{"operation":"document","citation":"19-0018R","title":"Council on Safe Transportation of Hazardous Articles — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2022-05-12","effective_on":null,"summary":"19-0018R response to Council on Safe Transportation of Hazardous Articles concerning 178.601.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-19-0018r.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-19-0018r.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-19-0018r","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/docs/standards-rulemaking/hazmat/interpretations/76481/190018r_1.pdf","body":"<<<PAGE 1>>>\n\n1200 New Jersey Avenue, SE\nWashington, DC 20590\nU.S. Department\nof Transportation\nPipeline and Hazardous\nMaterials Safety\nAdministration\nMay 12, 2022\nMr. Tom Ferguson\nSenior Technical Consultant\nCouncil on Safe Transportation of Hazardous Articles\n10 Hunter Brook Lane\nQueensbury, NY 12804\nReference No. 19-0018R\nDear Mr. Ferguson:\nThis letter is in further response to your February 18, 2019, letter requesting clarification of the\nHazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to what “a different\npackaging” means under § 178.601(c)(4). Specifically, you ask for clarification regarding the use\nof tape with properties that are superior to tape used in a package’s original design qualification\ntesting or for which performance data is available demonstrating the tape will perform in the\nsame manner as the tested tape.\nA summary of the questions in your letter and our revised answers are as follows:\nQ1. You note that “the Pipeline and Hazardous Materials Safety Administration (PHMSA)\nstated in the Reference No. 17-0121 clarification letter that it is of the opinion . . .that a\nwider tape of the same type originally tested (i.e., tensile strength and other relevant\nproperties from industry testing standards) will perform the same when tested or\ntransported as that used on the design qualification tested package.” You ask whether\nPHMSA would also agree that a different type of tape of the same or greater width\nmanufactured with “superior properties” (i.e., increased tensile strength of film or\nadhesion properties) to that specified by the packaging manufacturer for the tape in the\nUN 4G packaging’s test report should perform the same when tested.\nA1. We responded: “The answer is no. Use of tape that is not identical to that used in a\npreviously produced UN standard packaging, including tape with properties that may be\nimprovements such as greater width, increased tensile strength, and/or adhesion, creates\na different packaging under the HMR as this term is defined in § 178.601(c)(4). To be\nauthorized for use with the existing UN packaging, tape not used in the originally tested\ndesign type must be successfully design qualification tested with the packaging or qualify\nfor one of the selective testing variations authorized under § 178.601(g). Please note,\n\n<<<PAGE 2>>>\n\n§ 178.601(g) provides a series of conditions for the selective testing of packagings that\ndiffer only in minor respects from a tested design-type. You did not provide any technical\ninformation that supports the successful completion of these design qualification\nrequirements. You may also apply for authorization to use different tapes for the\npackaging under the terms of a special permit issued by the Associate Administrator for\nHazardous Materials Safety in conformance with the requirements prescribed in 49 CFR\nPart 107, Subpart B.”\nOur response is revised to state that a change in tape from the originally tested package to\ntape with verifiable equal or superior properties (e.g., tensile strength of film or adhesion\nproperties) that will perform the same or better when tested does not constitute a change\nin design that would require additional design qualification testing.\nQ2. If a tape differs from that in a DOT specification packaging’s test report but there is\n“performance data” available showing this different tape will perform in the same manner\nas that tested and/or transported on the original packaging, you ask whether this\nperformance data may be used to permit use of the different tape without having to\nperform additional design qualification testing.\nA2. We responded: “The answer is no. See answer A1.”\nConsistent with our revised response to Q1, our response is revised to state that if there is\ndata available showing that a different tape with equal or superior properties (e.g., tensile\nstrength of film or adhesion properties) will perform the same or better than the tape used\nin testing the original packaging, this information could be used to permit the use of the\ndifferent tape without having to perform additional design qualification testing.\nI hope this information is helpful. Please contact us if we can be of further assistance.\nSincerely,\nShane Kelley\nDirector,\nStandards and Rulemaking Division","truncated":false,"body_characters":4284}