{"operation":"document","citation":"12-0113","title":"Steris — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2012-08-07","effective_on":null,"summary":"12-0113 response to Steris concerning 173.167, 173.27.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-12-0113.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-12-0113.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-12-0113","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretations/2012/1200113.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department\nof Transportation\nPipeline and Hazardous\nMaterials Safety\nAdministration\n1200 New Jersey Avenue SE\nWashington. DC 20590\nAUS 0 7 2012\nKevin Corson\nGlobal, DOT Hazardous Materials Compliance Manager\nSteris\n5960 Heisley Road\nMentor, OH 44060\nReference No.: 12-0113\nDear Mr. Corson:\nThis responds to your May 11, 2012letter requesting clarification of the Hazardous\nMaterials Regulations (HMR; 49 CFR Parts 171-180) applicable to the closure\nrequirements for limited quantity air shipments. You state that in the 2011-2012\nInternational Civil Aviation Organization (ICAO) Technical Instructions (TI), packing\ninstruction Y963 describes the closure instructions for ID8000 consumer commodities in\nparagraph (d) as, \"Stoppers, corks, or other friction type closures.\" You note that in a\nNotice of Proposed Rulemaking (NPRM) published in the Federal Register on\nMay 14, 2010 [75 FR 27273] entitled \"Hazardous Materials: Packages Intended for\nTransport by Air\" under Docket Number PHMSA-2007-29364 (HM-231A), the Pipeline\nand Hazardous Materials Administration (PHMSA) proposed to amend § 173 .27( d) to\nrequire that all friction and screw type closures be secured by secondary means. In the\nHM-231A Final Rule published on April16, 2012 [77 FR 22504], PHMSA adopted\nregulatory language in § 173.27( d) which states \"Inner packaging or receptacle closures of\ncombination packages containing liquids must be held securely, tightly, and effectively in\nplace by secondary means.\" You add that§ 173.167 implies that consumer commodities\nwith friction type closures must be secured by secondary means when shipped by air. You\nask if it is the intention of PHMSA to require consumer commodities containing liquids\nwith screw type closures to have secondary means of closure when shipped by air.\nAdditionally, you ask if it is PHMSA's intention to define screw type closures as a friction\ntype closure, which will clarify the closure requirements written in Y963 and§ 173.167.\nThe answer to both questions is no. For packages other than those shipped as consumer\ncommodities under§ 173.167, PHMSA amended the HMR to require closures of inner\npackagings containing liquids within a combination packaging intended for transportation\nby aircraft to be secured by a secondary means or, where a secondary closure cannot be\napplied or it is impracticable to apply, permit the use of a leakproof liner. These\namendments are consistent with the 2011-2012 editions of the ICAO Tl. In an NPRM\npublished in the Federal Register on May 25,2012 [77 FR 32174] entitled \"Hazardous\nMaterials: Harmonization With the United Nations Recommendations on the Transport of\n\n<<<PAGE 2>>>\n\nDangerous Goods Model Regulations, International Maritime Dangerous Goods Code, and\nthe International Civil Aviation Organization Technical Instructions for the Safe Transport\nof Dangerous Goods by Air,\" under Docket Number PHMSA-2009-0126 (HM-215K),\nPHMSA proposed language in§ 173.167(a)(2) to clarify that only friction type closures\nmust be closed by secondary means.\nI hope this satisfies your inquiry. Please contact us if we can be of further assistance.\nSincerely,\n~A// ~-7---------·\nt:?Y:~/}1_/ ~~\nT. Glenn Foster\nChief, Regulatory Review and Reinvention Branch\nStandards and Rulemaking Division\n\n<<<PAGE 3>>>\n\nST E Rl S®\nMay 11,2012\nMr. Charles Betts\nDirector, Standards and Rulemaking\nPipeline and Hazardous Materials Safety Administration\nU.S. Department of Transportation -PHH-10\nnd\n1200 New Jersey Ave., SE -East Bldg, 2 Washington, DC 20590\nFloor\nAnJraus\n\"Z; 118. :2.1 (_dJ\nfa/13· lh 7\ntHrorafr\ntz .. 0/13\nRe: Defining closure requirements for limited quantity air shipments\nDear Mr. Betts:\nThe 2011-2012 ICAO Tl, packing instruction Y963 describes a closure for ID8000 Consumer commodity in\nparagraph d) as, \"Stoppers, corks, or other such friction-type closures\". In the April 16, 2012, Federal\nRegister, PHMSA published the final rule, HM-231A, where in section II Background, subsection B,\nSummary of Proposals in NPRM, the 2nd sentence reads, \"We proposed to amend 173.27(d) by\nrequiring that all friction and screw type closures must be secured by a secondary means.\" On May 16,\n2012, the newly written regulation will publish in 49CFR 173.27(d)to read, \"Inner packaging or\nreceptacle closures of combination packages containing liquids must be held securely, tightly and\neffectively in place by secondary means.\"\nAdditional reading on the subject of closures is found in 173.167, where Consumer commodities with\n\"Friction-type closures must be secured by secondary means.\"\nI find clarity in the writing of the new 173.27 and believe that all fully regulated liquid shipments in air\ntransport must have secondary closures. Is it then the intention of PHMSA to require Consumer\ncommodities containing liquids with screw type closures to have a secondary means of closure? As well,\nis it PHMSA's intention to define screw type closures as a friction type closure, which will clarify the\nclosure requirements written of in Y963 and 173.167?\nRegards,\nKevin Corson\nGlobal, DOT Hazardous Materials Compliance Manager\nSTERIS Corporation • 5960 Heisley Road • Mentor OH 44060 • USA· 800.548.4873 • www.steris.com","truncated":false,"body_characters":5206}