{"operation":"document","citation":"20-0064","title":"MRIGlobal-NCR — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2021-03-04","effective_on":null,"summary":"20-0064 response to MRIGlobal-NCR concerning 171.8, 172.500, 173.134, 173.6.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-20-0064.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-20-0064.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-20-0064","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/docs/standards-rulemaking/hazmat/interpretations/74786/200064.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department\nof Transportation\nPipeline and Hazardous\nMaterials Safety\nAdministration\n1200 New Jersey Avenue, SE\nWashington, DC 20590\nMarch 4, 2021\nMalcolm Smith\nSenior Safety Officer\nMRIGlobal-NCR\n65 West Watkins Mill Road\nGaithersburg, MD 20878\nReference No. 20-0064\nDear Mr. Smith:\nThis letter is in response to your June 26, 2020, email and subsequent phone conversation\nrequesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180)\napplicable to the provision for Division 6.2 Category B infectious substances contained in a\npatient sample. Specifically, you ask several questions regarding § 173.134(b)(10) in reference\nto the transport of patient samples that may contain biological materials classified as a\nCategory B infectious substance.\nWe have paraphrased and answered your questions as follows:\nQ1. You ask whether an individual’s personal vehicle may be used to transport patient\nsamples that may contain Category B infectious substances in accordance with the\nprovisions of § 173.134(b)(10).\nA1. The answer is yes. There are situations in which an individual’s personal vehicle may be\nused to transport patient samples that may contain Category B infectious materials and\nstill operate under the provision outlined in § 173.134(b)(10). In accordance with\n§ 173.134(b)(10), a Division 6.2 Category B substance is not subject to the requirements\nof the HMR provided it is: 1) contained in a patient sample being transported for\nresearch, diagnosis, investigational activities, or disease treatment or prevention, or a\nbiological product; and 2) transported by a private or contract carrier in a motor vehicle\nused exclusively to transport such materials. However, if the shipment does not meet the\nprovisions in § 173.134(b)(10), then it may not be transported in an individual’s personal\nvehicle.\nQ2. You ask whether the “private or contract carrier” referenced in § 173.134(b)(10) must\nhave a Hazmat Endorsement on their license and/or specific hazmat training.\nA2. The answer is no. For determining the applicability of a Hazmat Endorsement,\n“hazardous materials” is defined in 49 CFR Part 383 as any material that has been\ndesignated as hazardous under 49 U.S.C. 5103 and is required to be placarded under\n\n<<<PAGE 2>>>\n\n49 CFR Part 172, Subpart F, or any quantity of a material listed as a select agent or toxin\nin 42 CFR Part 73. Pursuant to § 172.500(b)(1) of the HMR, Division 6.2 materials do\nnot require placards, nor are they listed as a select agent or toxin in 42 CFR Part 73 and,\ntherefore, do not require a Hazmat Endorsement or a Commercial Driver’s License.\nSimilarly, Category B patient samples that are shipped in accordance with\n§ 173.134(b)(10) are not subject to the training requirements in 49 CFR Part 172,\nSubpart H.\nQ3. You ask for clarification of the word “exclusively,” as used in § 173.134(b)(10).\nSpecifically, you ask whether the motor vehicle used to transport the potentially\ninfectious patient samples may be used only to transport “such material” at any time, or\nwhether it may be used for other purposes, but must only be used to transport “such\nmaterial” during the transport event (i.e., no personal pickups, drop offs or other activities\n(shopping, getting food, etc.)).\nA3. To be considered “used exclusively” or in “exclusive use,\n” a motor vehicle may not\ncontain other goods, materials, or passengers at the same time it is used to transport\nCategory B patient samples. A single trip transporting only these materials from either\none or multiple shippers may be considered the exclusive use of a transport vehicle under\n§ 173.134(b)(10).\nQ4. You ask for clarification of a “private motor carrier” and how it may be used in relation\nto public transportation. Specifically, you ask:\na) Whether a taxi cab or rideshare vehicle may be used as a private motor carrier\nwhen it is only used for transportation of the material.\nb) Whether the rider must alert a taxi or rideshare driver that they are carrying a 6.2\nmaterial.\nc) In the event there is a spill, whose responsibility would it be to report the spill and\nclean the taxi cab or rideshare vehicle.\nA4. A “private motor carrier” is defined in 49 CFR 390.5 as a person who provides\ntransportation of property or passengers, by commercial motor vehicle, and is not a\nfor-hire motor carrier. Therefore, a taxi cab or rideshare vehicle could not be considered\na private motor carrier unless it is owned and operated by the business offering the\nhazardous material for transportation. Regulations pertaining to passenger carriers are\nfound in 49 CFR Part 374 of the Federal Motor Carrier Safety Regulations. Please\ncontact the Federal Motor Carrier Safety Administration for additional information.\nQ5. You ask for clarification on when something is considered materials of trade (MOTs) in\naccordance with the HMR. Specifically, you ask:\n\n<<<PAGE 3>>>\n\na) Whether an employee may pick up materials from a company and then bring them\nback to their own company.\nb) Whether the MOTs provision would apply if a company hired a third-party to\npick up material and exclusively bring it back to the company’s facility.\nA5. If a company’s principal business is collecting and analyzing samples and it is in direct\nsupport of their business as defined, then the company is eligible for the MOTs provision,\nprovided the samples meet the requirements in § 173.6. A MOT is a hazardous material,\nother than a hazardous waste, that is carried on a motor vehicle (1) for the purpose of\nprotecting the health and safety of the motor vehicle operator or passengers; (2) for the\npurpose of supporting the operation or maintenance of a motor vehicle (including its\nauxiliary equipment); or (3) by a private motor carrier (including vehicles operated by a\nrail carrier) in direct support of a principal business that is other than transportation by\nmotor vehicle (see § 171.8). Using your examples, a company’s employees may\ntransport those samples to either their own facility or a third-party facility for testing\nwhile using a private motor carrier in accordance with the MOTs provision. However, if\nthe company collects the samples but hires a for-hire carrier to transport those samples to\neither the company’s facility or a third-party facility for testing, the MOTs provision\nwould not apply because hiring a third-party carrier is not considered a private motor\ncarrier. As such, the third-party carrier would have to transport the samples in\ncompliance with the HMR.\nPlease note that the requirements of the HMR apply to each person who offers a hazardous\nmaterial for transportation in commerce and the transportation of a hazardous material in\ncommerce. The transportation of a hazardous material by a private individual for\nnon-commercial personal use is not considered transportation in commerce and would not be\nsubject to the HMR.\nI hope this information is helpful. Please contact us if we can be of further assistance.\nSincerely,\nT. Glenn Foster\nChief, Regulatory Review and Reinvention Branch\nStandards and Rulemaking Division\n\n<<<PAGE 4>>>\n\nBallengee\n20-0064\nFrom: INFOCNTR (PHMSA)\nTo: Dodd, Alice (PHMSA)\nCc: Hazmat Interps; Whitlock, Sarah CTR (PHMSA)\nSubject: FW: Request Official Letter of Interpretation for CFR 173.134(b)(10)\nDate: Tuesday, August 18, 2020 3:47:24 PM\nDear Alice,\nPlease see the below letter of interpretation request.\nPlease contact our office if you have any questions.\nRegards,\n-Breanna, HMIC\nFrom: Smith, Malcolm [mailto:masmith@mriglobal.org]\nSent: Friday, June 26, 2020 4:36 PM\nTo: INFOCNTR (PHMSA) <INFOCNTR.INFOCNTR@dot.gov>\nCc: Jeppesen, Eric <ejeppesen@mriglobal.org>; Morrison, Lizzie <lmorrison@mriglobal.org>\nSubject: Request Official Letter of Interpretation for CFR 173.134(b)(10)\nCAUTION: This email originated from outside of the Department of Transportation (DOT). Do not click on links or\nopen attachments unless you recognize the sender and know the content is safe.\nTo whom it may concern,\nPlease provide clarification of the Hazardous Materials Regulations (HMR) exemption applicable to\nthe transport of patient samples potentially containing infectious biological materials categorized as\na Category B dangerous good.\nThe exemption within the HMR in question is as follows:\nCFR 173.134(b)(10)\nA Division 6.2 material, other than a Category A infectious substance, contained in a patient sample\nbeing transported for research, diagnosis, investigational activities, or disease treatment or\nprevention, or a biological product, when such materials are transported by a private or contract\ncarrier in a motor vehicle used exclusively to transport such materials. Medical or clinical equipment\nand laboratory products may be transported aboard the same vehicle provided they are properly\npackaged and secured against exposure or contamination. If the human or animal sample or\nbiological product meets the definition of regulated medical waste in paragraph (a)(5) of this section,\nit must be offered for transportation and transported in conformance with the appropriate\nrequirements for regulated medical waste.\nClarification is needed regarding the following language in the exemption: “…when such materials\n\n<<<PAGE 5>>>\n\nare transported by a private or contract carrier in a motor vehicle used exclusively to transport such\nmaterials.”\nMy questions regarding this language are as follows:\n1. Are there any situations when an individual’s personal vehicle can be used to transport\npatient samples that may contain infectious materials that are categorized by the DOT as\nCategory B and still maintain the exemption? If so when is it permissible to do so?\n2. Regarding “private or contract carrier, ” does the carrier need to possess a HAZMAT endorsed\nlicense? Does the carrier need to have completed specific DOT carrier training or retraining?\n3. Please clarify the word “exclusively” in the language above. Does the word “exclusively”\nmean that:\na. The motor vehicle used to transport the potentially infectious patient samples can only\nbe used to transport “such material” at any time or\nb. The motor vehicle be used for other purposes, but must only be used to transport\n“such material” during the transport event (i.e. no personal pickups, drop offs or other\nadmin or personal activities (shopping, getting food, etc) when transporting the\ndangerous good.\n4. Please clarify what a Private Motor carrier is and how it can be used in relation so public\ntransportation?\na. Can a taxi cab can be used as a private motor carrier? When it is only used for\ntransportation of the material.\nb. If a taxi (or rideshare) is used, is the rider responsible to alert the driver that they are\ncarrying the 6.2 material?\nc. If there’s a spill in the vehicle is used, whose responsibility is it to report the spill and\nclean the vehicle?\n5. When is something considered MOT’s and when it falls into the HMR?\na. Can an employee come pick-up materials from another company and take them back\nto their own company?\nb. If a company hires a third party to pick up material and exclusively bring it back to the\nfacility, is this MOT’s?\nIf you have additional questions regarding this request, my contact info is in my email signature.\nThanks,\nMalcolm Smith\nMalcolm Smith, MS, RBP\nSenior Safety Officer\nMRIGlobal-NCR\n65 West Watkins Mill Rd\nGaithersburg, MD 20878\nW: (240) 361-4030\nC: (301) 524-3579\n\n<<<PAGE 6>>>\n\nwww.mriglobal.org\nThis message is intended exclusively for the individual or entity to which it is addressed. This\ncommunication may contain information that is confidential, proprietary, privileged or\notherwise legally exempt from disclosure. If you have received this message in error, please\nnotify the sender immediately by facsimile, e-mail or phone and delete all copies of the\nmessage.","truncated":false,"body_characters":11781}