PHMSA Announces Notice of Enforcement Discretion

The Tape Dilemma

On Monday, May 2, 2022 the Department of Transportation (DOT) Pipeline and Hazardous Materials Safety Administration (PHMSA) issued a Notice of Enforcement Discretion regarding the lack of availability of certain tapes required for shipping. In its statement PHMSA clarified:

“… that members of the regulated community may have difficulty securing necessary quantities of packing tape types needed to meet non-bulk packaging certifications due to intermittent supply chain challenges. Therefore, PHMSA will exercise regulatory enforcement discretion for an individual who, due to the supply chain shortages identified above, affixes to a packaging of hazardous materials a non-specified adhesive tape closure on United Nations (UN) Performance Oriented Packagings, provided the non-specified adhesive tape is (1) the same material as the tape in the original packaging test report; (2) is capable of demonstrating no diminished capabilities in yield strength, thickness, ductility, width, length, or adhesive properties; and (3) is compatible with the packaging.”

It is important to note that the notice of enforcement discretion is currently valid through August 31, 2022. In the meantime, if you need help with other aspects of your non bulk packaging make sure to check out our offerings to help you stay on compliance.

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