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Interpretation Response #08-0013 ([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:

Company Name: Idaho State Police

Individual Name: Mr. Thomas Wright

Location State: ID Country: US

View the Interpretation Document

Response text:

March 26, 2008

 

Mr. Thomas Wright

Idaho State Police

5205 South 5th Street

Pocatello, ID 83201

Ref. No.: 08-0013

Dear Mr. Wright:

This is in response to your January 3, 2008 letter requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to radioactive materials. Your scenario involves "exclusive use" shipments of radioactive materials. Your questions are paraphrased and answered below.

Q1: Would a non-exclusive use shipment of radioactive material become an "exclusive use" shipment if the words, "no other material to be on this load" are added to the shipping paper?

A1: No. The words, "no other material to be on this load" placed on a shipping paper are not enough to declare a radioactive material shipment as "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 provide to the initial carrier specific written instructions for maintenance of exclusive use shipment controls, including the vehicle survey requirement of § 173.443 (c) as applicable, and include these instructions with the shipping paper information provided to the carrier by the consignor."

Q2: Would the use of the words "exclusive use" on a shipping paper constitute a certification that the shipment is in compliance with all of the applicable exclusive use provisions in the HMR?

A2: Yes. By using the words "exclusive use" on a shipping paper, you are certifying that the shipment is in compliance with all of the applicable requirements of "exclusive use" as defined in § 173.403. Further, as specified in § 172.203(d)(9), use of the words "exclusive use" on a shipping paper are an indication that the shipment is consigned as "exclusive use."

Q3: If the answer to Q2. is yes, must a shipment that remains within the radioactive levels of § 173.441(a) meet all of the "exclusive use" provisions in the HMR, such as those specified under § 173.441(c)?

A3: No. In accordance with the requirements of § 173.441(b), a package that exceeds the radiation level limits specified in § 173.441(a) must be transported as an exclusive use shipment. Therefore, a Class 7 (radioactive) material shipment that remains within the radioactive levels of § 173.441(a) is not required to be transported as "exclusive use".

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

Sincerely,

Hattie L. Mitchell

Chief, Regulatory Review and Reinvention

Office of Hazardous Materials Standards

173.427 173.443

 

 

 

Regulation Sections

Section Subject
173.427 Transport requirements for low specific activity (LSA) Class 7 (radioactive) material and surface contaminated objects (SCO)
173.443 Contamination control