September 29, 2017

 

 

Mark B. Hawk

Packaging Management Council Coordinator

49 Palisades Parkway

Oak Ridge, TN  37830

 

Reference No. 16-0143R

 

Dear Mr. Hawk:

 

This letter revises our March 30, 2017, response to your August 29, 2016, letter in which you requested clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to DOT Specification 7A Type A (Type A) packagings.  Specifically, you ask about changes made to documentation requirements for Type A packagings as a result of the HM-250 final rule (July 11, 2014; 79 FR 40596).

 

We have paraphrased and answered your questions as follows:

 

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 the test documentation information for Type A packagings that were in existence prior to the changes made under the HM-250 final rule 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 provide the missing testing documentation information required by § 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.      PHMSA’s intent was to hold all Type A packaging documentation to the same requirements.  PHMSA allowed for a transition period for the new documentation requirements with a compliance date of January 1, 2017, instead of the July 13, 2015, compliance date for the rest of the HM-250 rule changes, to provide additional time to upgrade documentation for older packagings.  This does not necessarily entail retroactive testing if documentation gaps can be addressed by other means, as allowed under § 173.415(a)(1)(ii) and specified in § 173.461.

 

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 documentation requirements are not limited to packagings that were constructed and tested after January 1, 2017.  All Type A packagings that are offered for shipment after January 1, 2017, must meet the documentation provisions required by HM‑250.  Elements of the documentation requirements in § 173.415 may be supplemented by providing a detailed analysis as described in § 173.415(a)(1)(ii).  If any elements of the documentation requirements cannot be fulfilled by analysis, then additional testing may be required.

 

I hope this information is helpful.  Please contact us if we can be of further assistance.

 

Sincerely,

 

 

 

Dirk Der Kinderen

Chief, Standards Development Branch

Standards and Rulemaking Division

 

173.415(a)(1)(i), 173.461, 173.415(a)(1)(ii), 173.465