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


-----------------------------------------------------------------------

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.

-----------------------------------------------------------------------

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).
---------------------------------------------------------------------------

    \1\ The HMR applies to interstate, intrastate, and foreign 
commerce.
---------------------------------------------------------------------------

    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


