{"operation":"document","citation":"11-0258","title":"The University of North Carolina at Chapel Hill Department of Environment, Health & Safety — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2011-11-22","effective_on":null,"summary":"11-0258 response to The University of North Carolina at Chapel Hill Department of Environment, Health & Safety concerning 171.8, 172.203.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-11-0258.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-11-0258.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-11-0258","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretations/2011/110258.pdf","body":"<<<PAGE 1>>>\n\n1200 New Jersey Avenue SE\nU.S. Department Washington, DC 20590\nof Transportation\nPipeline and Hazardous\nMaterials Safety\nAdministration\nNOV 2 ::: 2011\nMr. Daniel Vick\nThe University ofNorth Carolina at Chapel Hill\nDepartment of Envirorunent, Health & Safety\n1120 Estes Drive Ext., CB# 1650\nChapel Hill, North Carolina 27599\nRef. No. 11-0258\nDear Mr. Vick:\nThis responds to your letter requesting clarification of the Hazardous Materials\nRegulations (HMR; 49 CFR Parts 171-180) applicable to shipping papers. Specifically,\nyou ask for guidance in detennining what technical name, ifany, should be indicated on a\nshipping paper for a Category A infectious substance prepared in accordance with\n§ 172.203(k:) when the specific agent or pathogen is known.\nCategory A infections substances must be described on a shipping paper as \"UN2814,\nInfectious substances, affecting humans, 6.2\" or \"UN2900, Infectious substances, affecting\nanimals, 6.2\", as appropriate. Because both § 172.101 Hazardous Materials Table (HMT)\nentries are identified by the letter \"G\" in column 1 ofthe HMT, the technical name must be\nentered on a shipping paper, in parentheses, in association with the basic description as\nprescribed in § 172.203(k).\nSection 171.8 of the HMR defines a \"technical name\" as a recognized chemical name or\nmicrobiological name currently used in scientific and technical handbooks, journals, and\ntexts. It also authorizes a generic description to be used as a technical name provided it\nreadily identifies the general chemical or microbiological group ofthe material. Therefore,\nwhen the identity ofthe pathogen contained in an infectious substance is known, the\ntechnical name ofthe pathogen must be indicated in parentheses in association with the\nbasic description on a shipping paper as prescribed in § 172.203(k). When the identity of\nthe pathogen contained in an infectious substance is not known, but sufficient infonnation\nis available to strongly suspect that it does contain a Category A infectious substance,\n§ 172.203(k) ofthe HMR requires that the words \"suspected Category A infectious\nsubstance\" must be entered in parentheses in place of the technical name as part ofthe\n\n<<<PAGE 2>>>\n\nproper shipping description on a shipping paper. Further, as specified in §§ 172.203(k)\nand 172.30 1 (b), regardless ofwhether the pathogen ofan infectious substance is known or\nnot known, the technical name ofa Division 6.2 material should not be marked on the\nsurface of its outer package.\nI trust this satisfies your inquiry. Please contact us ifwe can be of further assistance.\nSincerely,\nT. Glenn Foster\nChief, Regulatory Review and Reinvention Branch\nStandards and Rulemaking Division\n\n<<<PAGE 3>>>\n\nUNC I \"-\\lIte 1',\\lIS1 ! \\1\\1 I 118 ~,\\II,I Y ,+e,vtflS\n~ 11z..·1CI\n~ 17Z. W3 (1<)\n5nippifl~ Pc,. pe rs\nThe University of North Carolina at Chapel Hill I (_ /'\\. 'J &.. ()\nDepartment of Environment, Health & Safety c.,...I ~ <5\n1120Estes Drive Ext., CB# 1650\nChapel Hill, North Carolina 27599\nSeptember 22,2011\nMr. Charles E. Betts\nDirector, Office ofHazardous Materials Standards\nU.S. DOTIPHMSA (PHH-10)\n1200 New Jersey Avenue, SE East Building, 2nd Floor\nWashington, DC 20590\nRe: 49 CFR 172.203(k) interpretation request\nDear Mr. Betts,\nI hope you can provide some clarification regarding 49 CFR 172.203(k) as it applies to UN2814 Infectious\nSubstance, affecting humans.\nAccording to section 172.10 I (b)(4) when the letter G appears in column one ofthe Table ofHazardous Materials\n(172.10 I) a technical name is required in parenthesis in association with the basic description. Section 172.203(k)\nalso explains that any item with the letter \"G\" in column one ofthe Table ofHazardous Materials (172.101) must\nshow a technical name in parenthesis in association with the basic description on the shipping paper. Since section\n172.203(k) explains that a technical name for division 6.2 materials should not be marked on the outer package this\nrequest only pertains to the proper shipping name and technical name that is written on the shipping paper. Section\n172.203(k) goes on to say that when a substance is suspected to contain a division 6.2 substance the phrase\n\"suspected Category A infectious substance\" should be entered in parenthesis in place ofthe technical name. This\nleads me to believe that when we know the technical name ofthe substance we are to write it in parenthesis next to\nthe proper shipping name on the shipping paper.\nWe were told recently by a PHMSA agent that regardless ofwhether or not we know what the substance is we must\nalways write \"suspected Category A infectious substance\" in parenthesis next to the proper shipping name on the\nshipping paper. I have read through the relevant sections ofthe 49 CFR and simply cannot find where this rule is\nwritten. Can you please clarify if we are to write the actual technical name in parenthesis after the proper shipping\nname on the shipping paper for UN2814 items or are we to write only \"suspected Category A infectious substance\"\nin parentheses next to the proper shipping name regardless if we know what the substance is?\nDaniel Vick\nPhone: 919-962-5712\nFax: 919-962-0227\nEmail: dcvick@ehs.unc.edu","truncated":false,"body_characters":5198}