{"operation":"document","citation":"PHMSA Guidance, PHMSA Notice of Enforcement Discretion Regarding Packaging Tape","title":"PHMSA Notice of Enforcement Discretion Regarding Packaging Tape","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2022-05-02","effective_on":"2022-05-02","summary":"PHMSA Notice of Enforcement Discretion Regarding Packaging Tape Document PHMSA Notice of Enforcement Discretion Regarding Packaging Tape.pdf (78.94 KB) The U.S. Department of Transportation’s Pipeline and Hazardous Materials Safety Administration is providing notice that it will exercise regulatory enforcement discretion for any person who affixes tape of a different type than what was originally tested for a packagi","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-guidance-phmsa-notice-enforcement-discretion-regarding-packaging-64a35360.json","markdown":"https://regulus.evalyn.ai/document/phmsa-guidance-phmsa-notice-enforcement-discretion-regarding-packaging-64a35360.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-guidance-phmsa-notice-enforcement-discretion-regarding-packaging-64a35360","source_url":"https://www.phmsa.dot.gov/standards-rulemaking/hazmat/rulemakings/phmsa-notice-enforcement-discretion-regarding-packaging","body":"PHMSA Notice of Enforcement Discretion Regarding Packaging Tape\n\nDocument\n\n PHMSA Notice of Enforcement Discretion Regarding Packaging Tape.pdf (78.94 KB)\n\n        The U.S. Department of Transportation’s Pipeline and Hazardous Materials Safety Administration is providing notice that it will exercise regulatory enforcement discretion for any person who affixes tape of a different type than what was originally tested for a packaging test report to a package provided the packaging meets all requirements of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) except that the tape may be different. \n\n          Issued Date: Monday, May 2, 2022\n\n<<<PAGE 1>>>\n\nU.S. Department\nof Transportation\nPipeline and Hazardous\nMaterials Safety\nAdministration\n1200 New Jersey Avenue, SE\nWashington, DC 20590\nNOTICE OF ENFORCEMENT DISCRETION REGARDING PACKAGING\nTAPE\nThe U.S. Department of Transportation’s Pipeline and Hazardous Materials Safety\nAdministration (PHMSA) is providing notice that it will exercise regulatory enforcement\ndiscretion for any person who affixes tape of a different type than what was originally\ntested for a packaging test report to a package provided the packaging meets all\nrequirements of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180)\nexcept that the tape may be different.\nPHMSA understands that members of the regulated community may have difficulty\nsecuring necessary quantities of packing tape types needed to meet non-bulk packaging\ncertifications due to intermittent supply chain challenges.\nTherefore, PHMSA will exercise regulatory enforcement discretion for an individual\nwho, due to the supply chain shortages identified above, affixes to a packaging of\nhazardous materials a non-specified adhesive tape closure on United Nations (UN)\nPerformance Oriented Packagings, provided the non-specified adhesive tape is (1) the\nsame material as the tape in the original packaging test report; (2) is capable of\ndemonstrating no diminished capabilities in yield strength, thickness, ductility, width,\nlength, or adhesive properties; and (3) is compatible with the packaging. All other\ncharacteristics of the packaging materials must be the same as what was used for the\noriginally tested packaging (see § 178.601(c)(4) for the definition of different packaging),\nor other variations as authorized by the HMR. Any deviation used to close and secure the\npackaging should be documented with instructions on how to close the packaging with\nthe alternative tape. This information must include any procedures to be followed,\nincluding closure instructions for inner packagings and receptacles to effectively\nassemble and close the packaging for the purpose of preventing leakage in transportation.\nThe requirements for non-bulk packaging periodic retesting remain in effect.\nAdditionally, PHMSA expects that during the relief provided by this notice, persons\nutilizing this relief will work with packaging manufacturers to ensure performance testing\nof additional options as appropriate, with a focus on those package designs nearing their\nnext requalification.\nThis document is a temporary notice of enforcement discretion. Regulated entities may\nrely on this notice as a temporary safeguard from Departmental enforcement as described\nherein. To the extent this notice includes guidance on how regulated entities may comply\nwith existing regulations, it does not have the force and effect of law and is not meant to\n\n<<<PAGE 2>>>\n\nbind the regulated entities in any way.\nThis notice of enforcement discretion is effective through August 31, 2022.\nIssued May 2, 2022, in Washington D.C.\nWilliam S. Schoonover\nAssociate Administrator\nfor Hazardous Materials Safety","truncated":false,"body_characters":3707}