The Bullet:
Due to the ongoing Coronavirus Disease 2019 (COVID-19) public health emergency, USDOT/PHMSA and USDOT/FMCSA will not take enforcement action against any person operating a CTMV or portable tank that is not more than 90 days beyond its testing or inspection date.
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- Portable Tank
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- Cargo Tank Motor Vehicle
Who:
- The Pipeline and Hazardous Materials Safety Administration within the U.S. Department of Transportation (USDOT/PHMSA).
- The Federal Motor Carrier Safety Administration within the U.S. Department of Transportation (USDOT/FMCSA).
- Department of Health and Human Services (HHS).
What:
Cargo tank motor vehicles (CTMVs) and portable tanks are subject to the following requirements for periodic testing and inspection:
- Per 49 CFR 180.407(a)(1) a CTMV may not be filled with a HazMat and offered for transportation if it has exceeded its periodic test or inspection due date as indicated in §180.407(c).
- Per §180.605(a) a portable tank may not be returned for transportation if it has exceeded its periodic test or inspection due date as indicated in §180.605(c).
The enforcement discretion applies only to the following:
- CTMVs and portable tanks transporting HazMat along Alaska’s state highways.
- CTMVs / portable tanks are no more than 90 days beyond required periodic testing or inspection dates.
USDOT/PHMSA and USDOT/FMCSA will not take enforcement action against any person operating a CTMV or portable tank that is not more than 90 days beyond its testing or inspection date, as required by 49 CFR §§ 180.407(a)(1) and (c), or 180.605(a) and (c).
To qualify for this enforcement discretion a motor carrier must complete the following:
- CTMVs and portable tanks are not more than 90 days beyond the required periodic testing or inspection date.
- Comply with the HMR to the maximum extent practicable.
- Document why COVID-19 travel restrictions make compliance with the periodic testing and inspection regulations impracticable prior to operating CTMVs or portable tanks.
- Make such documentation available for inspection by USDOT/FMCSA or USDOT/PHMSA.
Where:
- This relief applies only to CTMVs and portable tanks transported by highway within the State of Alaska.
- Shipments by other modes of transportation and in other states and territories of the U.S. must meet all requirements of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) unless relief has been provided elsewhere.
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When:
- Date of issuance: May 08, 2020.
- This Notice of Enforcement Discretion is effective as long as the public health emergency due to COVID-19 declared by HHS is in effect, or 90 days from its date of issuance (August 08, 2020).
- UPDATE: July 09, 2020 USDOT/PHMSA announced an extension of this enforcement discretion until October 31, 2020. Read: Notice of Extension of Relief of Requirements for Periodic Tests and Inspections of Cargo tanks and Portable Tanks =within the State of Alaska
Why:
USDOT/PHMSA acknowledges the following:
- The ongoing COVID-19 public health emergency has created travel restrictions throughout the U.S.
- Travel restrictions within the state of Alaska and between Alaska and the contiguous 48 states have reduced the number of available inspectors.
How:
USDOT/PHMSA plays a leading role in the safe transportation of hazardous materials by all modes: highway, rail, air, & vessel. This includes the testing and inspection requirements for CMTVs and portable tanks.
Conclusion:
Yet another example of a regulatory agency providing relief from compliance with full regulations when necessary but in a very limited scope. Make certain your operations comply with all other requirements of the HMR – and the Federal Motor Carriers Safety Regulations (FMCSR) – if you are a motor carrier or a person operating a CTMV or transporting a portable tank. Contact me if you require HazMat Employee Training required by USDOT/PHMSA and Driver Training.