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U.S. Department of Transportation U.S. Department of Transportation Icon United States Department of Transportation United States Department of Transportation

Interpretation Response #07-0016 ([Mr. Dave Middleton])

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

Interpretation Response Details

Response Publish Date:

Company Name:

Individual Name: Mr. Dave Middleton

Location State: DC Country: US

View the Interpretation Document

Response text:

Mar 20, 2007

Mr. Dave Middleton                     
Reference No. 07-0016
75 Garden Drive
Montgomery, IL 60538

Dear Mr. Middleton:

This is in response to your January 12, 2007 letter requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). Specifically, you ask if the regulations for Division 6.2 (infectious substance) materials apply to the transportation of blood and/or other body fluids and materials collected for disposal at various crime scene or unattended death clean up operations. You state these materials may or may not have come from persons infected with various diseases.

The HMR define a Division 6.2 material under § 173.134 as a material known to contain or suspected of containing a pathogen. In accordance with § 173.22, it is the shippers responsibility to properly class and describe a hazardous material. This office does not perform that function. A shipper must classify the waste generated from a crime scene as a Division 6.2 material if he or she knows or suspects it contains a Category A or Category B pathogen as defined in § 173.134(a)(1)(i) and (a)(1)(ii). Category A infectious substance pathogenic material is in a form that is capable of causing permanent disability or life-threatening or fatal disease in otherwise healthy humans or animals when exposure to it occurs. Category B infectious substance pathogenic material includes all other infectious substances that do not meet the Category A definition. A material that is not known or suspected to contain an infectious substance and does not meet the definition of another hazardous material is not regulated under the HMR.

I hope this information is helpful.

Sincerely,

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

173.22, 173.134

Regulation Sections

Section Subject
173.22 Shipper's responsibility