The Journal of HazMat Transportation's™ Exclusive Comments on Current U.S. DOT Letters of Interpretation of the Hazardous Materials Regulations

摘要

The incoming email asks PHMSA to reconsider two interpretation letters - 06-0129 and 07-0029. In 06-0129, when questioned on whether a packaging tested using 42mm tape needed to be treated as a "different packaging" when 72mm tape of the same type was used, PHMSA responded by saying that use of tape of greater width constituted a different design requiring separate testing. Interpretation 07-0029 denied reconsideration of the earlier interpretation letter. In that denial letter PHMSA also noted that no one could be absolutely sure that wider tape improved the integrity of the packaging. Although the regulation has not changed and the literal meaning of the regulatory text would seem to support the original PHMSA interpretation, PHMSA has rescinded the two earlier interpretations and apparently replaced them with this one interpretation letter bearing three reference numbers (17,0121, 07-0029R and 06-0029R). Let's look at what is behind this.