PHMSA Won't Enforce Against Newer Global Hazmat Standards
The Pipeline and Hazardous Materials Safety Administration said it will not take enforcement action against offerors or carriers who use newer international standards for shipping hazardous materials while the agency decides whether to formally add them to the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180).
The HMR currently authorizes the 2017-2018 edition of the International Civil Aviation Organization's Technical Instructions for air shipments and Amendment 39-16 of the International Maritime Organization's International Maritime Dangerous Goods Code for vessel shipments. PHMSA's notice extends enforcement discretion to anyone already using the newer 2019-2020 ICAO Technical Instructions and IMDG Amendment 39-18, including packages marked or labeled to those standards in any mode of domestic or international transport.
PHMSA said the Federal Aviation Administration, FMCSA, Federal Railroad Administration, PHMSA and the Coast Guard will all apply this discretion. The notice does not excuse compliance with any other HMR requirement. It was issued December 18, 2018, and stays in effect until PHMSA rescinds or modifies it. The document surfaced in docket PHMSA-2017-0108 on October 29, 2026.
What's next
- Watch docket PHMSA-2017-0108 for a final rule formally adopting the newer ICAO and IMDG editions.
- Until a rule issues, this enforcement discretion remains the operative policy.
All sources
- Other: Notice of Enforcement Policy Intl Standards — Regulations.gov (PHMSA), 2026-10-29
