Search
Search

Congress Weighs In on DOT’s Enhanced Enforcement Authority

Posted on 7/19/2012 by Roger Marks

In the MAP 21 highway bill passed earlier this month, Congress further defined the DOT’s Enhanced Enforcement Authority, including placing limits how and when that authority can be used.  The Enhanced Enforcement Authority, or “Package-Open Rule,” was published as a final rule in the Federal Register on March 2, 2011, and authorizes agents of the DOT to open, inspect, and seize packages in transit they suspect may contain undeclared or improperly packaged hazmat.
 
The rights and responsibilities of DOT agents are outlined in U.S. law at 49 USC 5121.  In the MAP 21 bill, Congress amended this section of the law to include new responsibilities pertaining to agents’ exercising the enhanced enforcement authority.  The law as amended states that before opening or inspecting a package in transit, the agent must “provide reasonable notice” to the person responsible for the package of the following:
 
  1. The agent’s intention to open and inspect a package
  2. The agent’s findings
  3. What actions will be taken as a result of non-compliance (if any is found)
[49 USC 5121 Sec. 33009 Inspections]
 
More Regulations Needed, Says Congress
 
The MAP 21 highway bill also lays out some questions about the procedures agents will follow when exercising enhanced enforcement authority. Congress directed the DOT to develop by July 13, 2013 new regulations to ensure the following:
 
  1. The safe and expeditious return to transportation of time- and temperature-sensitive materials;
  2. Noncompliant packages that present an imminent hazard are placed out-of-service until the condition is corrected; 
  3. Noncompliant packages that do not present a hazard are moved to their final destination; and
  4. Appropriate training and equipment for inspectors.
  5. The proper closure of packaging in accordance with the hazardous material regulations.
Lion Technology will continue to monitor this ongoing rulemaking and will share the latest news and notes with the regulated community here at LionBlog.
 

Tags: DOT, hazmat shipping, MAP 21, new rules

Find a Post

Recent Posts

Compliance Topics

Compliance Archives

Lion - Quotes

Lion Technology workshops are amazing!! You always learn so much, and the instructors are fantastic.

Dorothy Rurak

Environmental Specialist

This is a very informative training compared to others. It covers everything I expect to learn and even a lot of new things.

Quatama Jackson

Waste Management Professional

This training broke down the regulations in an easy-to-understand manner and made them less overwhelming. I now feel I have the knowledge to make more informed decisions.

Amanda Oswald

Shipping Professional

This is the best RCRA training I've experienced! I will be visiting Lion training again.

Cynthia L. Logsdon

Principal Environmental Engineer

You blew the doors off the competition!

Stephen Bieschke

Facilities Manager

Very well structured, comprehensive, and comparable to live training seminars I've participated in previously. I will recommend the online course to other colleagues with training requirement needs.

Neil Luciano

EHS Manager

I chose Lion's online webinar because it is simple, effective, and easily accessible.

Jeremy Bost

Environmental Health & Safety Technician

I have been to other training companies, but Lion’s material is much better and easier to understand.

Mark Abell

Regional Manager

More thorough than a class I attended last year through another company.

Troy Yonkers

HSES Representative

The instructor had knowledge of regulations and understanding of real-world situations. The presentation style was engaging and fostered a positive atmosphere for information sharing.

Linda Arlen

Safety & Environmental Compliance Officer

Download Our Latest Whitepaper

Get to know the top 5 changes to OSHA’s revised GHS Hazard Communication Standard at 29 CFR 1910.1200 and how the updates impacts employee safety at your facility.

Download
Latest Whitepaper

By submitting your phone number, you agree to receive recurring marketing and training text messages. Consent to receive text messages is not required for any purchases. Text STOP at any time to cancel. Message and data rates may apply. View our Terms & Conditions and Privacy Policy.