# Centers for Disease Control and Prevention (CDC) — Hazardous Materials Safety Interpretation

- **operation:** document
- **citation:** 20-0035
- **title:** Centers for Disease Control and Prevention (CDC) — Hazardous Materials Safety Interpretation
- **source type:** guidance
- **agency:** Pipeline and Hazardous Materials Safety Administration
- **status:** guidance
- **official:** true
- **published on:** 2021-01-29
- **effective on:** Not available
- **summary:** 20-0035 response to Centers for Disease Control and Prevention (CDC) concerning 171.8, 172.101, 172.203, 172.301.
- **machine formats:** - **json:** https://regulus.evalyn.ai/document/phmsa-interpretation-20-0035.json
- **markdown:** https://regulus.evalyn.ai/document/phmsa-interpretation-20-0035.md
- **app url:** https://regulus.evalyn.ai/document/phmsa-interpretation-20-0035
- **source url:** https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/docs/standards-rulemaking/hazmat/interpretations/74711/200035.pdf
**body:**

<<<PAGE 1>>>

U.S. Department
of Transportation
Pipeline and Hazardous
Materials Safety
Administration
1200 New Jersey Avenue, SE
Washington, DC 20590
January 29, 2021
Ms. Lori J. Bane
Associate Director for Policy
Centers for Disease Control and Prevention (CDC)
Division of Select Agents and Toxins
1600 Clifton Road MS H21-7
Atlanta, GA 30329
Reference No. 20-0035
This letter is in response to your April 24, 2020, email, and November 4, 2020, telephone call
with several members of the Office of Hazardous Materials Safety, Pipeline and Hazardous
Materials Safety Administration (PHMSA) requesting clarification of the Hazardous Materials
Regulations (HMR; 49 CFR Parts 171-180) applicable to the marking requirements for non-bulk
packagings. Specifically, you ask whether a “technical name” and/or “specific name” is required
to be marked on a non-bulk package containing a material assigned one of the following proper
shipping names: “UN2814, Infectious substances, affecting humans, 6.2;” “UN2900, Infectious
substances, affecting animals only, 6.2;” “UN3462, Toxins, extracted from living sources, solid,
n.o.s., 6.1, PG I/II/II;” or“UN3172, Toxins, extracted from living sources, liquid, n.o.s., 6.1, PG
I/II/III.”
For a package containing a Division 6.1 material such as UN3462 or UN3172, the answer is yes.
The technical name is required to be marked on the outside of a non-bulk packaging in
accordance with § 172.301(b). The HMR require a technical name, as defined in
§ 171.8, to be used on the shipping paper (see § 172.203(k)) and outer packaging for a material
with the letter “G” assigned to column (1) of the Hazardous Materials Table (HMT;
§ 172.101). The HMR define a “technical name” as a recognized chemical or microbiological
name currently used in scientific and technical handbooks, journals, and texts. Generic
descriptions are authorized for use provided they readily identify the general chemical group or
microbiological group.
Conversely, for a package containing a Division 6.2 material such as UN2814 or UN2900, the
answer is no. The technical name should not be included on the outside of a non-bulk package in
accordance with § 172.301(b). However, it should be noted that a Division 6.2 infectious
substance with a “G” in column (1) of the HMT must have a technical name included in
parentheses in association with the basic description on the shipping paper (see § 172.203(k)).

<<<PAGE 2>>>

If the Division 6.2 material is assigned identification number UN2814 or UN2900 and is
suspected to contain an unknown Category A infectious substance, the words “suspected
Category A infectious substance” must be entered in parentheses in place of the technical name
as part of the proper shipping description (§ 172.203(k)).
I hope this information is helpful. Please contact us if we can be of further assistance.
Sincerely,
T. Glenn Foster
Chief, Regulatory Review and Reinvention Branch
Standards and Rulemaking Division

<<<PAGE 3>>>

Edmonson
20-0035
From:
Subject:
To:
Edmonson, Eileen (PHMSA)
Dodd, Alice (PHMSA); January, Ikeya CTR (PHMSA)
Date:
FW: Letter request
Friday, April 24, 2020 3:35:37 PM
Hi Ladies,
I don't know which one of you logs in letters for processing so I'm sending this to you both. You can
assign it to me.
Thanks,
Eileen
*****Start the Letter Below Here *****
From: Bane, Lori (CDC/DDPHSIS/CPR/DSAT) <zoz1@cdc.gov>
Sent: Friday, April 24, 2020 3:06 PM
To: Edmonson, Eileen (PHMSA) <eileen.edmonson@dot.gov>
Subject: RE: Letter request
Eileen,
What was provided doesn't really help, I guess we will need a letter that states for select agents and
oxins, technical/specific names should not be listed on package. For select agents and toxins
roper shipping description is "UN 2814, Infectious substances, affecting humans, 6.2" or "Ul
2900, Infectious substances, affecting animals." Select toxins proper shipping description is "UN
3462 - Toxins extracted from living sources, solid" or "UN 3172 - Toxins extracted from living
sources, liquid."
Thanks,
Lori J. Bane
Associate Director for Policy
CDC Division of Select Agents and Toxins
1600 Clifton Road MS H21-7
Atlanta, GA 30329
404-718-2006
Fax: 404-718-2096
zoz1@cdc.gov
http://www.selectagents.gov/
From: Edmonson, Eileen (PHMSA) <eileen.edmonson@dot.gov>
Sent: Friday, April 24, 2020 11:04 AM
To: Bane, Lori (CDC/DDPHSIS/CPR/DSAT) <zoz1@cdc.gov>
Subject: RE: Letter request
Hi Lori,

<<<PAGE 4>>>

I apologize for the delay in responding with this information. A few projects came up that required
my immediate attention.
We have two requirements that affect the choice of technical name in a proper shipping description-
-the definition of “technical name” in 49 CFR 171.8, and the instructions on how to select a technical
name and insert it on a shipping paper in § 172.101(k). For convenience, I’ve included both below.
§ 171.8
Technical name means a recognized chemical name or microbiological name currently used
in scientific and technical handbooks, journals, and texts. Generic descriptions are
authorized for use as technical names provided they readily identify the general chemical
group, or microbiological group. Examples of acceptable generic chemical descriptions are
organic phosphate compounds, petroleum aliphatic hydrocarbons and tertiary amines. For
proficiency testing only, generic microbiological descriptions such as bacteria, mycobacteria,
fungus, and viral samples may be used. Except for names which appear in subpart B of part
172 of this subchapter, trade names may not be used as technical names.
§ 172.203(k)
(k) Technical names for “n.o.s.” and other generic descriptions. Unless otherwise excepted,
if a material is described on a shipping paper by one of the proper shipping names identified
by the letter “G” in column (1) of the §172.101 Table, the technical name of the hazardous
material must be entered in parentheses in association with the basic description. For
example “UN 1760, Corrosive liquid, n.o.s., (Octanoyl chloride), 8, II”, or “UN 1760, Corrosive
liquid, n.o.s., 8, II (contains Octanoyl chloride)”. The word “contains” may be used in
association with the technical name, if appropriate. For organic peroxides which may qualify
for more than one generic listing depending on concentration, the technical name must
include the actual concentration being shipped or the concentration range for the
appropriate generic listing. For example, “UN 3102, Organic peroxide type B, solid, 5.2,
(dibenzoyl peroxide, 52-100%)” or “UN 3108, Organic peroxide type E, solid, 5.2, (dibenzoyl
peroxide, paste, <52%)”. Shipping descriptions for toxic materials that meet the criteria of
Division 6.1, PG I or II (as specified in §173.132(a) of this subchapter) or Division 2.3 (as
specified in §173.115(c) of this subchapter) and are identified by the letter “G” in column (1)
of the §172.101 Table, must have the technical name of the toxic constituent entered in
parentheses in association with the basic description. A material classed as Division 6.2 and
assigned identification number UN 2814 or UN 2900 that is suspected to contain an
unknown Category A infectious substance must have the words “suspected Category A
infectious substance” entered in parentheses in place of the technical name as part of the
proper shipping description. For additional technical name options, see the definition for
“Technical name” in §171.8. A technical name should not be marked on the outer package of
a Division 6.2 material (see §172.301(b)).
(1) If a hazardous material is a mixture or solution of two or more hazardous materials, the
technical names of at least two components most predominately contributing to the hazards
of the mixture or solution must be entered on the shipping paper as required by paragraph
(k) of this section. For example, “UN 2924, Flammable liquid, corrosive, n.o.s., 3 (8), II

<<<PAGE 5>>>

(contains Methanol, Potassium hydroxide)”.
(2) The provisions of this paragraph do not apply—
(i) To a material that is a hazardous waste and described using the proper shipping name
“Hazardous waste, liquid or solid, n.o.s.”, classed as a miscellaneous Class 9, provided the
EPA hazardous waste number is included on the shipping paper in association with the basic
description, or provided the material is described in accordance with the provisions of
§172.203(c) of this part.
(ii) To a material for which the hazard class is to be determined by testing under the criteria
in §172.101(c)(11).
(iii) If the n.o.s. description for the material (other than a mixture of hazardous materials of
different classes meeting the definitions of more than one hazard class) contains the name
of the chemical element or group which is primarily responsible for the material being
included in the hazard class indicated.
(iv) If the n.o.s. description for the material (which is a mixture of hazardous materials of
different classes meeting the definition of more than one hazard class) contains the name of
the chemical element or group responsible for the material meeting the definition of one of
these classes. In such cases, only the technical name of the component that is not
appropriately identified in the n.o.s. description shall be entered in parentheses.
Here are the website links to the most recent letters my agency issued where I found explanations of
the technical name and how it used for a Category A infectious substance. Each web page includes a
link to the PDF for the letter.
Reference No. 14-0140
https://www.phmsa.dot.gov/regulations/title49/interp/14-0140
Reference No. 11-0258
https://www.phmsa.dot.gov/regulations/title49/interp/11-0258
I hope this satisfies your request. Please let me know if you need additional information.
Sincerely,
Eileen Edmonon
USDOT/PHMSA
From: Bane, Lori (CDC/DDPHSIS/CPR/DSAT) <zoz1@cdc.gov>
Sent: Tuesday, April 21, 2020 6:13 PM
To: Edmonson, Eileen (PHMSA) <eileen.edmonson@dot.gov>

<<<PAGE 6>>>

Subject: RE: Letter request
Whichever is easiest would be great. I’ll see if that will work.
Thanks,
Lori J. Bane
Associate Director for Policy
CDC Division of Select Agents and Toxins
1600 Clifton Road MS H21-7
Atlanta, GA 30329
404-718-2006
Fax: 404-718-2096
zoz1@cdc.gov
http://www.selectagents.gov/
From: Edmonson, Eileen (PHMSA) <eileen.edmonson@dot.gov>
Sent: Tuesday, April 21, 2020 3:57 PM
To: Bane, Lori (CDC/DDPHSIS/CPR/DSAT) <zoz1@cdc.gov>
Subject: RE: Letter request
Hi Lori,
The fastest way to get this information is from something we’ve already published or released. I
think we’ve done clarification letters on this in the past. It may even be in a rulemaking preamble.
I have to do some research. Can I give you the results of my research tomorrow?
Or are you asking for a letter formally prepared and signed by the agency to you on this subject?
This response will take several weeks or months to get reviewed and signed.
Eileen
USDOT/PHMSA
From: Bane, Lori (CDC/DDPHSIS/CPR/DSAT) <zoz1@cdc.gov>
Sent: Tuesday, April 21, 2020 1:33 PM
To: Edmonson, Eileen (PHMSA) <eileen.edmonson@dot.gov>
Subject: Letter request
Eileen,
Is it possible to get a letter from DOT to clarify to our regulated community that instead of listing the
specific name for select agents and toxins should be classified as a Category A infectious substance.
Select agents proper shipping description is “UN 2814, Infectious substances, affecting humans, 6.2”
or “UN 2900, Infectious substances, affecting animals.” Select toxins proper shipping description is
“UN 3462 - Toxins extracted from living sources, solid” or “UN 3172 - Toxins extracted from living
sources, liquid.”

<<<PAGE 7>>>

Thanks,
Lori J. Bane
Associate Director for Policy
CDC Division of Select Agents and Toxins
1600 Clifton Road MS H21-7
Atlanta, GA 30329
404-718-2006
Fax: 404-718-2096
zoz1@cdc.gov
http://www.selectagents.gov/
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