Centers for Disease Control and Prevention — Hazardous Materials Safety Interpretation

Page 1f Transportatio .S. Departmen 400 Seventh St., S.W. Washington, D.C. 20590 Spear rograms Administration DEC 28 2004 Vincent R. Hill, Ph.D., P.E Ref. No. 04-0270 Parasıtıc Diseases Branch Division of Parasitic Diseases Centers for Disease Control and Prevention 4770 Buford Highway, MS/F-36 Atlanta, GA 30341-3724 Dear Dr. Hill: This is in response to your letter requesting clarification of the applicability of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) to water samples that will be transported for testing. You state that the samples are potentially contaminated with biological agents and ask whether such samples should be transported as Division 6.2 materials. Section 172.101(c)(11) permits the shipment of a sample material to a laboratory for testing by the assignment of a tentative proper shipping name based on the shipper's knowledge of the material. If you determine that the water sample is likely to contain an infectious substance, then the material is subject to the HMR. In this case, you must tentatively assign the most appropriate proper shipping name and packing group from the § 172.101 Hazardous Materials Table (HMT) based on the hazard class and packing shipper's responsibility). For a water sample suspected of containing an infectious group criteria in Part 173 and your best knowledge of the material (see § 173.22 for substance, the material must be described as Infectious substance, affecting humans," classed as a Division 6.2 material, and assigned to UN 2814. In addition, the sample must be transported in accordance with all HMR requirements applicable to the transportation of Division 6.2 materials. Note that under § 172.101(c)(11), the word per package If there is no reason to know or strongly suspect that the samples contain an infectious substance, the material is not considered a Division 6.2 material under the HMR. 172:101600 173.22 040270#

Page 2Provided the samples are also not strongly suspected of meeting the definition of any other hazard class, the material is not subject to the HMR. I hope this information is helpful. Please contact this office if you have additional questions. Sincerely, Hattie L. Mitchell' Chief, Regulatory Review and Reinvention Office of Hazardous Materials Standards#

Page 3Message Page 1 of l INFOCNTR From: LaValle, Diane MIntyre Sent: Tuesday, November 23, 2004 3:20 PM §173.134 To: INFOCNTR Subject: FW: CDC Request for Interpretation of DOT Regulations 3 / 73,144 173.196 -----Original Message----- Infectious Substances From: Hill, Vincent [mailto:VEH2@CDC.GOV] Sent: Tuesday, November 23, 2004 2:50 PM 04-0270 To: Exemptions@rspa.dot.gov James M. MD Cc: Popovic, Tanja; Nicholson, Janet; Eberhard, Mark L. (Atl); Juranek, Dennis D.; Holt, James D.; Hughes, Subject: CDC Request for Interpretation of DOT Regulations Dear Associate Administrator for Hazardous Materials Safety, I am submitting this email to your office as an agent of the Centers for Disease Control and Prevention (CDC), DOT regulations that may be applicable to the shipment of 10-L water samples from drinking water systems that U.S. Department of Health and Human Services to request that your office provide CDC with an interpretation of Regulations (49 CFR Sections 173.134, 173.196, and 173.199), such water samples might be considered Class are potentially contaminated with biological agents. Based on our reading of the Hazardous Materials whether there are controlling DOT regulations that prescribe requirements or standards for shipping 10-L water 6, Division 6.2 materials containing or suspected to contain pathogens. CDC is requesting clarification as to agents. We are requesting this interpretation from your office based on advice that we received from Susan samples from drinking water systems that are being investigated for possible contamination with biological Gorsky during her recent visit to CDC. to receive guidance as soon as possible as to whether there are DOT regulations that apply to shipment of 10-L As preparedness for potential attacks on U.S. drinking water systems is a critical concern for CDC, we would like water samples by CDC during such investigations. Thank you for your consideration and help with this matter. Sincerely, Vincent R. Hill, Ph.D., P.E. Parasitic Diseases Branch Division of Parasitic Diseases Centers for Disease Control and Prevention MS/F-36 4770 Buford Highway Atlanta, GA 30341-3724 770-488-4432 (phone) 770-488-4253 (fax; vhill@cdc.gov 11/23/2004#