United States

United States Regulatory Information

IVODGA actively monitors the US Department of Transportation Regulations, and submits comments and petitions as appropriate for the membership.

Federal Register - http://www.gpo.gov/fdsys/browse/collection.action?collectionCode=FR

PHMSA - http://www.phmsa.dot.gov/hazmat

FRA - http://www.fra.dot.gov/

OSHA - http://www.osha.gov/

US Coast Guard - http://www.uscgnews.com/go/site/4007/

DOT - http://www.dot.gov/

FMCSA - http://www.fmcsa.dot.gov/

U.S. Postal Service - https://www.usps.com/


November 2022: PHMSA Notice of Enforcement Policy Regarding International Standards - November 2022. Notice of Enforcement Policy Regarding International Stds - Nov 2022.pdf. The enforcement policy regarding international standards notifies offerors and carriers of hazardous materials that PHMSA will not take enforcement action against any offeror or carrier using these standards for the domestic or international transportation of packages by any mode as it continues to consider adopting updated editions of the International Civil Aviation Organization's Technical Instructions for the Safe Transport of Dangerous Goods by Air (ICAO Technical Instructions) and the International Maritime Organization International Maritime Dangerous Goods Code (IMDG Code) into the Hazardous Materials Regulations.  PHMSA and its modal partners will temporarily exercise enforcement discretion against offerors or carriers of hazardous materials packages that are marked, labeled, or transported in accordance with the internationally adopted 2023-2024 Edition of the ICAO Technical Instructions or the Amendment 41-22 of the IMDG Code until otherwise stated.  PHMSA will also not take enforcement action against shippers or carriers transporting polymerizing substances in accordance with the Hazardous Materials Regulations that are in effect on December 31, 2022, while it considers future regulatory amendments. See the Enforcement Policy for full details regarding PHMSA's enforcement discretion, including those related to transporting polymerizing substances and the use of FRP portable tanks. (November 28, 2022 – PHMSA)

May 2022: PHMSA Safety Advisory: Disposal and Recycling of Lithium Batteries in Commercial Transportation. In response to recent compliance inspections where PHMSA’s hazardous materials (HAZMAT) investigators routinely saw shippers and carriers improperly package and ship lithium batteries for disposal or recycling, potentially causing fires, PHMSA issued a safety advisory for the Disposal and Recycling of Lithium Batteries in Commercial Transportation to increase the public’s awareness of the related dangers. This advisory provides a summary of the regulatory information needed for shipping lithium batteries in commercial transportation for recycling and disposal. As well as discusses the general dangers of shipping lithium batteries, what consumers should do, and steps shippers and carriers need to take when disposing and recycling lithium batteries and equipment / products containing lithium batteries. And lastly, this advisory directs readers to a variety of additional resources for further information on preparing lithium batteries for shipment.

This safety advisory notice is for anyone who prepares shipments for the disposal or recycling of lithium batteries, commercially transports used, damaged, defective, or recalled lithium batteries, disposes of lithium batteries, recycles lithium batteries, or uses equipment / products that employ or contain lithium batteries.

May 2022: PHMSA Enforcement Discretion Regarding Packaging Tape. The Pipeline and Hazardous Materials Safety Administration (PHMSA) has issued a NOTICE OF ENFORCEMENT DISCRETION REGARDING PACKAGING TAPE. Supply chain challenges have made it very difficult for many companies and industries to obtain standard/required materials to perform daily functions. Tape that was used in the testing and certification of UN specification packaging may be difficult to obtain during the next several months. For this reason, PHMSA is authorizing the closure of UN specification packaging with tape that was not specifically used in the testing and certification process as long as the adhesive tape is:

  1. The same material as the tape in the original packaging test report;
  2. Capable of demonstrating no diminished capabilities in yield strength, thickness, ductility, width, length, or adhesive properties; and
  3. Is compatible with the packaging.

The enforcement discretion is effective through August 31, 2022. The full notice can be reviewed here.

PHMSA Enforcement Policy Notice Regarding Hazardous Materials Training. PHMSA continues to monitor the effects the COVID-19 outbreak is having on regulated hazardous materials entities.  As a result, PHMSA decided to temporarily halt enforcement actions against shippers and carriers that are unable to comply with training requirements included in the Hazardous Materials Regulations (HMR).  The Notice is limited to recurrent training requirements and does not apply to all other HMR obligations or applicable laws for hazardous materials offers and carriers. Read here (March 25, 2020 – PHMSA)