NACD files comments on DOT Inspection Authority Proposal.
Press Release Summary:
NACD filed comments with PHMSA of U.S. DOT on proposal to establish procedures for DOT inspectors to open packages to identify undeclared or non-compliant shipments, to temporarily detain and inspect suspicious packages, and to issue emergency orders to address unsafe conditions they believe post imminent hazard. NACD's comments expressed concerns about broad scope of proposal and delays and business disruptions that could be caused by increased inspections.
Original Press Release:
NACD Files Comments on Department of Transportation Enhanced Inspection Authority Proposal
The National Association of Chemical Distributors (NACD) last week filed comments with the Pipeline and Hazardous Materials Safety Administration (PHMSA) of the U.S. Department of Transportation (DOT) on a proposal to establish procedures for DOT inspectors to open packages to identify undeclared or non-compliant shipments, to temporarily detain and inspect suspicious packages, and to issue emergency orders to address unsafe conditions they believe may pose an "imminent hazard."
NACD's comments expressed concerns about the broad scope of the proposal and the delays and business disruptions that could be caused by increased inspections. The comments noted that these disruptions would be particularly severe for shipments involving time-sensitive or perishable materials and could also result in hours-of-service problems for drivers. "When the Department of Transportation (DOT) exercises the enhanced authority to inspect and open packages as outlined in the proposed rule, this will inevitably lead to substantial delays in the delivery of hazardous materials shipments; therefore, NACD urges the department to use this authority as sparingly as possible," wrote Jennifer Gibson, NACD Vice President of Government Affairs, in the comments.
Regarding procedures for closure when a DOT inspector opens a package, the comments recommended that inspectors follow the agency's own regulations by complying with the packaging manufacturer's closure instructions. The comments also recommended that when a DOT inspector detains and opens a package, that the inspector assume responsibility for shipment the moment it is detained and diverted, not at the later point at which he opens the package. Finally, NACD recommended that the inspector provide immediate notification that the shipment will be held as well as how long he or she expects it to be held.
To view the full comments, go to www.nacd.com/advocacy/comments.aspx.
NACD and its nearly 250 members have established themselves as leaders in health, safety, security, and environmental performance through implementation of the Responsible Distribution Process (RDP), established in 1991 as a condition of membership in NACD. Incorporated as a condition of membership in January 1999, NACD members undergo third-party on-site RDPV - RDP Verification. For additional information, visit NACD's Web site - www.nacd.com.
