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Notice of Enforcement Policy Regarding International Standards

On December 18, 2018, The U.S. Department of Transportation’s Pipeline and Hazardous Materials Safety Administration (PHMSA) gave notice that it will not take enforcement action against any offeror or carrier who uses the 2019-2020 Edition of ICAO Technical Instructions and Amendment 39-18 of the IMDG Code when all or part of the transportation is by air or vessel with respect to ICAO Technical Instructions or IMDG Code.  In addition, PHMSA will not take enforcement action against offerors or carriers who offer or accept for domestic or international transportation by any mode packages marked or labeled in accordance with these standards. The decision to enforce policy will be exercised by the Federal Aviation Administration, the Federal Motor Carrier Safety Administration, the Federal Railroad Administration, the Pipeline and Hazardous Materials Safety Administration, and the United States Coast Guard.

Again, this is a notice that PHMSA will not take enforcement action while it determines whether to adopt these changes. However, this notice is limited to the use of the standards incorporated by reference in 49 CFR § 171.7 (t) and (v). Offeror’s and carriers still must comply with all other obligations under HMR and other appropriate laws.

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