Interpretation Response #14-0238
Below is the interpretation response detail and a list of regulations sections applicable to this response.
Interpretation Response Details
July 17, 2015
Mr. Marco Boasso
Safety and Occupational Health Specialist
Surface Deployment and Distribution Command
1 Soldier Way
Scott AFB, IL 62225
Reference No. 14-0238
Dear Mr. Boasso:
This is in response to your December 10, 2014 e-mail and attached letter requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) relating to the transportation of human remains that may have been exposed to and infected with a Division 6.2, Infectious Substance, Category A from an overseas location to the United States for interment or cremation. The remains would be transported by air or vessel to a port of entry in the United States with subsequent domestic transportation to its final resting place. The remains would not be decontaminated, embalmed or cremated prior to transportation. You correctly note that § 173.134(b)(14) provides that corpses, remains and anatomical parts intended for interment, cremation or medical research at a college, hospital or laboratory are not subject to the requirements of the HMR as Division 6.2 materials. You also correctly note that the International Civil Aviation Organization Technical Instructions for the Safe Transport of Dangerous Goods (ICAO TI) and the International Maritime Dangerous Goods (IMDG) Code do not provide a similar exception for the transportation of human remains.
You ask if the Department of Defense is obligated to classify the remains in accordance with HMR § 173.196(d) and request a special permit or competent authority approval from PHMSA for alternate packaging for transportation of the remains from overseas to the domestic location for interment or cremation.
In accordance with § 173.134(b)(14), the described human remains are not subject to the HMR as Division 6.2 materials. Provided the remains do not meet the definition of any other hazard class or division, the transportation of the remains is not regulated under the HMR. However, if the remains are prepared for transportation in accordance with the ICAO TI or the IMDG Code and packaged under a competent authority approval of another jurisdiction (ICAO TI 4;2.8 or IMDG Code 18.104.22.168) the remains, so prepared, may be transported in the United States as authorized by HMR § 171.22(d).
For more information on regulatory requirements for the safe transport of human remains infected with Division 6.2 infectious substances refer to the CDC website here: http://www.cdc.gov/quarantine/human-remains.html
I trust this information is helpful. If you have further questions, please do not hesitate to contact this office.
Duane A. Pfund
International Standards Coordinator
Standards and Rulemaking Division
173.134(b)(14), 173.196(d), 173.134(b)(14), 171.22(d)
|§ 173.134||Class 6, Division 6.2-Definitions and exceptions|