New Proposals in Hazmat Regulation

• Define the term “reverse logistics” as the process of returning goods to or between a vendor, distributor, manufacturer, or other person for the purpose of returning for credit, recalling product, replacement, or similar reason (for instance, from a retail or wholesale outlet). 
• Establish a new section 49 CFR 173.157 to provide an exception for materials that are transported in a manner that meets the definition of ”reverse logistics.” In this exception, PHMSA proposes to clearly identify 1) the hazardous materials authorized, 2) packaging, 3) hazard communication, and 4) training requirements applicable to reverse logistics shipments.
• Expand the existing exception at 49 CFR 173.159 for reverse logistics shipments of used automobile batteries that are being shipped from a retail facility to a recycling center.

• Clear criteria for the technical completeness of applications;
• Standard operating procedures for evaluating whether special permits and approvals provide an equivalent level of safety;
• Standard operating procedures and criteria for evaluating the “fitness” of applicants to fulfill their obligations; and
• Revised definitions for the terms special permit and approval:
  • Special Permit means a document issued by the Associate Administrator, the Associate Administrator’s designee, or as otherwise prescribed in the HMR, under the authority of 49 U.S.C. 5117 permitting a person to perform a function that is not otherwise permitted under the Hazardous Material Regulations.
  • Approval means a written authorization, including a competent authority approval, issued by the Associate Administrator, the Associate Administrator’s designee, or as otherwise prescribed in the HMR, to perform a function for which prior authorization by the Associate Administrator is required under the Hazardous Material Regulations.

Tags: DOT, hazmat shipping, MAP 21, new rules