Effective May 2nd, 2011, PHMSA is implementing an enhanced inspection, investigation, and enforcement authority on domestic HazMat shipments. Conferred on the Secretary of Transportation by the Hazardous Materials Transportation Safety and Security Reauthorization Act of 2005, this final rule establishes procedures for issuance of emergency orders (restrictions, prohibitions, recalls, and out-of-service orders) to address unsafe conditions or practices posing an imminent hazard. Packages may be opened to identify undeclared or noncompliant shipments, when the person in possession of the package refuses a request to open it. This also includes the temporary detention and inspection of potentially non-compliant packages. These inspection and enforcement procedures will not change the current inspection procedures for DOT, but will enhance DOT’s existing enforcement authority and allow DOT to respond immediately and effectively to conditions or practices that pose serious threats to life, property, or the environment. Single packagings that are “immediately adjacent to the hazardous material” will not be opened. Inspectors will remove the package from transportation and have it examined at a facility that is capable of analyzing the contents. As this rule affects only agency enforcement procedures, it therefore is expected not to result in any additional burden of compliance costs to industry.
DOT/UN HazMat Industry News