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Interpretation Response #02-0013 ([SAIC Frederick Cancer Research] [Joseph P. Kozlovac, M.S., CBSP, RBP])

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

Interpretation Response Details

Response Publish Date:

Company Name: SAIC Frederick Cancer Research

Individual Name: Joseph P. Kozlovac, M.S., CBSP, RBP

Location State: MD Country: US

View the Interpretation Document

Response text:

February 22, 2002

Joseph P. Kozlovac, M.S., CBSP, RBP                 Reference No. 02-0013
Biological Safety Officer
SAIC Frederick Cancer Research
 and Development Center
P.O. Box B
Frederick, NM 21702-1201

Dear Mr. Kozlovac:

This responds to your December 10, 2001 letter requesting clarification on how to determine the proper shipping name for envirom-nental samples, including water samples, under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180).  You stated the samples will be sent for testing to determine whether or not a pathogen, such as Bacillus anthracis or Legionella pneumophila, is present.  Your company described these samples as infectious substances and packages them accordingly.  However, you state your company has not found any sample to contain Bacillus anthracis and only a few samples over past several years to contain low levels of Legionella pneurnophila.

Section 172.101 (c)(11) provides, in part, that a shipper may assign a tentative shipping name, hazard class and identification number to a material sent for testing, based on the shipper's tentative determination according to defining criteria in the regulations, hazard precedence prescribed in §173.2, and the shipper's knowledge of the material.  In §173.22, it is the shipper's responsibility to determine the hazard class of the material to be transported.  This Office does not perform that firriction.  Based on the information you provided, it is this Office's opinion that these samples do not meet the definition of an infectious substance in § 173.134 because there is no reason to know or strongly suspect they contain an infectious substance.  If a sample does not meet any other hazard class criteria in Part 173 and is not a hazardous substance, hazardous waste or marine pollutant, then it is not subject to the HMR.

I hope this satisfies your request.

Sincerely,

John A. Gale
Regulations Specialist
Office of Hazardous Materials Standards

173.134

Regulation Sections

Section Subject
173.134 Class 6, Division 6.2-Definitions and exceptions