PHMSA Final Rule on Enhanced Enforcement Authority Procedures
Posted in GA Updates on Tue, Apr 5, 2011
The Pipeline and Hazardous Materials Safety Administration (PHMSA) has
published a final rule to implement enhanced inspection, investigation,
and enforcement authority conferred by the Hazardous Materials
Transportation Safety and Security Reauthorization Act of 2005. The
final rule establishes procedures for issuance of emergency orders
(restrictions, prohibitions, recalls, and out-of-service orders) to
address unsafe conditions or practices posing an imminent hazard;
opening packages to identify undeclared or non-compliant shipments,
when the person in possession of the package refuses a request to
open it; and the temporary detention and inspection of potentially
non-compliant packages. These inspection and enforcement procedures
will not change the current inspection procedures for DOT, but will
enhance DOT's existing enforcement authority and allow us to respond
immediately and effectively to conditions or practices that pose
serious threats to life, property, or the environment. As this rule
affects only agency enforcement procedures, it therefore results in
no additional burden of compliance costs to industry. The final
rule is effective May 2, 2011.
http://edocket.access.gpo.gov/2011/2011-4270.htm
