Inmark Packaging — Hazardous Materials Safety Interpretation

Page 1Regulatory Compliance Manager Inmark Packaging 675 Hartman Road, Suite 100 Austell, GA 30168 Reference No. 15-0140 Dear Mr. Johnson: This letter is in response to your June 18, 2015 email requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to the term "positive means of closure." Specifically, you describe two scenarios and ask if the additional or secondary "positive means" of closure requirements are met as prescribed in §§ 173.4a(e)(2) and 173.27(d). Your scenarios are paraphrased and responded to as follows: Scenario 1: For a cap that uses ratchet-type back-off protection to keep the closure permanently attached to the container, are the additional or secondary "positive means" of closure requirements prescribed in §§ 173.4a(e)(2) and 173.27(d) met? Scenario 2: Your letter cites a previous letter of clarification we issued on this topic (Reference No. 11-0165) and challenges its conclusion that the break-away ring design depicted did not provide a secondary positive means of closure as required by §§ 173.4a(e)(2) and 173.27(d). The acceptable methods of additional or secondary positive means of closure provided within the HMR are examples, and are not an exhaustive list. We agree that the ratchet-type back-off protection described in your letter satisfies the positive means of closure requirements of the HMR. Upon further review, we agree that the break-away ring closure securement depicted in the interpretation issued by this Office on October 18, 2011 (Ref. No. 11-0165) satisfies the additional or secondary positive means of closure requirements of the HMR. We are thereby rescinding and replacing Interpretation 11-0165 issued on this topic and will notify its recipient as quickly as possible. I hope this information is helpful. Please contact us if we can be of further assistance. Sincerely, she c. ly Shane Kelley Acting Director, Standards and Rulemaking Division#

Page 2From: DerKinderen, Dirk (PHMSA) Sent: Thursday, July 02, 2015 10:28 AM To: Foster, Glenn (PHMSA) Cc: Betts, Charles (PHMSA); Stevens, Michael (PHMSA) Subject: RE: Positive means of closure. Glenn, Mike 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 course) and get a response out to Mr. Johnson. The bigger hurdle will be whether we want to retract an older letter (11- 0165) that Mr. Johnson references with regard to his request. I'Il leave to Mike to explain as he is our air packaging expert with respect to 173.27 but I will gladly also provide input. Sincerely. Dirk Der Kinderen From: Betts, Charles (PHMSA) Sent: Wednesday, July 01, 2015 4:49 PM To: Foster, Glenn (PHMSA) Cc: Supko, Ben (PHMSA); Nicklous, Joseph (PHMSA); Freeman, Cheryl (PHMSA); DerKinderen, Dirk (PHMSA); Moore, Benjamin (PHMSA) Subject: RE: Positive means of closure. Importance: High Glenn - Please work with PHH-20 (Ben Moore) to draft of response to Jay Johnson's question regarding "positive means of closure". If you have not already done so, please treat this as a new request for interpretation. Thanks, Charles From: Nicklous, Joseph (PHMSA) Sent: Wednesday, July 01, 2015 2:50 PM To: Freeman, Cheryl (PHMSA); DerKinderen, Dirk (PHMSA); Moore, Benjamin (PHMSA) Cc: Supko, Ben (PHMSA); Betts, Charles (PHMSA) Subject: RE: Positive means of closure. Jay Johnson is asking about this. Is a formal letter being prepared? Joseph J Nicklous Chief, Sciences Branch 1#

Page 3From: Betts, Charles (PHMSA) Sent: Tuesday, June 23, 2015 9:45 AM To: Freeman, Cheryl (PHMSA) Cc: Nicklous, Joseph (PHMSA); Moore, Benjamin (PHMSA); Supko, Ben (PHMSA); DerKinderen, Dirk (PHMSA) Subject: RE: Positive means of closure. Good morning Cheryl - Please work with Dirk. Thanks, Charles From: Freeman, Cheryl (PHMSA) Sent: Tuesday, June 23, 2015 9:44 AM To: Betts, Charles (PHMSA) Cc: Nicklous, Joseph (PHMSA); Moore, Benjamin (PHMSA); Supko, Ben (PHMSA) Subject: FW: Positive means of closure. Hi Charles, Ben Moore has looked at the information below and has a recommendation on this. Who in your shop should he work with to coordinate a respond to Mr. Johnson? Since Mr. Johnson is referring to a letter of interp and an FAA compliance issue, I do not believe Ben should just respond to him in an informal e-mail. Cheryl Cheryl West Freeman, P.E. Chief, Engineering Branch Engineering and Research Division Office of Hazardous Materials Safety Pipeline and Hazardous Materials Safety Administration U.S. Department of Transportation 1200 New Jersey Avenue, SE Washington, DC 20590 (202)366-4545 Cheryl.freeman@dot.gov PHMSA is hiring! Subscribe to receive new job alerts by email#

Page 4From: Supko, Ben (PHMSA) Sent: Friday, June 19, 2015 9:34 AM To: Nicklous, Joseph (PHMSA) Cc: Betts, Charles (PHMSA); Falat, Lad (PHMSA) Subject: FW: Positive means of closure. Joe, Please have your non-bulk guys take a look and respond to Jay. The letter cited in Jay's request is found at the following URL: http://www.phmsa.dot.gov/staticfiles/PHMSA/Interpretations/2011/110165.pdf An example of a recent letter is available at the following URL: http://www.phmsa.dot.gov/pv_obj cache/pv obj id 3CEB23861D08AD53DF2DF441E9D8E311195C0200/filename/140 225.pdf Also, please touch base with Charles and his staff on the response. Thank you, Ben From: Jay Johnson [mailto:jayj@inmarkinc.com] Sent: Thursday, June 18, 2015 4:34 PM To: Supko, Ben (PHMSA) Subject: Positive means of closure. Hello Ben, We have a trigger sprayer with matching ratchets to keep the closure permanently attached to the container. 3#

Page 5Figure 2A Would this be considered "positive menas of closure"? I have a FAA inspector that has indicated that more is required and used PHMSA Letter of Interpretation No. 11-0165 as reference. Your assistance would be greatly appreciated. Kind Regards, Jay Johnson, DGSA | Regulatory Compliance Manager SAF\ PAK* Inmark i AN [InmarkS COMPANY EXAKT-PAK® DO SUPPLIES AN IRmarKA COMPANY AN INMARK BRAND 675 Hartman Road, Suite 100 Austell GA 30168 • 770-373-3300 | d 770-373-3356 | m770-377-0205 | 770-373-3357 | e jayi@inmarkpackaging.com Follow us at: E in Visit our website or InmarkPackaging.com to learn more about our products and services. Please consider the environment before printing this e-mail. Confidentiality Notice: This communication constitutes an electronic communication within the meaning of the Electronic Communications Privacy Act, 18 U.S.C. Section 2510, and its disclosure is strictly limited to the recipient intended by the sender of this message. This transmission, and any attachments, may contain attached to this transmission is STRICTLY PROHIBITED. Please contact us immediately by return e-mail or at +1-770-373-3300 and destroy the original confidential information. If you are not the intended recipient, any disclosure, copying, distribution or use of any of the information contained in or transmission and its attachments without reading or saving in any manner. 4#

Page 6Thermofisher 4481 Campus Drive Kalamazoo, MI 49008 Reference No. 11-0165 Dear Ms. Russell: This is in response to your e-mail requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to the term "positive means of closure." Specifically, you ask what is the additional "positive means" of closure requirement to the tape, wire and shrink-wrap as specified in the HMR (e.g., S§ 173.4a(e)(2) and 173.27(d))) for a cap that has a tamper-evident seal ("non-backoff" cap). You state that the tamper-evident cap has a break-away ring such as the cap on a 20-ounce bottle of soda or on a gallon of milk. You also state that the non-backoff cap locks the closure to a container to avoid unwanted loosening. In addition to tape, wire and shrink-wrap, the HMR does not specify other methods of a positive means of closure. However, it is the opinion of this Office that the tamper-evident cap you reference does not meet the HMR positive means of closure requirement. To ensure that the closures are held securely in place during transportation, you may wish to contact the packaging manufacturer for additional methods to those given as examples in the HMR. I hope this information is helpful. Please contact this office should you have additional questions. Sincerely, Alman Fuse T. Glenn Foster Chief, Regulatory Review and Reinvention Standards and Rulemaking Division#

Page 7This caller requested her e-mail be submitted as a letter of interpretation after speaking with me in the HMIC and being referred to interp letters 04-0011 and 09-0299. Thanks, Victoria Victoria Lehman Hazmat Information Center (HMIC) http://phmsa.dot.gov/hazmat/info-center (202) 366-1035 -----Original Message----- From: PHMSA-Feedback [mailto: PHMSA-Feedback] Sent: Thursday, July 14, 2011 4:04 PM To: PHMSA HM InfoCenter; PHMSA Webmaster Subject: Hazmat Information Center Feedback: Shippers-General Requirements for Shipments and Packagings (Sections 173.1 – 173.476) Good afternoon Mr. Charles E. Betts, We are trying to make a determination in regards to 'postive means of closure'. I understand that all closures (mine specifically is a screw-type/threaded) need to be secured is such a way to prevent loosening due to vibration or change in temperature. This can be done w/ tape, wire, shrink wrap, etc. What is the additional 'positive closure' requirement for a cap that has a tamper evident seal or a cap that is classified as 'non-backoff'. The tamper evident cap has a break-away ring like the cap on a 20oz bottle of soda or on a gallon of milk. The non-backoff cap locks the closure to a container to avoid unwanted loosening. Please let me know. Thanks in advance!! Name: Melissa Russell Email: melissa.russell@thermofisher.com Phone: 269-544-5632#