{"operation":"document","citation":"99-0009","title":"New York State Department of Environmental Conservation — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"1999-03-03","effective_on":null,"summary":"99-0009 response to New York State Department of Environmental Conservation concerning 171.1.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-99-0009.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-99-0009.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-99-0009","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/1999/990009.pdf","body":"<<>>\n\nU.S.Department\nof Transportation\nesearch and\nAdministration\npecial Program\nMAR 3\n1999\nAlan G. Woodard, PhD\nReference No. 99-0009\nRegulated Medical Waste Program Supervisor\nDivision of Solid and Hazardous Materials\nNew York State Department of Environmental Conservation\n50 Wolf Road\nAlbany, New York 12233-7258\nDear Dr. Woodard:\nThis is in response to your electronic messages of October 8, 1998, and January 5, 1999, asking if\ncouriers of \"Regulated medical waste, 6.2, UN 3291, PG II\" are subject to the Department of\nTransportation's Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). You stated one\ncompany, Health Care Waste Services; is proposing to use couriers to collect regulated medical waste\n(RMW) from doctor's offices.\nThe answer is yes. Under § 171.1(a), intrastate and interstate shippers and carriers, including couriers,\nof hazardous materials, which includes certain RMW, are subject to the HMR. Examples of waste\nmaterials that are excepted from regulation under the HMR are waste from households, and corpses or\nanatomical remains intended for cremation or interment. See § 173.134(b)(1).\nAs you were informed by Ms. Eileen Mack of my staff, prior to October 1, 1997, the intrastate\ntransportation of infectious substances (Division 6.2), including RMW, was not regulated under the\nHMR. The scope of the HMR to include the intrastate transportation of these materials was expanded\nin final rules published under Docket HM-200 (January 8, 1997, 62 FR 1208; September 22, 1997,\n62 FR 49560; February 18, 1998, 63 FR 8140). Compliance with the final rule requirements was\nmandatory beginning October 1, 1998.\nI hope this satisfies your request. Should you have further questions, please contact this office.\nSincerely,\nThatle 2. Mithell\nHattie L. Mitchell, Chief\nRegulatory Review and Reinvention\nOffice of Hazardous Materials Standards\n\n<<>>\n\n•\n..:\n:\nEdmonson, Eileen\n99-0009\nSent:\nFrom:\nEdmonson, Eileen\nSubject:\nTo:\nTuesday, January 05, 1999 9:35 AM\nRE: Courier Services\nAlan Woodard\nmack\n§11.1\nSure. But as with anything, it will have to go through channels and may take several weeks. I'll get on it this\nweek.\nSincerely,\nEileen Edmonson Mack\nFrom:\nAlan Woodard[SMTP:agwoodar@gw.dec.state.ny.us]\nSubject:\nis Been R30, 1998 9:31 AM\nCourier Services\nDuring October I sent you an e-mail message inquiring whether there\nregulations.\"\nmeans intrastate carriers, including couriers, are now subject to these\nI hate to bother you with an additional request, but could you send me\nyour above response in a letter. Thank you.\nPage 1\n\n<<>>\n\nEdmonson, Eileen\nFrom:\nSent:\nAlan Woodard[SMTP:agwoodar@gw.dec.state.ny.us]\nSubject:\nI0:\nEdmonson, Eileen \nThursday, December 10, 1998 10:10 AM\nRE: Hello -Forwarded -Reply\nshared this with others here and they have asked if you could formalize\nYour response to my message was excellent and very useful. I have\nthis response in a letter to me. Please let me know one way or another\nAlan G. Woodard, Ph.D\nVew York State Department of Environmental Conservatior\nRegulated Medical Waste Program Supervisor\n50 Wolf Road\nDivision of Solid & Hazardous Materials\nAlbany, New York 12233-7258\nPhone: (518)457-5695\nE-mail: agwoodar@gw.dec.state.ny.us\nFax: (518) 485-7733\n>>> \"Edmonson, Eileen \n10/15/98 03:20pm >>>\nDear Alan -\nI've been trying to reach you several days by phone, but was\nunsuccessful. Historically, intrastate couriers of RMW were not\nregulated under the Hazardous Materials Regulations (HMR; 49 CFR Parts\n171-180). Our transportation act required us to regulate these materials\nin interstate commerce only. With the expansion of our regulatory\napplicability under Docket HM-200, starting on October 1, 1998, the\neffective date of the rulemaking, intrastate and interstate shipments of\nincluding couriers, are now subject to these regulations.\nRMW must comply fully with the HMR. This means intrastate carriers,\nI hope this satisfies your request.\nSincerely,\nEileen\nSent: Thursday, October 08, 1998 8:13 AM\nFrom: Alan Woodard[SMTP:agwoodar@gw.dec.state.ny.us]\nTo: Edmonson, Eileen \nSubject: Hello -Forwarded\n«File: ATTACH01.TXT>>\nFrom: SMTP:agwoodar@gw.dec.state.ny.us\n--Forwarded-.\nTo: SMTP:gov@Eileen.Mack.rspa.dot,\nSubject: Hello\nMSHUB/MSHUB/R2michalc\nChris/Eileen: What restrictions apply under Federal Dot regulations for a\ncourier service used for the transport of RMW? Courier services are\ncovered under our regulations. Health Care Waste Services is proposing\nto use couriers for collection of doctor's offices RMW. I see this as a\nPage 1\n\n<<>>\n\nregulations or for use of shipping papers.\nsignificant problem if they are not required to comply with any shipping\nPage 2\n\n<<>>\n\nEdmonson, Eileen\nFrom:\nSent:\nEdmonson, Eileen\nCc:\nTo:\nAlan Woodard\nThursday, October 15, 1998 1:38 PM\nSubject:\nMazzullo, Ed; Mitchell, Hattie; Billings, Delmer\nRE: Hello -Forwarded\nDear Alan -\nincluding couriers, are now subject to these regulations.\nI hope this satisfies your request.\nSincerely,\nEileen\nSent: Thursdayodober 08199881@g.dec.state.ny.us?\nTo: Edmonson, Eileen \nSent: Thursday, October 08,\nSubject: Hello -Forwarded\n<>\nFrom: SMTP:agwoodar@gw.dec.state.ny.us\n---Forwarded...\nTo: SMTP:gov@Eileen.Mack.rspa.dot,\nSubject: Hello\nMSHUB/MSHUB/R2michalc\nof RMW? Courier services are nof covered under our regulations. Health Care Waste Services is proposing\nChris/Eileen: What restrictions apply under Federal Dot regulations for a courier service used for the transport\nto use couriers for collection of doctor's offices RMW. I see this as a significant problem if they are not\nrequired to comply with any shipping regulations or for use of shipping papers.\nPage 1\n\n<<>>\n\nInterpretation Letters\nRequester\nAlan Woodard\nDate Received: 1/12/99\nCompany\nNew York State Department of\nTracking Number: 99-0009\nPhone\n518-457-5695\nRevision Date: 1/12/99\nDate Assigned 1/12/99\nDate of Letter 1/5/99\nStaff\nMack\nFirst Draft Due: 2/2/99\nSection\n171.1\nFirst Draft Date:\nSubject\nApplicability\nConcurrence\nStatus\nStatus Date\nSign Date\nSignor\nHBP-\nCopy to Docket\nCopy to DHM-60 D\nComment","truncated":false,"body_characters":6161}