PHMSA Notice of Enforcement Policy Regarding International Standards - November 2022
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.