# SAIC Frederick Cancer Research — Hazardous Materials Safety Interpretation

- **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:** Not available
- **summary:** 02-0013 response to SAIC Frederick Cancer Research concerning 173.134.
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- **source url:** https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2002/020013.pdf
**body:**

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400 Seventh St., S.W.
Washington, D.C. 20590
Research and
pecial Program:
idministratior
FEB 2 2 2002
Joseph P. Kozlovac, M.S., CBSP, RBP
Ref. No. 02-0013
SAIC Frederick Cancer Research
Biological Safety Officer
and Development Center
Frederick, MD 21702-1201
Dear Mr. Kozlovac:
This responds to your December 10, 2001 letter requesting clarification on how to determine the
proper shipping name for environmental samples, including water samples, under the Hazardous
testing to determine whether or not a pathogen, such as Bacillus anthracis or Legionella
Materials Regulations (HMR; 49 CFR Parts 171-180). You stated the samples will be sent for
pneumophila, is present. Your company described these samples as infectious substances and
packages them accordingly. However, you state your company has not found any sample to
contain Bacillus anthracis and only a few samples over past several years to contain low levels of
Legionella pneumophila.
Section 172.101(c)(11) provides, in part, that a shipper may assign a tentative shipping name,
hazard class and identification number to a material sent for testing, based on the shipper's
tentative determination according to defining criteria in the regulations, hazard precedence
prescribed in § 173.2, and the shipper's knowledge of the material. In § 173.22, it is the shipper's
responsibility to determine the hazard class of the material to be transported. This Office does
not perform that function. Based on the information you provided, it is this Office's opinion that
these samples do not meet the definition of an infectious substance in § 173.134 because there is
no reason to know or strongly suspect they contain an infectious substance. If a sample does not
meet any other hazard class criteria in Part 173 and is not a hazardous substance, hazardous
waste or marine pollutant, then it is not subject to the HMR.
I hope this satisfies your request.
Sincerely,
INED
Transportation Regulations Specialist
Office of Hazardous Materials Standards
HILINI
173.134
020013

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Edmonson
SAIC Frederick
§173.134
An Employee-Ownad Company
7®
International Corporation
A Division of Science Applications
InfectionsSubstances
December 10, 2001
02-0013
Mr. Edward Mazzullo
DHM-10
Director, Office of Hazardous Materials Standard
400 7" Street, SW
Research and Special Programs Administration
Washington, DC 20590-0001
Dear Mr. Mazzullo:
As the Biological Safety Officer employed by SAIC-Frederick, a subsidiary of Science
Frederick, MD., I am responsible for overseeing the shipments of a variety of biological,
Applications International Corporation (SAIC) based at the NCl-Frederick on Ft. Detrick,
chemical, and radioactive dangerous goods on a daily basis. I am requesting
for the purpose of determining the presence or absence of pathogens such as Bacillus
clarification regarding the proper classification of shipments of environmental samples
interpretation of 49 CFR 173.134 and 173.196 we classify, package, mark and label
anthracis and Legionella pneumophila. Currentiy, based on our review and
these shipments of environmental samples as infectious substances. However, one of
to accept the samples if they are labeled as infectious substances. In regards to
the testing laboratories to whom the samples are sent has indicated that it does not wish
environmental sampling of B. anthracis, The NCI-Frederick has not been a target of
biological terrorism, nor have we received any threats. We are doing the monitoring as a
found to be negative for the presence of Bacillus anthracis, but monthly monitoring will
precaution in the wake of the recent terrorist attacks. So far, the samples have all been
continue to take place.
In the case of environmental water samples sent to be tested for the presence of L.
pneumophila, in most cases samples are negative however we have had samples in
which low levels of the organism have been found a few times over the past several
years.
I look forward to receiving a written clarification of the regulations regarding the shipment
of environmental samples that will be tested for the presence or absence of pathogens.
Sincerely,
Biological Safety Officer, SAIC-Frederick
Joseph P. Kozlovac, M.s., CBSP, RBP
NCI-Frederick Cancer Research and Development Center + P.O. Box B, Frederick, MD 21702-1201 + 301-846-1000
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