Washington State Department of Health — Hazardous Materials Safety Interpretation

Page 1U.S. Department of Transportation Washington, DC 20590 1200 New Jersey Avenue SE Pipeline and Hazardous Administration Materials Safety MAR 2 6 2015 Mr. Chuck Talburt Washington State Department of Health Public Health Laboratories 1610 NE 150* Street Shoreline, WA 98155 Reference No. 14-0208 Dear Mr. Talburt: This is in response to your October 29, 2014 e-mail requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to a courier, facilities for testing for the presence of the Ebola virus. You expressed concern that the courier services currently used transport Category B infectious substances (Division 6.2), or excepted specimens, may be subject to additional regulation under the HMR if they are potentially Category A infectious substances. You ask if a courier transporting these specimens must be dedicated to the purpose of transporting the specimens and not transporting passengers or administrative material. In accordance with HMR § 173.134(a)(1)(i), blood specimens known or reasonably expected to contain the Ebola virus, or other infectious substance in a form capable of causing permanent disability or life-threatening or fatal disease in otherwise healthy humans or animals, would be classified as a Category A infectious substance. The offeror may rely on the judgment of a responsible medical expert to determine whether the specimens being shipped are reasonably expected to contain a Category A material. Specimens classified as Category A infectious substances are subject to all applicable provisions of the HMR for these materials (such as shipping papers, marking, labeling, emergency response information, and training) and must be packaged in accordance with the requirements of § 173.196. Category A infectious substances transported in full compliance with the HMR are not restricted to transport by private or contract carrier in a dedicated motor vehicle. However, in accordance with § 177.870(b) such hazardous materials may not be transported on a motor vehicle carrying passengers for hire unless no other practical means of transportation is available. Please note relief from the HMR that#

Page 2you mentioned concerning Division 6.2 materials transported by private or contract carrier in a motor vehicle used exclusively to transport such materials is prescribed in § 173.134(b) (10) and applies to Category B infectious substances only. I trust this information is helpful. If you have further questions, please do not hesitate to contact this office. Sincerely, Duane A. Pfund International Standards Coordinator Standards and Rulemaking Division 2#

Page 3Babich $173.196 Cotergory A anfections Dodd, Alice (PHMSA) substance From: Ciccarone, Michael CTR (PHMSA) 14-0208 Sent: To: Hazmat Interps Thursday, October 30, 2014 9:36 AM Subject: FW: Letter of Interpretation Shante/Alice, Please submit this for a formal letter of interpretation. Mr. Talburt spoke with Adam Lucas and Shelby Geller in the HMIC. Thanks, Mike From: Talburt, Chuck D (DOH) [mailto:Chuck.Talburt@DOH.WA.GOV] To: Ciccarone, Michael CTR (PHMSA) Sent: Wednesday, October 29, 2014 6:12 PM Subject: RE: Letter of Interpretation Dear Mike, Any correspondence should be sent to: Washington State Department of Health Public Health Laboratories 1610 NE 150* Street Shoreline, WA 98155 Attn: Chuck Talburt From: m.ciccarone.ctr@dot.gov [mailto:m.ciccarone.ctr@dot.gov] To: Talburt, Chuck D. (DOH) Sent: Wednesday, October 29, 2014 1:53 PM Subject: RE: Letter of Interpretation Dear Chuck, hazardous materials regulations (49 CFR Parts 171-180). We have received your request for a written letter of interpretation regarding the Please include your company's physical address to expedite the submission process. Sincerely, Mike, Hazardous Materials Specialist An e-mail response from this office is considered informal guidance. Formal guidance may be requested in accordance with 49 CER 105.20. http://phmsa.dot.gov/hazmat/regs/interps 1#

Page 4From: Talburt, Chuck D (DOH) [mailto:Chuck.Talburt@DOH.WA.GOV] Sent: Wednesday, October 29, 2014 2:40 PM To: INFOCNTR (PHMSA) Subject: Letter of Interpretation Dear Sir, I am writing this to clarity the use of couriers for transporting Category A, infectious substances and to define what dedicated courier is in the context of transporting these types of specimens. Here is the scenario: As a state laboratory we are being asked by many of our laboratories about shipping blood specimens to us for testing for Ebola virus in the event there is a potential case. We are very aware that specimens in the form being tested for the presence of Ebola are considered Category A, infectious substances (Ref: Transporting Infectious Substances Safely). The suspected specimens can either be transported by FedEx or private courier. The issue we are dealing with is what the defining criteria are for a dedicated private courier. Many of our labs offer courier services for their satellite facilities but they typically deliver Category B or exempt type specimens. Now that they are being asked to deliver a potential Category A, infectious substance, their couriers may be in violation of USDOT transportation regulations. My understanding, from previous conversations with your office is that a courier transporting Category A, infectious substances must be a dedicated for the purpose of transporting specimens and not transporting passengers or administrative material. This would also apply to privately owned vehicles and taxis. Your assistance in this matter is greatly appreciated. Thanks very much, Chuck Talburt - (206) 418-5404 1910.1030 2#