{"operation":"document","citation":"07-0023","title":"NM Scientific Lab — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2007-03-01","effective_on":null,"summary":"07-0023 response to NM Scientific Lab concerning 173.6.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-07-0023.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-07-0023.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-07-0023","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2007/070023.pdf","body":"<<<PAGE 1>>>\n\nof Transportation\nU.S. Department\n400 Seventh Street, S.W.\nWash ngton, D.C. 20590\nPipeline and\nAdministration\nHazardous Materials Safety\nMAR\n1 2007\nMs. Pamela Morden MT (ASCP), MPH\nRef. No. 07-0023\nLaboratory Bioterrorism Readiness Coodinator\nNM Scientific Lab\n700 Comino de Salud NE\nAlbuquerque, NM 87196-4700\nDear Ms. Morden:\nThis is in response to your January 25, 2007 e-mail regarding the materials of trade exceptions\n(MOTS) under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). You\nstate that you receive potential pathogens (formerly belonging to risk group 2 and 3) that have\nbeen isolated from patients for further identification and testing. You ask whether a private\ncourier service can use MOTS to transport non-Category A cultures that are intentionally\npropagated, but are not contained in human or animal samples.\nThe answer is no. Under § 173.6 of the HMR, the MOTS exception may be used to transport a\nDivision 6.2 material, other than a Category A infectious substance, contained in human or\nanimal samples (including, but not limited to, secreta, excreta, blood and its components,\ntissue and tissue fluids, and body parts) being transported for research, diagnosis,\ninvestigational activities, or disease treatment or prevention, or is a biological product or\nregulated medical waste.\nAlthough your material is other than a Category A infectious substance, it is not contained in\nhuman or animal samples and, therefore, does not meet the requirements for the NOTS\nexception for Division 6.2 material found under § 173.6.\nI hope this information is helpful.\nChief, Standards Development\nOffice of Hazardous Materials Standards\n173.6\n070023\n\n<<<PAGE 2>>>\n\nFoster\nPage 1 of 1\n3173.4\nJarman, Erin <PHMSA>\nMOT\n01-0023\nFrom:\nMorden, Pam, DOH [Pam.morden@state.nm.us]\nSent:\nThursday, January 25, 2007 1:31 PM\nTo:\nINFOCNTR <PHMSA>\nCc:\nOty, Gary, DOH; Nihart, John, DOH; Bell, Melissa, DOH\nSubject: Request for Written Response to Question About 49 CFR Part 173.6\nHello, DOT Hotline Staff:\nI submitted a similar question to the one below via your website on July 13, 2006 and received a very quick and\nsatisfactory reply by phone from Rob, but now that we're passing the information on to others we've been aske\no supply the DOT's response in writing. Could you help us out? Thank-you kindly\nCategory: Shippers-General Requirements for Shipments and Packaging (Sections 173.1 - 173.476)\nstill unclear about this: can a private courier service transport non-Category A \"cultures\" (i.e., Category B\nComments/Question: I've read the new (June 2, 2006) 49 CFR Part 173.6 (Materials of Trade Exceptions) but am\nintectious substances, intentionally propagated, but not contained in human or animal samples)? This issue is\nextremely important to us as a Public Health Laboratory, as our submitters must often send potential pathogens\nformerly belonging to risk groups 2 & 3) isolated from patients to us for further identification and testing.\nLaboratory Bioterrorism Readiness Coordinator\nPamela Morden MT(ASCP), MPH\n700 Camino de Salud NE\nNM Scientific Lab\noffice: (505) 841-2511\nAlbuquerque, New Mexico 87196-4700\nfax: (505) 841-2543\ncell: (505) 250-6244\ne-mail: pam.morden@state.nm.us\nConfidentiality Notice: This e-mail, including all attachments is for the sole use of the intended recipient\n(s) and may contain confidential and privileged information. Any unauthorized review: use, disclosure\nor distribution is prohibited unless specifically provided under the New Mexico Inspection of Public\nmessage. -- This email has been scanned by the Sybari - Antigen Email System.\nRecords Act. If you are not the intended recipient, please contact the sender and destroy all copies of this\n1/26/2007","truncated":false,"body_characters":3733}