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Interpretation Response #11-0165R

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

Interpretation Response Details

Response Publish Date:

Company Name: Thermofisher

Individual Name: Ms. Melissa Russell

Location State: MI Country: US

View the Interpretation Document

Response text:

 
 
November 14, 2017
 
 
 
Ms. Melissa Russell
Thermofisher
4481 Campus Drive
Kalamazoo, MI 49008
 
Reference No. 11-0165R
 
Dear Ms. Russell:
 
This is a revised response to your July 14, 2011 email requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to the term “positive means of closure.”  Specifically, in your email you asked what is the additional “positive means” of closure requirement to the tape, wire, and shrink-wrap prescribed as examples in the HMR (e.g., §§ 173.4a(e)(2) and 173.27(d)) for a cap that has a tamper-evident seal (“non-backoff” cap).  You stated 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 stated that the non-backoff cap locks the closure to a container to avoid unwanted loosening.
 
The HMR provides a non-exhaustive list of methods of applying a positive means of closure.  Upon further review, we agree that the break-away ring closure securement described in your July 14, 2011 email could satisfy the additional or secondary positive means of closure requirements.  Thus, we are rescinding and replacing our October 18, 2011 interpretation (11-0165) and apologize for any inconvenience this may have caused.
 
I hope this information is helpful.  Please contact us if you have any further questions.
 
Sincerely,
 
 
 
T. Glenn Foster
Chief, Regulatory Review and Reinvention
Standards and Rulemaking Division
 
173.4a(e)(2), 173.27(d)

Regulation Sections

Section Subject
173.27 General requirements for transportation by aircraft
173.4 Small quantities for highway and rail