{"operation":"document","citation":"05-0227","title":"Regulatory Resources, Inc. — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2005-10-28","effective_on":null,"summary":"05-0227 response to Regulatory Resources, Inc. concerning 173.410, 173.412.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-05-0227.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-05-0227.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-05-0227","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2005/050227.pdf","body":"<<<PAGE 1>>>\n\nof Transportation\nU.S. Department\nWashington, D.C. 20590\n400 Seventh Street, S.W.\nPipeline and\nHazardous Materials Safety\nAdministration\nOCT 28 2005\nMr. Wade A. Winters\nRef No. 05-0227\nPresident\nRegulatory Resources, Inc.\n240 Joshua Road\nKennewick, WA 99338\nDear Mr. Winters:\nThis is in response to your September 19, 2005 letter requesting clarification of the\ndesign requirements for Class 7 packages under the Hazardous Materials Regulations\n(HMR; 49 CFR Parts 171-180). Specifically, you ask if §§ 173.410(h) or 173.412(a)\napply to a 0.5-1 inch diameter plugged drain that is recessed flush and located on the\nbottom of a package. You indicate that the drain is used for cleaning the package and\nthat removal of the threaded drain plug requires the use of a tool.\nSection 173.410(h) requires valves through which the package contents could escape to\nbe protected against unauthorized operation. As used in this section, the term valve refers\nto a mechanical device that can be used to start, stop, or regulate product flow. Though a\ndrain plug performs a similar function, it is not a mechanical device and; therefore, not a\nvalve. As a result, the plugged drain that you describe is not subject to § 173.410(h).\nSection 173.412(a) requires the outside package to incorporate a feature, such as a seal,\nthat is not readily breakable, that serves as evidence that the package has not been\nopened. Given the limited accessibility of the plugged drain (bottom of the package) and\nthe need for a tool to remove the drain plug, it is our opinion that the plugged drain that\nyou describe is not subject to this requirement.\nI hope this information is helpful. Please contact us if you require additional assistance.\nSincerely,\nOffice of Hazardous Materials Standards\n173.410 14)\n173.412 (a)\n050227\n\n<<<PAGE 2>>>\n\n09/19/2005\n10: 04 FAX\n509 628\n0972\nRegulatory Resources Inc\n@002/005\nSupko\n$173.410 (h)\nRegulatory\n$173. 412(a)\nResources. ne.\nRAM\nNade@regulatoryresources.net\n\"The Source You Come Back To\"-\n05-0227\nwww.regulatoryresources.ne\nSeptember 19,2005\nOffice of Hazardous Materlals Standards\nMs. Susan Gorsky\nU.S. Department of Transponation\nPlpeline and Hazardous Materials Safety Administration\nPHH-10\nWashington, DC 20590\n40 Seventh Street, SW\nDear Ms. Gorsky,\nRegulatory Resources, Inc. (RRI) is a consulting and training company serving clients subject to the\nProtection Agency (EPA) solid and hazardous waste management regulation. One of our specialty areas\nDepartment of Transportation (DOT) Hazardous Materlals Regulations (HMRs) and the Environmental\ncovers the regulations for the safe transport of radioactive materlals. Various Class 7 packaging questions\nhave been ralsed In recent training classes and I'm seeking PHMSA's clarification on these. I've opted to\nsingle request. This particular request for clarification concerns 49 CFR 173.410(h) and §173.412(a) with\nsubmit each topical question(s) as a separate correspondence rather than placing all the questions in a\nregard to a drain plug.\nThe requirement In 49 CFR 173.41 0(h) states that all valves through which the package contents could\nescape will be protected against unauthorized operation. Some large (e.g., bulk packagings) Industrial\nand Type A packaging design types authorized only for Class 7 radloactive materials solid contents are\nfabricated with a threaded drain hole (0.6 - 1\" diameter) located on the bottom of the packaging, sealed\nclosed with a drain plug. These drains are to aid in future cleaning of the packaging. The drain and plug\nthe packaging where content is added and removed; this is accomplished by removal of the lid (e.g.,\nare recessed to be flush with the outer package surface. The drain feature is not the designed closure of\nremove the drain plug.\nentire top) of the packaging. A tool, different frum that used to close/open the package, is needed to\nA valve is a device used to stop and start, or control flow rate. It is usually equipped with a means to\noperate the value without the use of tools. The IAEA TG-1-1, 1614.1 states:\n\"Locks are probably one of the best methods of preventing unauthorized operation of valves; they can\nvalve. Whilst seals can be used to indicate that the valve has not been used, they cannot be relied\nbe used directly to lock the valve closed or can be used on a lid or cover which prevents access to the\nupon to prevent unauthorized operation.\"\nThe Intent of §173.410(h) is to prevent, without the used of tools, the Inadvertent or ill-intertioned operation\nof the value whereby contents can escape from, the package. Clearly, a drain plug as explained above\nIs not for this purpose, and hence, not a valve as referred to In 173.410(h). Furthermore, the IAEA states in\nTS-G-1.1 paragraph 723 regarding packagings that \"...even thick walled designs may have weak points\nsuch as closures of drain holes, valves, etc.\" It is evident the IAEA recognizes that a drain hole is separate\nand distinct from a valve. For regulatory clarlty, PRI asks PHMSA's for confirmation of this opinion,\n\n<<<PAGE 3>>>\n\n09/19/2005 10:05 FAX\n509 628 0972\nRegulatory Resources Inc\n4003/005\n240 Joshua Road\nRegulatory Resources, Inc.\nVolce: 509-628-1020\nKennewick, WA 99338\nww.regulatoryresources.ne\nFax: 509-628-097\nMs. Susan Gorsky\nSagember 19.2005\nRRIs second question concerns 49 CFR 173.412, Type A Package Requirements, paragraph (a) which\nstates that the outside of the packaging must incorporate a feature, such as a seal, that is not readily\nbreakable, and that, while intact, is evidence that the package has not been opened.\nremoving the top, or lld, of the packaging. The lld Is held in place by a series of bolts with appropriate\nThe filling and removing of content from the packaging design in question Is accomplshed only by\nwashers and nuts or specialized locking clips. The tamper Indicating design feature(s) is/are Incorporated\ninto the lid/closure. The drain and drain plug are located on the bottom of the packaging and can be\naccessed only by mechanically lifting the packaging and then employing a speclal drain plug tool that\nIs different than that required for the packaging closure, Given: (1) the location of this drain plug limits its\naccess to only when the entire packaging is mechanically lifted; (2) the need for a different tool than that\nused to open/close the packaging; (3) the fact that the drain feature is not part of the manufacturer's\nclosure instructions for use of the packaging; and (4) the improbabillty of adding or removing authorized\ndevice requirement as stated In §173.412(a), and hence, not required to be designed with such a feature.\ncontent from this small opening, RRI believes it is not within the scope of the Intended tamper indicating\nRRI seeks PHMSA's concurrence with this opinion.\nThank you for your time in these matters. Please contact me if I can answer any questions.\nFor Regulatory Resources, Inc..\nWade A. Winters, CET, CHMM\nPresident\nWAW/lom","truncated":false,"body_characters":6943}