Guidanceguidance
11-0258
The University of North Carolina at Chapel Hill Department of Environment, Health & Safety — Hazardous Materials Safety Interpretation
Current as of source date Government source
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Page 11200 New Jersey Avenue SE U.S. Department Washington, DC 20590 of Transportation Pipeline and Hazardous Materials Safety Administration NOV 2 ::: 2011 Mr. Daniel Vick The University ofNorth Carolina at Chapel Hill Department of Envirorunent, Health & Safety 1120 Estes Drive Ext., CB# 1650 Chapel Hill, North Carolina 27599 Ref. No. 11-0258 Dear Mr. Vick: This responds to your letter requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to shipping papers. Specifically, you ask for guidance in detennining what technical name, ifany, should be indicated on a shipping paper for a Category A infectious substance prepared in accordance with § 172.203(k:) when the specific agent or pathogen is known. Category A infections substances must be described on a shipping paper as "UN2814, Infectious substances, affecting humans, 6.2" or "UN2900, Infectious substances, affecting animals, 6.2", as appropriate. Because both § 172.101 Hazardous Materials Table (HMT) entries are identified by the letter "G" in column 1 ofthe HMT, the technical name must be entered on a shipping paper, in parentheses, in association with the basic description as prescribed in § 172.203(k). Section 171.8 of the HMR defines a "technical name" as a recognized chemical name or microbiological name currently used in scientific and technical handbooks, journals, and texts. It also authorizes a generic description to be used as a technical name provided it readily identifies the general chemical or microbiological group ofthe material. Therefore, when the identity ofthe pathogen contained in an infectious substance is known, the technical name ofthe pathogen must be indicated in parentheses in association with the basic description on a shipping paper as prescribed in § 172.203(k). When the identity of the pathogen contained in an infectious substance is not known, but sufficient infonnation is available to strongly suspect that it does contain a Category A infectious substance, § 172.203(k) ofthe HMR requires that the words "suspected Category A infectious substance" must be entered in parentheses in place of the technical name as part ofthe#
Page 2proper shipping description on a shipping paper. Further, as specified in §§ 172.203(k) and 172.30 1 (b), regardless ofwhether the pathogen ofan infectious substance is known or not known, the technical name ofa Division 6.2 material should not be marked on the surface of its outer package. I trust this satisfies your inquiry. Please contact us ifwe can be of further assistance. Sincerely, T. Glenn Foster Chief, Regulatory Review and Reinvention Branch Standards and Rulemaking Division#
Page 3UNC I "-\lIte 1',\lIS1 ! \1\1 I 118 ~,\II,I Y ,+e,vtflS ~ 11z..·1CI ~ 17Z. W3 (1<) 5nippifl~ Pc,. pe rs The University of North Carolina at Chapel Hill I (_ /'\. 'J &.. () Department of Environment, Health & Safety c.,...I ~ <5 1120Estes Drive Ext., CB# 1650 Chapel Hill, North Carolina 27599 September 22,2011 Mr. Charles E. Betts Director, Office ofHazardous Materials Standards U.S. DOTIPHMSA (PHH-10) 1200 New Jersey Avenue, SE East Building, 2nd Floor Washington, DC 20590 Re: 49 CFR 172.203(k) interpretation request Dear Mr. Betts, I hope you can provide some clarification regarding 49 CFR 172.203(k) as it applies to UN2814 Infectious Substance, affecting humans. According to section 172.10 I (b)(4) when the letter G appears in column one ofthe Table ofHazardous Materials (172.10 I) a technical name is required in parenthesis in association with the basic description. Section 172.203(k) also explains that any item with the letter "G" in column one ofthe Table ofHazardous Materials (172.101) must show a technical name in parenthesis in association with the basic description on the shipping paper. Since section 172.203(k) explains that a technical name for division 6.2 materials should not be marked on the outer package this request only pertains to the proper shipping name and technical name that is written on the shipping paper. Section 172.203(k) goes on to say that when a substance is suspected to contain a division 6.2 substance the phrase "suspected Category A infectious substance" should be entered in parenthesis in place ofthe technical name. This leads me to believe that when we know the technical name ofthe substance we are to write it in parenthesis next to the proper shipping name on the shipping paper. We were told recently by a PHMSA agent that regardless ofwhether or not we know what the substance is we must always write "suspected Category A infectious substance" in parenthesis next to the proper shipping name on the shipping paper. I have read through the relevant sections ofthe 49 CFR and simply cannot find where this rule is written. Can you please clarify if we are to write the actual technical name in parenthesis after the proper shipping name on the shipping paper for UN2814 items or are we to write only "suspected Category A infectious substance" in parentheses next to the proper shipping name regardless if we know what the substance is? Daniel Vick Phone: 919-962-5712 Fax: 919-962-0227 Email: dcvick@ehs.unc.edu#
This material provides agency context. It does not replace binding regulatory text, and its legal effect depends on the underlying authority and facts.