{"operation":"document","citation":"14-0208","title":"Washington State Department of Health — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2015-03-26","effective_on":null,"summary":"14-0208 response to Washington State Department of Health concerning 173.134.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-14-0208.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-14-0208.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-14-0208","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2015/140208.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department\nof Transportation\nWashington, DC 20590\n1200 New Jersey Avenue SE\nPipeline and Hazardous\nAdministration\nMaterials Safety\nMAR 2 6 2015\nMr. Chuck Talburt\nWashington State Department of Health\nPublic Health Laboratories\n1610 NE 150* Street\nShoreline, WA 98155\nReference No. 14-0208\nDear Mr. Talburt:\nThis is in response to your October 29, 2014 e-mail requesting clarification of the\nHazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to a courier,\nfacilities for testing for the presence of the Ebola virus. You expressed concern that the\ncourier services currently used transport Category B infectious substances (Division 6.2),\nor excepted specimens, may be subject to additional regulation under the HMR if they are\npotentially Category A infectious substances. You ask if a courier transporting these\nspecimens must be dedicated to the purpose of transporting the specimens and not\ntransporting passengers or administrative material.\nIn accordance with HMR § 173.134(a)(1)(i), blood specimens known or reasonably\nexpected to contain the Ebola virus, or other infectious substance in a form capable of\ncausing permanent disability or life-threatening or fatal disease in otherwise healthy\nhumans or animals, would be classified as a Category A infectious substance. The offeror\nmay rely on the judgment of a responsible medical expert to determine whether the\nspecimens being shipped are reasonably expected to contain a Category A material.\nSpecimens classified as Category A infectious substances are subject to all applicable\nprovisions of the HMR for these materials (such as shipping papers, marking, labeling,\nemergency response information, and training) and must be packaged in accordance with\nthe requirements of § 173.196. Category A infectious substances transported in full\ncompliance with the HMR are not restricted to transport by private or contract carrier in a\ndedicated motor vehicle. However, in accordance with § 177.870(b) such hazardous\nmaterials may not be transported on a motor vehicle carrying passengers for hire unless no\nother practical means of transportation is available. Please note relief from the HMR that\n\n<<<PAGE 2>>>\n\nyou mentioned concerning Division 6.2 materials transported by private or contract carrier\nin a motor vehicle used exclusively to transport such materials is prescribed in\n§ 173.134(b) (10) and applies to Category B infectious substances only.\nI trust this information is helpful. If you have further questions, please do not hesitate to\ncontact this office.\nSincerely,\nDuane A. Pfund\nInternational Standards Coordinator\nStandards and Rulemaking Division\n2\n\n<<<PAGE 3>>>\n\nBabich\n$173.196\nCotergory A anfections\nDodd, Alice (PHMSA)\nsubstance\nFrom:\nCiccarone, Michael CTR (PHMSA)\n14-0208\nSent:\nTo:\nHazmat Interps\nThursday, October 30, 2014 9:36 AM\nSubject:\nFW: Letter of Interpretation\nShante/Alice,\nPlease submit this for a formal letter of interpretation. Mr. Talburt spoke with Adam Lucas and Shelby Geller in the\nHMIC.\nThanks,\nMike\nFrom: Talburt, Chuck D (DOH) [mailto:Chuck.Talburt@DOH.WA.GOV]\nTo: Ciccarone, Michael CTR (PHMSA)\nSent: Wednesday, October 29, 2014 6:12 PM\nSubject: RE: Letter of Interpretation\nDear Mike,\nAny correspondence should be sent to:\nWashington State Department of Health\nPublic Health Laboratories\n1610 NE 150* Street\nShoreline, WA 98155\nAttn: Chuck Talburt\nFrom: m.ciccarone.ctr@dot.gov [mailto:m.ciccarone.ctr@dot.gov]\nTo: Talburt, Chuck D. (DOH)\nSent: Wednesday, October 29, 2014 1:53 PM\nSubject: RE: Letter of Interpretation\nDear Chuck,\nhazardous materials regulations (49 CFR Parts 171-180).\nWe have received your request for a written letter of interpretation regarding the\nPlease include your company's physical address to expedite the submission process.\nSincerely,\nMike,\nHazardous Materials Specialist\nAn e-mail response from this office is considered informal guidance. Formal guidance may\nbe requested in accordance with 49 CER 105.20. http://phmsa.dot.gov/hazmat/regs/interps\n1\n\n<<<PAGE 4>>>\n\nFrom: Talburt, Chuck D (DOH) [mailto:Chuck.Talburt@DOH.WA.GOV]\nSent: Wednesday, October 29, 2014 2:40 PM\nTo: INFOCNTR (PHMSA)\nSubject: Letter of Interpretation\nDear Sir,\nI am writing this to clarity the use of couriers for transporting Category A, infectious substances and to define what\ndedicated courier is in the context of transporting these types of specimens.\nHere is the scenario:\nAs a state laboratory we are being asked by many of our laboratories about shipping blood specimens to us for testing\nfor Ebola virus in the event there is a potential case. We are very aware that specimens in the form being tested for the\npresence of Ebola are considered Category A, infectious substances (Ref: Transporting Infectious Substances\nSafely). The suspected specimens can either be transported by FedEx or private courier. The issue we are dealing with\nis what the defining criteria are for a dedicated private courier. Many of our labs offer courier services for their satellite\nfacilities but they typically deliver Category B or exempt type specimens. Now that they are being asked to deliver a\npotential Category A, infectious substance, their couriers may be in violation of USDOT transportation regulations. My\nunderstanding, from previous conversations with your office is that a courier transporting Category A, infectious\nsubstances must be a dedicated for the purpose of transporting specimens and not transporting passengers or\nadministrative material. This would also apply to privately owned vehicles and taxis.\nYour assistance in this matter is greatly appreciated.\nThanks very much,\nChuck Talburt - (206) 418-5404\n1910.1030\n2","truncated":false,"body_characters":5681}