Ten-E Packaging Services, Inc. — Hazardous Materials Safety Interpretation

Page 1U.S. Department MAY 12 2004 of Transportation 400 Seventh St., S.W. Research and Washington, D.C. 20590 Admints retions Director Mr. Robert J. Ten Eyck Ref. No. 04-0011 Technical Services Ten-E Packaging Services, Inc. 1666 County Road 74 Newport, MN 55055 Dear Mr. Ten Eyck: This responds to your letter dated December 24, 2003, that under the Hazardous Materials Regulations (HMR; 49 CFR Parts requests clarification of the package closure requirements 171-180). Specifically, you ask whether a particular closure system design meets the intent of "positive closure" under International Civil Aviation Organization's Technical § 173.27 (d) of the HMR and Part 4; Paragraph 1.1.4 of the Instructions for the Safe Transport of Dangerous Goods by Air (ICAO Technical Instructions). The design you submitted for review consists of six 400 ml plastic bottles with friction-type closures (snap caps). The bottles are placed in a fiberboard box and the closure is secured by using a corrugated pad and the snap caps and the major and minor box closure flaps. spacer placed between Under § 173.27 (d) of the HMR and Part 4; Paragraph 1.1.4 of the ICAO Technical Instructions, friction-type closures stoppers, corks, caps) must have some form of "positive" means (e.g., to ensure they are held securely in place. Acceptable methods wrap, or other similar positive means. of supplemental securement include using tape, wire, shrink alone exerted upon a friction-type closure does not satisfy Downward pressure means of positive closure under the HMR or the ICAO Technical this requirement and, therefore, would not be an acceptable 173.27 (d) 040011#

Page 2I hope this satisfies your inquiry. can be of further assistance. Please contact us if we Sincerely, Hothe z. Mithell Hattie I. Mitchell Chief, Regulatory Review and Reinvention Office of Hazardous Materials Standards#

Page 3Stevens 8173.27 (d) TENGE Packaging SETTING THE STANDARD 04-0011 December 24, 2003 U.S. DEPARTMENT OF TRANSPORTATION Edward Mazzullo Washington, DC 20590 400 Seventh Street, S.W. Dear Ed: the criteria for "positive means" of securing friction-type closures as called for under Section 173.27(d) of Title TEN-E Packaging Services, Inc. is writing to request clarification on whether a particular closure system meets 49 CFR and Part 4; Paragraph 1.1.4 of the ICAO Technical: Instructions. The package in question consists of a 440 ml plastic bottle with a friction fit snap cap. Six of these inner receptacles are place in a corrugated box components is provided for your review. and the closures are secured by the use of a corrugated pad and spacer. An isometric drawing of the respect to providing a positive means for holding the friction-type closures in place but would like to have the TEN-E Packaging Services is of the opinion that the packaging system meets the intent of the regulations with agency's written viewpoint on this regulatory matter. Sincerely, Director, Technical Servicce Rubert TENGE Pooriging Servies, Ine Attachments included with e-mail EN-E Packaging Services Newport, MN 666 County Road 7 Inc. Phone: 651-459-0671 55055 Fax: 651-459-1430 encon info@ten- UNTTED STATES - MN Web: www.ten-e.com UNITED STATES - CA MEXICO SOUTH AFRICA#

Page 4RD108498#

Page 5RD10848B#