Interpretation Response #03-0061 ([MHF Logistical Solutions] [Mr. Kenneth M. Grumski])

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

Interpretation Response Details

Response Publish Date: 08/28/2003

Company Name: MHF Logistical Solutions

Individual Name: Mr. Kenneth M. Grumski

Location State: PA Country: US

View the Interpretation Document

Response text:

Aug 28, 2003

Mr. Kenneth M. Grumski                Ref. No. 03-0061
MHF Logistical Solutions
800 Cranberry Woods Dr., Suite 450
Cranberry Township, PA 16066

Dear Mr. Grumski:

This is in response to your request for clarification of the term "exclusive use" as defined in 49 CFR 173.403. Specifically, you ask whether under § 173.427(a) (6) (i) a container shipment of Class 7 (radioactive) materials that is transported by railcar and transferred to a motor vehicle meets the definition of "exclusive use" in § 173.403.
Section 173.427(a) (6) applies to low specific activity materials and surface contaminated objects required to be consigned as exclusive use. Based on the information provided in your letter, if all applicable requirements are met, your shipment meets the definition of "exclusive use" in § 173.403. Transferring a shipment from a railcar to a motor vehicle does not preclude the shipment from meeting the definition provided the packages of Class 7 materials are contained in a freight container as defined in § 171.8.

I hope this information is helpful. If you have additional questions, please do not hesitate to contact this office.

Sincerely,

Hattie L. Mitchell, Chief
Regulatory Review and Reinvention
Office of Hazardous Materials Standards

Regulation Sections