Notice of Enforcement Policy!

PHMSA Clarifies It’s Stance

In an effort to clarify confusions surrounding the 2021-2022 International Air Transport Association’s Dangerous Goods Regulations (IATA DGR) Technical Instructions (TI) and International Maritime Dangerous Goods Code (IMDG Code) Amendment 40-20, The U.S. Department of Transportation’s (DOT) Pipeline and Hazardous Materials Safety Administrations (PHMSA) released the following statement on October 1, 2020:

“…We will not take enforcement action against any offeror or carrier who is using these standards when all or part of the transportation is by air with respect to ICAO technical Instructions, or all or part of the transportation is by vessel with respect to the IMDG Code In addition, PHMSA, will not take enforcement action against any offeror or carrier who offers or accepts for domestic or international transportation by any mode packages marked or labeled in accordance with these standards.”

See the full PHMSA Notice of Enforcement.

While PHMSA continues to evaluate the adoption of the 2021-2022 ICAO Technical Instructions and the upcoming Amendment 40-20 of the IMDG Code in a future rulemaking, “it will remain in effect until withdrawn or otherwise notified.” PHMSA also, makes it clear that:

“This notice is limited to the use of the standards incorporated by reference in 49 CFR § 171.7(t) and (v). Offerors and carriers must comply with all other obligations under the HMR and other applicable laws.”

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