Aviation - Regulatory Agencies

The Department of Transportation (DOT) is responsible for developing and issuing the HMR. The regulations govern the transportation of hazardous materials in interstate, intrastate, and foreign commerce. The DOT carries out this responsibility through the Pipeline and Hazardous Materials Safety Administration (PHMSA).

The PHMSA is divided into two offices: the Office of Pipeline Safety and the Office of Hazardous Materials Safety (OHMS). The OHMS evaluates safety risks, develops and enforces hazardous materials regulations, issues special permits and approvals, educates shippers and carriers, investigates incidents, and conducts research. The PHMSA also represents the DOT when working with international regulatory agencies regarding air transportation, such as the following:

• International Civil Aviation Organization (ICAO)
• United Nations Subcommittee of Experts on the Transport of Dangerous Goods and on the Globally Harmonized System of Classification and Labeling of Chemicals
• International Atomic Energy Agency (IAEA)

Authority to enforce the HMR is delegated to various agencies within the DOT, including PHMSA, FAA, and ICAO. The Environmental Protection Agency (EPA) also regulates the transport of hazardous materials.

The Federal Aviation Administration (FAA) Office of Hazardous Materials works with the PHMSA to increase safety in air transportation by preventing hazardous materials accidents and incidents aboard aircrafts. The FAA Hazardous Materials Program conducts inspections of repair stations, air carriers, and shippers; implements outreach and education programs; and gathers and analyzes data to find dangerous trends before they can become problems.

The International Civil Aviation Organization (ICAO), a specialized agency of the UN Economic and Social Council (ECOSOC), creates and enforces international law for civil air transportation. The ICAO regulations for dangerous goods are codified in Annex 18 to the Convention on International Civil Aviation and in its Technical Instructions for the Safe Transport of Dangerous Goods by Air. The provisions of the Technical Instructions are adopted into legislation by the State authority responsible for civil aviation, which establishes legal authority. The ICAO Technical Instructions are located in Title 49 of the Code of Federal Regulations, CFR 172.101 and 173.21.

In the United States, the DOT enforces ICAO standards and regulations through the PHMSA. The independent National Transportation Safety Board (NTSB) uses the ICAO standards to make recommendations for future regulations but is not itself a regulatory agency.

To learn more about Aviation HAZMAT visit our DOT Aviation HAZMAT Online Training web page.