Shutdown Effects on Dangerous Goods Shipments

As the United States continues a prolonged government shutdown, many industries are feeling the ripple effects, and the transportation of Dangerous Goods is no exception. The Pipeline and Hazardous Materials Safety Administration (PHMSA), which oversees the nation’s dangerous goods regulations, is operating under its official contingency plan issued by the Department of Transportation. This plan outlines which critical safety and enforcement functions will continue and which routine activities will be suspended as the shutdown continues. Understanding these distinctions is essential for shippers, carriers, and compliance professionals to stay on the right side of federal regulations during the shutdown.

What is Continuing and what has Ceased?

The Department of Transportation issued a Plan for Operations that is set to guide us through the shutdown period. Below is a summary list of functions pertaining to dangerous goods which will continue during the shutdown, as well as a list of functions that have ceased since the beginning of this shutdown a few weeks ago.

Brief summary of significant agency activities that will continue during a lapse:

Pipeline Safety activities funded by other than annual appropriations.
Investigations of hazardous materials accidents to determine the causes and circumstances of failure, the need for corrective action, and any non-compliance that might have contributed to the accident.
Inspections of hazardous materials shippers, carriers, testing facilities, and cylinder reconditioning facilities to detect and remediate safety concerns and determine compliance with the hazardous materials safety regulations.
Enforcement of the hazardous materials safety regulations through the issuance of enforcement actions or development of evidence for civil and criminal penalty actions and other authorized enforcement activities, to the extent necessary to address imminent hazards to the safety of human life and the protection of property.
Hazardous Materials approvals and permits only for emergencies that imminently threaten the safety of human life and the protection of property.
Payments of Emergency Preparedness Grants.

Brief summary of significant agency activities that will cease during a lapse:

Hazardous Materials Program Development
Hazardous Materials Standards and Rulemaking
Hazardous Materials Engineering and Research
Hazardous Materials Approvals and Permits (except for emergency)
Hazardous Materials Outreach, Training and Grants (except for intermittent support to make timely payments to grantees)
Hazardous Materials Special Investigations
Hazardous Materials Training and Qualifications
Hazardous materials grants benefitting emergency first responders and localities that would be funded from new registration fee collections.
Hazardous Materials registration program and registration fee collections.

Let’s hope this shutdown doesn’t last much longer and we can return to our normal activities sooner rather than later. The full plan for operations during the shutdown can be found HERE.

Do you have questions about the Regulations? Contact ICC Compliance Center 1-888-442-9628 (U.S.) or 1-888-977-4834 (Canada) if you have questions regarding the regulations in general or need products to help you comply.