{"operation":"document","citation":"12-0051","title":"United Parcel Service — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2012-05-25","effective_on":null,"summary":"12-0051 response to United Parcel Service concerning 173.134, 173.199.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-12-0051.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-12-0051.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-12-0051","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretations/2012/120051.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department\nof Transportation\nPipeline and Hazardous\nMaterials Safety\nAdministration\n1200 New Jersey Avenue, SE\nWashington, D.C. 20590\nMAY 2 5 2012\nMr. Samuel Elkind\nCorporate Regulated .Goods Manager\nUnited Parcel Service\n55 Glenlake Parkway, NE\nAtlanta, GA 30328-3474\nRef. No. 12-0051\nDear Mr. Elkind:\nThis responds to your February 3, 2012letter regarding the applicability of the Hazardous\nMaterials Regulations (HMR; 49 CPR Parts 171-180). Specifically, you inquire as to the\nappropriate marking requirements for shipments of material used for diagnostic or treatment\npurposes that are refrigerated with dry ice as specified in§ 173.199(d)(2). You reference a\nletter of interpretation issued by PHMSA on July 20, 2011 (Ref. No.: 11-0 112), which states\nthat \"UN33 73\" and \"frozen medical specimens\" satisfies the marking requirements. You\nindicate that such medical shipments could be transported for a variety of purposes unrelated\nto treatment or diagnosis and ask if the proper shipping name \"Biological Substances,\nCategory B\" would also satisfy the marking requirement in§ 173.199(d)(2).\nWe have reviewed our July 20, 2011letter and we continue to believe that our interpretation\nis consistent with the language and intent of the regulatory requirement set forth in\n§ 1 73 .199( d)(2). Section 1 73 .199( d)(2) requires that the package is marked with the wording\n\"Carbon dioxide, solid\" or \"Dry ice\" and an indication that the material being refrigerated is\nused for diagnostic treatment purposes. It provides the example \"frozen medical specimens\"\nas an acceptable marking. For this reason, the proper shipping name \"Biological Substances,\nCategory B\" would not satisfy the marking requirements for materials intended for diagnostic\nor treatment purposes that are refrigerated with dry ice.\nI hope this answers your inquiry. If you have further questions, please contact this office.\ns;gysr/--\nBen Supko\nActing Chief, Standards Development Branch\nStandards and Rulemaking Division\n\n<<<PAGE 2>>>\n\n·. ,,\n55 Glenlake Parkway, NE\nAtlanta, GA 30328-3474\nFebruary 3, 2012\nMr. Charles Betts\nDirector, Hazardous Materials Standards Division\nPipeline and Hazardous Materials Safety Administration\nU.S Department of Transportation\n1200 New Jersey Avenue, SE- PHH-10\nEast Building, Second Floor\nWashington, DC 20590\nRe: 49 CFR 173.217(d) and Interpretation Reference No. 11-0112\nDear Mr. Betts:\nOn behalf of UPS, I write for additional clarification ofPHMSA's expectations related to the\ntype of information required to be marked on shipments offered in conformance with 49 CFR\n173.217(d). This subsection offers the following exception for certain dry ice shipments:\nCarbon dioxide, solid (dry ice), when used to refrigerate materials being shipped for diagnostic or\ntreatment purposes (e.g., frozen medical specimens), is excepted from the shipping paper and\ncertification requirements of this subchapter if the requirements of paragraphs (a) and (c)(2) of this\nsection are met and the package is marked \"Carbon dioxide, solid\" or \"Dry ice\" and is marked\nwith an indication that the material being refrigerated is being transported for diagnostic or\ntreatment purposes.\nIn this inquiry, we focus specifically on the marking, which is required to be \"an indication that\nthe material being refrigerated is being transported for diagnostic or treatment purposes.\"\nPHMSA's answer to a May 2011 inquiry from Mr. Jeremy Nantz states that the UN3373\nmarking would not, of itself, satisfy the conditions of this exception (letter to Mr. Nantz, dated\nJuly 20, 2011; Reference No. 11-0112). PHMSA states that the example provided in the\nsubsection, \"frozen medical specimens,\" is an illustration of an acceptable marking.\nIn this answer, PHMSA appears to focus specifically on the UN3373 marking, which is\ndisplayed within a hollow diamond. However, that marking alone is not sufficient to .comply\nwith§ 173.199. A compliant shipment must display the UN3373 marking in association with the\nproper shipping name, \"Biological Substances, Category B.\" UPS seeks to understand whether\nPHMSA's interpretation holds that a properly marked package of Biological Substances,\nCategory B- displaying both the proper shipping name and the associated UN3373 marking- is\ndeemed to require some supplemental notation in order to be understood as \"being transported\nfor diagnostic or treatment purposes.\"\nThe question arises because PHMSA's July 2011 response runs counter to expectations. While\nthe marking UN3373 does not contain information that reveals the purpose of the shipment, the\n\n<<<PAGE 3>>>\n\nsame could be said of the phrase \"Frozen Medical Specimens.\" Such medical shipments could\nbe transported for a variety of purposes unrelated to treatment or diagnosis, ranging from basic\nbiological research to long-term storage associated with tissue preservation. In light of the\nevident ambiguity that PHMSA tolerates for the phrase \"Frozen Medical Specimens,\" it appears\nthat the proper shipping name, \"Biological Substances, Category B\" would be equally\nsatisfactory, and UPS seeks to understand whether, in consideration of the full marking required\nfor a shipment of Biological Substances, Category B, PHMSA continues to hold that\nsupplemental information must be marked on such a package in order to derive the benefit of\n§ l73.217(d).\nWhile helping UPS management to better understand the intent of this requirement, your answer\nwill help UPS to guide its customers and employees. Thank you for your assistance.\nSincerely,\nCorporate Regulated Goods Manager","truncated":false,"body_characters":5565}