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Interpretation Response #04-0011 ([Ten-E Packaging Services, Inc.] [Mr. Robert J. Ten Eyck])

Below is the interpretation response detail and a list of regulations sections applicable to this response.

Interpretation Response Details

Response Publish Date:

Company Name: Ten-E Packaging Services, Inc.

Individual Name: Mr. Robert J. Ten Eyck

Location State: MN Country: US

View the Interpretation Document

Response text:

May 12, 2004

 

Mr. Robert J. Ten Eyck                 Reference No. 04-0011
Director
Technical Services
Ten-E Packaging Services, Inc.
1666 County Road 74
Newport, MN 55055

Dear Mr. Ten Eyck:

This responds to your letter dated December 24, 2003, that requests clarification of the package cloture requirements under the Hazardous Materials Regulations (HMRI- 49 CFR Parts 171-180).  Specifically, you ask whether a particular closure system design meets the intent of “positive closure” under § 173.27(d) of the HMR and Part 4; Paragraph 1.1.4 of the International Civil Aviation Organization's Technical Instructions for the Safe Transport of Dangerous Goods by Air (ICAO Technical Instructions).

The design you submitted for review consists of six 400 mL plastic bottles with friction-type closures (snap caps).  The bottles are placed in a fiberboard box and the closure is secured by using a corrugated pad and spacer placed between the snap caps and the major and minor box closure flaps.

Under § 173.27(d) of the HMR and Part 4; Paragraph 1.1.4 of the ICAO Technical Instructions, friction-type closures (e.g., stoppers, corks, caps) must have some form of  “positive” means to ensure they are held securely in place.  Acceptable methods of supplemental securement include using tape, wire, shrink wrap, or other similar positive means.  Downward pressure alone exerted upon a friction-type closure does not satisfy this requirement and, therefore, would not be an acceptable means of positive closure under the HMR or the ICAO Technical Instructions.

I hope this satisfies your inquiry.  Please contact us if we can be of further assistance.

Sincerely,

 

Hattie L. Mitchell
Chief, Regulatory Review and Reinvention
Office of Hazardous Materials Standards

173.27(d)

Regulation Sections