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)