{"operation":"document","citation":"04-0216","title":"ARUP Laboratories — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2004-11-18","effective_on":null,"summary":"04-0216 response to ARUP Laboratories concerning 171.8, 172.203.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-04-0216.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-04-0216.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-04-0216","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2004/040216.pdf","body":"<<>>\n\n400 Seventh St., S.W.\nWashington, D.C. 20590\nNOV 18 2004\nMr. Paul Brinton\nReference No. 04-0216\nVice President, Transportation & Logistics\nARUP Laboratories\n500 Chipeta Way\nSalt Lake City, Utah 84108\nDear Mr. Brinton:\nThis is in further response to your August 27, 2004 e-mail concerning how to properly\ndescribe and label an unknown fungus suspected of being an infectious substance under\nthe Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). We responded to\nyour e-ma: I in a letter dated September 20, 2004.\nIn your August 27 e-mail, you stated that you are shipping an unknown fungus suspected\n\"fungus\" raay be used to meet the requirements for a technical name in accordance with\nof being an infectious substance to a laboratory for testing. You asked if the term\nresponse, ive suggested that you use the term \"mycotic species\" as the technical name to\n§§ 171.8, 72.101(b)(4), and 172.203(k) of the HMR. In our September 20, 2004\ncomplete the generic shipping description for the suspected infectious substance. In a\ncommunity uses the terms \"fungus\" and \"mycotic species\" interchangeably and defines\nSeptember 23, 2004 e-mail responding to our letter, you note that the sciertific\n\"mycotic\" to mean \"... infection with or disease caused by a fungus.\"\nBased on the information you provided, we agree that either \"fungus\" or \"mycotic\nspecies\" may be used to comply with the technical name requirements in § 172.101(b)(4)\nfor transportation of an unknown fungus described and classed as an \"Infectious\nsubstance, affecting humans, 6.2, UN 2814.\"\nWe note concerning the shipping description of unknown samples of hazardous materials\nyour sample a tentative proper shipping name, hazard class, identification number, and\nbeing transported for testing that, in accordance with § 172.101(c)(11), you may assign\npacking group, if applicable, and offer it for transportation for testing to determine its\nhazard class. You must assign a proper shipping name based on your knowledge of the\nmaterial ard the hazard precedence prescribed in § 173.2a. In addition, if the word\n\"sample\" is not already included in the proper shipping name, you must add it to the\nproper shipping name or place it in close proximity to the basic shipping description.\nThus, for the fungus you are shipping, the shipping description would be \"Sample\ninfectious substance, affecting humans, 6.2, UN 2814.\" For samples transported in\naccordance with this section, the provisions requiring a technical name for the\nconstituen (s) of the material do not apply (see § 172.101(c)(iv)(B)).\n171.8\n040216\n112.203 (к)\n\n<<>>\n\nYou also ask if the wording \"Suspected Category A Infectious Substance\" and the\npackaging and hazard communication prescribed in the 2005-2006 edition of the\nInternational Civil Aviation Organization (ICAO) Technical Instructions for the\nTransport of Dangerous Good by Air (Technical Instructions) may be used now to\ntransport the fungus you described or if you must wait until January 1, 2005, to use\nthese requirements. The ICAO does not authorize the use of these requirements until\nJanuary 1, 2005. (See the foreword of the ICAO Technical Instructions in the section\ndescribing their operational use.) Under § 171.11, the HMR permit the use of the 2003-\n2004 edition of the ICAO Technical Instructions, as incorporated by reference in § 171.7,\nas an alternative to the requirements prescribed in the HMR for air shipments, with\ncertain exceptions. In a notice of proposed rulemaking we issued in the Federal Register\non June 22, 2004 (Docket No. RSPA-04-17036 (HM-215G), 69 FR 34724), we proposed\nto revise this incorporation by reference to permit the use of the 2005-2006 edition of the\nICAO Technical Instructions. We expect to publish the rule in time to authorize use of\nthe 2005-2006 edition ICAO Technical Instructions under the HMR by January 1, 2005.\nI hope this information is helpful.\nSincerely,\nDirector, Office of Hazardous\nEdward T. Mazzullo\nMaterials Standards\n\n<<>>\n\nInfectious Substance Technical Names\nEdmonson\nPage 1 of 2\n$ 171.8\n4/14/04\nDrakeford, Carolyn\n§ 172.203 (к)\nFrom:\nEdmonson, Eileen\nTechnical Nanues\nSent:\nMonday, September 13, 2004 1:16 PM\nTo:\nDrakeford, Carolyn\n04-0216\nSubject: FW: Irfectious Substance Technical Names\nletter writer. Thanks, Eileen\nCarolyn - Please og this letter into the System. I've prepared a draft and am waiting for a call back from the\nFrom: Mazzullo, Ed\n----Original Message--.\nTo: Edmonson, Eileen\nSent: Tuesday, September 07, 2004 11:23 AM\nCc: Gorsky, Susan; Mitchell, Hattie; Mazzullo, Ed\nSubject: FW: Infectious Substance Technical Names\nPlease handle.\nEd\n-----Original Message-----\nSent: Friday, August 27, 2004 1:39 PM\nFrom: Brinton, Paul [mailto:brintoph@aruplab.com]\nTo: Mazzullo, Ed \nSubject: Infectious Substance Technical Names\nDear Mr. Mazzullo\nof our clients in Cleveland that was sending specimen of fungus to our laboratory for identification. They used the\nRecently, an FAA agent by the name of Jim Berk here in Salt Lake City called me regarding a shipment from one\ntechnical name (Fungus). Mr. Berk felt that this designation was not sufficiently technical for use as the technical\nissue on occasion. In the past, I have trained classes of clients and others that if they do not know what the\nname. The client feels that they do not know any more about the specimen than that it is fungus. We have this\norganism is, they should enter the Gram Stain results, such as (Gram negative bacillus) or (Gram positive rods). I\nSample). I discussed this with Mr. Berk. He then forwarded two pieces of information to me. One was a letter\ncalled the Hazmat Hotline, and I was told by Kurt that the client in this case should use the term (Fungus\nes of ratormation to me. One was letter\nsigned by you dated May 8'h\nVirus Sample\" is rot sufficient as a technical name. That leads me to wonder about the (Fungus Sample)\n, 2002, to Beth E. Henricson, Ref. # 02-0127. In that letter, you mention that the term\ndesignation. In addition, Mr. Berk told me that ICAO would not accept the (Fungus Sample) designation, anc\nsince airlines follov/ IATA rules, a well informed airline cargo agent may refuse that shiprent as well\nI would like a clarif cation as to what an Infectious Substance Technical Name should be in the situations I have\nwhen they are sending it for identification. Thank you for your response.\ndescribed, where the source hospital or clinic does not know to what Genus and species an organism belongs\nPaul H. Brinton, MT (ASCP)\nVice President, Transportation & Logistics\nARUP Laboratories\n9/13/2004\n\n<<>>\n\nInfectious Substance Technical Names\nPage 2 of 2\n500 Chipeta Way\nSalt Lake City, UT 84108\n(801)584-5136\nbrintoph@aruplab.com\nattachments are from ARUP Laboratories and are intended only for the\nThe information transmitted by this e-mail and any included\nand may constitute inside or non-public information under\nrecipient. The information contained in this message is confidential\ninternational, federal, or state securities laws, or protected health\ninformation and is intended only for the use of the recipient.\nnauthorized forwarding, printing, copying, distributing, or use of\nsuch information is strictly prohibited and may be unlawful. If you\nare not the intended recipient, please promptly delete this e-mail\nLaboratories Compliance Hot Line in Salt Lake City, Utah USA at (+1\nand notify the sender of the delivery error or you may call ARUP\n9/13/2004\n\n<<>>\n\nZad Response\nEdmonson, Eileen\nKel. No. 04-0216\nSent:\nFrom:\nTo:\nThursday, November 04, 2004 9:12 AM\n§§171-8,172.101(c)(11),\nSubject:\nCc:\nla susan form1102200 72016477172.2032\nGorsky, Susan; Mitchell, Hattie\nTechnical Names\nPaulsLabels_Form.p\ndf (225 KB)\nEileen,\nPlease handle.\nThanks,\nEd\nFrom: Brinton, Paul [mailto:brintoph@aruplab.com]\n•----Original Message--\nTo: Ed Mazzullo\nSent: Wednesday, November 03, 2004 6:14 PM\nSubject: FW: Labels and\n(E-mail)\nForms 11022004\nmandated forms\nMr. Mazzullo, I wanted to send this file to you to make sure that, if we use the IATA\nLaw.\nMuch of the verbiage has changed for the coming year. This will also change the\nand labels in the attached PDF file, we will not be in violation of Federal\nname.\ninformation we recently asked for regarding the use of the term \"Fungus\" as the technical\ndate\nof March, 2005.\nWe are in the process of creating\nship specimens.\nNe must have all information ready by the end of November,\nThis User's Guide includes instructions for our clients on how to\nour scientific User's Guide, with a publication\nlot receive the \"ATA regulations until late October, 2004.\nWe are also updating our on-\n2004. We did\nand a written response,\nline Infectious Substance training course.\nso that, if questioned, I might be able to send the your response\nI would like to request an immediate response,\nto satisfy the question. Thank you for your help.\nVice President,\nPaul H. Brinton, MT (ASP)\nARUP Laboratories\nTransportation & Logistics\n500 Chipeta Way\nSalt Lake City, UT 84108\n(801) 584-5136\nbrintoph@aruplab.com\nFrom:\n-----Original Message-\nSent: Wednesday, November 03, 2004 15:48\nsay november 03, 2000 35.10\nSubject:\nTo:\nBrinton, Paul\nLabels and Forms 11022004\n<> Paul, here is the file you requested.\n500 Chipeta Way\nTimothy Scot Millar - Problem Resolution Specialist ARUP Laboratories,\nInc.\nSalt Lake City, Utah 84123\n1-800-242-2787 ext. 2336\n<>\nThe information transmitted by this e-mail\nand any included attachments are from ARUP\n1\n\n<<>>\n\nLaboratories anc. are intended only for the recipient. The information contained in this\ninternational, federal, or state securities laws, or protected health information and is\nmessage is confidential and may constitute inside or non-public information under\ndistributing, or use of such information is strictly prohibited and may be unlawful. If\nintended only fcr the use of the recipient. Unauthorized forwarding, printing, copying,\nsender of the delivery error or you may call ARUP Laboratories Compliance Hot Line in Salt\nyou are not the intended recipient, please promptly delete this e-mail and notify the\nLake City, Utah USA at (+1\n(800) 522-2787 ext. 2100\n\n<<>>\n\nUN3373\nSPECIMENS\nDIAGNOSTIC\nSalt Lake Cly, Ull 84108\nResponsible person\n\n<<>>\n\nDry Ice\nNote: 2 Ibs. = 1 kg.\nкg.*\nREFRIGERATION\n800•242 • 2787\nSalt Lake City, UT 84104\n500 Chipeta Way\nARIP\nSPECIMENS\nOF MEDICAL\nUN 1845\nFOR THE\n\n<<>>\n\nSHIPPER'S DECLARATION FOR DANGEROUS GOODS\nStripper\nAir Waybil No.\nPage\n1\n1\nPages\nShipper's Reference Number: (optional)\nConsignee:\n600 Chipeta Way\nAssociated Regional and Univorsity Pathologists, Inc.\nSalt Lake City, Utah 84108\nARIP\nfaul Brinton (801) 583-2787 ext. 5136\nto the operator.\nTwo completed and signed copies of this Declaration must be handed\nWARNING\nTRANSPORT DETAILS\nFailure to comply in all respects with the applicable\nlimitations prescribed for:\nThis shipinent is within the\nAirport of Departure\napplicable law, subject to legal penalties.\nDangerous Goods Regulations may be in breach of the\n(delete run-applicable)\nPASSENGER\nAND CARGO\nAIRCRAFT\nAirport of Destinatin: Salt Lake City, Utah\nNON-RADIOACTIVE XXXXXXXXX\nShipment type: (delete non-applicable)\nNATURE AND QUANTITY OF DANGEROUS GOODS\n(see sub-Section 8.1 of lATA Dangerous Goods Regulations)\nDangerous Goods Identification\nUN\nID\nor\nNo.\nProper Shipping Name\nDivision\nClass or\nPack-\nGroup\ning\ntype of packing\nQuantity and\nPacking\nInst.\nAuthorization\nWN 2814 Infectious substance,\n6.2\n(Suspected Category A\naffecting humans\n_mL\n602\nInfectious Substance)\nArklitional Handling Information\ndescribed above by the proper shipping name, and are ciassilied, packaged.\n1 hereby desiare that the contents of this consignment are fully and accurately\nName/Title of Signatory\ntransport acéording lo ile applicable International and National Government\nmarked and labeled placarded, and are in all respects in proper condition for\nave been net.\nRagdations\n¡ decture the ed of the applicable air transport requirements\nPlace and Date\n(sce waning abo)\nSignature","truncated":false,"body_characters":12100}