Interpretation Response #13-0112 ([Great Lakes Custom Law] [Mr. Jason P. Wapieninick])

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

Interpretation Response Details

Response Publish Date: 07/10/2013

Company Name: Great Lakes Custom Law

Individual Name: Mr. Jason P. Wapieninick

Location State: MI Country: US

View the Interpretation Document

Response text:

July 10, 2013

Mr. Jason P. Wapiennick
Great Lakes Custom Law
32437 Five Mile Road
Livonia, Michigan  48154

Reference No. 13-0112

Dear Mr. Wapiennick:

This is in response to your request for clarification of the Hazardous Materials Regulations (HMR; 49 CFR 171-180) applicable to your client transporting anatomical parts by motor vehicle to and from various states, Mexico, and Canada for medical programs.  In your letter, you state that the anatomical parts are non-infectious, and are often transported with medical and clinical equipment and laboratory products.  Specimens, equipment and products are packaged to prevent any risk of exposure or contamination.  At the conclusion of the medical program, the anatomical parts will either be cremated or, if their condition allows, returned to the client’s facility for use in future medical programs.

Your questions are paraphrased and answered as follows:

Q1.   If the anatomical parts being transported meet the Division 6.2 (Infectious substance) definition in § 173.134(a)(1), would § 173.134(b)(10) and/or (b)(14) except the shipper from the requirements of Parts 171 through 177 of the HMR, or only the requirements of § 173.134?

A1. Provided the anatomical parts being transported meet the Division 6.2 (Infectious substance) definition in § 173.134(a)(1), the shipper would be excepted from only the requirements of § 173.134.

Q2. For purposes of your response and as presented above, please assume the anatomical parts are excepted from the requirements of either 
§ 173.134 or Parts 171 through 177 of the HMR, and further that they are erroneously assigned identification number “UN3373.”  Is there a violation of § 171.2(k)?  Is there a violation of § 172.303(a)?

A2. The answer is yes.  Section 171.2(k) specifies that no person may, by marking or otherwise, represent that a hazardous material is present in a package, container, motor vehicle, rail car, aircraft, or vessel if the hazardous material is not present.  Section 172.303(a) specifies that no person may offer for transportation or transport a package which is marked with the proper shipping name, the identification number of a hazardous material or any other markings indicating that the material is hazardous unless the package contains the identified hazardous material or its residue.  Therefore, if the markings are not covered and are visible during transportation, a violation of § 171.2(k) (marking a package as though a hazardous material is present when it is not) and § 172.303(a) (prohibited marking) has occurred.

Q3. For purposes of your response, please assume the anatomical parts are erroneously assigned “UN3373,” but are loaded and unloaded by the shipper and transported in a trunk or cargo area and are not visible “without close inspection.”  Is the erroneous “UN3373” assignment prohibited by § 172.303(a) or is that section inapplicable under § 172.303(b)(1) or (2)?

A3. Section 172.303(b) states that the prohibited marking requirements in paragraph (a) of § 172.303 do not apply to transportation of a package in a transport vehicle or freight container if the package is not visible during transportation and is loaded by the shipper and unloaded by the shipper or consignee.  In your scenario, although the package is loaded and unloaded by the shipper and transported in a trunk or cargo area, the incorrect markings are still visible, and therefore the package is not in compliance with the HMR.

Q4. Again, for purposes of your response and assuming the same scenario as Q3, is the incorrect “UN3373” assignment prohibited and does 
§ 172.303(b)(1) or (b)2) apply?  Would there still be a violation of § 171.2(k)?

A4. See A3.

I hope this information is helpful.  Please contact this office should you have additional questions.

Sincerely,

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

173.134, 171.2, 172.303

Regulation Sections