

March 3, 2001


Mr. Wade A. Winters                          Ref.  No. 00-0329
Regulatory Resources, Inc.
240 Joshua Road
Kennewick, WA 99338

Dear Mr. Winters:

This is in response to Your letter dated November 1, 2000, regarding the definition of the term “exclusive use” as it appears in 49 CFR 173.403.

In the situation presented in your letter, a single vehicle picks up radioactive materials at various points from various government subcontractors acting on the government’s behalf Each shipment loaded at the various locations has its own shipping paper prepared by the subcontractor on behalf of the specific agency of the U.S. government.  Though all materials within the entire vehicle are consigned to the same destination, you ask if the material can be consigned to more than one final destination as long as exclusive use controls maintenance instructions are met.  Packages of radioactive materials shipped under the provisions of § 173.427(b)(3) are required to be shipped “exclusive use.”

As defined in § 173.403, exclusive use means sole use by a single consignor of a conveyance for which all initial, intermediate, and final loading and unloading are carried out in accordance with the direction of the consignor or consignee.  The consignor and the carrier must ensure that any loading or unloading is performed by personnel having radiological training and resources appropriate for safe handling of the consignment.  The consignor must issue specific instructions in writing, for maintenance of exclusive use shipment controls, and include them with the shipping paper information provided to the carrier.

If a U.S. government agency arranges for the pickup of radioactive material packages from one or more facilities for transport as a single shipment by a common or contract motor carrier, it is the opinion of this office that the government agency in effect becomes the “single consignor,” having exclusive use of the transport vehicle. 

However, it is important that the government agency establish itself on the shipping paper documentation as the “single consignor,” and appropriate instructions be provided to the carrier for maintenance of exclusive use shipment controls.  In addition, any loading or unloading that is performed by the subcontractors must be carried out in accordance with direction of the U.S. government agency.  A shipment of radioactive material under the exclusive use of a single consignor may be consigned to more than one final destination.

I hope this satisfies your request.



Thomas G. Allan
Senior Transportation Regulations Specialist
Office of Hazardous Materials Standards


Regulation Sections

Section Subject
173.403 Definitions