This document provides general guidance for transporting hazardous materials to Mexico. The Mexican hazardous materials regulation, Regulation for the Land Transportation of Hazardous Materials and Wastes was published on March 7, 1993 . To date at least 22 Official Mexican Standards (referred to as Normas or NOMs) have been published in final form. The NOMs which augment the Regulation. Additional standards are being developed by the Mexican Secretariat for Communications and Transport. In addition, other Mexican government agencies have authority to publish and are developing standards relevant to the transportation of hazardous materials within Mexico. The information contained in this document is intended to provide guidance to shippers and carriers engaged in or planning to transport hazardous materials to or within Mexico. The information is subject to change consistent with the development of new standards or amendments to existing Mexican hazardous materials standards.

The U.S. Hazardous Materials Regulations (HMR; 49 Code of Federal Regulations, Parts 100-180) and the Mexican Regulation for the Land Transportation of Hazardous Materials and Wastes are based on the United Nations Recommendations on the Transport of Dangerous Goods. As a result, the HMR and the Mexican Regulation are closely aligned. However, there are differences between the regulations of which shippers and carriers should be aware. For example, the HMR incorporate requirements which are not covered in the Mexican Regulation or Official Mexican Standards. In the same regard, Mexico does not observe all of the exceptions provided to shippers and carriers in the HMR. These differences are being addressed by the NAFTA Land Transportation Standards Hazardous Materials Working Group (LTSS Group 5) and through amendments and restructuring of the UN Recommendations. In the long term, LTSS Group 5 plans to develop a North American Transportation of Dangerous Goods Code to facilitate hazardous materials transportation throughout North America. At present, since differences still exist between U.S. and Mexican Regulations, shippers must be careful to ensure that their shipments are in full compliance with the applicable regulations of each country.

The following information is provided as guidance for preparing transborder shipments of hazardous materials. The information is not intended as an means for compliance with U.S. or Mexican regulations but to highlight key information relative to transborder transportation of hazardous materials.

The key to importing hazardous materials into the United States from Mexico is quite simple. All shipments of hazardous materials must comply with the U.S. Hazardous Materials Regulations without exception.

Hazardous materials shipments exported to Mexico must fully comply with Mexican Regulations, which, as noted previously, are fairly consistent with U.S. Regulations. However, some differences do exist, and the following information is provided as guidance for exporting hazardous materials to Mexico.

Shipping papers


• Transborder shipments between the U.S. and Mexico should be accompanied by shipping documents in English and Spanish. Although not a regulatory requirement, when shipping hazardous materials to Mexico the shipping papers should be provided in Spanish to facilitate hazard communication and for emergency response purposes in the event of a spill or incident. NOM-002-SCT2/1994 provides the official Mexican proper shipping names in Spanish. The list is consistent with the dangerous goods list in the eighth revised edition of the. Mexico is in the process of updating NOM-002 for consistency with the 11th edition of the UN Recommendations.
  
  Shipping papers used for transport in the U.S. must be provided in English according to the HMR (see HMR, Subpart C - Shipping Papers; §172.201). To satisfy the emergency response information requirements in the U.S. or Mexico a shipper may attach a copy of the appropriate guide page from Emergency Response Guidebook (ERG) to the shipping papers. The information must be provided in Spanish when the material is shipped in Mexico and in English when shipped in the U.S. so that emergency responders in each country will be able to understand the appropriate initial response procedures in the event of a hazmat release. The ERG is available in English, French and Spanish.


• Currently many of the domestic shipping descriptions and exceptions identified in the HMR §172.101 Hazardous Materials Table (e.g. descriptions preceded by a "D") are not authorized for use in Mexico. North American (NA) identification numbers are not authorized for use in Mexico. Only proper shipping names and identification numbers indicated in NOM-002-SCT/1994 are authorized. NOM-002 is consistent with the 8th revised edition of the UN Recommendations, therefore shipping names based on more recent editions of the UN Recommendations may not be acceptable for transport within Mexico.


• Mexico has no requirement for declaring reportable quantities of hazardous substances.


• Mexico has no requirement for incident reporting.

Labels and Placards


• For transborder shipments, labels and placards should comply with those specified in the UN Recommendations or the HMR. HMR; §172.401(c)(1) permits labeling in accordance with the ICAO TI, IMDG Code, Transport Canada TDG Regulations and UN Recommendations. Considering that Mexico has adopted the UN labels it is recommended that these be used for transborder shipments. The international regulations authorize the insertion of text (other than the class or division number) in the space below the symbol as long as the text relates to the nature of the hazard or precautions to be taken in handling. If words appear on the placards or labels they may be provided in English or Spanish as long as the information is provided in the space below the symbol and is restricted to information regarding the risks posed by the material and relevant handling precautions.


• When shipping Packing Group III poisons a shipper should be aware that the Mexican regulations do not authorize the Stow Away from Foodstuffs label. In this case the Poison or Toxic label should be used.


• The Mexican standards do not authorize the use of the Dangerous Placard since NOM-004 does not include provisions for the use of the DANGEROUS@ placard..


• Many of the domestic labeling exceptions provided in the HMR are not authorized in the Mexican labeling requirements.


• The bulk packaging labeling provisions in HMR §172.400 are not consistent in the Mexican labeling standard NOM-003.


• The labeling exceptions for 1.4S explosives in HMR §172.230 are also not covered in the Mexican labeling standard NOM-003.

Package Markings


• Package markings are consistent except that the proper shipping name should be provided in Spanish in addition to English when the hazmat is transported in Mexico. NOM-002-SCT2/1994 provides the official Mexican proper shipping names.


• The "HOT" mark used for elevated temperature materials in the U.S. is not authorized in Mexico. In Mexico the elevated temperature mark provided in the UN Recommendations must be used.


• The Mexican regulations do not require the marine pollutants mark for surface transportation.


• The Mexican standards incorporate provisions for consumer commodities (see NOM-011-SCT2/1994) but do not authorize the use of the ORM-D description as a package marking. Their requirements for consumer commodities are consistent with those in the UN Recommendations. Shippers should address ORM-D shipments like any other international surface shipment of consumer commodities. There is no prohibition from indicating AORM-D@ on the packaging.

Hazard Classification


• The Mexican standard regarding the classification of flammable liquids (NOM-028-SCT2/1994) does not incorporate provisions for combustible liquids or authorize use of the combustible liquid exceptions in 173.120(b)(2) or 173.150(f)(1-4). Combustible liquid requirements only apply in the U.S.


• Any hazardous material listed in NOM-002 must be considered as subject to the SCT regulations unless specifically excepted in writing by SCT. A proposed amendment to NOM-028 proposes that only flammable liquids that meet the criteria for classification are subject to the Mexican Regulations will help to resolve this issue. PHMSA will work with SCT to address classification and regulation of other classes of hazardous materials.

Limited Quantities


• Shippers should be aware that the inner packaging limits for limited quantities and consumer commodities differ because the HMR is somewhat more liberal than the UN Recommendations. The HMR generally allows larger per package quantities to be eligible for the limited quantity exceptions. This will be harmonized in the 12th edition of the UN Recommendations.


• As in the HMR, limited quantity shipments which are also consumer commodities may be transported to or within Mexico without shipping papers. The proper shipping name and UN number need not appear on the package and vehicles containing consumer commodities need not be placarded.

Cargo Tank Truck Requirements


• Although Mexico intends to adopt the DOT Specification 400 series cargo tank truck requirements, NOM-EM-020-SCT2/1994 currently only includes the MC 300 requirements.


• Requirements consistent with those for MC 331 and 338 cargo tank trucks have not yet been adopted in Mexico.


• The Mexican NOMs do not include an exception similar to that in 173.320 which applies to cargo tank truck used to transport cryogenic liquids (25 psi exception) and except these vehicles from placarding.

Training


• Commercial drivers who transport hazardous materials (hazmat) within the United States must be trained and retrained every three years as a hazardous material employee. Each person, who transports or offers for transport hazardous materials, is a hazmat employer or employee. The HMR require hazmat employers to train, test, and maintain records of this training for all their hazmat employees. This includes any employee who has responsibility for preparing hazmat for transportation or for transporting the hazmat shipment.


• Mexico has similar training requirements for commercial drivers but not for all hazardous materials employers or employees. Commercial drivers are required to be licensed and tested by the SCT. For U.S. drivers operating within Mexico the CDL with a hazmat endorsement will be sufficient to meet SCT's driver training and certification requirements.

Materials of Trade


• The Mexican NOMs do not include provisions comparable to the US exceptions for Materials of Trade (MOTs) in 173.6. Hazardous Materials Registration


• Under the Federal Hazardous Material Transportation Law (49 U.S.C. 5101 et seq.), certain offerors (shippers) and transporters of hazardous materials are required to register with the U.S. Department of Transportation and to pay an associated registration fee ($300 for those registrants meeting the U.S. Small Business Administration criteria for defining a small business and $2,000 for all other registrants). The program is administered by PHMSA. The registration fee is used to support planning and training of emergency response personnel. Motor carriers must have a copy of their certificate of registration or a document bearing the current year's registration number identified as the "U.S. DOT HAZMAT Reg. No." available in every truck or truck tractor used to transport hazmat. Foreign-based carriers must designate a permanent U.S. resident to serve as "agent for service of process" in accordance with 49 CFR 107.7. U.S. Federal, State, or local officials may impose penalties for failing to register or failing to meet the record keeping requirements. Use of International Modal Regulations for Land Transport


• The Mexican regulation does not incorporate provisions for allowing shipments certified in accordance with the ICAO Technical Instructions or International Maritime Dangerous goods Code to be accepted for land transportation consistent with HMR §171.11 and §171.12. Hazardous Materials Spill, Release, or Incident


• If a hazmat release occurs in the United States, the spill must be reported to the U.S. Department of Transportation. This may be accomplished by telephone (800) 424-8802 for immediate notification. A written report is required to be submitted within 30 days thereafter. Hazardous Materials Information


• To obtain a list of HAZMAT Publications from the U.S. Department of Transportation you should contact the Pipeline and Hazardous Materials Safety Administration's Office of Hazardous Materials Safety by email FAX at (202) 366-7342 or by Internet or , or writing us at:

U.S. DOT/PHMSA/PHH-50
400 Seventh Street, S.W.
Washington, D.C. 20590-0001

• We maintain an Information Center for hazardous materials questions. The toll free number is 1-800-467-4922 Documents Available Online


• Mexican NOMs - A complete listing of Mexican NOMs are available online at http://www.economia-noms.gob.mx/


• Translated versions of several NOMs related to hazardous materials transportation.


• Guidance for exporters to Mexico is available online at http://www.economia-noms.gob.mx/.