Mexico

Mexico Regulatory Information

PHMSA - Mexican Standards and Guidance 

PHMSA - Guidance for Transporting Hazardous Materials to Mexico (information also included below)

PHMSA - Instructions for Downloading Official Mexican Standards in Spanish

 

Mexico Regulatory Updates:

August 2024:

Included below is a summary of updates on recent publications and status of pending rulemakings on NOMs.

Note: “PROY” indicates draft and waiting for official publication in the official gazette (DOF).

  • NOM-002-SCT-SEMAR-ARTF/2023 (Hazmat table)
    • Published in the DOF (Official Gazette) in December 2023
    • This update brought NOM-002 in alignment with the UN Model Regulation 2022 Ed. from 2011; adding the new UN numbers, proper shipping names, and packing instructions that had been added at the UN since 2011. For example: UN3268, Safety Devices and packing instructions for lithium batteries.
  • NOM-002-1-SCT-SEMAR-ARTF-2023 (Packaging Instructions)
    • Published in DOF (Official Gazette) in July 2024
    • This update brought NOM-002-1 in alignment with the UN Model Regulations 2022 Ed. from 2009.
    • This update included a lot of changes and missing packing instructions that are now incorporated, for example:
      • Lithium batteries, packing instructions added:
        • P908
        • P909
        • P910
        • P911
        • LP903
        • LP904
      • Medical waste, category A, affecting humans, solid or Medical waste, category A, affecting animals only, solid, packing instructions added:
        • P622
        • LP622
      • Ammonium nitrate emulsion or Ammonium nitrate suspension or Ammonium nitrate gel, intermediate for blasting explosives, packing instruction added:
        • P505
      • Polyester resin kit, solid base material, packing instruction added:
        • P412
      • Gases packing instructions added:
        • P205
        • P206
        • P207
        • P208
  • NOM-043-SCT-SEMAR-ARTF-2023 (Hazmat shipping papers)
    • COSTHA provided comments during the working group review on this update in 2022.
    • In December 2023, SICT provided a response to the public comments and the final NOM was published May 2024.
    • This update brought NOM-43 in alignment with the UN Model Regulation 2022 Ed. Including: retention of shipping papers for 3 months, removed the text for requiring “LTD QTY” or “Limited Quantities” and this section now references you must follow the limited quantity requirements in NOM-011.
  • PROY-NOM-011-2-SCT/2023 (Limited Quantities)
    • The proposed rulemaking was published in 2021 under ICT PROY- NOM-011-SCT2/2021 (LTD QTY) to align with UN Model Regulation 22nd ed.
    • COSTHA petitioned SICT to update the requirements and harmonize by removing the requirement for a shipping paper for ground transport.
    • NOM-043 was published for shipping papers to remove the text requiring adding “LTD QTY” or “Limited Quantity”; however, NOM-011 is pending publication – last update from SICT is NOM-011 will be published.
  • PROY-NOM-003-SCT-SEMAR-ARTF-2023 (Marking, labeling & placarding)
    • COSTHA submitted comments to SICT on the pending changes.
    • SICT published a response to public comments Official Gazette link in February 2024
    • The response published by SICT addressed the COSTHA comments including:
      • Update the Recommendations on the Transport of Dangerous Goods of the United Nations (Model Regulation) Twenty-second revised edition, Part 5, Chapters 5.1, 5.2. 5.3 and 5.5;
      • COSTHA recommended update to the International Maritime Dangerous Goods Code (IMDG), Amendment 39-18; SICT would update to Amendment 41-22.
      • Use of the marine pollutant mark to indicate when transport by sea (not by land). It is proposed to include the text where it is indicated that when the goods are only a risk to aquatic life, it does not require the mark of a dangerous substance for the environment when it is transported by land.
      • Harmonization of the Fumigant Warning Mark with the UN Model Regulations specimen.
  • NOM-006-SCT-2-2023 (Unit inspection)
    • Published in DOF (Official Gazette) in May 2024.
    • This NOM is specific to carrier operations.
  • The unit inspection (pre-transport) NOM added a statement that the unit inspection is no longer applicable for Excepted quantities and Limited quantities shipments.
    • The shipper must now sign an inspection log to validate the carrier did the inspection. 5.4.1 The shipper must confirm by signing the Log that it has been reviewed and filled out.
    • Carriers must maintain copies retention for minimum of 3 months.

Outstanding pending appointment of General Director of Standards and Technical Specifications and Safety for Transport

  • NOM-000-SCT-2022 – Hazardous Materials Classification
  • NOM-010-SCT-2-2023 – Segregation and Compatibility
  • COSTHA staff represented members during the initial working group sessions held February and March 2023. COSTHA provided clarifications and information from 49CFR. The information is currently under review. This NOM work is pending awaiting appointment of SICT leadership.
  • NOM-051-SCT-2-2023 – Infectious Substances

 

- - - - - -

July 2024 Updates:

NOM-002-1-SCT-SEMAR-ARFT-2023 (Packing Instructions) has been published in the official gazette. NOM-002-1-SCT-SEMAR-ARFT are the instructions and use of packaging, intermediate bulk containers (IBC), large packaging, portable tanks, multi-element gas containers and bulk containers for the transport of dangerous goods.

NOM-002-1 has been updated to the United Nations Model Regulation 22nd Edition.

This Mexican Official Standard will enter into force 180 calendar days after its publication in the Official Gazette of the Federation..

Official Gazette link: DOF - Diario Oficial de la Federación

Significant changes for NOM-002-1-SCT-SEMAR-ARTF-2023 (Packing instructions):

  • Updated to UN Model Regs 22nd edition.
  • Last update was in 2009, a lot of changes and missing packing instructions incorporated, see examples below:
  • Lithium batteries, packing instructions added: P908, P909, P910, P911, LP903, LP904
  • Medical waste, category A, affecting humans, solid or Medical waste, category A, affecting animals only, solid, packing instructions added: P622, LP622
  • Ammonium nitrate emulsion or Ammonium nitrate suspension or Ammonium nitrate gel, intermediate for blasting explosives, packing instruction added: P505
  • Polyester resin kit, solid base material, packing instruction added: P412
  • Gases packing instructions added: P205, P206, P207, P208

Summary of changes to NOM-043-SCT-SEMAR-ARTF-2023 and NOM-006-SCT-2-2023.

Significant changes for NOM-043-SCT-SEMAR-ARTF-2023 (Hazmat shipping papers):

  • Updated to UN Model Regs 22nd edition
  • Including UN Model Regs reference numbers in parentheses
  • EDI (electronic data) will be allowed
  • Removed requirement for limited quantities statement “LIMITED QUANTITIES” or “LTD QTY” (in Spanish), the changes for LTD QTY are available in NOM-011-SCT
  • Added a minimum 3 month retention period for hazmat shipping papers.

NOM-006-SCT-2-2023 (Unit inspection):

Included statement that this NOM is not applicable for Excepted quantities and Limited quantities shipments. New updates:

5.4.1 The shipper must confirm by signing the Log that it has been reviewed and filled out.

  • However, the shipper may perform a new visual inspection of the unit and may even decide not to ship it in accordance with article 114 of the Regulations for the Land Transport of Hazardous Materials and Waste. 5.4.1.1 The shipper is not responsible for the physical-mechanical conditions of the unit, only that the unit has been inspected by the driver. 5.5 The Visual Inspection Log of the Unit will be valid until the conclusion of the trip covered by the Bill of Lading or CFDI of transfer or for up to 48 (forty-eight) hours, whichever occurs first. For those trips that are completed after 48 (forty-eight) hours of the Log being issued, the driver must carry out a visual inspection of the additional unit and generate a new Log, which will be valid for up to 48 (forty-eight) hours or until the conclusion of the trip; and so on.
  • Carriers must maintain copies for a minimum of 3 months.

 

May 2023 Updates: 

NOM-006-SCT-2-2023 has been published in the official gazette. NOM-006 is the basic aspects for the visual inspection of the unit intended for the transport of dangerous goods. It was published on May 23, 2024, will be valid 180 days after its publication. Official Gazette link: DOF - Diario Oficial de la Federación

NOM-043-SCT-SEMAR-ARTF-2023 Published. NOM-043-SCT-SEMAR-ARTF-2023 has been published in the official gazette, has been updated to the UN Model Regulation 22nd edition. The objective of this Official Mexican Standard is to establish the information that the Transport Document must contain, related to the official designation of transport, identification of dangerous goods, their hazards and the declarations that the shipper makes for their transportation. It was published on May 27, 2024, will be valid 180 days after its publication. Official Gazette link: DOF - Diario Oficial de la Federación

The SICT Subcommittee No. 1 "Ground Transport of Hazardous Materials and Residues" held their second 2023 virtual meeting on May 18, 2023. Below is a summary of the topics discussed.

  • Angel Sanchez Tenorio was introduced as the new General Director of Standards and Technical Specifications, replacing Jesus Pablo Mercado.
  • Conclusion of public consultation on the following regulatory NOMS: PROY-NOM-002-1-SCT-SEMAR-ARTF/2021 & PROY-NOM-003-SCT-SEMAR-ARTF-2021.
  • It was notified that the following STANDARDS cannot be concluded this year and by the quality infrastructure law they will be scheduled to be completed in the period of the year 2024:
  • New NOM Classification of Dangerous Goods for transport, NOM-010-SCT2, NOM-051-SCT-2-2023.

Conflict of the Federal Law for the Control of Chemical Precursors, Essential Chemical Products and Machines to Manufacture Capsules, Tablets and/or Tablets with NOM-011-1 and NOM-011.
Analysis: Federal Law for the Control of Chemical Precursors, article 6 & article 16.

If they find any conflict, it could be the case that these NOMS are cancelled.

March 2023: SICT - PROY-NOM-003-SCT-SEMAR-ARTF-2021. SICT project NOM: PROY-NOM-003-SCT-SEMAR-ARTF-2021 has been published in the official gazette. PROY-NOM-003-SCT-SEMAR-ARTF-2021 are marking and labeling of packages containing dangerous goods. This project will consolidate NOM-004, which refers to placarding requirements. The public consultation period ends on May 1. Official gazette link

 

PHMSA - Guidance for Transporting Hazardous Materials to Mexico

The following information is provided as guidance for preparing transborder shipments of hazardous materials. The information is not intended as a means for compliance with U.S. or Mexican regulations but to highlight key information relative to transborder transportation of hazardous materials.


Importing Hazardous Materials

The key to importing hazardous materials into the United States from Mexico is quite simple. All shipments of hazardous materials must comply with the U.S. Hazardous Materials Regulations without exception.


Exporting Hazardous Materials

Hazardous materials shipments exported to Mexico must fully comply with Mexican Regulations, which, as noted previously, are fairly consistent with U.S. Regulations. However, some differences do exist, and the following information is provided as guidance for exporting hazardous materials to Mexico .


Shipping Papers and Emergency Response Information

  • Transborder shipments between the U.S. and Mexico should be accompanied by shipping documents in English and Spanish. When shipping hazardous materials to Mexico, the shipping papers must be provided in Spanish to facilitate hazard communication and for emergency response purposes in the event of a spill or incident. Shipping papers used for transport in the U.S. must be provided in English according to the HMR (see HMR, Subpart C - Shipping Papers; '172.201). To satisfy the emergency response information requirements in the U.S. or Mexico a shipper may attach a copy of the appropriate guide page from Emergency Response Guidebook (ERG) to the shipping papers (any version of the ERG is acceptable). The information must be provided in Spanish when the material is shipped in Mexico and in English when shipped in the U.S. so that emergency responders in each country will be able to understand the appropriate initial response procedures in the event of a hazmat release. The ERG is available in English, French and Spanish (see 
  • Currently many of the domestic shipping descriptions and exceptions identified in the HMR '172.101 Hazardous Materials Table (e.g. descriptions preceded by a "D") are not authorized for use in Mexico. North American (NA) identification numbers are not authorized for use in Mexico. Only proper shipping names and identification numbers indicated in NOM-002-SCT are authorized. NOM-002 is consistent with the 22ND  revised edition of the UN Recommendations, therefore shipping names based on more recent editions of the UN Recommendations may not be acceptable for transport within Mexico .
  • Mexico has no requirement for declaring reportable quantities of hazardous substances.

Labels and Placards

  • For transborder shipments, labels and placards should comply with those specified in the UN Recommendations or the HMR. HMR; '172.401(c)(1) permits labeling in accordance with the ICAO TI, IMDG Code, Transport Canada TDG Regulations and UN Recommendations. Considering that Mexico has adopted the UN labels it is recommended that these be used for transborder shipments. The international regulations authorize, but do not require, the insertion of text (other than the class or division number) in the space below the symbol as long as the text relates to the nature of the hazard or precautions to be taken in handling. If words appear on the placards or labels they may be provided in Spanish as long as the information is provided in the space below the symbol and is restricted to information regarding the risks posed by the material and relevant handling precautions. For international cargo by air, the text of the trademarks may be in the English language. Likewise, the language that is in accordance with the International Agreements may be used. 
  • When shipping Packing Group III poisons a shipper should be aware that the Mexican regulations do not authorize the Stow Away from Foodstuffs label. In this case the Poison or Toxic label should be used.
  • The Mexican standards do not authorize the use of the Dangerous Placard.
  • Many of the domestic labeling exceptions (combustible liquids and 1001 pounds) provided in the HMR are not authorized in the Mexican labeling requirements.
  • The bulk packaging labeling provisions in HMR '172.400 are not consistent in the Mexican labeling standard (NOM-003).
  • The labeling exceptions for 1.4S explosives in HMR '172.230 are also not covered in the Mexican labeling standard (NOM-003).

 

Package Markings 

  • Package markings are consistent except that the proper shipping name should be provided in Spanish in addition to English when the hazmat is transported in Mexico. NOM-002-SCT provides the official Mexican proper shipping names.
  • The "HOT" mark used for elevated temperature materials in the U.S. is not authorized in Mexico. In Mexico the elevated temperature mark provided in the UN Recommendations must be used.
  • The Mexican regulations do not require the marine pollutant mark for surface transportation.

Hazard Classification

  • The Mexican standard regarding the classification of flammable liquids (NOM- 028-SCT/2010) does not incorporate provisions for combustible liquids. Combustible liquid requirements end exceptions only apply in the U.S.
  • Any hazardous material listed in NOM-002 must be considered as subject to the SICT regulations unless specifically excepted in writing by SICT.

Limited Quantities

  • Quantity limits for inner packagings are substantially harmonized, however the Mexican NOM-011 should be consulted to ensure the quantity limits are met.

 

Cargo Tank Truck Requirements

  • Although Mexico intends to adopt the DOT Specification 400 series cargo tank truck requirements, currently 400 series cargo tank requirements have been addressed in the Mexican Standards (NOM-020-SCT).

Training

  • Commercial drivers who transport hazardous materials (hazmat) within the United States must be trained and retrained every three years as a hazardous material employee. Each person who transports or offers for transport hazardous materials, is a hazmat employer or employee. The HMR require hazmat employers to train, test, and maintain records of this training for all their hazmat employees. This includes any employee who has responsibility for preparing hazmat for transportation or for transporting the hazmat shipment.
  • Mexico has similar training requirements for commercial drivers but not for all hazmat employers or employees. Commercial drivers are required to be licensed and tested by the SCT. For U.S. drivers operating within Mexico the CDL with a hazmat endorsement is considered sufficient to meet SCT's driver training and certification requirements.