{"operation":"document","citation":"16-0158","title":"PRI International, Inc. — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2016-10-11","effective_on":null,"summary":"16-0158 response to PRI International, Inc. concerning 173.157.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-16-0158.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-16-0158.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-16-0158","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2016/160158.pdf","body":"<<<PAGE 1>>>\n\nof Transportation\nU.S. Department\n1200 New Jersey Avenue, SE\nMaterials Safety\nPipeline and Hazardous\nWashington, D.C. 20590\nAdministration\nOCT I 1 2016\nMr. Vincent Vitollo\nThe Journal of Hazmat Transportation\nPresident and Publisher\nPRI International, Inc.\n404 Price Street\nWest Chester, PA 19382\nReference No. 16-0158\nDear Mr. Vitollo:\nThis letter is in response to your August 26, 2016, letter requesting clarification of the\nHazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to reverse\nlogistics. Specifically, you ask about regulatory language that was proposed in the HM-253\nNotice of Proposed Rulemaking (NPRM) published on August 11, 2014 [79 FR 46748].\nYou note that the NPRM included proposed language in § 173.157 stating:\nWhen transported by motor vehicle in conformance with this section, a hazardous\nforth and referenced in this section.\nmaterial is not subject to any other requirements of this subchapter besides those set\nYou further note that the sentence was not included in the HM-253 final rule published on\nMarch 31, 2016 [81 FR 18527]. Therefore, you seek comment on your literal reading of the\nHM-253 final rule, which is that shipments made by private carriers under § 173.157(c) would\nbe subject to training requirements under Subpart H, Shipping Papers, Labeling, Marking, and\nPlacarding.\nYou are correct that the Pipeline and Hazardous Safety Administration (PHMSA) removed the\ncited language from the HM-253 final rule. In drafting the final rule, PHMSA determined that\nseparate conditions would be allowed for reverse logistics shipments made by private carrier\nversus non-private carrier. This modification sought to ensure that reverse logistics shipments\nmade by non-private carrier could not be transported by aircraft. When addressing shipments\nby rard private heret, sitid quare revered to this is sted means arsen excepted from cable.\nby non-private carrier\nlogistics limited\ntraining, labeling, and placarding requirements. Therefore, shipments made as reverse\n\n<<<PAGE 2>>>\n\nquantity shipments would only require a limited quantity marking and the limited training\nrequirements as outlined in the reverse logistics section. PHMSA intended to include in the\nfinal rule these same exceptions for private carriers, but as you note, the language was not\nspecifically stated in § 173.157(c). PHMSA will work to clarify this language in a future\nrulemaking.\nI hope this information is helpful. Please contact us if we can be of further assistance.\nSincerely,\nlenn Faster\nT. Glenn Foster\nChief, Regulatory Review and Reinvention Branch\nStandards and Rulemaking Division\n\n<<<PAGE 3>>>\n\nAndrews\n5/73.157\nThe Journal Of\nHAZMAT\nFormerly Hazmat Packager & Shipper\net\nCompliance • Sucurity • Safuly\nTransportation\nFor All Modes of Transport\nPA 19382\nReverse logistics\nhip.com\n16-0158\nAugust 26, 2016\nU.S. Department of Transportation\nPipeline and Hazardous Materials Safety Administration\n1200 New Jersey Avenue, SE\nWashington, D.C. 20590\nQuestion for the PHMSA:\nDear Sir or Madam:\nIt has been brought to our attention that PHMSA in issuing its HM-253 final rule on reverse\nlogistics on March 31, 2016 omitted an important sentence that appeared in the HM-253\nNPRM. The proposal in PHMSA's NPRM dated August 11, 2014, included a proposed first\nparagraph of 173.157 with the heading \"General\" that included a sentence saying:\n\"When transported by motor vehicle in conformance with this section, a hazardous\nmaterial is not subject to any other requirements of this subchapter besides those set forth\nor referenced in this section.\"\nWe note that this sentence was not included in the final rule. In our opinion, this was an\nimportant part of 173.157, because it signaled that, if you met the requirements of 173.157, you\nwere not required to meet all the other parts of the HMR normally applicable. It is our reading of\nthe final requirements that by omission of the above sentence any relevant HMR requirement\nthat is not specifically exempted by 173.157 must be met.\nFor reverse logistics shipments under 173.157(c), the result of not including the above quoted\nNPRM sentence seems particularly significant. Absent any sentence to the contrary, it would\nappear the HMR is broadly applicable in the case of the reverse logistics hazmat unde\n173.157(c). Based on our literal reading, requirements that in our opinion appear to apply in th\ncase of reverse logistics, include:\nTraining under Part 172 Subpart H.\nShipping papers\n-\nLabelling and Marking.\nPlacarding. and\nHazmat CDL.\n\n<<<PAGE 4>>>\n\nPipeline and Hazardous Materials Transportation Administration\nAugust 26, 2016\nPage 2\nThis is contrary to what we had understood to be the intent of the HM-253 rulemaking.\nWe would like to discuss this issue in the next edition of the Journal and would appreciate any\ncomment PHMSA could make on this topic.\nSincerely,\nVincent Vitollo\nThe Journal of HazMat Transportation\nPresident & Publisher\nPRI International, Inc.\n(610) 436-8292\nvvitollo@hazmatship.com","truncated":false,"body_characters":5008}