Q1. You ask if an offeror may satisfy the requirements of § 173.415(a)(1)(i) by documenting a "good faith effort" to obtain missing elements of Type A packagings that were in existence prior to the changes made under the HM-250 final rule (July 11, 2014; 79 FR 40589) if they prove to be unobtainable.

A1. The answer is no. No provisions in the HMR state that a "good faith effort" may serve as a substitute for compliance with HMR requirements.

Q2. You ask if an offeror may use other (non-testing) methods in accordance with § 173.461 to satisfy the missing elements of § 173.415(a)(1)(i) for existing Type A packagings that had been subjected to the physical tests of § 173.465.

A2. The answer is yes. For demonstration of compliance, the HMR permit the use of non-testing methods in § 173.461.

Q3. You ask if it was PHMSA's intent in HM-250 to require retroactive retesting of Type A packagings that had already successfully passed testing under § 173.415(a)(1)(i).

A3. The answer is no. The intent of HM-250 was to clarify the type of information required to be maintained as part of the Type A packaging documentation. The rulemaking does not impose retroactive package testing requirements to obtain missing data elements for Type A packagings already in existence.

Q4. You ask if PHMSA would limit the scope of § 173.415(a)(1)(i) to packagings constructed and tested after January 1, 2017, or for advice on the best way to achieve relief from paragraph (a)(1)(i) when one or more elements therein are found to be unobtainable for existing previously tested Type A packagings.

A4. The new detailed documentation requirements apply to packagings manufactured and offered after July 13, 2015.