Interpretation Response #99-0037 ([Allegheny Airlines, Inc] [Mr. Wayne S. Lester])

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

Interpretation Response Details

Response Publish Date: 03/24/1999

Company Name: Allegheny Airlines, Inc

Individual Name: Mr. Wayne S. Lester

Location State: PA Country: US

View the Interpretation Document

Response text:

MAR 24, 1999

Mr. Wayne S. Lester
Manager, Safety Programs                           Reference No. 99-0037
Allegheny Airlines, Inc.
1000 Rosedale Avenue
Middletown, PA 17057

Dear Mr. Lester:

This is in response to your recent letter concerning differences in the text accompanying the ETIOLOGIC AGENTS--BIOMEDICAL MATERIAL label in our DOT Chart 10 (I 994) and DOT Chart 11 (1998), entitled "Hazardous Materials Marking, Labeling & Placarding ­Guides." You asked if placing this label on a package in transportation indicates the package contains a Division 6.2 (infectious substance) hazardous material.

The answer is yes.  Under 49 CFR 173.134(a)(1) of the DOT Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180), a material meeting the definition of an etiologic agent in 42 CFR 72.3 of the Department of Health and Human Services, Centers for Disease Control and Prevention (CDC) regulations also meets the definition of an infectious substance under the HMR.  The ETIOLOGIC AGENTS--BIOMEDICAL MATERIAL label, depicted in 42 CFR 72.3(d)(1), is required by CDC to be displayed on the outside of a package containing an etiologic agent.  Such a package is also required to display the INFECTIOUS SUBSTANCE label depicted in 49 CFR 172.432, unless otherwise excepted.  For example, under § 173.134(b), an etiologic agent that is a biological product or a diagnostic specimen is not subject to any of the requirements in the HMR.

You also stated that sometimes your company is offered packages of donor organs for transport that display the ETIOLOGIC AGENTS—BIOMEDICAL MATERIAL label but do not display the INFECTIOUS SUBSTANCE label.  You asked if these shipments are subject to the HMR.  Shipment of a donor organ is not subject to the HMR unless the item as packaged contains a material that is otherwise subject to regulation, such as "Carbon dioxide, solid" (dry ice).  For questions concerning the display of the ETIOLOGIC AGENTS—BIOMEDICAL MATERIAL label on such packages, I suggest you contact Jonathan Y. Richmond, PhD., Director, Office of Health and Safety, Centers for Disease Control and Prevention, 1600 Clifton Road, NE, Atlanta, GA 30333, (404) 639-2453.

I hope this satisfies your request.  Should you have any further questions concerning the HMR please contact us.

Sincerely,

Hattie L. Mitchell, Chief
Regulatory Review and Reinvention
Office of Hazardous Materials Standards

173.134

Regulation Sections