October 2, 2013: (FR) PHMSA – Enhanced Enforcement Procedures

Resumption of Transportation After Packages are Opened by DOT Inspectors (HM-258B) (effective 11/1/2013)

PHMSA is 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.

Author: Wendy Buckley

Wendy has been in the hazardous materials industry for over 17 years. She worked for both the Federal Railroad Administration and New Jersey State Department of Transportation as a Railroad Hazardous Materials Safety Inspector. Wendy was an Investigator with the Office of Inspector General at Amtrak, a Multi-Modal HazMat Instructor and Auditor with a premier training and consulting company, and managed the Regulatory Affairs department at a multi-billion dollar, multi-national laboratory supply company. Wendy started her career as a Hazardous Materials Technician and Firefighter and today she is the President & Founder of Specialty Transportation and Regulatory Services, a hazardous materials and hazardous waste management consulting firm. Wendy has multiple degrees from several private and public Universities.