# FAA — Hazardous Materials Safety Interpretation

- **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:** Not available
- **summary:** 03-0208 response to FAA concerning 173.134.
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- **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>>>

•
Memorandum
U.S. Department
of Transportation
Research and
Special Programs
Administration
Date
APR - 9 2004
Reply to Altn of
Subject
Definition of a Diagnostic Specimen
From
Edwildf Mazild, Director
MRSPA Office of Hazardous Materials Safety
Reference No. 03-0208
To:
Bill Wilkening
Manager, ADG-1, FAA
This is in response to your memorandum requesting clarification on the definition of a diagnostic
specimen under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). You stated
under the Federal Aviation Administration's (FAA's) airworthiness requirements all diagnostic
specimens are considered hazardous since some diagnostic specimens contain hazardous materials.
You also stated certain air carriers are prevented from transporting hazardous materials under the
FAA's airworthiness requirements. Your questions have been paraphrased and answered in the
order provided.
Q1:
Are routine diagnostic specimens such as urine tests for drug screenings, blood tests for
routine physicals, etc., taken from healthy individuals that are not suspected of containing a
pathogen considered to be hazardous materials under the HMR?
A1: The answer is no. Samples transported for routine testing and samples transported to
investigate non-communicable diseases or conditions that are not known or suspected of
being contaminated with an infectious substance do not meet the definition in
under the HMR.
§ 173.134(a)(1) for a Division 6.2 (infectious) material and, therefore, are not regulated
Q2:
Is the wording "Diagnostic Specimen," as a regulated term of art, prohibited as a marking on
shipments of specimens that are not classed as hazardous materials under § 172.303 or any
other part of the HMR?
A2:
The answer is no. Section § 172.303(b)(3) permits a proper shipping name, such as
"Diagnostic specimen," listed on the § 172.101 Table to be marked on a package containing
a non-regulated material provided the marking does not include a UN or NA identification
number. The intent of the provision is to provide shippers and transporters relief when using
proper shipping names that also describe non-regulated materials.

<<<PAGE 2>>>

Edmonson
$173.134
Debnition of Diagnostic Specimen
U.S. Department
03-0208
Memorandum
of Transportation •
Federal Aviation
Administration
Subject: Diagnostic Specimens
Date: August 15, 2003
From: FAA Office of Hazardous Materials
Attn. of:
Reply to
To: Ed Mazzullo
RSPA Office of Hazardous Materials Standards
Dear Mr. Mazzullo,
As you know, FAA airworthiness requirements prevent certain air operators from
accepting hazardous materials. Therefore, we must clearly understand when a diagnostic
specimen meets the definition of a hazardous material. Currently, because some
diagnostic specimens contain
considered hazardous materials.
•hazardous materials, all diagnostic specimens are
49 CFR 173.134(a)(4) of the HMR defines a diagnostic specimen as "...any human or
animal material, including excreta, secreta, blood and its components, tissue, and tissue
fluids being transported for diagnostic or investigational purposes, but excluding live
animals." The definition goes on to explain that specimens suspected of containing a
Risk Group 4 pathogen must be classed as div 6.2 and assigned UN 2814 or UN 2900.
Paragraph 173.134(b) makes the following clarification:
"The following are not subject to the requirements of this subchapter as division 6.2
materials: ... (2) A diagnostic specimen known to contain or suspected of containing a
micro-organism in Risk Group 1, or that does not contain a pathogen, or a diagnostic
specimen in which the pathogen has been neutralized or inactivated so it cannot cause
disease when exposure to it occurs. "
Question 1 - Are routine diagnostic specimens from healthy individuals (e.g.; urine tests
for drug screenings, blood tests for routine physicals, etc.) that are not suspected of
containing a pathogen considered to be hazardous materials under the HMR?
Question 2 - Is the term "Diagnostic Specimens" (as a regulated term of art) prohibited
as a marking on shipments of specimens that are not classed as hazardous materials under
172.303 or any other part of the HMR?

<<<PAGE 3>>>

*
2
Question 3 - If a "non-hazardous" use of the term diagnostic specimen is not prohibited,
specimens?
how can air carriers identify the hazardous diagnostic specimens from the non-hazardous
Thank you for your assistance.
Bill wilbs
Bill Wilkening, Manager, ADG-1

<<<PAGE 4>>>

Federal Register / Vol. 56, No. 245 / Friday, December 20, 1991 / Rules and Regulations
66133
tanks having a capacity of less than
portable tanks in § 172.514, to portable
§ 173.29(d), for some time.
which has been in the regulations, at
are materials poisonous by inhalation as
3,785 L (1,000 gallons). RSPA also is
revision of the cargo tank marking size
accepting petitions recommending
requirement to cover or obliterate the
Another petitioner objected to the
defined in $ 171.8. This revision
the need in paragraph (a) for marking
addresses HMAC's request to eliminate
to require a 50 mm (2 inch) marking.
marking (8 172.303(b)(2)) when moving
marking required for cargo tanks in
Accordingly, consistent with the 50 mm
facilities, or to or from cleaning or repair
an empty tank car from manufacturing
"Inhalation Hazard" on packages
liquids.
containing lesser hazard Division 6.1
to specify a 50mm (2 inch) mark for
§ 172.328(b), paragraph (b)(3) is revised
facilities. The petitioner said that,
although the concept not to have the
for marking the phrase "Inhalation
One petitioner stated that the location
cargo tanks and other bulk packages.
tank car is noteworthy, strict adherence
shipping name shown on a clean empty
Hazard" on tank cars, as specified in
associated with remarking bulk
In order to relieve some of the burden
on a tank car is a problem,
or a poisonous liquid, is not appropriate.
paragraph (a), for a Division 2.3 material
recommending that RSPA permit empty,
packages due to minor changes in
clean tank cars, moving from tank car
instead of locating the marking in
The petitioner recommended that
shipping names, RSPA is adding a new
manufacturing facilities, or to or from
packaging marked with a proper
paragraph (f) stating that a bulk
remain marked with the hazardous
tank car cleaning or repair facilities, to
the marking would better communicate
association with the labels or placards,
shipping name prior to October 1, 1991,
material shipping name and
the "inhalation hazard" to emergency
words of the old mark are identical to
does not have to be remarked if the key
covering or obliterating the marking.
identification number without securely
association with the required shipping
response personnel if it were located "in
those currently specified in the § 172.101
RSPA is denying this petition. As with
because the placard displays the
name." The petitioner stated that
"ANHYDROUS AMMONIA" need not
Table. For example, a tank car marked
the provision addressed in the previous
provision previously found in
paragraph, this is a long-standing
symbol of the skull and crossbones), the
pictorial representation of poison (i.e.,
be remarked "ANHYDROUS
AMMONIA, LIQUEFIED:"
§ 173.29(d). RSPA believes covering of
redundant. RSPA believes that locating
placement of the required marking is
stated that the requirements for
Section 172.303. Several petitioners
necessary to preclude confusion or
markings on empty bulk packagings is
proper shipping name, when one is
this warning in association with a
prohibited marking in paragraph (a), as
unnecessary response on the part of
. used generically, such as paint, ink or
written, would prohibit the use of terms
emergency responders.
• located near labels or placards.
required, is equally as visible as when
recommended revision of requirementa
Section 172.312. Several petitioners
(a) to permit either location. A petitioner
Therefore, RSPA is revising paragraph
cotton, from being used in connection
name is the same as the hazardous
with a non-hazardous product, when the
in paragraph (a)(2) for display of
hazardous materials in non-bulk
orientation markings on liquid
questioned the need to permanently
mark the word "POISON" on non-bulk
can easily be solved if "or" is replaced
product. They suggested that the matter
plastic outer packagings, as specified in
specify that the marking only
packagings. They suggested that RSPA
§ 172.313(b), used as single or composite
"shipping name" and "identification
with "and" between the words
"pictorially" conform to the ISO 780-
packaging for materials in Division 6.1.
1985 standard, to allow for commonly
basis for extending this provision to
The petitioner stated that RSPA had no
package containing a non-hazardous
number." The effect would be that a
packages containing hazardous
used methods of orientation markings on
toxicity, and that the provision should
materials with a relatively low degree of
product, whose name is the same as a
with a UN or NA identification number,
hazardous product, when not marked
materials. They stated, for example, that
the orientation marking shown in the
Packing Groups I and II. RSPA
be limited to materials in Division 6.1,
prohibited marking provision. RSPA
would not be in violation of the
used and readily recognized and
ICAO Technical Instructions is widely
that each polyethylene packaging used
disagrees. Currently, the HMR requires
However, changing the conjunction to
agrees in principle with petitioners.
recommended that two additional
understood. One petitioner
meeting the definition of a poison be
as an outside packaging for materiala
name or the identification number, but
"and" would permit either the shipping
exceptions to the orientation marking
included in paragraph (C) for
requirements in paragraph (a) be
"POISON" ($ 173.24(d)(4)). RSPA
permanently marked with the word
could lead to confusion. Instead, RSPA
not both to appear on a package. This
manufactured articles and when the top
requirements to permanently mark the
believes that extension of the
paragraph (b) for those shipping names
is providing an additional exception in
or seal (e.g., a dry cell battery). The
closure is similar to the bottom closure
outer packagings used as a single or
word "POISON" on non-bulk plastic
which describe non-regulated materials.
petitioner stated that in such cases the
irrelevant or not applicable with respect
orientation of the inner package is either
composite packaging for materials in
different reasons, to the exceptions
Several petitioners objected, for
requirement will help ensure that
Division 6.1 is necessary. This
provided in paragraphs (b)(1) and (b)(2).
to the closures of the inner packagings.
paragraph (a) is revised to require that
RSPA agrees. Therefore, in § 172.312,
foodstuffs are not packed in the same
One petitioner objected to allowing non-
drum or package with the poison
to remain marked. The petitioner
bulk packages, under certain conditions,
"pictorially" conform to the ISO 780-
the orientation marking only
material. Therefore, the requirements in
final rule.
$ 172.313 will remain unchanged in the
confusion on the part of carriers,
believes that the exceptions may lead to
added in paragraph (c) for orientation
1985 standard, and exceptions are
were received regarding the requirement
Section 172.320. Several petitions
inspectors, enforcement officers, and
requiring removal of marking, or
emergency responders, and stated that
sealed inner packagings and
markings for liquids in hermetically-
in $ 172.320 to mark packages with the
manufactured articles.
explosive contained therein. Products
approval number (i.e., EX-number) of the
covering the marking would present no
of problems caused by this exception,
burden to industry. RSPA is not aware
paragraph (a) to clarify package marking
Section 172.313. RSPA is revising
those packages that are marked with
that are not given EX-numbers and for
requirements for gases and liquids that
national stock numbers or product codes

<<<PAGE 5>>>

66254
Federal Register / Vol. 56, No. 245/ Friday, December 20, 1991 / Rules and Regulations
included in the proper shipping name for
in § 173,115(c) of this subchapter), is not
shipping name are.identical to those
the material, the technical name shall be
currently specified in the § 172.101
hermetically-sealed inner packagings.
(5) A non-buik package with
manner prescribed in paragraph (k) of
entered on the shipping paper in the
"ANHYDROUS AMMONIA" need not
Table. For example, a tank car marked
revised to read as follows:
41. In § 172.313, paragraph (a) is
this section.
be remarked "ANHYDROUS
by inhalation (see § 171.8 of this
(3) For materials which are poisonous
AMMONIA, LIQUEFIED".
39. In § 172.303, the introductory text
$ 172.313 Poisonous hazardous materials.
Inhalation Hazard" and the words
subchapter), the words "Poison-
paragraph (b)(3) is added to read as
of paragraph. (b) is republished, and.
inhalation (see § 171,8 of this
(a) For materials poisonous by
"Zone A", "Zone B", "Zone C", or "Zone
follows:
subchapter), the package shall be.
association with the required labels or
marked "Inhalation Hazard" in
for liquids, as appropriate, shall be
D", for gases or "Zone A" or "Zone B"
§ 172.303 Prohibited marking.
immediately following the shipping
entered on the shipping paper
*
placards, as appropriate, or shipping
(b) This section does not apply to.
, of this subpart for size s.
name, when required. (See § 172.302(b)
be repeated if it otherwise appears in
description. The word "Poison" need not
(2) * * *
(1) * * *
the shipping description.
subchapter.
material not regulated under this
a package when the name describes a
(3) The marking of a shipping name on
revised to read as follows:
42. In § 172.316, the section heading is
§ 172.203 [Amended]
§ 172.316 Packagings containing materials
following changes are made:
37. In addition, in § 172.203, the
revised, and paragraphs (c)(4) and (c)(5)
40. In $ 172.312, paragraph (a)(2) is
classed as ORM-D.
a. In paragraph (c)(2), in the second
and "'PG" is removed both places it
"g" is revised to read "6.1";
are added to read as follows:
as follows:.
43. Section 172.320 is revised to read
§ 172.312 Liquid hazardous materials in
§ 172.320 Explosive hazardous materials.
b. In paragraph (k) introductory text,
non-bulk packagings.
"PG" is removed both places it appears;
(a) * * *
paragraphs (b), (c), (d) and (e) of this
(a) Except as otherwise provided in
and the last sentence is revised to read
orientation markings that conform
2) Legibly marked, with package
section, each package containing a
solid, 5.2, UN 3102 (dibenzoy) peroxide,
For example, 'Organic peroxide type B,
the EX-number for each substance,
Class 1 material must be marked with
pictorially to ISO Standard 780-1985, on
52-100%)' or 'Organic peroxide type E,
package with the arrows pointing in the
two opposite vertical sides of the
article or device contained therein.
solid, 5.2, UN 3108 (dibenzoyl peroxide,
accordance with § 173.58(j) of this
(b) Except for fireworks approved in
correct upright direction.
c. In paragraph (k)(1), in the second
materials may be marked, in lieu of the
subchapter, a package of Class 1
"'mixtures" both places it appears; and
"compound!' is revised to read
EX-number required by paragraph (a) of
"PG" is removed both places it appears.
this section, with a national stock
"PG" is removed each place it appears.
d. In paragraphs (k)(2) and (k)(4)(iii),
number issued by the Department of
required by regulations for commercial
Defense or identifying information.
• "§ 172.101(c)(12)" is revised to read
e. In paragraph (k)(4)(ii), the reference
explosives specified in 27 CFR part 55, if
"§ 172.101(c)(11)".
the national stock number or identifying
sentence is revised to read "For
I. In paragraph (k)(4)(iv), the last
associated with the EX-number
information can be specifically
flammable, toxic, n.o.s., flash point less
example: 'Carbamate pesticides, liquid,
Class 1 materials are packed in the
(c) When more than five different
than 23°C (contains Xylene) 3, 6.1, UN
same package, the package may be
[b)(3) are revised, and a new paragraph
38. In § 172.302, paragraphs (b)(2) and
numbers, national stock numbers,
marked with only five of the EX-
(t) is added to read as follows:
product codes, or combination thereof.
not apply if the EX-number, product
(d) The requirements of this section do
§ 172.302 General marking requirements
or bulk packagings
code or national stock number of each
explosive item described under a proper
(b)
association with the shipping
shipping description is shown in
(1) ***
tanks with capacities of less than 3,785 L
(2) 25mm (one inch) for portable
description required by § 172.202(a) of
this part. Product codes and national
(1,000 gallons); and
and other bulk packages.
(3) 50mm (2.0 inches) for cargo tanks
Package orientation
specific EX-number assigned by the
stock numbers must be traceable to the
Associate Administrator for Hazardous
October 1, 1991, in conformance to the
(f) A bulk packaging marked prior to
(c) *
(b)* * *
Materials Safety.
**
(e) The requirements of this section do
regulations of this subchapter in effect
(4) Liquids contained in manufactured
not apply to the following Class 1
remarked if the key words of the proper
on September 30, 1991, need not be
thermometers) which are leak-tight in al
articles (e.g., alcohol or mercury ir
materials:
(1) Those being shipped to a testing
orientations.
agency in accordance with § 173.56(d) of
this subchapter;
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