Enforcement of the new ICAO and IMDG

On December 18, 2018, PHMSA issued the ‘Notice of Enforcement Policy Regarding International Standards’. This notice state that PHMSA will NOT take enforcement action if a shipper or carriers offers or accepts packages marked and labeled according to the following standards.

  • 2019-2020 edition of the ICAO Technical Instructions for the Safe Transportation of Dangerous Goods for air shipments and
  • 39-18 Amendment of the IMDG Code for ocean shipments
PHMSA Notice
PHMSA Notice of Regulatory Change


“The Pipeline and Hazardous Materials Safety Administration (PHMSA) understands that many offerors and carriers of hazardous materials in international transport will soon be adhering to requirements in the internationally-adopted 2019-2020 International Civil Aviation Organization’s Technical Instructions for the Safe Transport of Dangerous Goods by Air (ICAO Technical Instructions) and Amendment 39-18 of the International Maritime Organization, International Maritime Dangerous Goods Code (IMDG Code). PHMSA is giving notice that it will not take enforcement action against any offereror or carrier using these standards when transporting hazardous materials by certain modes.”

A copy of the Notice can be found here:   2018-12-18PHMSANoticeIntl

The official incorporation of the ICAO and the IMDG Code can be found in rulemaking HM-215O. This rulemaking is proposed and comments are due by January 28. Details on HM-215O can be found here.  2018-11-27HarmonizationInternational