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Interpretation Response #14-0070 ([Quest Diagnostics] [Mr. Nicholas Pagerly])

Below is the interpretation response detail and a list of regulations sections applicable to this response.

Interpretation Response Details

Response Publish Date:

Company Name: Quest Diagnostics

Individual Name: Mr. Nicholas Pagerly

Location State: PA Country: US

View the Interpretation Document

Response text:

October 14, 2014

Nicholas Pagerly
Quest Diagnostics
159 Air Museum Dr.
Reading, PA  19605

Ref. No.: 14-0070

Dear Mr. Pagerly:

This responds to your March 26, 2014 letter requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to limited quantities of ethyl alcohol.  In your letter, you state that your company provides medical laboratory testing to the public and medical professions worldwide.  You note that a recently published final rule entitled “Hazardous Materials: Incorporation of Certain Special Permits and Competent Authorities into Regulations“ [Docket No. PHMSA 2011-0158 (HM-233C)], published on March 18, 2014 [79 FR 15033] revised the provisions for limited quantities of retail products containing ethyl alcohol.  You ask how the Pipeline and Hazardous Materials Safety Administration (PHMSA) defines “medical screening solutions” as it pertains to the exception for limited quantities of ethyl alcohol provided in § 173.150(g).

PHMSA interprets medical screening solutions to mean any solution used to perform part or all of a screening test designed to identify an unrecognized disease in an individual or population that does not display any signs or symptoms of a disease.  As this term is used in § 173.150(g), medical screening solutions means one or more solutions or concentrates sold as a retail product that contains 70 percent or less “UN 1170, Ethyl alcohol, 3 (flammable liquid), PG II or III,” by volume for liquids or by weight for solids, that are placed in packagings with a liquid or solid material in conformance with the requirements prescribed in § 173.150(g).  

I trust this satisfies your inquiry.  Please contact us if we can be of further assistance.

Sincerely,

T. Glenn Foster
Chief, Regulatory Review and Reinvention Branch
Standards and Rulemaking Division

173.150(g)

Regulation Sections