National Headquarters — Hazardous Materials Safety Interpretation

Page 1U.S. Department of Transportation Nashington, D.C. 20591 100 Seventh Street, S.W Hazardous Materials Safety Pipeline and OCT 26 2006 Administration Mr. Michael I. Gorman Ref. No.: 06-0229 NE 7041B Senior Consultant 2025 E Street, NW National Headquarters Washington, DC 20006 Dear Mr. Gorman: This is in response to your October 10, 2006 letter requesting clarification of the training 180). Specifically, you ask if there were any changes to the training requirements for requirements provided in the Hazardous Materials Regulations (HMR; 49 CFR Parts 171- regulated medical waste shipments prepared in accordance with § 173.197 or § 173.6 of the HMR as a result of the recent rulemaking on infectious substances. On June 2, 2006 we published a final rule under Docket HM-226A entitled "Hazardous Materials: Infectious Substances; Harmonization with the United Nations Recommendations," which became effective on October 1, 2006. The rulemaking revised the transportation requirements for infectious substances, including regulated medical communication requirements consistent with revised international standards and to clarify waste, to adopt new classification criteria, new exceptions, and packaging and hazard existing requirements to promote compliance. Docket HM-226A did not alter the training requirements applicable to the transportation of regulated medical waste. Materials transported under § 173.197 continue to be subject to the training requirements in Part 172, Subpart H of the HMR. When regulated medical waste is transported as a Materials of Trade Exception in accordance with § 173.5, the operator of the motor vehicle must be informed of the presence of the hazardous material and be informed on the requirements in § 173.6, but is not subject the training requirements in Part 172, Subpart H of the HMR. I hope this information is helpful. Please contact us if you require additional assistance. Sincerely Office of Hazardous Materials Standards 113.197 (e) 173.6 060229#

Page 2Page 1 of 2 Supko $173.197 (eS INFOCNTR <PHMSA> §173.6 From: Gorman@usa.redcross.org training Sent: Monday, October 09, 2006 4:59 PM 08-0229 To: INFOCNTR <PHMSA> Cc: BLloyd@usa.redcross.org; EavesS@usa.redcross.org; DCozart@usa.redcross.org; HavasS@usa.redcross.org; ChandlerJe@usa.redcross.org Subject: Regulated Medical Waste, N.O.S.: Offeror and Transporter Training Requirements Mr. Edward T. Mazzullo U.S. DOT/PHMSA (PHH-10) Director, Office of Hazardous Materials Standards Washington, D.C. 20590-0001 400 7th Street S. W. Dear Mr. Mazzullo, medical waste, n.o.s. as stated in the June 2, 2006 Federal Register which went into effect on October 1, This email concerns the new DOT training requirements for offerors and transporters of Regulated 2006. First let me say that the only type of Regulated Medical Waste generated by American Red Cross facilities is Category B. In two separate phone calls to the Hazardous Materials Information Center, DOT staff indicated that Trial and reen general dees Seen y Agrees made Waitican Puntin peci initial and recurrent General Awareness, substances). They based their guidance on the following verbiage from the new regulations: (e) Training. Each person who offers 49 CFR § 173.199 Category B infectious substances. or transports a Category B infectious substance under the provisions of this section must know about the requirements of this section. While I do not disagree with their interpretation, I would like written confirmation from rederal DOT that the above training is no longer required substances transported under 49 CFR Part 173.6 as a Material of Trade? I have one additional question. Does the new training requirement apply to Category B infectious The personal contact information you require on your website for information requests is provided below. Thanks Mike Gorman + American Red Cross Enterprise Risk Corporate Safety Office 10/10/2006#