{"operation":"document","citation":"11-0165R","title":"Thermofisher — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2017-12-21","effective_on":null,"summary":"11-0165R response to Thermofisher concerning 173.27, 173.4.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-11-0165r-5049ebd33a.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-11-0165r-5049ebd33a.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-11-0165r-5049ebd33a","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/docs/standards-rulemaking/hazmat/56721/110165r.pdf","body":"<<>>\n\nThermofisher\n4481 Campus Drive\nKalamazoo, MI 49008\nReference No. 11-0165R\nDear Ms. Russell:\nThis is a revised response to your July 14, 2011 email requesting clarification of the Hazardous\nMaterials Regulations (HMR; 49 CFR Parts 171-180) applicable to the term \"positive means of\nclosure.\" Specifically, in your email you asked what is the additional \"positive means\" of\nclosure requirement to the tape, wire, and shrink-wrap prescribed as examples in the HMR\n(e.g., §8 173.4a(e)(2) and 173.27(d)) for a cap that has a tamper-evident seal (\"non-backoff\"\ncap). You stated that the tamper-evident cap has a break-away ring such as the cap on a 20-\nounce bottle of soda or on a gallon of milk. You also stated that the non-backoff cap locks the\nclosure to a container to avoid unwanted loosening.\nThe HMR provides a non-exhaustive list of methods of applying a positive means of closure.\nUpon further review, we agree that the break-away ring closure securement described in your\nJuly 14, 2011 email could satisfy the additional or secondary positive means of closure\nrequirements. Thus, we are rescinding and replacing our October 18, 2011 interpretation\n(11-0165) and apologize for any inconvenience this may have caused.\nI hope this information is helpful. Please contact us if you have any further questions.\nSincerely,\nShane Kelley\nActing Director,\nStandards and Rulemaking Division\n\n<<>>\n\nFigure 2A\nWould this be considered \"positive menas of closure\"?\nI have a FAA inspector that has indicated that more is required and used PHMSA Letter of Interpretation No.\n11-0165 as reference.\nYour assistance would be greatly appreciated.\nKind Regards,\nJay Johnson, DGSA | Regulatory Compliance Manager\nSAFPAK®\nInmark$i\nAN Inmark COMPANY\nEXAKT-PAK®\nDO SUPPLIES\nAN EEN COMPANY\nAN INMARK BRAND\n675 Hartman Road, Suite 100 Austell GA 30168\n0 770-373-3300 | d 770-373-3356 | m770-377-0205 | f 770-373-3357 | e jayi@inmarkpackaging.com\nFollow us at:\n\n<<>>\n\nVictoria\nVictoria Lehman\nHazmat Information Center (HMIC)\nhttp://phmsa.dot.gov/hazmat/info-center\n(202) 366-1035\n-----Original Message-----\nFrom: PHMSA-Feedback [mailto: PHMSA-Feedback]\nSent: Thursday, July 14, 2011 4:04 PM\nTo: PHMSA HM InfoCenter; PHMSA Webmaster\nSubject: Hazmat Information Center Feedback: Shippers-General Requirements for Shipments\nPackagings (Sections 173.1 – 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\nor 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 20oz bottle of soda or on a gallon of milk. The non-backoff cap locks\nPlease let me know. Thanks in advance!!\nName: Melissa Russell\nEmail: melissa.russell@thermofisher.com\nPhone: 269-544-5632\n-\n\n<<>>\n\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.\nSincerely,\nTAlian Tista\nT. Glenn Foster\nChief, Regulatory Review and Reinvention\nStandards and Rulemaking Division","truncated":false,"body_characters":4536}