{"operation":"document","citation":"03-0045","title":"U.S. Army Center for Health Promotion and Preventive Medicine Entomological Sciences Program — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2003-04-07","effective_on":null,"summary":"03-0045 response to U.S. Army Center for Health Promotion and Preventive Medicine Entomological Sciences Program concerning 173.134.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-03-0045.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-03-0045.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-03-0045","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2003/030045.pdf","body":"<<<PAGE 1>>>\n\nf Transportatio\ns. Depanmer\n400 Seventh St., S.W.\nResearch and\nWashington, D.C. 20590\nSpecial Programs\nAdministration\nAPR - 7 2003\nMs. Sandra R. Evans\nBiologist\nRef. No. 03-0045\nU.S. Army Center for Health Promotion and Preventive Medicine\n5158 Blackhawk Road\nEntomological Sciences Program\nAberdeen Proving Ground, Maryland 21010-5403\nDear Ms. Evans:\nThis is in response to your February 4, 2003, e-mail requesting clarification of the Hazardous Materials\nRegulations (HMR; 49 CFR Parts 171-180) applicable to an infectious substance. Specifically, you\nrequest confirmation that dead mosquitoes, shipped by your center for analysis for the possible\npresence of the West Nile Virus (WNV), do not meet the definition of an infectious substance and are\nexcepted from the HMR.\nYou state mosquitoes are collected on Army installations across the continental United States, killed by\nfreezing, then shipped via Federal Express to one of four (4) entomology laboratories for analysis. The\nshipping procedures you utilize are enumerated in your e-mail. You state that the dead mosquitoes,\neven if infected with WNV, do not pose an infectious disease hazard to either individuals or\ncommunities in the event of a release. To your knowledge, the only means by which a person can\nbecome infected with WNV is: (1) to be bitten by a live mosquito that is carrying the virus; or (2) to\nwork with a live virus in a laboratory situation (i.e., culturing the virus or dissecting infected animal\ntissues, and then either inhaling aerosolized naked virus or acquiring the virus by direct injection through\na cut or needle stick). You request confirmation that dead mosquitoes shipped in the manner described\nare a risk group I category, are excepted from the HMR, and your current shipping procedures as\ndetailed in your e-mail are adequate.\nPlease find an enclosed copy of the August 14, 2002, Final Rule, Standards for Infectious Substances,\nunder Docket No. HM-226. Please refer to our website at http://hazmat.dot.gov under the Rules and\nRegulations icon, in the Rulemakings and Federal Register Notices section. The Final Rule amended\nthe definition of an infectious substance as found in the HMR. As defined in § 173.134, an infectious\nvirus or micro-organism (including its viruses, plasmids, or other genetic elements, if any) or a\nsubstance means a material known to contain or suspected of containing a pathogen. A pathogen is a\nproteinaceous infectious particle (prion) that has the potential to cause disease in human or animals.\nThis material must be assigned to a risk group. A risk group is a ranking of a micro-organism's ability\nto cause injury through disease. A risk group is defined by criteria developed by the World Health\nOrganization (WHO) based on the severity of the disease caused by the organism, the mode and\n1134\n030045\n\n<<<PAGE 2>>>\n\nrelative ease of transmission, the degree of risk to both an individual and community, and the\nreversibility of the disease through the availability of known and effective preventive agents and\ntreatments. Assignment to a risk group is based on known medical condition and history of the source\npatient or animal, endemic local conditions, symptoms of the source patient or animal, or professional\njudgement concerning individual circumstances of the source patient or animal. Infectious substances\nare subject to applicable requirements in 42 CFR Part 72, Interstate Shipment of Etiologic Agents.\nBased on the information in your e-mail, it appears the dead mosquitoes as specifically described can\nbe shipped as an infectious substance, risk group I. Provided the dead mosquitoes are not subject to\nthe applicable requirements in 42 CRF 72, they would not be regulated by the HMR. In addition, your\nshipping procedures as described appear to be adequate.\nI hope this information is helpful. If we can be of further assistance, do not hesitate to contact us.\nSincerely,\nDelmer F. Billings\nChief, Standards Development\nOffice of Hazardous Materials Standards\n\n<<<PAGE 3>>>\n\nFoster\nPage 1 of 1\n• INFOCNTR\n173.134\nFrom: Evans, Sandra R Ms USACHPPM\n03-00\nExceptions\nSent:\nTuesday, February 04, 2003 5:22 PM\nTo:\n'infocntr@rspa.dot.gov'\nSubject: Request for Written Determination\nHealth Promotion and Preventive Medicine (USACHPPM), Aberdeen Proving Ground, MD, and Susan Gorsky, Office of\n1. Reference telephone conversation between Sandra Evans, Entomological Sciences Program (ESP), U.S. Army Center for\nHazardous Materials Standards, Research and Special Programs Administration, Department of Transportation, 4 February\n2003, subject: Do dead mosquitoes need to be shipped in accordance with DOT infectious materials regulations?\nMD; Fort Meade, MD; Fort McPherson, GA; and Fort Lewis, WA. As part of an Army-wide West Nile Virus (WNV)\n2. The USACHPPM has four entomology laboratories, one each located at the following sites: Aberdeen Proving Ground,\nmonitoring program, mosquitoes are collected on Army installations across the continental United States, killed by freezing,\nthen shipped by Federal Express back to our laboratories for analysis for the possible presence of West Nile Virus DNA. The\ndead mosquitoes are currently shipped in the following manner:\nb.\na.\nOne to 25 dead, dry mosquitoes are placed in small (approximately 1.5 milliliter) plastic snap-cap vials;\nc.\nNo other substances, dry or liquid, other than the mosquito(s) are put in the vial;\nThe vials are placed in a small cardboard box designed with cardboard dividers on the interior that separate\ne.\nd.\nindividual vials;\nThe cardboard box is placed within a plastic: Ziploc bag, which is then zipped closed;\nf.\nThe bag is placed inside a Styrofoam cooler containing refrigerant packs;\nNo hazard labeling is placed on the outside of the cardboard box.\nThe cooler is placed inside a cardboard box and sealed.\nindividuals or communities. The only means we know of by which a person can become infected with WNV is to either be\n3. We believe that these dead mosquitoes, even if infected with WNV, do not pose an infectious disease hazard to either\nbitten by a live mosquito that is carrying the virus, or by working with live virus in a laboratory situation (i.e., culturing the\ninjection through a cut or needle stick). Furthermore, in our shipping situation, we feel that the likelihood for any of the dead\nvirus or dissecting infected animal tissues, and then either inhaling aerosolized naked virus or acquiring the virus by direct\nremote. Even if dead, infected mosquitoes were released, however remote the possibility, there would be negligible risk to\nmosquitoes to be released by some sort of severe mishandling/damage from the many layers of packaging is extremely\nindividuals.\nU.S. military installations to our USACHPPM entomology laboratories fall into category Risk Group 1 based on a negligible\n4. We respectfully request a written reply and authorization to the effect that the dead mosquitoes shipped from continental\nin the same manner as detailed in paragraph 2, above.\nhealth impact; that they are thereby excepted from all HMR requirements; and that we may continue to ship our mosquitoes\nBest regards,\nBiologist\nSandra R. Evans\nEntomological Sclences Program\nUS Army Center for Health Promotion and Prevention Medicine\n5158 Blackhawk Road\nDSN 584-3613: (410) 436-3813; FAX -2037\nAberdeen Proving Ground, Maryland 21010-5403\n2/5/03","truncated":false,"body_characters":7383}