{"operation":"document","citation":"04-0270","title":"Centers for Disease Control and Prevention — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2004-12-28","effective_on":null,"summary":"04-0270 response to Centers for Disease Control and Prevention concerning 172.101, 173.22.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-04-0270.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-04-0270.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-04-0270","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2004/040270.pdf","body":"<<<PAGE 1>>>\n\nf Transportatio\n.S. Departmen\n400 Seventh St., S.W.\nWashington, D.C. 20590\nSpear rograms\nAdministration\nDEC 28 2004\nVincent R. Hill, Ph.D., P.E\nRef. No. 04-0270\nParasıtıc Diseases Branch\nDivision of Parasitic Diseases\nCenters for Disease Control and Prevention\n4770 Buford Highway, MS/F-36\nAtlanta, GA 30341-3724\nDear Dr. Hill:\nThis is in response to your letter requesting clarification of the applicability of the\nHazardous Materials Regulations (HMR; 49 CFR Parts 171-180) to water samples that\nwill be transported for testing. You state that the samples are potentially contaminated\nwith biological agents and ask whether such samples should be transported as Division\n6.2 materials.\nSection 172.101(c)(11) permits the shipment of a sample material to a laboratory for\ntesting by the assignment of a tentative proper shipping name based on the shipper's\nknowledge of the material. If you determine that the water sample is likely to contain an\ninfectious substance, then the material is subject to the HMR. In this case, you must\ntentatively assign the most appropriate proper shipping name and packing group from the\n§ 172.101 Hazardous Materials Table (HMT) based on the hazard class and packing\nshipper's responsibility). For a water sample suspected of containing an infectious\ngroup criteria in Part 173 and your best knowledge of the material (see § 173.22 for\nsubstance, the material must be described as Infectious substance, affecting humans,\"\nclassed as a Division 6.2 material, and assigned to UN 2814. In addition, the sample\nmust be transported in accordance with all HMR requirements applicable to the\ntransportation of Division 6.2 materials. Note that under § 172.101(c)(11), the word\nper package\nIf there is no reason to know or strongly suspect that the samples contain an infectious\nsubstance, the material is not considered a Division 6.2 material under the HMR.\n172:101600\n173.22\n040270\n\n<<<PAGE 2>>>\n\nProvided the samples are also not strongly suspected of meeting the definition of any\nother hazard class, the material is not subject to the HMR.\nI hope this information is helpful. Please contact this office if you have additional\nquestions.\nSincerely,\nHattie L. Mitchell'\nChief, Regulatory Review and Reinvention\nOffice of Hazardous Materials Standards\n\n<<<PAGE 3>>>\n\nMessage\nPage 1 of l\nINFOCNTR\nFrom: LaValle, Diane\nMIntyre\nSent:\nTuesday, November 23, 2004 3:20 PM\n§173.134\nTo:\nINFOCNTR\nSubject: FW: CDC Request for Interpretation of DOT Regulations\n3 / 73,144\n173.196\n-----Original Message-----\nInfectious Substances\nFrom: Hill, Vincent [mailto:VEH2@CDC.GOV]\nSent: Tuesday, November 23, 2004 2:50 PM\n04-0270\nTo: Exemptions@rspa.dot.gov\nJames M. MD\nCc: Popovic, Tanja; Nicholson, Janet; Eberhard, Mark L. (Atl); Juranek, Dennis D.; Holt, James D.; Hughes,\nSubject: CDC Request for Interpretation of DOT Regulations\nDear Associate Administrator for Hazardous Materials Safety,\nI am submitting this email to your office as an agent of the Centers for Disease Control and Prevention (CDC),\nDOT regulations that may be applicable to the shipment of 10-L water samples from drinking water systems that\nU.S. Department of Health and Human Services to request that your office provide CDC with an interpretation of\nRegulations (49 CFR Sections 173.134, 173.196, and 173.199), such water samples might be considered Class\nare potentially contaminated with biological agents. Based on our reading of the Hazardous Materials\nwhether there are controlling DOT regulations that prescribe requirements or standards for shipping 10-L water\n6, Division 6.2 materials containing or suspected to contain pathogens. CDC is requesting clarification as to\nagents. We are requesting this interpretation from your office based on advice that we received from Susan\nsamples from drinking water systems that are being investigated for possible contamination with biological\nGorsky during her recent visit to CDC.\nto receive guidance as soon as possible as to whether there are DOT regulations that apply to shipment of 10-L\nAs preparedness for potential attacks on U.S. drinking water systems is a critical concern for CDC, we would like\nwater samples by CDC during such investigations. Thank you for your consideration and help with this matter.\nSincerely,\nVincent R. Hill, Ph.D., P.E.\nParasitic Diseases Branch\nDivision of Parasitic Diseases\nCenters for Disease Control and Prevention\nMS/F-36\n4770 Buford Highway\nAtlanta, GA 30341-3724\n770-488-4432 (phone)\n770-488-4253 (fax;\nvhill@cdc.gov\n11/23/2004","truncated":false,"body_characters":4523}