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DOT Issues at Statement Regarding New ICAO Instructions

January 29th, 2019 by Howard Skolnik

Filed under: DOT/UN, HazMat, Industry News, Skolnik Newsletter

The U.S. Department of Transportation’s Pipeline and Hazardous Materials Safety Administration (PHMSA) understands that many offerors and carriers of hazardous materials in international transport will soon be adhering to requirements in the internationally-adopted 2019-2020 International Civil Aviation Organization’s Technical Instructions for the Safe Transport of Dangerous Goods by Air (ICAO Technical Instructions) and Amendment 39-18 of the International Maritime Organization, International Maritime Dangerous Goods Code (IMDG Code). The Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) currently authorize offerors and carriers to use the 2017-2018 Edition of the ICAO Technical Instructions and Amendment 39-16 of the IMDG Code.

PHMSA gives notice that while it determines whether to adopt the 2019-2020 Edition of the ICAO Technical Instructions and Amendment 39-18 of the IMDG Code, it 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 the 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. This enforcement discretion 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.

This notice is limited to the use of the standards incorporated by reference in 49 CFR Ā§ 171. 7 ( t) and (v). Offerors and carriers must comply with all other obligations under the HMR and other applicable laws. This notice will remain in effect until rescinded or otherwise modified.

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