# Council on Safe Transportation of Hazardous Articles — Hazardous Materials Safety Interpretation

- **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:** Not available
- **summary:** 19-0018R response to Council on Safe Transportation of Hazardous Articles concerning 178.601.
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- **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:**

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1200 New Jersey Avenue, SE
Washington, DC 20590
U.S. Department
of Transportation
Pipeline and Hazardous
Materials Safety
Administration
May 12, 2022
Mr. Tom Ferguson
Senior Technical Consultant
Council on Safe Transportation of Hazardous Articles
10 Hunter Brook Lane
Queensbury, NY 12804
Reference No. 19-0018R
Dear Mr. Ferguson:
This letter is in further response to your February 18, 2019, letter requesting clarification of the
Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to what “a different
packaging” means under § 178.601(c)(4). Specifically, you ask for clarification regarding the use
of tape with properties that are superior to tape used in a package’s original design qualification
testing or for which performance data is available demonstrating the tape will perform in the
same manner as the tested tape.
A summary of the questions in your letter and our revised answers are as follows:
Q1. You note that “the Pipeline and Hazardous Materials Safety Administration (PHMSA)
stated in the Reference No. 17-0121 clarification letter that it is of the opinion . . .that a
wider tape of the same type originally tested (i.e., tensile strength and other relevant
properties from industry testing standards) will perform the same when tested or
transported as that used on the design qualification tested package.” You ask whether
PHMSA would also agree that a different type of tape of the same or greater width
manufactured with “superior properties” (i.e., increased tensile strength of film or
adhesion properties) to that specified by the packaging manufacturer for the tape in the
UN 4G packaging’s test report should perform the same when tested.
A1. We responded: “The answer is no. Use of tape that is not identical to that used in a
previously produced UN standard packaging, including tape with properties that may be
improvements such as greater width, increased tensile strength, and/or adhesion, creates
a different packaging under the HMR as this term is defined in § 178.601(c)(4). To be
authorized for use with the existing UN packaging, tape not used in the originally tested
design type must be successfully design qualification tested with the packaging or qualify
for one of the selective testing variations authorized under § 178.601(g). Please note,

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§ 178.601(g) provides a series of conditions for the selective testing of packagings that
differ only in minor respects from a tested design-type. You did not provide any technical
information that supports the successful completion of these design qualification
requirements. You may also apply for authorization to use different tapes for the
packaging under the terms of a special permit issued by the Associate Administrator for
Hazardous Materials Safety in conformance with the requirements prescribed in 49 CFR
Part 107, Subpart B.”
Our response is revised to state that a change in tape from the originally tested package to
tape with verifiable equal or superior properties (e.g., tensile strength of film or adhesion
properties) that will perform the same or better when tested does not constitute a change
in design that would require additional design qualification testing.
Q2. If a tape differs from that in a DOT specification packaging’s test report but there is
“performance data” available showing this different tape will perform in the same manner
as that tested and/or transported on the original packaging, you ask whether this
performance data may be used to permit use of the different tape without having to
perform additional design qualification testing.
A2. We responded: “The answer is no. See answer A1.”
Consistent with our revised response to Q1, our response is revised to state that if there is
data available showing that a different tape with equal or superior properties (e.g., tensile
strength of film or adhesion properties) will perform the same or better than the tape used
in testing the original packaging, this information could be used to permit the use of the
different tape without having to perform additional design qualification testing.
I hope this information is helpful. Please contact us if we can be of further assistance.
Sincerely,
Shane Kelley
Director,
Standards and Rulemaking Division
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