March 1st, 2017 | Posted in General
The U.S. Department of Transportation’s Pipeline and Hazardous Materials Safety Administration (PHMSA) just released the attached Notice regarding their “enforcement discretion” for offerors and carriers offering or accepting shipments made in accordance with 2017-2018 International Civil Aviation Organization’s Technical Instructions for the Safe Transport of Dangerous Goods by Air and Amendment 38-16 of the International Maritime Dangerous Goods Code. The Notice also can be found on PHMSA’s website.
According to the Notice:
This means the new lithium battery mark and new lithium battery Class 9 hazard label may be used when shipping from, to, or within the U.S.
Earlier this month PRBA sent a letter to Secretary of Transportation Elaine Chao that was signed by 22 corporations and trade associations in which PRBA sought the earliest possible approval and publication of the HM-215N Harmonization Final Rule in order to harmonize the U.S. hazardous materials regulations with international dangerous goods regulations that took effect on January 1, 2017. While it appears the HM-215N Final Rule is still bogged down in the Trump Administration’s “regulatory freeze,” this Notice on agency enforcement discretion is a very positive development in response to the industry’s letter.