{"operation":"document","citation":"14-0238","title":"Surface Deployment and distribution Command — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2015-07-17","effective_on":null,"summary":"14-0238 response to Surface Deployment and distribution Command concerning 171.22, 173.134, 173.196.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-14-0238.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-14-0238.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-14-0238","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2015/140238.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department\nof Transportation\n1200 New Jersey Avenue SE\nWashington. DC 20590\nPipeline and Hazardous\nMaterials Safety\nAdministration\nJUL 1 7 2015\nMr. Marco Boasso\nSafety and Occupational Health Specialist\nSurface Deployment and Distribution Command\n1 Soldier Way\nScott AFB, IL 62225\nReference No. 14-0238\nDear Mr. Boasso:\nThis is in response to your December 10, 2014 e-mail and attached letter requesting\nclarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180)\nrelating to the transportation of human remains that may have been exposed to and\ninfected with a Division 6.2, Infectious Substance, Category A from an overseas location\nto the United States for interment or cremation. The remains would be transported by air\nor vessel to a port of entry in the United States with subsequent domestic transportation to\nits final resting place. The remains would not be decontaminated, embalmed or cremated\nprior to transportation. You correctly note that § 173.134(b)(14) provides that corpses,\nremains and anatomical parts intended for interment, cremation or medical research at a\ncollege, hospital or laboratory are not subject to the requirements of the HMR as Division\n6.2 materials. You also correctly note that the International Civil Aviation Organization\nTechnical Instructions for the Safe Transport of Dangerous Goods (ICAO TI) and the\nInternational Maritime Dangerous Goods (IMDG) Code do not provide a similar\nexception for the transportation of human remains.\nYou ask if the Department of Defense is obligated to classify the remains in accordance\nwith HMR § 173.196(d) and request a special permit or competent authority approval\nfrom PHMSA for alternate packaging for transportation of the remains from overseas to\nthe domestic location for interment or cremation.\nIn accordance with § 173.134(b)(14), the described human remains are not subject to the\nHMR as Division 6.2 materials. Provided the remains do not meet the definition of any\nother hazard class or division, the transportation of the remains is not regulated under the\nHMR. However, if the remains are prepared for transportation in accordance with the\nICAO TI or the IMDG Code and packaged under a competent authority approval of\nanother jurisdiction (ICAO TI 4;2.8 or IMDG Code 4.1.3.7) the remains, so prepared, may\nbe transported in the United States as authorized by HMR § 171.22(d).\n\n<<<PAGE 2>>>\n\nFor more information on regulatory requirements for the safe transport of human remains •\ninfected with Division 6.2 infectious substances refer to the CDC website here:\nhttp://www.cdc.gov/quarantine/human-remains.html\nI trust this information is helpful. If you have further questions, please do not hesitate to\ncontact this office.\nSincerely,\nDuane A.Ple l\nDuane A. Pfund\nInternational Standards Coordinator\nStandards and Rulemaking Division\n\n<<<PAGE 3>>>\n\nDabick.\n173.134(6)(14)\nGoodall, Shante CTR (PHMSA)\nclass de Delintion\nFrom:\nSent:\nCiccarone, Michael CTR (PHMSA)\nanel exception\nTo:\nWednesday, December 10, 2014 2:38 PM\nSubject:\nfazmat Interps\n14-023%\nAttachments:\nFW: Interpretation Request\nSigned By:\nInterpretation Request 173.134(b)(14) vs. 173.196(d).pdf\nm.ciccarone.ctr@dot.gov\nShante/Alice,\nPlease submit this for a formal letter of interpretation.\nThanks,\nMike\n--Original Message----\nFrom: Boasso, Marco CIV USARMY SDDC (US) [mailto:marco.boasso.civ@mail.mil\nTo: INFOCNTR (PHMSA)\nSent: Wednesday, December 10, 2014 8:13 AM\nCc: Cantu, Elias V CIV USARMY SDDC (US); Maham, Daniel A CIV USARMY SDDC\nSubject: Interpretation Request\nTo whom it may concern,\nAttached is an interpretation request submitted by the Department of\nDefense.\nThank you for your assistance, please contact this office if you have any\nquestions.\nV/r\nMarco Boasso\nSafety & Occupational Health Specialist\nSurface Deployment and Distribution Command\nScott AFB IL\nPHONE: (618) 220-5040, DSN 770-5040\nmarco.boasso.civ@mail.mil\n\n<<<PAGE 4>>>\n\nMILITARY SURFACE DEPLOYMENT AND DISTRIBUTION COMMAND\nDEPARTMENT OF THE ARMY\nSCOTT AFB, IL 62225-5006\n1 SOLDIER WAY\nDirector, Command Safety Office\nDecember 10, 2014\nStandards and Rule Making Division\nPipeline Hazardous Materials Safety Administration\nAttn: PHH-10\n1200 New Jersey Avenue, SE\nU.S. Department of Transportation\nEast Building, 2nd Floor\nWashington, DC 20590-0001\nTo whom it may concern,\n(DOD) hereby requests an Interpretation of the Hazardous Materials Regulations as outlined below. DOD petitions\nIn accordance with the provisions of Title 49, CFR, Part 105, Section 105.20, the Department of Defense\nfor a clarification of 49 CFR 173.134 Class 6, Division 6.2-Definitions and exceptions, in particular 173.134(b)(14).\nFile Number: Interpretation 173.134(b)(14)\nRe: Request Interpretation of 49 CFR 173.134(b)(14)\nProponent: Department of Defense DOD)\ncorpses, remains, and anatomical parts intended for interment, cremation, or medical research at a college, hospital,\nThe DOD is requesting clarification on the exception outlined in paragraph 173.134(b) (14) which exempts\nor laboratory from the HMR which may be infected with a Class 6 Division 6.2 Infectious Substance.\nexposed and infected with a Class 6 Division 6.2 Infectious Substance, Category A from an overseas location to the\nThe DOD is exploring a scenario where it may have to transport human remains that may have been\nbe accomplished using air or sea transportation to a port of entry in the United States and subsequently transported\nUnited States for interment or cremation. The transportation from the overseas location to the United States would\nto its final resting place. The entire transportation process would be coordinated by the Military Service Mortuary\nAffairs to the final resting location in coordination with and by following the Centers of Disease Control (CDC)\ndoes not include decontamination, embalming or cremation of the human remains infected or suspected to be\nguidance including State and Local directives. Per CDC requirements listed under 42 CFR 71.55, the current plan\ninfected with this particular infectious substance prior to transport.\n173.134(b) (14) for human remains being transported for interment, is the DOD obligated to classify the remains in\nSpecifically, since the ICAO-TI and IMDG do not include a similar exemption found in 49 CFR\nPHMSA for alterate packagings for the transportation from the overseas location to the location where interment or\naccordance with 49 CFR 173.196(d) and subsequently request a special permit or competent authority approval from\nThe DOD respectfully asks for clarification in this matter.\nmarco.boasso.civ@mail.mil and Mr. Elias Cantu, (618) 220-5041, e-mail elias.y.cantu.civ@mail.nil.\nMy point of contacts for this matter are Mr. Marco Boasso, (618) 220-5040, e-mail\nSincerely,\nD:/C-1216ha\nDirector of Safety\nDaniel A. Maham\nPrinted on\nRecycled Paper","truncated":false,"body_characters":6851}