{"operation":"document","citation":"18-0071","title":"United States Department of Agriculture — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2018-08-20","effective_on":null,"summary":"18-0071 response to United States Department of Agriculture concerning 171.1, 173.134.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-18-0071.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-18-0071.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-18-0071","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/docs/standards-rulemaking/hazmat/interpretations/62911/180071.pdf","body":"<<>>\n\nDeputy Administrator\nUnited States Department of Agriculture\nAnimal and Plant Health Inspection Service\nVeterinary Services\nJamie L. Whitten Building, Room 317E\n1400 Independence Ave, SW\nWashington, DC 20250\nReference No. 18-0071\nDear Dr. Shere:\nThis letter is in response to your April 20, 2018, letter and May 14, 2018, email requesting\nclarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable\nto animal waste. You explain that the Animal and Plant Health Inspection Service (APHIS) is\nthe lead Federal agency responsible for animal disease response in the United States. You note\nthat the remains of diseased animals occasionally cannot be managed onsite and must be\ntransported under APHIS control and authority to an offsite disposal or treatment facility.\nTherefore, you seek clarification that the requirements found in § 173.134(b)(13)(iv) would\nexcept APHIS operations when managing animal waste at animal husbandry sites.\nYour understanding is correct. According to § 173.134(b)(13)(iv), animal waste generated in\nanimal husbandry or food production that meets the definition of a Division 6.2 hazardous\nmaterial is not subject to the HMR as a Division 6.2 infectious material, unless it is regulated\nmedical waste. Furthermore, if these materials do not meet any other hazard classification, they\nare not subject to the HMR. Please note that hazardous materials transported by a government\nentity in vehicles operated by government personnel for noncommercial purposes are not subject\nto the HMR (see § 171.1(d)(5)). However, if a government entity (e.g., APHIS) contracts a third\nparty to transport a hazardous material on their behalf, the government exception would no\nlonger apply and government operations would be categorized as transportation for commercial\npurposes and subject to the HMR.\nI hope this information is helpful. Please contact us if we can be of further assistance.\nSincerely,\nChief, Standards Development Branch\nStandards and Rulemaking Division\n\n<<>>\n\nIkeya,\nCan you please log this in as a letter of interp and assign it to me please. This is the letter from USDA that I mentioned.\nV/r\nMr. Yul Brenner Baker Jr.\nTransportation Specialist (Standards and Rulemaking Division)\nOffice of Hazardous Materials Safety (OHMS)\nPipeline and Hazardous Materials Safety Administration (PHMSA)\nE21-351\nOffice number: 202-493-0867\nFrom: Miller, Lori P -APHIS [mailto:Lori.P.Miller@aphis.usda.gov]\nSent: Monday, May 14, 2018 11:43 AM\nTo: Baker, Yul (PHMSA) \nCc: McKenna, Thomas S - APHIS ; Johnson, Todd E - APHIS\n\nSubject: FW: REQUEST FOR SIGNATURE: DOT exemption letter\nHi, Yul.\nAttached is the signed letter that was sent. Please let me know if you need anything. Thanks for all your help!\nLori\nLori P. Miller, PE\nSenior Staff Officer/Environmental Engineer\nUnited States Department of Agriculture\nAnimal and Plant Health Inspection Service\nVeterinary Services\nScience, Technology and Analysis Services\n4700 River Road, Unit 41, Room 5D-03.2\nRiverdale, MD 20737\nPhone: 301 851 3512\nFAX: 301 734 7817\nE-mail: lori.p.miller@aphis.usda.gov\n1\n\n<<>>\n\nsender and delete the email immediately.\nFrom: Lee, Paula J - APHIS\nSent: Monday, May 14, 2018 11:40 AM\nTo: Miller, Lori P - APHIS \nCc: Levesque, Ashley - APHIS \nSubject: RE: REQUEST FOR SIGNATURE: DOT exemption letter\nLori,\nPlease see attached letter.\nSincerely,\nPaula\nPaula Lee\nExecutive Administrative Assistant\nOffice of the Deputy Administrator\nAnimal Plant Health Inspection Service, Veterinary Services\nUS Department of Agriculture\n1400 Independence Ave, SW, Room 318E\nWashington DC 20250\nPhone: 202-799-7150\nEmail: Paula.J.Lee@aphis.usda.gov\nFrom: Levesque, Ashley - APHIS\nSent: Monday, May 14, 2018 11:10 AM\nTo: Lee, Paula J - APHIS \nSubject: FW: REQUEST FOR SIGNATURE: DOT exemption letter\nPaula -\nCan you please send Lori a scanned copy of the letter?\nThank you!\nAshley Levesque\nDeputy Chief of Staff\n2\n\n<<>>\n\nFrom: Miller, Lori P - APHIS\nSent: Monday, May 14, 2018 10:46 AM\nTo: Levesque, Ashley - APHIS \nCc: Romano, Maria G - APHIS ; Teachman, Mark E - APHIS\n\nSubject: REQUEST FOR SIGNATURE: DOT exemption letter\nHi, Ashley.\nRegarding the DOT exemption letter that Dr. Shere signed several weeks ago, DOT has not yet received it. Could you\nkindly send me a scan of the signed letter? Thanks very much.\nLori\nLori P. Miller, PE\nSenior Staff Officer/Environmental Engineer\nUnited States Department of Agriculture\nAnimal and Plant Health Inspection Service\nVeterinary Services\nScience, Technology and Analysis Services\n4700 River Road, Unit 41, Room 5D-03.2\nRiverdale, MD 20737\nPhone: 301 851 3512\nFAX: 301 734 7817\nE-mail: lori.p.miller@aphis.usda.gov\nhttps://public.govdelivery.com/accounts/USDAAPHIS/subscriber/topics?gsp=USDAAPHIS 1>Click here\nto subscribe to the VS Animal Health Stakeholder\nRegistry\nThis electronic message contains information generated by the USDA solely for the intended recipients. Any\nunauthorized interception of this message or the use or disclosure of the information it contains may violate the law and\n3\n\n<<>>\n\nDeputy Chief of Staff\nVeterinary Services\nUSDA - Animal Plant Health Inspection Service\n1400 Independence Ave, SW, 320-E Whitten\nWashington, DC 20250\nAshley.Levesque@aphis.usda.gov\nOffice: 202-799-7151\nCell: 202-868-3777\nFrom: Lee, Paula J - APHIS\nSent: Monday, April 23, 2018 11:30 AM\nTo: Levesque, Ashley - APHIS \nSubject: RE: REQUEST FOR SIGNATURE: DOT exemption letter\nOk. This letter has just went out in the mail.\nPaula\nFrom: Levesque, Ashley - APHIS\nSent: Monday, April 23, 2018 10:31 AM\nTo: Lee, Paula J - APHIS \nSubject: FW: REQUEST FOR SIGNATURE: DOT exemption letter\nHey can you send that letter out hard copy please?\nThank you!!!\nAshley Levesque\nDeputy Chief of Staff\nVeterinary Services\nUSDA - Animal Plant Health Inspection Service\n1400 Independence Ave, SW, 320-E Whitten\nWashington, DC 20250\nAshley.Levesque@aphis.usda.gov\nOffice: 202-799-7151\nCell: 202-868-3777\n\n<<>>\n\nThanks again,\nMaria\nFrom: Levesque, Ashley - APHIS\nSent: Monday, April 23, 2018 8:22 AM\nTo: Romano, Maria G - APHIS \nSubject: Re: REQUEST FOR SIGNATURE: DOT exemption letter\nHey Maria -\nJack signed it and I sent the mini memo to OA. I was waiting to see if we received any feedback from OA prior to sending\nthe signed letter. However, since we've not heard anything we can go ahead send this. Do you want our office to send it\nhard copy or do you want us to just forward you the scanned signed copy?\nAshley Levesque\nDeputy Chief of Staff\nVeterinary Services\nUSDA - Animal Plant Health Inspection Service\n1400 Independence Ave, SW, 320-E Whitten\nWashington, DC 20250\nAshley. Levesque@aphis.usda.gov\nOffice: 202-799-7151\nCell: 202-868-3777\nOn Apr 20, 2018, at 10:36 AM, Romano, Maria G - APHIS wrote:\nHi Ashley - do you have an update on the DOT letter discussed during STAS time this week?\nThank you!\nMaria\nFrom: Levesque, Ashley - APHIS\nSent: Wednesday, April 18, 2018 9:05 AM\nTo: Romano, Maria G - APHIS \nSubject: Re: REQUEST FOR SIGNATURE: DOT exemption letter\nGot it! I'll let you know if we need to do more coordinating on this one or not.\nThank you.\nAshley Levesque\nDeputy Chief of Staff\n5\n\n<<>>\n\nand attached is the letter requiring Dr. Shere's signature. Do you recommend that this\nletter also go through LPA?\nLet me know if you need anything additional from us.\nThank you in advance,\nMaria\nInformation from Veterinary Services\nDr. Jack Shere, Deputy Administrator\nApril 18, 2018\nVeterinary Services seeking exemption from the Department of\nTransportation\nAction: None\nIn 2015, the Department of Transportation (DOT) contacted Veterinary Services\n(VS) regarding a report that the Animal and Plant Health Inspection Service\n(APHIS) allegedly illegally transported infected carcasses. DOT did not reveal\nwho reported it, but suggested we submit a request for a special permit so they\ncould officially rule on our procedures.\nVS submitted the request, and in response, DOT determined that the hazardous\nmaterial transport rules did not apply to APHIS' response operations because 49\nCFR 173.134 (b)(13)(iv) exempts animal waste generated by animal husbandry or\nfood production unless it's regulated medical waste; and according to 49 CFR\n173.134 (a)(5), APHIS-generated waste does not meet the definition of medical\nwaste in this context.\nIn order to document the exemption, the DOT lawyers recommended we write a\nletter requesting interpretation so they could formally respond to it and publically\npost the interpretation. As a result, VS has written a letter to the DOT to request\nan official interpretation of DOT's regulation on shipping and packaging\nrequirements. The exemption includes placarding of trucks during transport of\ninfected carcasses for disposal during an APHIS emergency response. Once DOT\nresponds to APHIS' letter requesting interpretation and verification that APHIS is\nexempt from the regulation, DOT will post the interpretation on the DOT public\nwebsite.\n6\n\n<<>>\n\n\n\n<<>>\n\n317E\n1400 Independence\nDear Mr. Kelley,\nAve, SW\n20250\nWashington, DC\nThis letter is to request verification that 49 CFR 173 requirements do not apply\nto the Animal and Plant Health Inspection Service's (APHIS) response\noperations. 49 CFR 173.134 (b)(13)(iv) exempts animal waste generated by\n(202) 799-7146\nanimal husbandry or food production unless it's regulated medical waste; and\naccording to 49 CFR 173.134 (a)(5), APHIS-generated waste does not meet the\ndefinition of medical waste in this context.\nAPHIS is the lead federal agency for animal disease response in the U.S. One\nresponse strategy is to euthanize affected animals and dispose of the remains, in\naccordance with APHIS standards. In some instances, the remains cannot be\nmanaged onsite. In those situations, the remains are transported under APHIS\ncontrol and authority to an offsite disposal or treatment facility. Based on\nAPHIS' interpretation of 49 CFR 173, the response activities are a result of\nanimal husbandry; and therefore, APHIS is exempt from the regulation.\nGinather\nUnited States Department of Agriculture\nAnimal and Plant Health Inspection Service\nVeterinary Services\nAn Equal Opportunity Provider and Employer","truncated":false,"body_characters":10812}