Federal Register, Volume 79 Issue 210 (Thursday, October 30, 2014)

[Federal Register Volume 79, Number 210 (Thursday, October 30, 2014)]
[Notices]
[Pages 64646-64647]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-25778]

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DEPARTMENT OF TRANSPORTATION

Pipeline and Hazardous Materials Safety Administration

[Docket No. PHMSA-2014-0134, Notice No. 14-04]

Safety Advisory: Packaging and Handling Ebola Virus Contaminated
Infectious Waste for Transportation to Disposal Sites

AGENCY: Pipeline and Hazardous Materials Safety Administration (PHMSA),
DOT.

ACTION: Safety Advisory Notice.

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SUMMARY: PHMSA is issuing this safety advisory to provide guidance on
the U.S. Department of Transportation's (DOT) Hazardous Materials
Regulations (HMR; 49 CFR, parts 171-180) to persons who prepare, offer,
and transport materials contaminated or suspected of being contaminated
with the Ebola virus.

FOR FURTHER INFORMATION CONTACT: Charles E. Betts, Office of Hazardous
Materials Safety, Standards and Rulemaking Division, (202) 366-8553,
Pipeline and Hazardous Materials Safety Administration, U.S. Department
of Transportation, 1200 New Jersey Ave. SE., Washington, DC 20590-0001.

SUPPLEMENTARY INFORMATION: This Safety Advisory provides guidance on
the U.S. Department of Transportation's (DOT) Hazardous Materials
Regulations (HMR; 49 CFR, parts 171-180) to persons who prepare, offer
and transport materials contaminated or suspected of being contaminated
with the Ebola virus. The HMR apply to any material that the DOT
determines is capable of posing an unreasonable risk to health, safety,
and property when transported in commerce.\1\ Material contaminated or
suspected of being contaminated with Ebola is regulated as a Category A
infectious substance under the HMR. To ensure their safe
transportation, the Ebola contaminated materials must be packaged in
conformity with the applicable requirements in the HMR for Category A
infectious substances. Ebola contaminated materials that have been
appropriately incinerated, autoclaved, or otherwise inactivated are not
considered Category A infectious substances and are not subject to the
requirements of the HMR. For more information on the HMR requirements
see http://phmsa.dot.gov/hazmat/transporting-infectious-substances. For
guidance on how to handle infectious substances before transporting
them, refer to the Centers for Disease Control and Prevention (CDC)
(see http://www.cdc.gov/vhf/ebola/hcp/index.html).
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\1\ The HMR applies to interstate, intrastate, and foreign
commerce.
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This document is intended to provide general guidance and does not
address many of the specific provisions and exceptions contained in the
HMR. It should not be used as a substitute for the HMR to determine
compliance. Strict compliance with the HMR is required, unless you have
been granted a special permit.
Transportation of a hazardous material in a motor vehicle,
aircraft, or vessel operated by a Federal, state, or local government
employee solely for noncommercial Federal, state, or local government
purposes is not subject to the HMR. Accordingly, waste generated from
the treatment of a patient contaminated or suspected of being
contaminated with the Ebola virus transported by a Federal, state, or
local government employee to a disposal facility is not subject to the
HMR. DOT, however, recommends that Federal, state, or local governments
comply with appropriate safety requirements provided in the HMR to
ensure the safe transportation of waste contaminated or suspected of
being contaminated with the Ebola virus. We also recommend compliance
with all conditions and operational controls specified in any
applicable special permit issued for the transportation of waste
contaminated or suspected of being contaminated with the Ebola virus
and our guidance referred to below. To transport materials contaminated
or suspected of being contaminated with the Ebola virus, a special
permit may be necessary to allow for a variance of the HMR packaging
requirements to handle the larger volume of contaminated waste
generated during the treatment of Ebola patients. DOT may grant a
special permit if the applicant can demonstrate that an alternative
packaging will achieve a safety level that is at least equal to the
safety level required under HMR or is consistent with the public
interest if a required safety level does not exist. Emergency
processing of special permits applies when the special permit is
necessary to prevent significant injury to persons or property not
preventable under normal

[[Page 64647]]

processing, for immediate national security, or to prevent significant
economic loss. To qualify for emergency processing, the application
must meet specific criteria, justifications must be well documented,
and describe the impact if the special permit is not granted.
PHMSA issued a non-site specific special permit (Special Permit
DOT-SP 16279) to certain waste haulers, which authorizes the
transportation in commerce of waste contaminated with or suspected of
being contaminated with the Ebola virus for disposal. Other waste
haulers not yet authorized under Special Permit DOT-SP 16279 may apply
for party status in accordance with 49 CFR 107.107. If an entity needs
a variance from the HMR, it must apply for a special permit as provided
in 49 CFR part 107 subpart B.
The DOT's Pipeline and Hazardous Materials Safety Administration
has provided the following guidance on the transportation of these
materials:
``DOT Guidance for Preparing Packages of Ebola
Contaminated Waste for Transportation and Disposal'' provides guidance
to prepare packages containing waste contaminated or suspected of being
contaminated with the Ebola virus for transportation to off-site
treatment and disposal. http://phmsa.dot.gov/staticfiles/PHMSA/DownloadableFiles/Files/suspected_ebola_patient_packaging_guidance_final.pdf.
``DOT Guidance for Transporting Ebola Contaminated Items,
a Category A Infectious Substance'' provides common FAQs regarding the
HMR requirements for Category A infectious substances. http://phmsa.dot.gov/portal/site/PHMSA/menuitem.6f23687cf7b00b0f22e4c6962d9c8789/?vgnextoid=4d1800e36b978410VgnVCM100000d2c97898RCRD&vgnextchannel=d248724dd7d6c010VgnVCM10000080e8a8c0RCRD&vgnextfmt=print.
``Transporting Infectious Substances Safely'' brochure
that explains the HMR for transporting infectious substance is
available at: http://www.phmsa.dot.gov/pv_obj_cache/pv_obj_id_54AC1BCBF0DFBE298024C4C700569893C2582700/filename/Transporting_Infectious_Substances_brochure.pdf.
Special Permit DOT-SP 16279 provides certain carriers with
alternative authorized packaging options for transporting waste
contaminated or suspected of being contaminated with the Ebola virus
for treatment and disposal. http://phmsa.dot.gov/staticfiles/PHMSA/DownloadableFiles/Files/DOT_SP_16279.pdf.

Additional Information

[cir] All Centers for Disease Control and Prevention guidance
regarding the Ebola virus is available at: http://www.cdc.gov/vhf/ebola/hcp/index.html.
For questions on the HMR requirements, please contact the Pipeline
and Hazardous Materials Safety Administration's (PHMSA's) Hazardous
Materials Information Center at 1-800-467-4922, 9 a.m.-5 p.m. Eastern
time.

Magdy El-Sibaie,
Associate Administrator for Hazardous Materials Safety, Pipeline and
Hazardous Materials Safety Administration.
[FR Doc. 2014-25778 Filed 10-29-14; 8:45 am]
BILLING CODE 4910-60-P