# HMT Associates, LLC — Hazardous Materials Safety Interpretation

- **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:** Not available
- **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>>>

U.S. Department
of Transportation
Pipeline and Hazardous
Materials Safety
Administration
1200 New Jersey Avenue, SE
Washington, D.C. 20590
FEB 1 2 2014
Mr. E. A. Altemos
HMT Associates, LLC
603 King St., Suite 300
Alexandria, VA 22314-3105
Ref. No. 13-0228
Dear Mr. Altemos:
This responds to your November 22, 2013 letter requesting clarification of the applicability
of the air transport requirements for friction-type closures under the hazardous materials
regulations (HMR; 49 CFR Parts 171-180). Specifically, you seek confirmation that a
"snap-type" cap for a marker pen is not considered a friction-type closure as used in
§ 173.167 ofthe HMR.
In your letter. you describe a marker pen (i.e., a marker) containing small quantities of free
liquid meeting the criteria for a Class 3, packing group II, flammable liquid. The marker is
of such a design that the cap is secured to the barrel of the pen by means of "nubs" in the
cap that securely engage grooves in the barrel. The cap "snaps" securely into place
indicating proper closure. Furthermore, you point out that data show more than twice the
force of an external vacuum subjected to the cap under atmospheric pressure is needed to
remove the cap; and the minimum removal force in every case exceeds the force of the
pressure differential. In addition, vibration tests have demonstrated that the cap remains
secure when subjected to vibrations typically_ encountered during the course of
transportation.
It is your understanding that the closure you describe is not considered a friction-type
closure for purposes of transporting consumer commodities (ID8000) in accordance with
§ 173.167 (as well as Packing Instruction Y963 of the International Civil Aviation
Organization Technical Instructions for the Safe Transportation of Dangerous Goods by
Air) and therefore, is not subject to the requirement for a secondary means of securement
applicable to friction-type closures.

<<<PAGE 2>>>

Your understanding is correct. A "snap-type cap" such as you describe in your letter would
not be considered a friction-type closure for purposes of the§ 173.167 requirements for
consumer commodities transported by air and thus, is not subject to the requirement for a
secondary means of securement under§ 173.167(a).
I hope this information is helpful. If you have further questions, please contact this office.
Sincerely,
Robert Benedict
Chief, Standards Development Branch
Standards and Rulemaking Division

<<<PAGE 3>>>

Der /<,.nde re Y\
HMT ASSOCIATES, L.L.c. 9(73· l(p1
CoV1so mer ~om m ocl'rt,es
603KINGST.
SVITE300
ALEXANDRL-\, VA 22314-3105
13·022B
E.A. ALTEMOS
PATRICIA A. QUINN
703-549-0727
FACSIMILIE: 703-549-0727
WRITERS DIRECT DIAL NUMBER
703-549-0727, ext. 11
November 22, 2013
Mr. Charles Betts
Director, Standards and
Rulemaking (PHH-1 0)
Pipeline and Hazardous Materials
Safety Administration
Department of Transportation
1200 New Jersey Avenue, SE
East Building, 2nd Floor
Washington, D.C. 20590-0001
Dear Mr. Betts,
This is to request confirmation of my understanding of the conclusion drawn at
our recent meeting in which we discussed the closure requirements for certain marker
pens ("Magic Markers") containing small quantities (i.e., not more than 6 mL, depending
on the size of the marker) of free liquid ink meeting the criteria for classification in Class
3, Packing Group II. In particular, we considered whether the "closures" (i.e., the caps)
used on these markers are considered "friction type" closures for purposes of air transport
under §173.167 ofthe DOT Hazardous Materials Regulations (49 CFR Parts 171-180,
"the HMR") and Packing Instruction Y963 of the ICAO Technical Instructions, and thus
would be subject to the requirement that the closure be further secured by "positive
means."
In our discussion it was noted that when applied the cap is secured to the barrel of
the marker by means of "nubs" in the cap which securely engage grooves in the barrel of
the marker. When the cap is applied, it snaps securely into place indicating proper
closure, thereby conforming to the requirement that the closure be designed so that it is
extremely improbable that it can be incorrectly or incompletely closed and such that it
can be easily checked for complete closure. Data from quality assurance reviews were
considered that demonstrate that the average force required to remove the cap - both in
respect to newly manufactured markers and markers that had been stored for an extended
period (i.e., 30 days) at elevated temperature (55• C (130• F))- is.more than twice the

<<<PAGE 4>>>

HMT ASSOCIATES, L. L.C.
Mr. Charles Betts
November 22,2013
Page 2
force developed when the marker is subjected to a complete external vacuum with
atmospheric pressure acting under the cap, and the minimum cap removal force recorded
in every case significantly exceeds the force developed under that pressure differential.
Further it was noted that routine quality assurance vibration tests demonstrate that the cap
remains secure when subjected to vibrations representative of those that may be
encountered in routine transportation.
Based on the foregoing, it is my understanding that it was agreed that the closures
(caps) on these markers need not be viewed as "friction-type" closures for purposes of
transport as consumer commodities (ID8000) pursuant to the provisions of§ 173.167 of
the HMR and Packing Instruction Y963 of the ICAO Technical Instructions, and,
consequently, are not subject to the requirement that the closure be further secured by
positive means. Your confirmation of this understanding will be most appreciated.
Thank you for your consideration of this matter, and please do not hesitate to
contact me if you have questions or require additional information in relation to this
request.
Sincerely,
E. A. Altemos
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