{"operation":"document","citation":"11-0165","title":"Thermofisher — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2011-10-18","effective_on":null,"summary":"11-0165 response to Thermofisher concerning 173.27, 173.4a.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-11-0165.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-11-0165.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-11-0165","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretations/2011/110165.pdf","body":"<<>>\n\nU.S. Department\nof Transportation\nPipeline and Hazardous\nMaterials Safety\nAdministration\n1200 New Jersey Ave., S.E.\nWashinglon. DC 20590\nOCT 182011\nMs. Melissa Russell\nThermofisher\n4481 Campus Drive\nKalamazoo, MI 49008\nReference No. 11-0165\nDear Ms. Russell:\nThis is in response to your e-mail requesting clarification of the Hazardous Materials\nRegulations (HMR; 49 CFR Parts 171-180) applicable to the term \"positive means of\nclosure.\" Specifically, you ask what is the additional \"positive means\" of closure\nrequirement to the tape, wire and shrink-wrap as specified in the HMR (e.g., §§ 173.4a( e )(2)\nand 173.27( d» for a cap that has a tamper-evident seal (\"non-backoff' cap). You state that\nthe tamper-evident cap has a break-away ring such as the cap on a 20-ounce bottle of soda or\non a gallon of milk. You also state that the non-backoff cap locks the closure to a container\nto avoid unwanted loosening.\nIn addition to tape, wire and shrink-wrap, the HMR does not specify other methods of a\npositive means of closure. However, it is the opinion of this Office that the tamper-evident\ncap you reference does not meet the HMR positive means of closure requirement. To ensure\nthat the closures are held securely in place during transportation, you may wish to contact\nthe packaging manufacturer for additional methods to those given as examples in the HMR.\nI hope this information is helpful. Please contact this office should you have additional\nquestions.\nT. Glenn Foster\nChief, Regulatory Review and Reinvention\nStandards and Rulemaking Division\n\n<<>>\n\nDrakeford, Carolyn (PHMSA)\nFrom: INFOCNTR (PHMSA) 11- 01 bS'\nSent: Friday, July 15, 2011 1:40 PM\nTo: Drakeford, Carolyn (PHMSA)\nSubject: FW: Hazmat Information Center Feedback: Shippers-General Requirements for Shipments\nand Packagings (Sections 173.1 – 173.476)\nHi Carolyn,\nThis caller requested her e-mail be submitted as a letter of interpretation after speaking\nwith me in the HMIC and being referred to interp letters 84-8811 and 89-8299,\nThanks,\nVictoria\nVictoria Lehman\nHazmat Information Center (HMIC)\nhttp://phmsa.dot.gov/hazmat/info-center\n(282) 366-1835\n-----Original Message----From:\nPHMSA-Feedback [mailto:PHMSA-Feedback]\nsent: Thursday, July 14, 2811 4:84 PM\nTo: PHMSA HM InfoCenter; PHMSA Webmaster\nSubject: Hazmat Information Center Feedback: Shippers-General Requirements for Shipments and\nPackagings (Sections 173.1 &ndashj 173.476)\nGood afternoon Mr. Charles E. Betts,\nWe are trying to make a determination in regards to 'postive means of closure', I understand\nthat all closures (mine specifically is a screw-type/threaded) need to be secured is such a\nway to prevent loosening due to vibration or change in temperature. This can be done w/ tape,\nwire, shrink wrap, etc.\nWhat is the additional 'positive closure' requirement for a cap that has a tamper evident\nseal or a cap that is classified as 'non-backoff'. The tamper evident cap has a break-away\nring like the cap on a 280z bottle of soda or on a gallon of milk. The non-backoff cap locks\nthe closure to a container to avoid unwanted loosening.\nPlease let me know. Thanks in advancel!\nName: Melissa Russell\nEmail: melissa.russell@thermofisher.com\nPhone: 269-544-5632\n1","truncated":false,"body_characters":3235}