DOT PHMSA Interpretations Now Open for Comment

May 23, 2025
Posted in

Problem

On June 4th, 2024 Tym’s LLC formally requested clarification for a Letter of Interpretation (LoI) issued by the US Department of Transportation, Pipeline and Hazardous Materials Safety Administration (DOT PHMSA) regarding the use of Overpack for compressed gas cylinders. A generous portion of our website outlines this engagement here.

The back-and-forth on this topic extended over a year, resulting in both a revised LoI and the issuance of another. How much easier would this have been if we were able to comment on the interpretation BEFORE it was published?

Solution

It appears that the agency considered just that and has now opened requests for Letters of Interpretation to a 30-day comment period. That means anyone will be able to review the request and make comments before the agency issues a formal response.

Additionally, the PHMSA has added both “Hazmat Pending Interpretations” and “Hazmat Interpretations” automatic email notifications via the subscription service at service.govdelivery.com. 

Unintended Consequences

The process is not without faults, however. The Pending Hazardous Materials (Hazmat) Interpretations page only shows the actual letter/email received by the agency, not a draft copy of the agency’s response. Care must now be taken to remove all sensitive and/or confidential information from interpretation requests. The public has access to all company information contained in the submission, including email addresses and contact information!

Tym’s Solution

Requesting DOT Letters of Interpretation can be tricky. In many cases, requests lead to enforcement activity… an issue we vehemently disagree with, and frankly, the agency must stop.

However, by utilizing Tym’s to act as a liaison with the DOT, you and your company can be shielded from both public scrutiny and regulatory enforcement. It’s a valuable service we provide every day for our clients.

Reach out for a free consultation by clicking here, now: https://tymsllc.com/request-consultation/ 

DOT Resources

  • A list of pending DOT PHMSA interpretations can be found here.
  • Published DOT PHMSA interpretations can be found here.
  • Sign up for email notifications from DOT PHMSA here.