Mr. Dave Middleton — Hazardous Materials Safety Interpretation

Page 1of Transportation U.S. Department Washington, D.C. 20590 400 Seventh Street, S.W. Pipeline and Hazardous Materials Safety Administration MAR - 0 2007 Mr. Dave Middleton 75 Garden Drive Reference No. 07-0016 Montgomery, IL 60538 Dear Mr. Middleton: This is in response to your January 12, 2007 letter requesting clarification of the Hazardous for Division 6.2 (infectious substance) materials apply to the transportation of blood and/or other Materials Regulations (HMR; 49 CFR Parts 171-180). Specifically, you ask if the regulations body fluids and materials collected for disposal at various crime scene or unattenced death clean- up operations. You state these materials may or may not have come from persons infected with various diseases. The HMR define a Division 6.2 material under § 173.134 as a material known to contain or suspected of containing a pathogen. In accordance with § 173.22, it is the shipper's responsibility to properly class and describe a hazardous material. This office does not perform that function. A shipper must classify the waste generated from a crime scene as a Division 6.2 material if he or she knows or suspects it contains a Category A or Category B pathogen, as defined in § 173.134(a)(1)(i) and (a)(1)(ii). Category A infectious substance pathogenic material is in a form that is capable of causing permanent disability or life-threatening or fatal disease in otherwise healthy humans or animals when exposure to it occurs. Category B infectious substance pathogenic material includes all other infectious substances that do not ineet the Category A definition. A material that is not known or suspected to contain an infectious substance and does not meet the definition of another hazardous material is not regulated under I hope this information is helpful. Sincerely, Hatsable Hattie L. Mitchell, Chief Office of Hazardous Materials Standards Regulatory Review and Reinvention 173.22 173.134 070016#

Page 2Edmonson $ 113.134 Dave Middleton 75 Garden Dr Infectious Substances January 12, 2007 Montgomery, IL 60538 07-0016 U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration 400 Seventh Street, SW Room 8410 Washington, DC 20590 Dear U.S. DOT: I am writing to ask you for clarification of HMR; 49 CFR Parts 171-180. Specifically does transporting the byproduct of cleaning up after a crime scene, homicide, suicide or unattended death i.e. bloody carpet, bloody towels, rags, sometimes small pieces of skull, substance) or in 173.2. In most (if not all) cases it is not known if the deceased was or brain matter fall under any DOT guidelines in 173.134 Division 6.2 (infectious infected with anything infectious. My understanding of this HMR is that this type of transportation does not require any special permits, DOT numbers or labels. Is that correct? 1 am starting a new company for this service and I want to be certain I comply my files. Thank You for your help in this matter. with OSHA, DOT and EPA standards. Please respond by mail to the above address for Sincerely, DiA Dave Middleton#