{"operation":"document","citation":"15-0140","title":"Inmark Packaging — 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":"15-0140 response to Inmark Packaging concerning 173.27, 173.4.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-15-0140.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-15-0140.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-15-0140","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/docs/standards-rulemaking/hazmat/interpretations/56731/150140.pdf","body":"<<<PAGE 1>>>\n\nRegulatory Compliance Manager\nInmark Packaging\n675 Hartman Road, Suite 100\nAustell, GA 30168\nReference No. 15-0140\nDear Mr. Johnson:\nThis letter is in response to your June 18, 2015 email requesting clarification of the Hazardous\nMaterials Regulations (HMR; 49 CFR Parts 171-180) applicable to the term \"positive means of\nclosure.\" Specifically, you describe two scenarios and ask if the additional or secondary\n\"positive means\" of closure requirements are met as prescribed in §§ 173.4a(e)(2) and 173.27(d).\nYour scenarios are paraphrased and responded to as follows:\nScenario 1: For a cap that uses ratchet-type back-off protection to keep the closure\npermanently attached to the container, are the additional or secondary \"positive means\"\nof closure requirements prescribed in §§ 173.4a(e)(2) and 173.27(d) met?\nScenario 2: Your letter cites a previous letter of clarification we issued on this topic\n(Reference No. 11-0165) and challenges its conclusion that the break-away ring design\ndepicted did not provide a secondary positive means of closure as required by\n§§ 173.4a(e)(2) and 173.27(d).\nThe acceptable methods of additional or secondary positive means of closure provided within the\nHMR are examples, and are not an exhaustive list. We agree that the ratchet-type back-off\nprotection described in your letter satisfies the positive means of closure requirements of the\nHMR. Upon further review, we agree that the break-away ring closure securement depicted in\nthe interpretation issued by this Office on October 18, 2011 (Ref. No. 11-0165) satisfies the\nadditional or secondary positive means of closure requirements of the HMR. We are thereby\nrescinding and replacing Interpretation 11-0165 issued on this topic and will notify its recipient\nas quickly as possible.\nI hope this information is helpful. Please contact us if we can be of further assistance.\nSincerely,\nshe c. ly\nShane Kelley\nActing Director,\nStandards and Rulemaking Division\n\n<<<PAGE 2>>>\n\nFrom: DerKinderen, Dirk (PHMSA)\nSent: Thursday, July 02, 2015 10:28 AM\nTo: Foster, Glenn (PHMSA)\nCc: Betts, Charles (PHMSA); Stevens, Michael (PHMSA)\nSubject: RE: Positive means of closure.\nGlenn,\nMike and I have already done work on this so it won't be a heavy lift to create an interp request (assigned to Mike of\ncourse) and get a response out to Mr. Johnson. The bigger hurdle will be whether we want to retract an older letter (11-\n0165) that Mr. Johnson references with regard to his request. I'Il leave to Mike to explain as he is our air packaging\nexpert with respect to 173.27 but I will gladly also provide input.\nSincerely.\nDirk Der Kinderen\nFrom: Betts, Charles (PHMSA)\nSent: Wednesday, July 01, 2015 4:49 PM\nTo: Foster, Glenn (PHMSA)\nCc: Supko, Ben (PHMSA); Nicklous, Joseph (PHMSA); Freeman, Cheryl (PHMSA); DerKinderen, Dirk (PHMSA); Moore,\nBenjamin (PHMSA)\nSubject: RE: Positive means of closure.\nImportance: High\nGlenn -\nPlease work with PHH-20 (Ben Moore) to draft of response to Jay Johnson's question regarding \"positive means of\nclosure\". If you have not already done so, please treat this as a new request for interpretation.\nThanks,\nCharles\nFrom: Nicklous, Joseph (PHMSA)\nSent: Wednesday, July 01, 2015 2:50 PM\nTo: Freeman, Cheryl (PHMSA); DerKinderen, Dirk (PHMSA); Moore, Benjamin (PHMSA)\nCc: Supko, Ben (PHMSA); Betts, Charles (PHMSA)\nSubject: RE: Positive means of closure.\nJay Johnson is asking about this. Is a formal letter being prepared?\nJoseph J Nicklous\nChief, Sciences Branch\n1\n\n<<<PAGE 3>>>\n\nFrom: Betts, Charles (PHMSA)\nSent: Tuesday, June 23, 2015 9:45 AM\nTo: Freeman, Cheryl (PHMSA)\nCc: Nicklous, Joseph (PHMSA); Moore, Benjamin (PHMSA); Supko, Ben (PHMSA); DerKinderen, Dirk (PHMSA)\nSubject: RE: Positive means of closure.\nGood morning Cheryl -\nPlease work with Dirk.\nThanks,\nCharles\nFrom: Freeman, Cheryl (PHMSA)\nSent: Tuesday, June 23, 2015 9:44 AM\nTo: Betts, Charles (PHMSA)\nCc: Nicklous, Joseph (PHMSA); Moore, Benjamin (PHMSA); Supko, Ben (PHMSA)\nSubject: FW: Positive means of closure.\nHi Charles,\nBen Moore has looked at the information below and has a recommendation on this. Who in your shop should he work\nwith to coordinate a respond to Mr. Johnson?\nSince Mr. Johnson is referring to a letter of interp and an FAA compliance issue, I do not believe Ben should just respond\nto him in an informal e-mail.\nCheryl\nCheryl West Freeman, P.E.\nChief, Engineering Branch\nEngineering and Research Division\nOffice of Hazardous Materials Safety\nPipeline and Hazardous Materials Safety Administration\nU.S. Department of Transportation\n1200 New Jersey Avenue, SE\nWashington, DC 20590\n(202)366-4545\nCheryl.freeman@dot.gov\nPHMSA is hiring! Subscribe to receive new job alerts by email\n\n<<<PAGE 4>>>\n\nFrom: Supko, Ben (PHMSA)\nSent: Friday, June 19, 2015 9:34 AM\nTo: Nicklous, Joseph (PHMSA)\nCc: Betts, Charles (PHMSA); Falat, Lad (PHMSA)\nSubject: FW: Positive means of closure.\nJoe,\nPlease have your non-bulk guys take a look and respond to Jay.\nThe letter cited in Jay's request is found at the following URL:\nhttp://www.phmsa.dot.gov/staticfiles/PHMSA/Interpretations/2011/110165.pdf\nAn example of a recent letter is available at the following URL:\nhttp://www.phmsa.dot.gov/pv_obj cache/pv obj id 3CEB23861D08AD53DF2DF441E9D8E311195C0200/filename/140\n225.pdf\nAlso, please touch base with Charles and his staff on the response.\nThank you,\nBen\nFrom: Jay Johnson [mailto:jayj@inmarkinc.com]\nSent: Thursday, June 18, 2015 4:34 PM\nTo: Supko, Ben (PHMSA)\nSubject: Positive means of closure.\nHello Ben,\nWe have a trigger sprayer with matching ratchets to keep the closure permanently attached to the container.\n3\n\n<<<PAGE 5>>>\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\nSAF\\ PAK*\nInmark i\nAN [InmarkS COMPANY\nEXAKT-PAK®\nDO SUPPLIES\nAN IRmarKA COMPANY\nAN INMARK BRAND\n675 Hartman Road, Suite 100 Austell GA 30168\n• 770-373-3300 | d 770-373-3356 | m770-377-0205 | 770-373-3357 | e jayi@inmarkpackaging.com\nFollow us at:\nE in\nVisit our website or InmarkPackaging.com to learn more about our products and services.\nPlease consider the environment before printing this e-mail.\nConfidentiality Notice:\nThis communication constitutes an electronic communication within the meaning of the Electronic Communications Privacy Act, 18 U.S.C. Section 2510,\nand its disclosure is strictly limited to the recipient intended by the sender of this message. This transmission, and any attachments, may contain\nattached to this transmission is STRICTLY PROHIBITED. Please contact us immediately by return e-mail or at +1-770-373-3300 and destroy the original\nconfidential information. If you are not the intended recipient, any disclosure, copying, distribution or use of any of the information contained in or\ntransmission and its attachments without reading or saving in any manner.\n4\n\n<<<PAGE 6>>>\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., S§ 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,\nAlman Fuse\nT. Glenn Foster\nChief, Regulatory Review and Reinvention\nStandards and Rulemaking Division\n\n<<<PAGE 7>>>\n\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 04-0011 and 09-0299.\nThanks,\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 and\nPackagings (Sections 173.1 &ndash; 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 20oz 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 advance!!\nName: Melissa Russell\nEmail: melissa.russell@thermofisher.com\nPhone: 269-544-5632","truncated":false,"body_characters":9851}