{"operation":"document","citation":"13-0068","title":"New York State Department of Environmental Conservation — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2013-06-13","effective_on":null,"summary":"13-0068 response to New York State Department of Environmental Conservation concerning 171.8.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-13-0068.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-13-0068.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-13-0068","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2013/130068.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department of Transportation\nPipeline and Hazardous Materials\nSafety Administration\nJUN 1 3 2013\n1200 New Jersey Ave, SE\nWashington, D.C. 20590\nAlan G. Woodard, Ph.D.\nBureau of Permitting and Planning\nDivision of Materials Management\nNew York State Department of Environmental Conservation\n625 Broadway\nAlbany, NY 12233-7258\nReference No. 13-0068\nDear Mr. Woodard:\nThis is in response to your March 28, 2013 e-mail and telephone conversation with a member of\nmy staff requesting clarification on whether the transportation of used sharps collected as part of a\npublic health program complies with the Hazardous Materials Regulations (HMR; 49 CFR Parts\n171-180). You state this program permits used sharps to be collected from individuals and placed\nin authorized sharps containers at 198 registered locations in New York City. You further state\nthese sharps containers are periodically picked up by persons hired to prepare them for\ntransportation in packagings that comply with the HMR's requirements for Division 6.2 Materials\nof Trade (MOT). These persons then transport the completed packages by foot and/or public\ntransportation (i.e., subway, cab, bus, or car for hire) to authorized facilities for proper disposal.\nYou ask if the method you described for transporting these materials is in compliance with the\nHMR.\nThe answer is no. As defined in § 171.8, Material of trade means a hazardous material, other than\na hazardous waste, that is carried on a motor vehicle-\n( 1) For the purpose of protecting the health and safety of the motor vehicle operator or\n(2) (3) passengers;\nFor the purpose of supporting the operation or maintenance of a motor vehicle (including\nits auxiliary equipment); or\nBy a private motor carrier (including vehicles operated by a rail carrier) in direct support of\na principal business that is other than transportation by motor vehicle.\nIn the example you described, none of the sharps containers are being transported by private motor\ncarrier. Although the HMR does not specifically define \"private motor carrier,\" this Office has\ninterpreted this te1m to mean that a \"private motor carrier\" is a carrier that transports a business'\nown products and does not provide such transportation service to other businesses. None of the\ntransportation vehicles you describe is a private motor carrier. You may wish to apply for\n--------- ---- -----------\n\n<<<PAGE 2>>>\n\nregulatory relief to authorize the transportation of these used sharps under the terms of a special\npermit. Special permits are granted on a case-by-case basis and the application procedures are set\nforth in 49 CFR 107.105. The Pipeline and Hazardous Materials Safety Administration's\nApprovals and Permits Division may be reached at (202) 366-4535.\nI hope this satisfies your request.\nSincerely,\nT. Glenn Foster\nChief, Regulatory Review and Reinvention Branch\nStandards and Rulemaking Division\n\n<<<PAGE 3>>>\n\nFrom: Alan Woodard [mailto:agwoodar@gw.dec.state.ny.us]\nSent: Thursday, March 28, 2013 11:32 AM\nTo: Edmonson, Eileen (PHMSA)\nSubject: RE: Agricultural Clearance Material\nEileen:\nThank you so much for your responses and for discussing the conveyance by foot and public\ntransportation with me. As I mentioned, we are collaborating with our State Health Department on\nestablishing sharps collection sites around the state and have 198 collection sites currently. An issue that\nhas surfaced that involves primarily NYC where collections are made at participating facilities registered\nwith us. Sharps containers are dropped off at the facilities and then several days later are picked up and\ncarried by foot to a public transportation mechanism (i.e., subway, cab, bus or car for hire). The Health\nDepartment is interested in expanding this program. Is this conveyance practice acceptable and what are\nthe packaging, labeling and shipping paper requirements that should be utilized for these\nmechanisms? As I indicated I can see that carrying a box labeled biohazard or otherwise onto public\ntransportation as being very alarming within NYC and the potential for inappropriate disposal as a\nconcern. I would appreciate it if you could provide me with a response on this. Thanks again.\nAlan\nAlan G. Woodard, Ph.D.\nNew York State Department of Environmental Conservation\nDivision of Materials Management\nBureau of Permitting & Planning\n625 Broadway\nAlbany, New York 12233-7258\nOffice: (518) 402-8706\nFax: (518) 402-8681\nE-Mail:agwoodar@gw.dec.state.ny.us","truncated":false,"body_characters":4474}