The transition period for Consumer Commodity, ORM-D has been extended until December 31, 2020. That’s right, 2020! Pipeline Hazardous Materials Safety Administration (PHMSA) ushered in the New Year with resolutions of extended grace periods. Consumer Commodity, ORM-D was expected to disappear December 31, 2013. This extension does not apply to Consumer Commodity, ORM-D-AIR that concluded with 2012.
Consumer Commodity, ORM-D was supposed to end December 31, 2013. Some companies have already transitioned to limited quantity and that is compliant as well. For the next 7+ years, companies can use Consumer Commodity, ORM-D or limited quantity rules for their ground, rail and vessel shipments.
If you have any questions on this or other hazmat issues, please let us know. 704-573-0955 or by email, firstname.lastname@example.org.
On shipping papers, the basic description identifies the shipment as hazardous and conveys specific information, which is gathered from tables in the hazardous materials regulations.
The order of the basic description must be:
Proper shipping name and if required, technical name,
Hazard class, and
Packing group, if applicable.
International shipments changed to this order several years ago and it has been permissive in the United States. The old order, beginning with the proper shipping name cannot be used after December 31, 2012.
If you have questions about hazardous materials shipping papers, please let us know 704-573-0955 or email@example.com.
Remember that Consumer Commodity, ORM-D-AIR ended December 31, 2012. Packages will be rejected if they bear the proper shipping name Consumer Commodity, ORM-D-Air.
These packages must be reclassified as limited quantity or as a fully regulated hazardous material. Consumer Commodity, ORM-D-AIR and limited quantity are NOT equal. This change to the regulations cannot be complied with by simply applying a new marking to the box.
EVERY product that was shipped as Consumer Commodity, ORM-D-AIR must be reclassified. If your company needs assistance with reclassification, please let us know at 704-573-0955 or firstname.lastname@example.org
Just wanted to remind everyone that as of January 1st, 2013, the new Cargo Aircraft Only (CAO) label must be the only one used. Be sure to use the new CAO label with the words “Cargo Aircraft Only” at the top instead of the word “Danger”.
Toss those old labels! If you have any questions or need help with a dangerous goods shipment, please let us know at 704-573-0955 or email@example.com.
Are different rules really needed? by Ken Holloway
Last month, USDOT PHMSA issued an Advanced Notice of Proposed Rulemaking. We blogged about this on July 5th and you can read that post here.
This notice asks for comments. This is your chance to make your opinion known. Comment or accept what others think is best for you and your company.
The stated purpose is to “identify possible ways to reduce the regulatory burden on retail outlets that ship consumer products containing hazardous materials in the reverse logistics supply chain”. Remember, what DOT or any other government agency thinks is better or easier may not always be better or easier. The IRS 1040EZ Form is 2 pages but comes with a 42 page instruction booklet.
This rulemaking deals NOT only with retail companies but consumers. Most consumers do not have any idea that what they want to return might be hazardous in transportation. Many consumers would not think twice about the little bit of fuel in the broken chainsaw they want to return.
Speak up before October 3, 2012 or someone in your company, probably a customer service person, may be required to do additional work. Think about if we really need a new set of rules applicable only to “reverse logistics”. Our feeling is that we already have all the regulations in place but just need to tell consumers what to do when they ship hazardous materials back to where they got them from.
The Hazardous Materials Regulations already require all offerors of hazardous materials to follow the regulations which includes training of hazmat employees. Shouldn’t the seller be responsible for providing instructions and necessary shipping materials to safely return the product they sold or otherwise transported to consumers? Who is more knowledgeable – the consumer or the company who shipped the product to the consumer? If the consumer wants a refund or replacement, they normally contact whomever they bought the product from. Normally, customer service provides a return authorization and instructions on how to return the product. Our company believes that the product customer service group should provide the necessary instructions to return the product safely makes the most sense.
Here is a link if you want to comment on this rulemaking. Safety Specialists will be submitting comments based on discussions with our customers. If you like to discuss this with us, please let us know and we will be happy to discuss this with you.
On July 5, 2012, PHMSA issued an advanced notice of proposed rulemaking (ANPRM) on reverse logistics. These proposed rules will effect reverse logistics operations including customer returns. Get your copy of the notice here.
SUMMARY: PHMSA is publishing this ANPRM to identify ways to reduce the regulatory burden for persons who ship consumer products containing hazardous materials in the ‘‘reverse logistics’’ supply chain. Reverse logistics is the process that is initiated when a consumer product goes backwards in the distribution chain. It may be initiated by the consumer, the retailer, or anyone else in the chain. Therefore, the process may involve consumers, retailers, manufacturers, and even disposal facilities. its comments and input on several questions in the context of reverse logistics.
Any comments, data, and information received will be used to evaluate and shape the proposals in the NPRM. Comments must be received by October 3, 2012. See Federal Register notice for instructions on submitting comments.
The U.S. Post Office prohibited lithium batteries in their international mail service effective May 16, 2012, This includes lithium batteries/cells and devices containing lithium batteries. All lithium batteries even small batteries like watch batteries and ALL devices containn lithium batteries even watches are prohibited. This provision includes mailing lithium batteries in device to and from APO, FPO or DPO. However this does not apply to points within the US and its territories.
This action was necessary because the ICAO Regulations do not permit mailing of lithium batteries/cells or devices in international air at this time. The US Post Office is hopeful that it will be able to restore it international mailing for lithium batteries when the ICAO’s International Regulations become effective and allow for this on January 1, 2013. Refer to our previous blog post on ICAO Proposed Lithium Battery changes.
A copy of the US Post Office final rule can be found here.
If you have questions regarding lithium batteries, please let us know and we will be happy to assist you. We can be reached at (704) 573-0955.