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Federal Register / Vol. 71, No.

211 / Wednesday, November 1, 2006 / Rules and Regulations 64121

primary receptacle(s), then turning the requirements for Division 6.2 infectious consistent with revised international
receptacle(s) upside down and substances based on the criteria standards.
observing for any evidence of free liquid published by the World Health This interim rule harmonizes our
not absorbed on contact. Any evidence Organization. Our revised standards mailing standards with the packaging
of free liquid is a failure. adopt many of the changes the category system for infectious
10. Watertight test. Package testing Department of Transportation made to substances developed by the World
results must show that no leakage its regulations for the shipment and Health Organization (WHO) in 2005.
occurred when 50 ml of deionized water packaging of hazardous materials. We Our revisions are largely consistent with
was placed into the secondary also harmonize our standards with the DOT regulations for shipping and
containment system and the entire World Health Organization Guidance on packaging hazardous materials and with
system turned upside down for 5 Regulations for the Transport of the International Civil Aviation
minutes. Infectious Substances and the Organization (ICAO) Technical
[Add new item f as follows:] International Civil Aviation Instructions for the Safe Transport of
f. Suspension of Authorization. Organization Technical Instructions for
1. The Postal Service may suspend a Dangerous Goods by Air. We also
the Safe Transport of Dangerous Goods prohibit Category A infectious
vendor’s authorization based on by Air. In addition, we prohibit
information that a mailpiece no longer substances in the mail. Category A
Category A infectious substances in the includes infectious substances
meets the standards for mailing sharps mail.
medical waste and regulated medical transported in a form capable of causing
DATES: These changes are effective permanent disability or life-threatening
waste containers, or that the mailpiece
poses an unreasonable safety risk to November 1, 2006. We will accept your or fatal disease in otherwise healthy
Postal Service employees or the public. comments on or before December 1, people or animals if exposure occurs.
The suspension can be made 2006. Our prohibition of Category A infectious
immediately, making the mailpiece ADDRESSES: Mail or deliver written substances is consistent with ICAO’s
nonmailable immediately. The vendor comments to the Manager, Mailing recommendation that Category A
may contest a decision to suspend Standards, U.S. Postal Service, 475 substances not be carried by mail.
authorization by writing to the manager, L’Enfant Plaza, SW., Room 3436, Our interim rule:
Mailing Standards (see 608.8 for Washington, DC 20260–3436. You may • Revises the classification system
address), within 7 days from the date of inspect and photocopy all written from the current four-tiered risk group
the letter of suspension. The appeal comments at USPS Headquarters classification system to a two-tiered
should provide evidence demonstrating Library, 475 L’Enfant Plaza, SW., 11th system. Infectious substances are now
why the decision should be Floor N, Washington, DC between 9 a.m. classified as ‘‘Category A’’ and
reconsidered. Any order suspending and 4 p.m., Monday through Friday. ‘‘Category B,’’ depending on the type of
authorization remains in effect during FOR FURTHER INFORMATION CONTACT: Bert substance.
an appeal or other challenge. Olsen, 202–268–7276. • Identifies Category A infectious
2. When a vendor is notified that its substances as nonmailable.
SUPPLEMENTARY INFORMATION: The Postal
authorization to mail sharps or other
regulated medical waste containers has Service is subject to the legal • Replaces the shipping name
been suspended, the vendor must restrictions in Title 18 of United States ‘‘Diagnostic Specimen’’ with ‘‘Biological
immediately: (1) Recall all identified Code 1716, which prohibits the mailing substance, Category B.’’
containers. (2) Notify all customers that of ‘‘all disease, germs, or scabs, and all • Adopts packaging requirements for
they cannot mail the identified other natural or artificial articles, Category B infectious substances
containers. (3) Suspend sales and compositions, or material which may consistent with those in the DOT
distribution of all identified containers. kill or injure another, or injure the mails regulations, the WHO Guidance, and the
(4) Collect the identified containers or other property’’ if that material is ICAO Technical Instructions.
from distributors, consumers, and the outwardly or of its own force dangerous
to life, health, or property. For legal and These revisions to our mailing
Postal Service without using the mail standards will provide a greater level of
and in accordance with all Federal and safety reasons, the mailing standards for
hazardous materials in Mailing safety for handling and transporting
State regulations. mailable infectious substances. These
Standards of the United States Postal
* * * * * Service, Domestic Mail Manual (DMM) changes will also facilitate domestic and
closely adhere to Department of international transportation by aligning
Neva R. Watson,
Transportation (DOT) regulations in 49 our mailing standards with the current
Attorney, Legislative. international standards for the transport
[FR Doc. E6–18063 Filed 10–31–06; 8:45 am] CFR, and include additional limitations
and prohibitions. of hazardous materials.
BILLING CODE 7710–12–P
On June 6, 2003, we published a final We provide the new standards below.
rule in the Federal Register (68 FR We will publish a final rule and may
POSTAL SERVICE 33858) to revise the standards for further revise the standards based on the
mailing infectious substances. The comments we receive.
39 CFR Part 111 revision harmonized our standards with Although we are exempt from the
many of the DOT regulations in effect at notice and comment requirements of the
New Mailing Standards for Division 6.2 that time for the transportation of Administrative Procedure Act regarding
Infectious Substances infectious substances. On June 2, 2006, proposed rulemaking (see 5 U.S.C.
DOT published new regulations (71 FR 553(b), (c)), we invite public comments
hsrobinson on PROD1PC76 with RULES

AGENCY:Postal Service.
Interim rule with request for
ACTION: 32244) to revise the transportation on the following revisions to Mailing
comments. requirements for infectious substances Standards of the United States Postal
and adopt new classification criteria, Service, Domestic Mail Manual (DMM),
SUMMARY: The Postal Service is revising new exceptions, and new packaging and incorporated by reference in the Code of
its mailing standards and packaging hazard communication requirements Federal Regulations. See 39 CFR 111.1.

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64122 Federal Register / Vol. 71, No. 211 / Wednesday, November 1, 2006 / Rules and Regulations

List of Subjects in 39 CFR Part 111 conditions, or professional judgment e. Patient specimen means material
Administrative practice and concerning the individual that is collected directly from humans
procedure, Postal Service. circumstances of the source human or or animals and transported for purposes
animal. such as diagnosis and research. Patient
■Accordingly, 39 CFR part 111 is 2. Category B: An infectious substance specimens include excreta, secreta,
amended as follows: that does not meet the criteria for blood and its components, tissue and
inclusion in Category A. A mailpiece tissue swabs, body parts, and specimens
PART 111—[AMENDED] known or suspected to contain a in transport media (such as transwabs,
■ 1. The authority citation for 39 CFR Category B infectious substance must culture media, and blood culture
part 111 continues to read as follows: bear the proper shipping name bottles).
‘‘Biological substance, Category B’’ on [Replace item f with new item f as
Authority: 5 U.S.C. 552(a); 39 U.S.C. 101,
the address side of the mailpiece and follows:]
401, 403, 404, 414, 416, 3001–3011, 3201–
3219, 3403–3406, 3621, 3626, 5001. must be assigned to and marked with f. Regulated medical waste, for USPS
identification number UN 3373 or, for purposes, means a soft waste material
■ 2. Revise the following sections of regulated medical waste and sharps (other than a sharp) derived from the
Mailing Standards of the United States medical waste, identification number medical treatment, diagnosis,
Postal Service, Domestic Mail Manual UN 3291. immunization, or biomedical research of
(DMM), as follows: [Revise item b as follows:] a human or animal. Soft medical waste
b. Biological product means a virus, includes items such as used rubber
600 Basic Standards for All Mailing therapeutic serum, toxin, antitoxin,
Services gloves, swabs, gauze, tongue depressors,
vaccine, blood, blood component or
and other similar material. Mark these
601 Mailability derivative, allergenic product, or
mailpieces with identification number
analogous product or arsphenamine or
* * * * * UN 3291.
derivative of arsphenamine (or any
[Delete Exhibit 10.17.2f, Risk Group
10.0 Hazardous Materials other trivalent arsenic compound)
Criteria. Revise item g as follows:]
intended to prevent, treat, or cure a
* * * * * g. Sharps medical waste, for USPS
disease or condition of humans or
10.17 Infectious Substances (Hazard purposes, means a medical waste object
animals. A biological product includes
Class 6, Division 6.2) that is capable of cutting or penetrating
a material subject to regulation under 42
skin or packaging material and that is
U.S.C. 262 or 21 U.S.C. 151–159. Unless
10.17.1 General contaminated with a pathogen or may
otherwise excepted, mark these
[Revise the first and last sentences in become contaminated with a pathogen
mailpieces with identification number
10.17.1 as follows:] Division 6.2 derived from the medical treatment,
UN 3373 when they contain a biological
materials include infectious substances, diagnosis, immunization, or biomedical
product known or reasonably expected
biological products, regulated medical research of a human or animal. Sharps
to contain a pathogen that meets the
waste, sharps medical waste, used include used medical waste such as
definition of a Category B infectious
health care products, and forensic needles, syringes, scalpels, broken glass,
substance.
materials. * * * Unless otherwise [Revise item c as follows:] culture slides, culture dishes, broken
noted, all mailable Division 6.2 c. Cultures are infectious substances capillary tubes, broken rigid plastic, and
materials must meet the mail that result from a process by which exposed ends of dental wires. Mark
preparation requirements for air pathogens are intentionally propagated. these mailpieces with identification
transportation. This definition does not include a number UN 3291.
human or animal patient specimen as [Revise the last part of item h as
10.17.2 Definitions follows:]
defined in 10.17.2e.
The terms used in the standards for [Replace item d with new item d as h. * * * UN 2814, UN 2900, or UN
Division 6.2 materials are defined as follows:] 3373, as appropriate. A toxin known or
follows: d. Exempt human or animal specimen suspected to contain a Category A
[Revise item a as follows:] means a human or animal sample infectious substance is not mailable. A
a. Infectious substance means a (including, but not limited to, secreta, toxin known or suspected to contain a
material known or reasonably expected excreta, blood and its components, Category B infectious substance must be
to contain a pathogen. A pathogen is a tissue and tissue fluids, and body parts) marked UN 3373 and packaged under
microorganism that can cause disease in transported for routine testing not 10.17.5. Toxins from plant, animal, or
humans or animals. Examples of related to the diagnosis of an infectious bacterial sources that do not contain an
pathogens include bacteria, viruses, disease. Typically, exempt human infectious substance, and are not
fungi, and other infectious agents. An specimens are specimens for which contained in an infectious substance,
infectious substance must be assigned to there is a low probability that the may be considered for classification as
one of the following two categories: sample is infectious, such as specimens Division 6.1 toxic substances under
1. Category A: An infectious for drug or alcohol testing; cholesterol 10.16.
substance transported in a form capable testing; blood glucose level testing; [Delete the last sentence in item i.
of causing permanent disability or life- prostate-specific antigens (PSA) testing; Revise the last part of the new last
threatening or fatal disease in otherwise testing to monitor heart, kidney, or liver sentence as follows:]
healthy humans or animals when function; pregnancy testing; and testing i. * * * to remove or mitigate the
exposure occurs. Category A infectious for diagnosis of noninfectious diseases infectious hazard prior to transport.
substances are not mailable. A Category such as cancer biopsies. Exempt human
hsrobinson on PROD1PC76 with RULES

10.17.3 Nonregulated Materials


A infectious substance is assigned the or animal specimens are not subject to
identification number UN 2814 or UN regulations as hazardous materials but [Revise 10.17.3 as follows:]
2900, based on the known medical must be packaged according to 10.17.10. The following materials are not
history or symptoms of the source [Replace item e with new item e as subject to regulation as Division 6.2
patient or animal, endemic local follows:] hazardous materials and are mailable

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Federal Register / Vol. 71, No. 211 / Wednesday, November 1, 2006 / Rules and Regulations 64123

when the packaging requirements in tissues or organs intended for use in material, or dried specimens for fecal
10.17.9 are met: transplant operations; and human cell, occult blood detection. (These materials
a. A biological product, including an tissues, and cellular and tissue-based are not classified as exempt human or
experimental or investigational product products regulated under the Public animal specimens.)
or component of a product, subject to Health Service Act (42 U.S.C. 264–272)
Federal approval, permit, review, or e. Forensic material containing a
or the Food, Drug, and Cosmetic Act (21
licensing requirements, such as those biological material, such as tissue, body
U.S.C. 332 et seq.).
required by the Food and Drug c. Blood, blood plasma, and blood fluid, excreta, or secreta, not expected to
Administration of the U.S. Department components collected for the purpose of contain a Category A or Category B
of Health and Human Services or the blood transfusion or the preparation of infectious substance and transported on
U.S. Department of Agriculture. A blood products and sent for testing as behalf of a U.S. Government agency or
biological product known or suspected part of the collection process, except a state, local, or Indian tribal
to contain a Category B infectious where the person collecting the blood government agency. A forensic material
substance must be marked UN 3373 and has reason to believe it contains a known or suspected to contain a
packaged under 10.17.5. A biological Category B infectious substance, in Category B infectious substance must be
product known or suspected to contain which case the test sample must be shipped as a Category B infectious
a Category A infectious substance is not shipped as a Category B infectious substance. A forensic material known or
mailable. substance. Materials known or suspected to contain a Category A
b. Blood collected for the purpose of suspected to contain a Category A infectious substance is not mailable.
blood transfusion or the preparation of infectious substance are not mailable.
blood products; blood products; plasma; d. Dried blood spots, collected by * * * * *
plasma derivatives; blood components; applying a drop of blood to absorbent [Revise Exhibit 10.17.4 as follows:]

EXHIBIT 10.17.4 PACKAGING STANDARDS FOR DIVISION 6.2 INFECTIOUS SUBSTANCES


Packaging standards
Material being mailed Category Category
Nonregulated A B

Blood for Transfusion .................................................................................................................. 10.17.9 nm 10.17.5


Biological Product ........................................................................................................................ 10.17.9 nm 10.17.5
Culture or Stock ........................................................................................................................... 10.17.9 nm 10.17.5
Patient Specimen ......................................................................................................................... na nm 10.17.5
Exempt Human or Animal Specimen .......................................................................................... 10.17.10 na na
Forensic Material ......................................................................................................................... 10.17.9 nm 10.17.5
Regulated Medical Waste ............................................................................................................ 10.17.6 nm 10.17.6
Sharps Waste .............................................................................................................................. 10.17.6 nm 10.17.6
Toxin * .......................................................................................................................................... 10.16.4 nm 10.17.5
Treated Medical Waste ................................................................................................................ 10.17.9 n/a n/a
Used Health Care Product .......................................................................................................... 10.17.7 nm 10.17.7
nm = Not mailable. n/a = Not applicable.
* Toxin means a Division 6.1 material from a plant, animal, or bacterial source. A toxin containing an infectious substance or a toxin contained
in an infectious substance must be classified as Division 6.2; described as an infectious substance; and assigned to UN 2814, UN 2900, or UN
3373, as appropriate. A Division 6.1 toxin that can qualify as an ORM–D material is permitted when packaged under 10.16.3 or 10.16.4.

[Revise 10.7.5 as follows:] receptacle must not contain more than Regulated medical waste and sharps
1 liter (34 ounces) of a liquid specimen medical waste as defined in 10.17.2f
10.17.5 Packaging Category B
or 4 kg (8.8 pounds) of a solid specimen. and 10.17.2g must be marked UN 3291.
Infectious Substances
Two or more primary receptacles whose See 10.17.6.
A material that is classified as a combined volume does not exceed 4 d. Orientation arrows are not required
Category B infectious substance and that liters (1 gallon) for liquids or 4 kg (8.8 on these mailpieces but may be used.
meets the definition in 10.17.2a2 must pounds) for solids may be enclosed in
a single secondary container. In e. The outer packaging must show the
be triple-packaged, meeting the
addition: name and telephone number of a person
packaging requirements in 49 CFR
a. The secondary container must be who is knowledgeable about the
173.199, and sent as First-Class Mail,
marked with the international biohazard material shipped and has
Priority Mail, or Express Mail. Each
symbol shown in Exhibit 10.17.6c2. comprehensive emergency response and
primary receptacle containing a liquid
incident mitigation information, or of
must be leakproof and surrounded by b. The primary receptacle or
someone who has immediate access to
absorbent material sufficient to protect secondary packaging must be capable of
the person with such knowledge and
the primary receptacle and absorb the withstanding, without leakage, an
information.
total amount of liquid should the internal pressure producing a pressure
primary receptacle leak or break. Each differential of not less than 95 kPa (0.95 [Delete 10.17.6 and renumber 10.17.7
primary receptacle containing a solid bar, 14 psi) in the range of ¥40°C to through 10.17.10 as 10.17.6 through
must be siftproof. Secondary containers 55°C (¥40°F to 130°F). 10.17.9.]
hsrobinson on PROD1PC76 with RULES

for liquids must be leakproof. Secondary c. All mailpieces sent under 10.17.5 10.17.6 Sharps Waste and Other
containers for solids must be siftproof. must be marked on the address side Mailable Regulated Medical Waste
The primary and secondary packaging with the shipping name ‘‘Biological
must be enclosed in a rigid outer substance, Category B’’ and ‘‘UN 3373’’ [Revise the introductory text as
shipping container. A single primary as outlined in 49 CFR 173.199 (a)(5). follows:]

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64124 Federal Register / Vol. 71, No. 211 / Wednesday, November 1, 2006 / Rules and Regulations

Regulated medical waste and sharps Class Mail, Priority Mail, or Express secondary container with a leakproof
medical waste known or suspected to Mail when triple-packaged in a primary barrier that can prevent failure of the
contain a Category A infectious receptacle, secondary container, and a secondary container if the primary
substance is not mailable. Regulated rigid outer shipping container as receptacle(s) should leak during
medical waste and sharps medical waste follows: transport. The secondary container must
as defined in 10.17.2f and 10.17.2g, and * * * * * be securely sealed, and it may serve as
containing materials classified as [Revise the heading and text in the outer shipping container if it has
Category B infectious substances, must renumbered 10.17.9 as follows:] sufficient strength to withstand ordinary
be marked UN 3291 and is permitted for postal processing. The secondary
10.17.9 Packaging Nonregulated container must be marked with the
mailing only using merchandise return
Materials international biohazard symbol shown
service (see 507.10.0) with First-Class
Mail or Priority Mail service, subject to Nonregulated materials as defined in in Exhibit 10.17.6c2, except when the
the following requirements: 10.17.3 are not subject to regulation as secondary container also serves as the
* * * * * hazardous materials but must be outer shipping container. In that case,
[Revise item b as follows:] properly packaged when presented for the biohazard symbol must appear on
b. Packaging. Regulated medical mailing. Regulated medical waste, the inner packaging or on the primary
waste and sharps medical waste that sharps medical waste, and used health container. A shipping paper and a
also meets the definition of a Category care products must be packaged and content marking on the outer shipping
A infectious substance is not mailable. mailed under 10.17.6 and 10.17.7. container are not required.
A medical waste material treated by Exempt human and animal specimens 2. Exceeding 50 ml. A liquid patient
steam sterilization, chemical must be packaged under 10.17.10. specimen, forensic material, or
disinfections, or other appropriate Nonregulated materials are mailable as biological product that exceeds 50 ml
method so that it no longer contains a First-Class Mail, Priority Mail, Express must be packaged in a securely sealed
Category A or Category B infectious Mail, or Package Services mail. Such primary receptacle. A single primary
substance must be packaged under materials must be held within a securely receptacle must not contain more than
10.17.9. The packaging for regulated sealed primary receptacle. The primary 500 ml of specimen. Two or more
receptacle must be surrounded by primary receptacles whose combined
medical waste and sharps medical waste
sufficient absorbent material (for volume does not exceed 500 ml may be
containing or suspected of containing a
liquids) and cushioning material to enclosed in a single secondary
Category B infectious substance is
protect the primary receptacle from container. Sufficient absorbent material
subject to these standards:
breakage. The absorbent material must and cushioning material to withstand
* * * * * be capable of taking up the entire liquid shock and pressure changes must
10.17.7 Packaging Used Health Care contents of the primary receptacle in surround the primary receptacle(s), or
Products case of leakage. Either the primary be otherwise configured to take up the
receptacle or the inner packaging must entire liquid contents in case of leakage.
[Revise the introductory text as be marked with the international The primary receptacle(s) and the
follows:] biohazard symbol shown in Exhibit absorbent cushioning must be enclosed
A used health care product known or 10.17.6c2. The primary receptacle and in a secondary container with a
reasonably suspected to contain a the absorbent and cushioning material leakproof barrier that can prevent failure
Category A material is not mailable. A must be snugly enclosed in a rigid outer of the secondary container if the
used health care product not suspected shipping container that is securely primary receptacle(s) should leak during
to contain an infectious material, or that sealed. A shipping paper and a content transport. The secondary container
is known or suspected to contain a marking on the outer shipping container cannot serve as the outer shipping
Category B infectious substance, and is are not required. Nonregulated material container. The secondary container
being returned to the manufacturer or specimens and biological products are must be marked with the international
manufacturer’s designee is mailable as subject to the following packaging biohazard symbol shown in Exhibit
First-Class Mail, Priority Mail, or standards: 10.17.6c2. The secondary container
Express Mail subject to the following a. Liquid Patient Specimens and must be securely and snugly enclosed in
packaging requirements: Biological Products. Mailers must a fiberboard box or container of
* * * * * package a liquid nonregulated patient equivalent strength that serves as the
[Revise the heading and introductory specimen, a forensic specimen, or a outer shipping container. A shipping
text in renumbered 10.17.8 as follows:] biological product (such as polio paper and a content marking on the
vaccine) as follows: outer shipping container are not
10.17.8 Packaging Forensic Material 1. Not exceeding 50 ml. A patient required.
Forensic material containing a specimen or biological product b. Solid (or Dry) Specimen. A solid or
biological material, such as tissue, body consisting of 50 ml or less per mailpiece dry specimen, such as a saliva swab,
fluid, excreta, or secreta, and sent on must be packaged in a securely sealed blood spot, fecal smear, culture or stock,
behalf of a U.S. Government agency or primary receptacle. Two or more or forensic material, must be completely
a State, local, or Indian tribal primary receptacles whose combined dried before packaging in a mailing
government agency must be packaged volume does not exceed 50 ml may be container or envelope. Cushioning
under 10.17.9 when it is not known or enclosed within a single mailpiece. material to withstand shock and
suspected to contain a Category A or Sufficient absorbent material and pressure changes is required only if the
Category B infectious substance. cushioning material to withstand shock dry specimen is placed in a breakable
Forensic material known or suspected to and pressure changes must surround the primary receptacle. When required, the
hsrobinson on PROD1PC76 with RULES

contain a Category A infectious primary receptacle(s), or be otherwise cushioning material must surround the
substance is not mailable. Forensic configured to take up the entire liquid primary receptacle. The primary
material known or suspected to contain contents in case of leakage. The primary receptacle (and cushioning material, if
a Category B infectious substance as receptacle(s) and the absorbent required) must be enclosed in a
identified in 10.17.5 is mailable as First- cushioning must be enclosed in a secondary container with a siftproof

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Federal Register / Vol. 71, No. 211 / Wednesday, November 1, 2006 / Rules and Regulations 64125

barrier that can prevent failure of the Mail, Express Mail, or Package Services (EPA), Region 8, Mailcode 8P–AR, 999
secondary container if the primary mail. 18th Street, Suite 200, Denver, Colorado
receptacle breaks during shipment. The * * * * * 80202–2466. Such deliveries are only
secondary container must be securely accepted Monday through Friday, 8 a.m.
Neva R. Watson, to 4:55 p.m., excluding federal holidays.
sealed, and it may serve as the outer
Attorney, Legislative. Special arrangements should be made
shipping container if it has sufficient
strength to withstand ordinary postal [FR Doc. E6–18062 Filed 10–31–06; 8:45 am] for deliveries of boxed information.
processing. The secondary container BILLING CODE 7710–12–P Instructions: Direct your comments to
Docket ID No. EPA–R08–OAR–2006–
must be marked with the international
0564. EPA’s policy is that all comments
biohazard symbol shown in Exhibit
ENVIRONMENTAL PROTECTION received will be included in the public
10.17.6c2, except when the secondary docket without change and may be
container also serves as the outer AGENCY
made available online at
shipping container. In that case, the www.regulations.gov including any
40 CFR Part 52
biohazard symbol must appear either on personal information provided, unless
the inner packaging or on the primary [EPA–R08–OAR–2006–0564, FRL–8236–8] the comment includes information
container receptacle. A shipping paper claimed to be Confidential Business
and a content marking on the outer Approval and Promulgation of Air
Information (CBI) or other information
shipping container are not required. Quality Implementation Plans; Utah;
whose disclosure is restricted by statute.
Revisions to the Utah Administrative
[Insert new 10.17.10 as follows:] Do not submit information that you
Code; Direct Final Rule
consider to be CBI or otherwise
10.17.10 Packaging Exempt Human or AGENCY: Environmental Protection protected through www.regulations.gov
Animal Specimens Agency (EPA). or e-mail. The www.regulations.gov Web
ACTION: Direct final rule. site is an ‘‘anonymous access’’ system,
Exempt human or animal specimens which means EPA will not know your
as defined in 10.17.2d are not subject to SUMMARY: EPA is taking direct final identity or contact information unless
regulation as hazardous materials but action to approve State Implementation you provide it in the body of your
when presented for mailing must be Plan (SIP) revisions submitted by the comment. If you send an e-mail
triple-packaged in leakproof (for liquids) State of Utah on February 7, 2006. These comment directly to EPA, without going
or siftproof (for solids) primary changes to the Utah Administrative through www.regulations.gov, your e-
receptacles. Sufficient cushioning and Code revise some minor technical mail address will be automatically
absorbent materials must surround each requirements of Utah’s continuous captured and included as part of the
primary receptacle containing liquid. emission monitoring rules and correct comment that is placed in the public
Secondary containers for liquids must several grammatical errors. The docket and made available on the
be leakproof. Secondary containers for intended effect of this action is to make Internet. If you submit an electronic
solids must be siftproof. The primary federally enforceable those provisions comment, EPA recommends that you
and secondary packaging must be that EPA is approving. This action is include your name and other contact
enclosed in a rigid outer shipping being taken under section 110 of the information in the body of your
container. A single primary receptacle Clean Air Act. comment and with any disk or CD–ROM
must not contain more than 500 ml of you submit. If EPA cannot read your
DATES: This rule is effective on January
comment due to technical difficulties
a liquid specimen or 500 grams of a 2, 2007 without further notice, unless
and cannot contact you for clarification,
solid specimen. Two or more primary EPA receives adverse comment by
EPA may not be able to consider your
receptacles whose combined volume December 1, 2006. If adverse comment
comment. Electronic files should avoid
does not exceed 500 ml (for liquids) or is received, EPA will publish a timely
the use of special characters, any form
500 grams (for solids) may be enclosed withdrawal of the direct final rule in the
of encryption, and be free of any defects
in a single secondary container. The Federal Register informing the public
or viruses. For additional information
secondary container cannot serve as the that the rule will not take effect.
about EPA’s public docket visit the EPA
outer shipping container. The secondary ADDRESSES: Submit your comments, Docket Center homepage at http://
container must be marked with the identified by Docket ID No. EPA–R08– www.epa.gov/epahome/dockets.htm.
international biohazard symbol shown OAR–2006–0564, by one of the For additional instructions on
in Exhibit 10.17.6c2. The secondary following methods: submitting comments, go to Section I:
container must be securely and snugly • www.regulations.gov. Follow the General Information portion in the
enclosed in a fiberboard box or on-line instructions for submitting SUPPLEMENTARY INFORMATION section of
container of equivalent strength that comments. this document.
serves as the outer shipping container. • E-mail: long.richard@epa.gov and Docket: All documents in the docket
A shipping paper is not required. The kimes.jeffrey@epa.gov. are listed in the www.regulations.gov
outer shipping container must be • Fax: (303) 312–6064 (please alert index. Although listed in the index,
the individual listed in the FOR FURTHER some information is not publicly
marked on the address side with the
INFORMATION CONTACT if you are faxing available, e.g., CBI or other information
words ‘‘Exempt human specimen’’ or
comments). whose disclosure is restricted by statute.
‘‘Exempt animal specimen,’’ as
• Mail: Richard R. Long, Director, Air Certain other material, such as
appropriate. In addition, at least one and Radiation Program, Environmental copyrighted material, will be publicly
surface of the outer packaging must Protection Agency (EPA), Region 8, available only in hard copy. Publicly
hsrobinson on PROD1PC76 with RULES

have a minimum dimension of 3.9 Mailcode 8P–AR, 999 18th Street, Suite available docket materials are available
inches x 3.9 inches (100 mm x 100 mm). 200, Denver, Colorado 80202–2466. either electronically in
Exempt human and animal specimens • Hand Delivery: Richard R. Long, www.regulations.gov or in hard copy at
are mailable as First-Class Mail, Priority Director, Air and Radiation Program, the Air and Radiation Program,
Environmental Protection Agency Environmental Protection Agency

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