{"operation":"document","citation":"13-0228","title":"HMT Associates, LLC — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2014-02-12","effective_on":null,"summary":"13-0228 response to HMT Associates, LLC concerning 173.167.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-13-0228.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-13-0228.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-13-0228","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2013/130228.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department\nof Transportation\nPipeline and Hazardous\nMaterials Safety\nAdministration\n1200 New Jersey Avenue, SE\nWashington, D.C. 20590\nFEB 1 2 2014\nMr. E. A. Altemos\nHMT Associates, LLC\n603 King St., Suite 300\nAlexandria, VA 22314-3105\nRef. No. 13-0228\nDear Mr. Altemos:\nThis responds to your November 22, 2013 letter requesting clarification of the applicability\nof the air transport requirements for friction-type closures under the hazardous materials\nregulations (HMR; 49 CFR Parts 171-180). Specifically, you seek confirmation that a\n\"snap-type\" cap for a marker pen is not considered a friction-type closure as used in\n§ 173.167 ofthe HMR.\nIn your letter. you describe a marker pen (i.e., a marker) containing small quantities of free\nliquid meeting the criteria for a Class 3, packing group II, flammable liquid. The marker is\nof such a design that the cap is secured to the barrel of the pen by means of \"nubs\" in the\ncap that securely engage grooves in the barrel. The cap \"snaps\" securely into place\nindicating proper closure. Furthermore, you point out that data show more than twice the\nforce of an external vacuum subjected to the cap under atmospheric pressure is needed to\nremove the cap; and the minimum removal force in every case exceeds the force of the\npressure differential. In addition, vibration tests have demonstrated that the cap remains\nsecure when subjected to vibrations typically_ encountered during the course of\ntransportation.\nIt is your understanding that the closure you describe is not considered a friction-type\nclosure for purposes of transporting consumer commodities (ID8000) in accordance with\n§ 173.167 (as well as Packing Instruction Y963 of the International Civil Aviation\nOrganization Technical Instructions for the Safe Transportation of Dangerous Goods by\nAir) and therefore, is not subject to the requirement for a secondary means of securement\napplicable to friction-type closures.\n\n<<<PAGE 2>>>\n\nYour understanding is correct. A \"snap-type cap\" such as you describe in your letter would\nnot be considered a friction-type closure for purposes of the§ 173.167 requirements for\nconsumer commodities transported by air and thus, is not subject to the requirement for a\nsecondary means of securement under§ 173.167(a).\nI hope this information is helpful. If you have further questions, please contact this office.\nSincerely,\nRobert Benedict\nChief, Standards Development Branch\nStandards and Rulemaking Division\n\n<<<PAGE 3>>>\n\nDer /<,.nde re Y\\\nHMT ASSOCIATES, L.L.c. 9(73· l(p1\nCoV1so mer ~om m ocl'rt,es\n603KINGST.\nSVITE300\nALEXANDRL-\\, VA 22314-3105\n13·022B\nE.A. ALTEMOS\nPATRICIA A. QUINN\n703-549-0727\nFACSIMILIE: 703-549-0727\nWRITERS DIRECT DIAL NUMBER\n703-549-0727, ext. 11\nNovember 22, 2013\nMr. Charles Betts\nDirector, Standards and\nRulemaking (PHH-1 0)\nPipeline and Hazardous Materials\nSafety Administration\nDepartment of Transportation\n1200 New Jersey Avenue, SE\nEast Building, 2nd Floor\nWashington, D.C. 20590-0001\nDear Mr. Betts,\nThis is to request confirmation of my understanding of the conclusion drawn at\nour recent meeting in which we discussed the closure requirements for certain marker\npens (\"Magic Markers\") containing small quantities (i.e., not more than 6 mL, depending\non the size of the marker) of free liquid ink meeting the criteria for classification in Class\n3, Packing Group II. In particular, we considered whether the \"closures\" (i.e., the caps)\nused on these markers are considered \"friction type\" closures for purposes of air transport\nunder §173.167 ofthe DOT Hazardous Materials Regulations (49 CFR Parts 171-180,\n\"the HMR\") and Packing Instruction Y963 of the ICAO Technical Instructions, and thus\nwould be subject to the requirement that the closure be further secured by \"positive\nmeans.\"\nIn our discussion it was noted that when applied the cap is secured to the barrel of\nthe marker by means of \"nubs\" in the cap which securely engage grooves in the barrel of\nthe marker. When the cap is applied, it snaps securely into place indicating proper\nclosure, thereby conforming to the requirement that the closure be designed so that it is\nextremely improbable that it can be incorrectly or incompletely closed and such that it\ncan be easily checked for complete closure. Data from quality assurance reviews were\nconsidered that demonstrate that the average force required to remove the cap - both in\nrespect to newly manufactured markers and markers that had been stored for an extended\nperiod (i.e., 30 days) at elevated temperature (55• C (130• F))- is.more than twice the\n\n<<<PAGE 4>>>\n\nHMT ASSOCIATES, L. L.C.\nMr. Charles Betts\nNovember 22,2013\nPage 2\nforce developed when the marker is subjected to a complete external vacuum with\natmospheric pressure acting under the cap, and the minimum cap removal force recorded\nin every case significantly exceeds the force developed under that pressure differential.\nFurther it was noted that routine quality assurance vibration tests demonstrate that the cap\nremains secure when subjected to vibrations representative of those that may be\nencountered in routine transportation.\nBased on the foregoing, it is my understanding that it was agreed that the closures\n(caps) on these markers need not be viewed as \"friction-type\" closures for purposes of\ntransport as consumer commodities (ID8000) pursuant to the provisions of§ 173.167 of\nthe HMR and Packing Instruction Y963 of the ICAO Technical Instructions, and,\nconsequently, are not subject to the requirement that the closure be further secured by\npositive means. Your confirmation of this understanding will be most appreciated.\nThank you for your consideration of this matter, and please do not hesitate to\ncontact me if you have questions or require additional information in relation to this\nrequest.\nSincerely,\nE. A. Altemos","truncated":false,"body_characters":5825}