Mexico Publishes New Draft Regulations on the Transportation of Hazardous Substances and Materials

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On February 20, 2023, a draft of Official Mexican Standard (“NOM”) PROY-NOM-002-1-SCT-SEMAR-ARTF/2021 (the “Draft One”) was published on the Official Journal of the Federation (“DOF”) regulating the official list of hazardous substances and materials (hazardous goods), including instructions and use of packaging/containers, intermediate bulk containers (RIG), large packaging/containers, portable tanks, multi-element gas containers and bulk containers for transporting hazardous goods.

Similarly, on March 3, 2023, another draft NOM titled PROY-NOM-003-SCT-SEMAR-ARTF-2021 (the “Draft Two”, and together with Project One, the “Drafts”) was published, which addresses marking and labeling of packages containing hazardous goods, labeling (signage) and marking of transport units and bulk containers that transport hazardous goods.

The two Drafts are designed to increase security in the transport of hazardous goods which move through the different general transit routes under federal jurisdiction in various modes of transportation (land, sea, rail and air).

Currently, the transport of hazardous goods is regulated by other NOMS; however, in contrast to such current NOMS, the Drafts include recommendations on the transit of hazardous goods issued by the United Nations Organization to increase safety during the operations, transportation, and commercialization of hazardous goods in Mexico.

It is important to point out that both Draft One and Draft Two have already been approved by the corresponding Mexican transportation authorities in all four modes of transit, and that the two Drafts have been published in the DOF.  Any interested party may submit comments for consideration by the committees that proposed the Drafts within a period of 60 (sixty) calendar days from their respective publication.

If you have any questions about the scope of the Drafts and/or if you want to submit comments to any of the two Drafts, please do not hesitate to contact the authors.

CCN México Report™

JULY - AUGUST 2023

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