Steven Charles Hunt President, ShipMate, Inc. from here to there: topics in transportation If it absolutely, positively, has to be there overnight—don’t ship it by mail! Few people realize that the requirements for shipping dangerous goods through the U.S. Postal Service (USPS) are generally more restrictive than the U.S. Dept. of Transportation’s (DOT) Hazardous Materials Regulations. The carriage of U.S. Mail by the Postal Service is regulated by Title 39 Code of Federal Regulations (39 CFR) and is not subject to the federal regulations in 49 CFR that apply to commercial carriers. Unlike commercial carriers, the Postal Service is subject to the restrictions in Title 18, U.S. Code §1716 (18 U.S.C. 1716), which prohibits from mailing all matter that is outwardly or of its own force dangerous to life, health, or property. As a result, most hazardous materials are non-mailable. Postal Service Standards The standards for Hazardous, Restricted, and Perishable Mail are found in U.S. Postal Service Publication 52. Although the mailing standards for certain hazardous materials in Domestic Mail Manual (DMM) § 601.10, and those found in Publication 52, closely adhere to many of the requirements found in 49 CFR subchapter C, the USPS standards also include many additional limitations and prohibitions and are often more restrictive than the requirements that apply to commercial carriers. For example, 49 CFR subchapter C allows shippers to send most flammable materials by air, but the U.S. Postal Service prohibits the mailing of all flammable materials (gases, liquids, and solids) via air transportation. However, the USPS does permit the mailing of certain hazardous materials that qualify for reclassification as ORMD, but these articles are restricted to Surface Transport Only and may not be offered for domestic air mail or international surface or domestic mail. The USPS states in Pub. 52, Section 323 that “full responsibility rests with the mailer to comply with all Postal Service and non–Postal Service laws and regulations in the mailing of hazardous material (DMM 601.10.5). Anyone who mails, or causes to be mailed, a non-mailable or improperly packaged hazardous material can be subject to legal penalties (i.e., fines and/or imprisonment), including but not limited to, those specified in 18 U.S.C.” The U.S. Postal Service states in the International Mail Manual (IMM), § 131.4 that “regardless of any statement in this manual or the statement of any employee of the United 36 Spray February 2014 States Postal Service, the burden rests with the mailer to ensure compliance with domestic, international, and individual country rules and regulations for mailability.” Web-Based Shippers Companies that offer hazardous materials products through online auction or shopping websites are strongly cautioned to note that these items are classified as “hazardous material,” and may not be offered for transport by domestic and international airmail. Companies should also be mindful of offering products via these web portals that advertise “free shipping.” In many cases, “free shipping” means international or domestic airmail. Companies are strongly advised to “read the fine print” to make sure that hazardous materials are excluded from these offerings, and that the web store does not permit hazardous materials to be offered for transport by mail, except as authorized by Pub. 52. To illustrate this point, I went onto the websites for a few online auction companies and web stores. In one case, I was able to place an order for a product classified as a flammable liquid from a major online retailer and Priority Mail International was an option. The shipping guide posted on the website stated: • United States Postal Service “All orders are shipped via Priority Mail International and it will be handled & delivered by Royal Mail. Please allow between 5-9 business days to receive your order. As the parcels are sent from U.S. some parcels can take slightly longer due to postal delays. Parcels may also be delayed by customs procedures as customs duty may need additional time to clear the parcels. Please note that we cannot be held responsible for items delayed in the postal system as this is beyond our control.” On another retailer’s website, the shipping policy read: • Restricted Hazardous Items “Certain items considered hazardous materials include aerosols and alcohol-based products (e.g., pressurized spray cans, hairspray, nail polish remover, etc.) and are restricted and required by the U.S. Department of Transportation to be shipped by ground-only transport, due to air transport restrictions and regulations. For these shipments, we recommend Ground at $5.95 if orders are under $50. For P.O. Box addresses, USPS Ground (Parcel Post) is the only shipping method available. Regrettably, these items cannot be shipped to Alaska, Hawaii, or Puerto Rico.”
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