The Pipeline and Hazardous Materials Safety Administration has issued a rule reaffirming that agency inspectors have the right to open in-transit packages that they suspect do not comply with hazmat regulations or present a potential safety hazard.
Although the agency said it will require its inspectors to make attempts to not interrupt the flow of transportation, the final rule notes that inspectors’ top concern must be with safety.
“The guidance is intended to target and manage the use of enhanced inspection and enforcement authority in a manner that minimizes burdens on the transportation system while, at the same time, meets the overriding mission of transportation safety,” said the rule, announced in early October.
However, the rule also said, “It is important to note that a non-compliant package that does not present a hazard may not continue in transportation until all identified non-compliant issues are resolved.”
The rule also said that if an inspector finds something that poses an imminent hazard after opening the package, he or she may stop the movement of the package.
In written comments to PHMSA, American Trucking Associations said it believed that the agency should be responsible for “curing” any losses incurred by the carrier related to late deliveries of inspected packages or other non-related packages that are part of the same load.
But PHMSA said it does not believe it should bear financial responsibility for private costs related to the exercise of its rightful regulatory authority.
