42 Spray May 2016 Steven Charles Hunt President, ShipMate, Inc. From here to there: Topics in Transportation Hold the Presses! DOT publishes final Reverse Logistics Rule The U.S. Dept. of Transporation’s (DOT) Pipeline & Hazardous Materials Safety Administration (PHMSA) recently published the long awaited Reverse Logistics Final Rule, HM-253. This rulemaking will have a significant impact on most of the readers of this article. PHMSA is adopting regulatory amendments applicable to the reverse logistics shipments of certain hazardous materials by highway transportation. This final rule revises the Hazardous Materials Regulations (HMR) to include a definition of “reverse logistics” and provides appropriate provisions for hazardous materials within the scope of this definition, most notably, this final rule. As a result of investigative activities conducted by its field operations staff, PHMSA identified a need to consider regulatory amendments to specifically address the unique issues encountered by this distinct and limited segment of the supply chain. Some of the unique problems that can occur during the reverse logistics of hazmat that have been identified include: • Lack of knowledge regarding the risks of transporting certain products; • Lack of hazmat training by employees at a retail store; • Difficulty in applying hazmat regulations to reverse logistics shipments; • Different packaging(s) other than the original packaging being used to ship the material; • The potential for hazmat to be subject to U.S. Environmental Protection Agency (EPA) waste manifest rules; and • Inclusion of items once classified as consumer commodities that no longer meet the “consumer commodity” definition. In order to reduce undeclared, misdeclared or improperly packaged hazardous materials from being offered and transported in commerce, PHMSA amended the HMR to better address the reverse logistics supply chain. Specifically, PHMSA intends to ensure that retail employers properly identify hazardous materials in the reverse logistics chain and ensure that their employees have clear instructions on how to safely offer such shipments. PHMSA also wants to ensure that these shipments are not inadvertently entered into air transportation—a mode of transportation where clear hazard communication is critical. Definition PHMSA has defined “Reverse Logistics” as “…the process of offering for transport or transporting by motor vehicle goods from a retail store for return to its manufacturer, supplier or distribution facility for the purpose of capturing value (e.g., to receive manufacturer’s credit), recall, replacement, recycling or similar reason. This definition does not include materials that meet the definition of a hazardous waste as defined in this section.” 49 CFR § 173.63 was amended to include a new subsection, 49 CFR § 173.63(d), which states that “Hazardous materials meeting the definition of ‘reverse logistics’ under § 171.8 of this subchapter and in compliance with paragraph (b) of this section may be offered for transport and transported in highway transportation in accordance with § 173.157.” Reverse Logistics Exceptions A new section, 49 CFR § 173.157, has been crafted and outlines general requirements and exceptions for reverse logistics shipments. The new regulatory test is: § 173.157 Reverse logistics: General requirements and exceptions for reverse logistics. (a) Authorized Hazardous Materials. Hazardous materials may be offered for transport and transported in highway transportation under this section when they meet the definition of reverse logistics as defined under § 171.8 of this subchapter. However, hazardous materials that meet the definition of a hazardous waste as defined in § 171.8 of this subchapter are not permitted to be offered for transport or transported under this section. Hazardous materials authorized for transport according to a special permit as defined in § 171.8 of this subchapter must be offered for transportation and transported as authorized by the special permit. (b) When Offered for Transport or Transported by Non-Private Carrier. Hazardous materials must be both authorized for limited quantity provisions as well as explicitly authorized for reverse logistics transportation under their applicable limited quantities section. Except for alternative training provisions authorized under paragraph (e) of this section, all hazardous materials must otherwise meet the requirements for a limited quantity shipment. (c) When Offered for Transport or Transported by Private Carrier. Hazardous materials are authorized under paragraph (b) of this section or are subject to the following limitations: (1) Division 1.4G materials offered for transport and transported in accordance 58 with § 173.65 of this subchapter. (2) When sold in retail facilities; Division 1.4G or 1.4S fireworks, Division 1.4G ammunition, or Division 1.4G or 1.4S flares. Shipments offered for transport or transported under this subparagraph are limited to 30 kg (66 pounds) per package. All
Spray May 2016
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