DOT Package Inspection Enforcement Policy

PHMSA 10-02 FR enforcement policy update.pdf

On October 02, 2013 (78 FR 60755), the Pipeline and Hazardous Materials Safety Administration (PHMSA) published a final rule addressing certain matters identified in the Hazardous Materials Transportation Safety Improvement Act of 2012 related to the Department’s enhanced inspection, investigation, and enforcement authority. Specifically, PHMSA is amending the package opening provision to include procedures for an agent of the Secretary of Transportation to open packages of perishable hazardous materials and to provide notification to the responsible party that an agent has exercised a safety inspection or investigation authority. In addition, we are establishing equipment requirements for agents. The Department’s enhanced inspection, investigation, and enforcement procedures were previously established through notice and comment rulemaking and thoroughly address the hazardous material transportation matters identified by Congress. This final rule is required to codify changes to Federal hazardous materials transportation law and to ensure transparency and consistency for hazardous materials inspectors across all modes of transportation. As it affects only agency enforcement procedures, there are no additional compliance costs to industry associated with this final rule. This final rule is effective November 1, 2013.