{"operation":"document","citation":"02-0013","title":"SAIC Frederick Cancer Research — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2002-02-22","effective_on":null,"summary":"02-0013 response to SAIC Frederick Cancer Research concerning 173.134.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-02-0013.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-02-0013.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-02-0013","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2002/020013.pdf","body":"<<<PAGE 1>>>\n\n400 Seventh St., S.W.\nWashington, D.C. 20590\nResearch and\npecial Program:\nidministratior\nFEB 2 2 2002\nJoseph P. Kozlovac, M.S., CBSP, RBP\nRef. No. 02-0013\nSAIC Frederick Cancer Research\nBiological Safety Officer\nand Development Center\nFrederick, MD 21702-1201\nDear Mr. Kozlovac:\nThis responds to your December 10, 2001 letter requesting clarification on how to determine the\nproper shipping name for environmental samples, including water samples, under the Hazardous\ntesting to determine whether or not a pathogen, such as Bacillus anthracis or Legionella\nMaterials Regulations (HMR; 49 CFR Parts 171-180). You stated the samples will be sent for\npneumophila, is present. Your company described these samples as infectious substances and\npackages them accordingly. However, you state your company has not found any sample to\ncontain Bacillus anthracis and only a few samples over past several years to contain low levels of\nLegionella pneumophila.\nSection 172.101(c)(11) provides, in part, that a shipper may assign a tentative shipping name,\nhazard class and identification number to a material sent for testing, based on the shipper's\ntentative determination according to defining criteria in the regulations, hazard precedence\nprescribed in § 173.2, and the shipper's knowledge of the material. In § 173.22, it is the shipper's\nresponsibility to determine the hazard class of the material to be transported. This Office does\nnot perform that function. Based on the information you provided, it is this Office's opinion that\nthese samples do not meet the definition of an infectious substance in § 173.134 because there is\nno reason to know or strongly suspect they contain an infectious substance. If a sample does not\nmeet any other hazard class criteria in Part 173 and is not a hazardous substance, hazardous\nwaste or marine pollutant, then it is not subject to the HMR.\nI hope this satisfies your request.\nSincerely,\nINED\nTransportation Regulations Specialist\nOffice of Hazardous Materials Standards\nHILINI\n173.134\n020013\n\n<<<PAGE 2>>>\n\nEdmonson\nSAIC Frederick\n§173.134\nAn Employee-Ownad Company\n7®\nInternational Corporation\nA Division of Science Applications\nInfectionsSubstances\nDecember 10, 2001\n02-0013\nMr. Edward Mazzullo\nDHM-10\nDirector, Office of Hazardous Materials Standard\n400 7\" Street, SW\nResearch and Special Programs Administration\nWashington, DC 20590-0001\nDear Mr. Mazzullo:\nAs the Biological Safety Officer employed by SAIC-Frederick, a subsidiary of Science\nFrederick, MD., I am responsible for overseeing the shipments of a variety of biological,\nApplications International Corporation (SAIC) based at the NCl-Frederick on Ft. Detrick,\nchemical, and radioactive dangerous goods on a daily basis. I am requesting\nfor the purpose of determining the presence or absence of pathogens such as Bacillus\nclarification regarding the proper classification of shipments of environmental samples\ninterpretation of 49 CFR 173.134 and 173.196 we classify, package, mark and label\nanthracis and Legionella pneumophila. Currentiy, based on our review and\nthese shipments of environmental samples as infectious substances. However, one of\nto accept the samples if they are labeled as infectious substances. In regards to\nthe testing laboratories to whom the samples are sent has indicated that it does not wish\nenvironmental sampling of B. anthracis, The NCI-Frederick has not been a target of\nbiological terrorism, nor have we received any threats. We are doing the monitoring as a\nfound to be negative for the presence of Bacillus anthracis, but monthly monitoring will\nprecaution in the wake of the recent terrorist attacks. So far, the samples have all been\ncontinue to take place.\nIn the case of environmental water samples sent to be tested for the presence of L.\npneumophila, in most cases samples are negative however we have had samples in\nwhich low levels of the organism have been found a few times over the past several\nyears.\nI look forward to receiving a written clarification of the regulations regarding the shipment\nof environmental samples that will be tested for the presence or absence of pathogens.\nSincerely,\nBiological Safety Officer, SAIC-Frederick\nJoseph P. Kozlovac, M.s., CBSP, RBP\nNCI-Frederick Cancer Research and Development Center + P.O. Box B, Frederick, MD 21702-1201 + 301-846-1000","truncated":false,"body_characters":4340}