Lion's office will be closed November 27 and 28. Online training support is available every day from 8:30 AM to 5 PM ET via support@lion.com.
Search

Congress Weighs In on DOT’s Enhanced Enforcement Authority

Posted on 7/19/2012 by Roger Marks

In the MAP 21 highway bill passed earlier this month, Congress further defined the DOT’s Enhanced Enforcement Authority, including placing limits how and when that authority can be used.  The Enhanced Enforcement Authority, or “Package-Open Rule,” was published as a final rule in the Federal Register on March 2, 2011, and authorizes agents of the DOT to open, inspect, and seize packages in transit they suspect may contain undeclared or improperly packaged hazmat.
 
The rights and responsibilities of DOT agents are outlined in U.S. law at 49 USC 5121.  In the MAP 21 bill, Congress amended this section of the law to include new responsibilities pertaining to agents’ exercising the enhanced enforcement authority.  The law as amended states that before opening or inspecting a package in transit, the agent must “provide reasonable notice” to the person responsible for the package of the following:
 
  1. The agent’s intention to open and inspect a package
  2. The agent’s findings
  3. What actions will be taken as a result of non-compliance (if any is found)
[49 USC 5121 Sec. 33009 Inspections]
 
More Regulations Needed, Says Congress
 
The MAP 21 highway bill also lays out some questions about the procedures agents will follow when exercising enhanced enforcement authority. Congress directed the DOT to develop by July 13, 2013 new regulations to ensure the following:
 
  1. The safe and expeditious return to transportation of time- and temperature-sensitive materials;
  2. Noncompliant packages that present an imminent hazard are placed out-of-service until the condition is corrected; 
  3. Noncompliant packages that do not present a hazard are moved to their final destination; and
  4. Appropriate training and equipment for inspectors.
  5. The proper closure of packaging in accordance with the hazardous material regulations.
Lion Technology will continue to monitor this ongoing rulemaking and will share the latest news and notes with the regulated community here at LionBlog.
 

Tags: DOT, hazmat shipping, MAP 21, new rules

Find a Post

Recent Posts

Compliance Topics

Compliance Archives

Lion - Quotes

The instructor clearly enjoys his job and transmits that enthusiasm. He made a dry subject very interesting and fun.

Teresa Arellanes

EHS Manager

These are the best classes I attend each year. I always take something away and implement improvements at my sites.

Kim Racine

EH&S Manager

I think LION does an excellent job of any training they do. Materials provided are very useful to my day-to-day work activities.

Pamela Embody

EHS Specialist

I was recently offered an opportunity to take my training through another company, but I politely declined. I only attend Lion Technology workshops.

Stephanie Gilliam

Material Production/Logistics Manager

The instructor had knowledge of regulations and understanding of real-world situations. The presentation style was engaging and fostered a positive atmosphere for information sharing.

Linda Arlen

Safety & Environmental Compliance Officer

The instructor did an excellent job presenting a very dry subject; keeping everyone interested and making it enjoyable.

Marc Bugg

Hazardous Waste Professional

The instructor took a rather drab set of topics and brought them to life with realistic real-life examples.

Tom Berndt

HSE Coordinator

This training broke down the regulations in an easy-to-understand manner and made them less overwhelming. I now feel I have the knowledge to make more informed decisions.

Amanda Oswald

Shipping Professional

Our instructor was very dynamic and kept everyone's interest. Hazmat shipping can be a dry, complicated topic but I was engaged the entire time.

Kimberly Arnao

Senior Director of EH&S

The price was reasonable, the time to complete the course was manageable, and the flexibility the online training allowed made it easy to complete.

Felicia Rutledge

Hazmat Shipping Professional

Download Our Latest Whitepaper

This guide will help you identify 25 of the most -cited errors in RCRA training, recordkeeping, hazardous waste ID, container management, universal waste, and laboratories.

Download
Latest Whitepaper

By submitting your phone number, you agree to receive recurring marketing and training text messages. Consent to receive text messages is not required for any purchases. Text STOP at any time to cancel. Message and data rates may apply. View our Terms & Conditions and Privacy Policy.