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

My experience with Lion training, both online and in the classroom, is that they are far better organized and provide a better sequential explanation of the material.

Robert Roose

Manager, Dangerous Goods Transportation

The online course was well thought out and organized, with good interaction between the student and the course.

Larry Ybarra

Material Release Agent

Excellent class, super instructor, very easy to follow. No rushing through material. Would like to take his class again.

Lawrence Patterson

EH&S Facility Maintenance & Security Manager

One of the best trainings I have ever received!

Brandon Morfin

EH&S Manager

Lion provided an excellent introduction to environmental regulations, making the transition to a new career as an EHS specialist less daunting of a task. Drinking from a fire hose when the flow of water is lessened, is much more enjoyable!

Stephanie Weathers

SHE Specialist

Well designed and thorough program. Excellent summary of requirements with references. Inclusion of regulations in hard copy form, as well as full electronic with state pertinent regulations included is a great bonus!

Oscar Fisher

EHS Manager

I really enjoy your workshops. Thank you for such a great program and all the help Lion has provided me over the years!

George Chatman

Hazardous Material Pharmacy Technician

The instructor's energy, enthusiasm, and knowledge of the subject make the class a great learning experience!

Brian Martinez

Warehouse Operator

Our instructor was very dynamic and kept everyone's interest. Hazmat shipping can be a dry, complicated topic but I was engaged the entire time.

Kimberly Arnao

Senior Director of EH&S

The instructor was excellent. They knew all of the material without having to read from a notepad or computer.

Gary Hartzell

Warehouse Supervisor

Download Our Latest Whitepaper

Explore ten hazardous waste management errors that caused generators in California the most trouble last year.

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.