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Interpretation Response #12-0051 ([United Parcel Service] [Mr. Samuel Elkind])

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

Interpretation Response Details

Response Publish Date:

Company Name: United Parcel Service

Individual Name: Mr. Samuel Elkind

Location State: GA Country: US

View the Interpretation Document

Response text:

May 25, 2012

 

 

Mr. Samuel Elkind
Corporate Regulated Goods Manager
United Parcel Service
55 Glenlake Parkway, NE
Atlanta, GA 30328-3474

Ref. No. 12-0051

Dear Mr. Elkind:

This responds to your February 3, 2012 letter regarding the applicability of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). Specifically, you inquire as to the appropriate marking requirements for shipments of material used for diagnostic or treatment purposes that are refrigerated with dry ice as specified in § 173.199(d)(2). You reference a letter of interpretation issued by PHMSA on July 20, 2011 (Ref. No.: 11-0112), which states that "UN3373" and "frozen medical specimens" satisfies the marking requirements. You indicate that such medical shipments could be transported for a variety of purposes unrelated to treatment or diagnosis and ask if the proper shipping name "Biological Substances, Category B" would also satisfy the marking requirement in § 173.199(d)(2).

We have reviewed our July 20, 2011 letter and we continue to believe that our interpretation is consistent with the language and intent of the regulatory requirement set forth in § 173.199(d)(2). Section 173.199(d)(2) requires that the package is marked with the wording "Carbon dioxide, solid" or "Dry ice" and an indication that the material being refrigerated is used for diagnostic treatment purposes. It provides the example "frozen medical specimens" as an acceptable marking. For this reason, the proper shipping name "Biological Substances, Category B" would not satisfy the marking requirements for materials intended for diagnostic or treatment purposes that are refrigerated with dry ice.

I hope this answers your inquiry. If you have further questions, please contact this office.

Sincerely,

 

Ben Supko
Acting Chief, Standards Development Branch
Standards and Rulemaking Division

173.199

Regulation Sections

Section Subject
173.134 Class 6, Division 6.2-Definitions and exceptions
173.199 Category B infectious substances