Interpretation Response #05-0227

Interpretation Response Details

Oct 28, 2005

Mr. Wade A. Winters                         Reference No. 05-0227
President
Regulatory Resources, Inc.
240 Joshua Road
Kennewick, WA 99338

Dear Mr. Winters:

This is in response to your September 19, 2005 letter requesting clarification of the design requirements for Class 7 packages under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). Specifically, you ask if § 173.410(h) or 173.412(a) apply to a 0.5-1 inch diameter plugged drain that is recessed flush and located on the bottom of a package. You indicate that the drain is used for cleaning the package and that removal of the threaded drain plug requires the use of a tool.

Section 173.410(h) requires valves through which the package contents could escape to be protected against unauthorized operation. As used in this section, the term valve refers to a mechanical device that can be used to start, stop, or regulate product flow. Though a drain plug performs a similar function, it is not a mechanical device and; therefore, not a valve. As a result, the plugged drain that you describe is not subject to § 173.410(h).

Section 173.412(a) requires the outside package to incorporate a feature, such as a seal, that is not readily breakable, that serves as evidence that the package has not been opened. Given the limited accessibility of the plugged drain (bottom of the package) and the need for a tool to remove the drain plug, it is our opinion that the plugged drain that you describe is not subject to this requirement.

I hope this information is helpful. Please contact us if you require additional assistance.

Sincerely,

John A. Gale
Chief, Standards Development
Office of Hazardous Materials Standards

173.410(h), 173.412(a)

Regulation Sections