{"operation":"document","citation":"08-0209","title":"Biodiversity Research Institute University of Kansas — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2008-12-22","effective_on":null,"summary":"08-0209 response to Biodiversity Research Institute University of Kansas concerning 173.120, 173.185.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-08-0209.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-08-0209.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-08-0209","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2008/080209.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department\nof Transportation\nPipeline and Hazardous Materials\nSafety Administration\n1200 New Jersey-Ave.. SE\nWashington, DC 20590\nDEC 3 ? 2 2 8\nMr. Andrew Bentley\nBiodiversity Research Institute\nUniversity of Kansas\n1345 Jayhawk Boulevard\nLawrence, KS 66045\nRef. No.: 08-0209\nDear Mr. Bentley:\nThis responds to you letter regarding the Hazardous Materials Regulations (HMR; 49 CFR\nParts 1 7 1 - 1 80) as they apply to the transportation of fluid preserved research specimens of\nmammals, birds, fishes, insects and other invertebrates, and amphibians and reptiles. While\nmany of your specimens are \"dry\" (skeletons, skins, pinned insects), a significant number are\nstored or transported moistened in 70% ethanol solution, a standard practice in natural history\nmuseums worldwide. Still others are stored or transported \"wet\" in 95% ethanol for genetic\nor DNA extraction purposes.\nYou state that you represent two organizations whose members include natural history\nmuseums and collections worldwide (The Society for Preservation of Natural History\nCollections (SPNHC) and the Natural Science Collections Alliance (NSCA)). You have been\ntasked with attempting to resolve issues involving shipping specimens both domestically and\ninternationally between museums and individual researchers studying the life of the planet as\nit pertains to biodiversity, ecology, genetics, conservation, evolution, and virtually any other\naspect of natural history.\nYour members were discussing two previous interpretations regarding zoology specimens\nshipped in 70% ethanol solution (Ref. No. 05-0139; 8/9/05) and invertebrates stored in 70%\nethanol solution (Ref. No. 07-0076; 8/2/07). Specifically, you asked for clarification of these\nresponses. Your current shipping procedures vary depending on the type of specimen being\nshipped. The various scenarios include:\nSpecimens wrapped in cheesecloth wet with 70% ethanol with little or no\nvisible fluid at time of packaging, and\nSpecimens placed in vials or other rigid containers with 30 ml or less of 70%\nor 95% ethanol (fluid preserved specimens)\nYour current shipping procedures use triple-bagging and absorbent and shock-absorbing\nmaterial to protect the specimens. The larger vertebrate and invertebrate specimens are\nremoved from their storage jars and wrapped in cheesecloth moistened with 70% ethanol.\n\n<<<PAGE 2>>>\n\nThe cheesecloth-wrapped specimens are then placed into a plastic bag. The bag is closed\nwith a heat sealer. The bag is subsequently heat-sealed inside a second bag, which is then\nheat-sealed inside a third bag, along with an appropriate amount of absorbent material. The\nbags are then packed in sturdy cardboard boxes (200 lb test weight) and cushioned by\nStyrofoam packing \"peanuts\".\nThe previous responses were provided on a case-by-case basis, and do not necessarily\naddress all types of transportation scenarios. The two previous requests for interpretation\ndescribed the packing methods used in both scenarios as having \"little or no visible free-\nflowing liquid at the time they are sealed.\" Consequently, it was our .opinion that the\nprocedures and methods described in these letters and used for shipment of the cheesecloth-\nwrapped specimens moistened with 70% ethanol to protect the specimens from drying out\nand damage, and the fluid preserved dry specimens in shell vials of less than 30 ml of 70%\nethanol to prevent desiccation, mitigate the minimal hazard that may be present during\ntransportation.\nBased on the information provided in your letter, it is the opinion of this Office that in\naccordance 5 1 73.120(d), shipments of zoological specimens preserved in ethanol that are\npackaged as described in your letter are not subject to regulation under the HMR.\nI hope this information is helpful. If we can be of fiuther assistance, please contact us.\nSincerely\nCharles E. Betts\nStandards Development\nof Hazardous Materials Standards\n\n<<<PAGE 3>>>\n\nMr. Edward T. Mazzullo\nDirector, Office of Hazardous Materials Standards, PHH-10\nPipeline and Hazardous Materials Safety Administration A 1 1 ~ b , 7\nU.S. Department of Transportation\nPP\nWashington, DC 20590\nAndrew Bentley\nBiodiversity Research Institute\nUniversity of Kansas\n1345 Jayhawk Boulevard\nLawrence, KS 66045\nTel: (785) 864-3863\nEmail: abentley@ku.edu\nAugust 1 lth 2008\nDear Mr. Mazzullo\nI represent two organizations whgse members include natural history museums and collections\nworldwide (The Society for the Preservation of Natural History Collections (SPNHC) and the\nNatural Science Collections Alliance (NSCA)) and have been tasked with attempting to resolve\nissues involving shipping specimens both domestically and internationally between museums and\nindividual researchers studying the life of the planet as it pertains to biodiversity, ecology,\ngenetics, conservation, evolution, and virtually any other aspect of natural history.\nRecently we convened a roundtable at our joint conference in Oklahoma City (which Shane\nKelley of DOT attended) at which we attempted to get resolution of these issues. Copied to\nattending representatives of DOT, IATA, UPS and FedEx were two letters of interpretation\nemanating from your office - one to the Field Museum (Ref. No. 05-0139) and the other to the\nLos Angeles Natural History Museum (Ref. No. 07-0076) dealing with the shipping of natural\nhistory specimens in small quantities of hazardous materials, specifically 70% ethanol.\nIn discussion with the attending representatives and SPNHC members it became clear that the\nletters were contradictory and not all-encompassing with respect to the types and qu,antities of\nmaterials and hazardous materials we are sending. Specifically, the Natural History Museum of\nLos Angeles County letter states in the third chapter that \"The small specimens in shell vials\ncontaining less than 30ml of ethanol are sealed in the same manner ....\" while just below that in\nthe same paragraph it states \"After sealing in the two plastic bags, there is little or no visible free\nflowing liquid.\" This appears to be contradictory in that specimens in shell vials would be in free\nstanding ethanol that would be \"visible.\" There is also a need to expand the hazardous materials\noutlined to include small quantities of 95% ethanol and packages which require more than 30ml\nof fluid but have no visible fluid at time of packaging as outlined below.\nMuseums worldwide maintain collections of billions of specimens of mammals, birds, fishes,\ninsects and other invertebrates, and amphibians and reptiles. Our collections exist, in part, to give\nthe scientific community an opportunity to study specimens collected decades (or even centuries)\nago, to answer questions about biodiversity, ecology, genetics, conservation, evolution, and\nvirtually all other aspects of natural history. These collections are not unlike libraries, with a\nwealth of information associated with each and every specimen. While many of our specimens\nare \"dry\" (skeletons, skins, pinned insects), a significant number are stored or transported\nmoistened in a 70% ethanol solution (\"fluid-preserved\" specimens), a standard practice in natural\nhistory museums worldwide. Still others are stored or transported in wet in 95% ethanol for\ngenetic or DNA extraction purposes.\nJust as libraries loan out their books, we loan our specimens to researchers all over the world.\nThere are literally thousands of these packages that are sent domestically every year to and from\n\n<<<PAGE 4>>>\n\nthe approximately 2500 museums and collections in the US (not to mention an exponentially\nlarger number of international shipments to and from the thousands more museums and\ncollections abroad outside the jurisdiction of DOT). Of course, this involves great care and effort\nto ensure our specimens are not damaged in transit (each specimen is unique and irreplaceable),\nbut with careful packing this can be done. My question relates to the applicability of the HMR to\nour shipping procedures, specifically those used for fluid-preserved specimens.\nOur current shipping procedures vary depending on the type of specimen being sent. Superior\npacking is of critical importance to us since the specimens can suffer significant, permanent\ndamage if allowed to dry out. Thus we take great pains (such as triple-bagging and the addition of\nboth absorbent and shock-absorbing material) to ensure the specimens are well-protected.\nThe larger vertebrate and invertebrate specimens are removed from their storage jars and\nwrapped in cheesecloth moistened with 70% ethanol. The cheesecloth-wrapped specimens are\nthen placed into a plastic bag. Next the bag is closed with a heat sealer. This bag is subsequently\nheat-sealed inside a second bag, which is then heat-sealed inside a third bag, along with an\nappropriate amount of absorbent material. The bags are then packed in sturdy cardboard boxes\n(2001b test weight) and cushioned by Styrofoam packing \"peanuts\".\nFor delicate specimens, as well as tissue samples used in genetic research, that cannot\nwithstand being wrapped in cheesecloth, the packing protocol varies slightly. Small specimens or\ntissues are placed in sealed glass or polypropylene vials which are filled with 30ml or less of\neither 70% or 95% ethanol. These vials are then sealed in secondary and tertiary bags, again\nusing a heat sealer, together with sufficient absorbent material.\nThe various scenarios thus include:\nSpecimens wrapped in cheesecloth wet with 70% ethanol with little or no visible fluid at\ntime of packaging, and\nSpecimens placed in vials or other rigid containers with 30ml or less of 70% or 95%\nethanol visible fluid\nWe are thus writing to obtain a further letter of interpretation concerning the shipment of\npreserved museum specimens addressed to the two organizations mentioned above that would\nbe effective for all our members and encompass all the various scenarios outlined in the above\nparagraph. Our hope is that by providing you with technical information and an outline of our\ncurrent shipping procedures, you can determine if we are subject to the requirements of the\nHazardous Materials Regulations (HMR; 49 CFR Parts 171-180).\nPlease do not hesitate to contact me if further information or explanation is required regarding\nany of the above.\nThanking you in advance\nAndy Bentley\nBiodiversity Research Institute\nUniversity of Kansas\n1345 Jayhawk Boulevard\nLawrence, KS 66045\nTel: (785) 864-3863\nEmail: abentley@ku.edu","truncated":false,"body_characters":10434}