{"operation":"document","citation":"03-0208","title":"FAA — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2004-04-09","effective_on":null,"summary":"03-0208 response to FAA concerning 173.134.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-03-0208.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-03-0208.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-03-0208","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2003/030208.pdf","body":"<<<PAGE 1>>>\n\n•\nMemorandum\nU.S. Department\nof Transportation\nResearch and\nSpecial Programs\nAdministration\nDate\nAPR - 9 2004\nReply to Altn of\nSubject\nDefinition of a Diagnostic Specimen\nFrom\nEdwildf Mazild, Director\nMRSPA Office of Hazardous Materials Safety\nReference No. 03-0208\nTo:\nBill Wilkening\nManager, ADG-1, FAA\nThis is in response to your memorandum requesting clarification on the definition of a diagnostic\nspecimen under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). You stated\nunder the Federal Aviation Administration's (FAA's) airworthiness requirements all diagnostic\nspecimens are considered hazardous since some diagnostic specimens contain hazardous materials.\nYou also stated certain air carriers are prevented from transporting hazardous materials under the\nFAA's airworthiness requirements. Your questions have been paraphrased and answered in the\norder provided.\nQ1:\nAre routine diagnostic specimens such as urine tests for drug screenings, blood tests for\nroutine physicals, etc., taken from healthy individuals that are not suspected of containing a\npathogen considered to be hazardous materials under the HMR?\nA1: The answer is no. Samples transported for routine testing and samples transported to\ninvestigate non-communicable diseases or conditions that are not known or suspected of\nbeing contaminated with an infectious substance do not meet the definition in\nunder the HMR.\n§ 173.134(a)(1) for a Division 6.2 (infectious) material and, therefore, are not regulated\nQ2:\nIs the wording \"Diagnostic Specimen,\" as a regulated term of art, prohibited as a marking on\nshipments of specimens that are not classed as hazardous materials under § 172.303 or any\nother part of the HMR?\nA2:\nThe answer is no. Section § 172.303(b)(3) permits a proper shipping name, such as\n\"Diagnostic specimen,\" listed on the § 172.101 Table to be marked on a package containing\na non-regulated material provided the marking does not include a UN or NA identification\nnumber. The intent of the provision is to provide shippers and transporters relief when using\nproper shipping names that also describe non-regulated materials.\n\n<<<PAGE 2>>>\n\nEdmonson\n$173.134\nDebnition of Diagnostic Specimen\nU.S. Department\n03-0208\nMemorandum\nof Transportation •\nFederal Aviation\nAdministration\nSubject: Diagnostic Specimens\nDate: August 15, 2003\nFrom: FAA Office of Hazardous Materials\nAttn. of:\nReply to\nTo: Ed Mazzullo\nRSPA Office of Hazardous Materials Standards\nDear Mr. Mazzullo,\nAs you know, FAA airworthiness requirements prevent certain air operators from\naccepting hazardous materials. Therefore, we must clearly understand when a diagnostic\nspecimen meets the definition of a hazardous material. Currently, because some\ndiagnostic specimens contain\nconsidered hazardous materials.\n•hazardous materials, all diagnostic specimens are\n49 CFR 173.134(a)(4) of the HMR defines a diagnostic specimen as \"...any human or\nanimal material, including excreta, secreta, blood and its components, tissue, and tissue\nfluids being transported for diagnostic or investigational purposes, but excluding live\nanimals.\" The definition goes on to explain that specimens suspected of containing a\nRisk Group 4 pathogen must be classed as div 6.2 and assigned UN 2814 or UN 2900.\nParagraph 173.134(b) makes the following clarification:\n\"The following are not subject to the requirements of this subchapter as division 6.2\nmaterials: ... (2) A diagnostic specimen known to contain or suspected of containing a\nmicro-organism in Risk Group 1, or that does not contain a pathogen, or a diagnostic\nspecimen in which the pathogen has been neutralized or inactivated so it cannot cause\ndisease when exposure to it occurs. \"\nQuestion 1 - Are routine diagnostic specimens from healthy individuals (e.g.; urine tests\nfor drug screenings, blood tests for routine physicals, etc.) that are not suspected of\ncontaining a pathogen considered to be hazardous materials under the HMR?\nQuestion 2 - Is the term \"Diagnostic Specimens\" (as a regulated term of art) prohibited\nas a marking on shipments of specimens that are not classed as hazardous materials under\n172.303 or any other part of the HMR?\n\n<<<PAGE 3>>>\n\n*\n2\nQuestion 3 - If a \"non-hazardous\" use of the term diagnostic specimen is not prohibited,\nspecimens?\nhow can air carriers identify the hazardous diagnostic specimens from the non-hazardous\nThank you for your assistance.\nBill wilbs\nBill Wilkening, Manager, ADG-1\n\n<<<PAGE 4>>>\n\nFederal Register / Vol. 56, No. 245 / Friday, December 20, 1991 / Rules and Regulations\n66133\ntanks having a capacity of less than\nportable tanks in § 172.514, to portable\n§ 173.29(d), for some time.\nwhich has been in the regulations, at\nare materials poisonous by inhalation as\n3,785 L (1,000 gallons). RSPA also is\nrevision of the cargo tank marking size\naccepting petitions recommending\nrequirement to cover or obliterate the\nAnother petitioner objected to the\ndefined in $ 171.8. This revision\nthe need in paragraph (a) for marking\naddresses HMAC's request to eliminate\nto require a 50 mm (2 inch) marking.\nmarking (8 172.303(b)(2)) when moving\nmarking required for cargo tanks in\nAccordingly, consistent with the 50 mm\nfacilities, or to or from cleaning or repair\nan empty tank car from manufacturing\n\"Inhalation Hazard\" on packages\nliquids.\ncontaining lesser hazard Division 6.1\nto specify a 50mm (2 inch) mark for\n§ 172.328(b), paragraph (b)(3) is revised\nfacilities. The petitioner said that,\nalthough the concept not to have the\nfor marking the phrase \"Inhalation\nOne petitioner stated that the location\ncargo tanks and other bulk packages.\ntank car is noteworthy, strict adherence\nshipping name shown on a clean empty\nHazard\" on tank cars, as specified in\nassociated with remarking bulk\nIn order to relieve some of the burden\non a tank car is a problem,\nor a poisonous liquid, is not appropriate.\nparagraph (a), for a Division 2.3 material\nrecommending that RSPA permit empty,\npackages due to minor changes in\nclean tank cars, moving from tank car\ninstead of locating the marking in\nThe petitioner recommended that\nshipping names, RSPA is adding a new\nmanufacturing facilities, or to or from\npackaging marked with a proper\nparagraph (f) stating that a bulk\nremain marked with the hazardous\ntank car cleaning or repair facilities, to\nthe marking would better communicate\nassociation with the labels or placards,\nshipping name prior to October 1, 1991,\nmaterial shipping name and\nthe \"inhalation hazard\" to emergency\nwords of the old mark are identical to\ndoes not have to be remarked if the key\ncovering or obliterating the marking.\nidentification number without securely\nassociation with the required shipping\nresponse personnel if it were located \"in\nthose currently specified in the § 172.101\nRSPA is denying this petition. As with\nbecause the placard displays the\nname.\" The petitioner stated that\n\"ANHYDROUS AMMONIA\" need not\nTable. For example, a tank car marked\nthe provision addressed in the previous\nprovision previously found in\nparagraph, this is a long-standing\nsymbol of the skull and crossbones), the\npictorial representation of poison (i.e.,\nbe remarked \"ANHYDROUS\nAMMONIA, LIQUEFIED:\"\n§ 173.29(d). RSPA believes covering of\nredundant. RSPA believes that locating\nplacement of the required marking is\nstated that the requirements for\nSection 172.303. Several petitioners\nnecessary to preclude confusion or\nmarkings on empty bulk packagings is\nproper shipping name, when one is\nthis warning in association with a\nprohibited marking in paragraph (a), as\nunnecessary response on the part of\n. used generically, such as paint, ink or\nwritten, would prohibit the use of terms\nemergency responders.\n• located near labels or placards.\nrequired, is equally as visible as when\nrecommended revision of requirementa\nSection 172.312. Several petitioners\n(a) to permit either location. A petitioner\nTherefore, RSPA is revising paragraph\ncotton, from being used in connection\nname is the same as the hazardous\nwith a non-hazardous product, when the\nin paragraph (a)(2) for display of\nhazardous materials in non-bulk\norientation markings on liquid\nquestioned the need to permanently\nmark the word \"POISON\" on non-bulk\ncan easily be solved if \"or\" is replaced\nproduct. They suggested that the matter\nplastic outer packagings, as specified in\nspecify that the marking only\npackagings. They suggested that RSPA\n§ 172.313(b), used as single or composite\n\"shipping name\" and \"identification\nwith \"and\" between the words\n\"pictorially\" conform to the ISO 780-\npackaging for materials in Division 6.1.\n1985 standard, to allow for commonly\nbasis for extending this provision to\nThe petitioner stated that RSPA had no\npackage containing a non-hazardous\nnumber.\" The effect would be that a\npackages containing hazardous\nused methods of orientation markings on\ntoxicity, and that the provision should\nmaterials with a relatively low degree of\nproduct, whose name is the same as a\nwith a UN or NA identification number,\nhazardous product, when not marked\nmaterials. They stated, for example, that\nthe orientation marking shown in the\nPacking Groups I and II. RSPA\nbe limited to materials in Division 6.1,\nprohibited marking provision. RSPA\nwould not be in violation of the\nused and readily recognized and\nICAO Technical Instructions is widely\nthat each polyethylene packaging used\ndisagrees. Currently, the HMR requires\nHowever, changing the conjunction to\nagrees in principle with petitioners.\nrecommended that two additional\nunderstood. One petitioner\nmeeting the definition of a poison be\nas an outside packaging for materiala\nname or the identification number, but\n\"and\" would permit either the shipping\nexceptions to the orientation marking\nincluded in paragraph (C) for\nrequirements in paragraph (a) be\n\"POISON\" ($ 173.24(d)(4)). RSPA\npermanently marked with the word\ncould lead to confusion. Instead, RSPA\nnot both to appear on a package. This\nmanufactured articles and when the top\nrequirements to permanently mark the\nbelieves that extension of the\nparagraph (b) for those shipping names\nis providing an additional exception in\nor seal (e.g., a dry cell battery). The\nclosure is similar to the bottom closure\nouter packagings used as a single or\nword \"POISON\" on non-bulk plastic\nwhich describe non-regulated materials.\npetitioner stated that in such cases the\nirrelevant or not applicable with respect\norientation of the inner package is either\ncomposite packaging for materials in\ndifferent reasons, to the exceptions\nSeveral petitioners objected, for\nrequirement will help ensure that\nDivision 6.1 is necessary. This\nprovided in paragraphs (b)(1) and (b)(2).\nto the closures of the inner packagings.\nparagraph (a) is revised to require that\nRSPA agrees. Therefore, in § 172.312,\nfoodstuffs are not packed in the same\nOne petitioner objected to allowing non-\ndrum or package with the poison\nto remain marked. The petitioner\nbulk packages, under certain conditions,\n\"pictorially\" conform to the ISO 780-\nthe orientation marking only\nmaterial. Therefore, the requirements in\nfinal rule.\n$ 172.313 will remain unchanged in the\nconfusion on the part of carriers,\nbelieves that the exceptions may lead to\nadded in paragraph (c) for orientation\n1985 standard, and exceptions are\nwere received regarding the requirement\nSection 172.320. Several petitions\ninspectors, enforcement officers, and\nrequiring removal of marking, or\nemergency responders, and stated that\nsealed inner packagings and\nmarkings for liquids in hermetically-\nin $ 172.320 to mark packages with the\nmanufactured articles.\nexplosive contained therein. Products\napproval number (i.e., EX-number) of the\ncovering the marking would present no\nof problems caused by this exception,\nburden to industry. RSPA is not aware\nparagraph (a) to clarify package marking\nSection 172.313. RSPA is revising\nthose packages that are marked with\nthat are not given EX-numbers and for\nrequirements for gases and liquids that\nnational stock numbers or product codes\n\n<<<PAGE 5>>>\n\n66254\nFederal Register / Vol. 56, No. 245/ Friday, December 20, 1991 / Rules and Regulations\nincluded in the proper shipping name for\nin § 173,115(c) of this subchapter), is not\nshipping name are.identical to those\nthe material, the technical name shall be\ncurrently specified in the § 172.101\nhermetically-sealed inner packagings.\n(5) A non-buik package with\nmanner prescribed in paragraph (k) of\nentered on the shipping paper in the\n\"ANHYDROUS AMMONIA\" need not\nTable. For example, a tank car marked\nrevised to read as follows:\n41. In § 172.313, paragraph (a) is\nthis section.\nbe remarked \"ANHYDROUS\nby inhalation (see § 171.8 of this\n(3) For materials which are poisonous\nAMMONIA, LIQUEFIED\".\n39. In § 172.303, the introductory text\n$ 172.313 Poisonous hazardous materials.\nInhalation Hazard\" and the words\nsubchapter), the words \"Poison-\nparagraph (b)(3) is added to read as\nof paragraph. (b) is republished, and.\ninhalation (see § 171,8 of this\n(a) For materials poisonous by\n\"Zone A\", \"Zone B\", \"Zone C\", or \"Zone\nfollows:\nsubchapter), the package shall be.\nassociation with the required labels or\nmarked \"Inhalation Hazard\" in\nfor liquids, as appropriate, shall be\nD\", for gases or \"Zone A\" or \"Zone B\"\n§ 172.303 Prohibited marking.\nimmediately following the shipping\nentered on the shipping paper\n*\nplacards, as appropriate, or shipping\n(b) This section does not apply to.\n, of this subpart for size s.\nname, when required. (See § 172.302(b)\nbe repeated if it otherwise appears in\ndescription. The word \"Poison\" need not\n(2) * * *\n(1) * * *\nthe shipping description.\nsubchapter.\nmaterial not regulated under this\na package when the name describes a\n(3) The marking of a shipping name on\nrevised to read as follows:\n42. In § 172.316, the section heading is\n§ 172.203 [Amended]\n§ 172.316 Packagings containing materials\nfollowing changes are made:\n37. In addition, in § 172.203, the\nrevised, and paragraphs (c)(4) and (c)(5)\n40. In $ 172.312, paragraph (a)(2) is\nclassed as ORM-D.\na. In paragraph (c)(2), in the second\nand \"'PG\" is removed both places it\n\"g\" is revised to read \"6.1\";\nare added to read as follows:\nas follows:.\n43. Section 172.320 is revised to read\n§ 172.312 Liquid hazardous materials in\n§ 172.320 Explosive hazardous materials.\nb. In paragraph (k) introductory text,\nnon-bulk packagings.\n\"PG\" is removed both places it appears;\n(a) * * *\nparagraphs (b), (c), (d) and (e) of this\n(a) Except as otherwise provided in\nand the last sentence is revised to read\norientation markings that conform\n2) Legibly marked, with package\nsection, each package containing a\nsolid, 5.2, UN 3102 (dibenzoy) peroxide,\nFor example, 'Organic peroxide type B,\nthe EX-number for each substance,\nClass 1 material must be marked with\npictorially to ISO Standard 780-1985, on\n52-100%)' or 'Organic peroxide type E,\npackage with the arrows pointing in the\ntwo opposite vertical sides of the\narticle or device contained therein.\nsolid, 5.2, UN 3108 (dibenzoyl peroxide,\naccordance with § 173.58(j) of this\n(b) Except for fireworks approved in\ncorrect upright direction.\nc. In paragraph (k)(1), in the second\nmaterials may be marked, in lieu of the\nsubchapter, a package of Class 1\n\"'mixtures\" both places it appears; and\n\"compound!' is revised to read\nEX-number required by paragraph (a) of\n\"PG\" is removed both places it appears.\nthis section, with a national stock\n\"PG\" is removed each place it appears.\nd. In paragraphs (k)(2) and (k)(4)(iii),\nnumber issued by the Department of\nrequired by regulations for commercial\nDefense or identifying information.\n• \"§ 172.101(c)(12)\" is revised to read\ne. In paragraph (k)(4)(ii), the reference\nexplosives specified in 27 CFR part 55, if\n\"§ 172.101(c)(11)\".\nthe national stock number or identifying\nsentence is revised to read \"For\nI. In paragraph (k)(4)(iv), the last\nassociated with the EX-number\ninformation can be specifically\nflammable, toxic, n.o.s., flash point less\nexample: 'Carbamate pesticides, liquid,\nClass 1 materials are packed in the\n(c) When more than five different\nthan 23°C (contains Xylene) 3, 6.1, UN\nsame package, the package may be\n[b)(3) are revised, and a new paragraph\n38. In § 172.302, paragraphs (b)(2) and\nnumbers, national stock numbers,\nmarked with only five of the EX-\n(t) is added to read as follows:\nproduct codes, or combination thereof.\nnot apply if the EX-number, product\n(d) The requirements of this section do\n§ 172.302 General marking requirements\nor bulk packagings\ncode or national stock number of each\nexplosive item described under a proper\n(b)\nassociation with the shipping\nshipping description is shown in\n(1) ***\ntanks with capacities of less than 3,785 L\n(2) 25mm (one inch) for portable\ndescription required by § 172.202(a) of\nthis part. Product codes and national\n(1,000 gallons); and\nand other bulk packages.\n(3) 50mm (2.0 inches) for cargo tanks\nPackage orientation\nspecific EX-number assigned by the\nstock numbers must be traceable to the\nAssociate Administrator for Hazardous\nOctober 1, 1991, in conformance to the\n(f) A bulk packaging marked prior to\n(c) *\n(b)* * *\nMaterials Safety.\n**\n(e) The requirements of this section do\nregulations of this subchapter in effect\n(4) Liquids contained in manufactured\nnot apply to the following Class 1\nremarked if the key words of the proper\non September 30, 1991, need not be\nthermometers) which are leak-tight in al\narticles (e.g., alcohol or mercury ir\nmaterials:\n(1) Those being shipped to a testing\norientations.\nagency in accordance with § 173.56(d) of\nthis subchapter;","truncated":false,"body_characters":17517}