PHMSA Guidance on Use of International Hazmat Shipping Standards
Posted on 2/27/2017 by Roger Marks
Earlier this year, the Pipeline and Hazardous Materials Safety Administration (PHMSA) announced a Final Rule to harmonize the 49 CFR hazmat shipping requirements with international standards. PHMSA then withdrew Final Rule HM 215N before it was published in the Federal Register in response to a “freeze” on new regulations put in place by the new president of the US.
Since the Final Rule was withdrawn, dangerous goods shippers and industry groups have voiced concerns about how to package, mark, and ship hazardous materials for transport outside of the US. Today, PHMSA has issued guidance that provides some clarity for shippers.
PHMSA Notice Regarding IMDG Code and ICAO Technical Instructions
In the notice issued today, February 27, PHMSA states that hazmat inspectors will not take enforcement action against any offeror or carrier who is properly using the 2017-18 versions of the IMDG Code or ICAO Technical Instructions (TI) when all or part of the transportation is by air or vessel.
“PHMSA hereby gives notice that while it decides whether or not to adopt the 2017-18 versions of these international standards, it will not take enforcement action against any offeror or carrier who is using the 2017-18 versions of these standards… "
PHMSA will allow the use of either the 2015--16 international standards or the 2017--18 standards until further notice. In addition, PHMSA will not take enforcement action against any offeror or carrier who accepts for domestic or international transportation by any mode packages marked or labeled in accordance with the 2017--18 versions of the international hazmat rules.
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