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Postal Explorer > Publication 52 - Hazardous, Restricted, and Perishable Mail > 3 Hazardous Materials > 32 General
The U.S. Department of Transportation (DOT) is the federal agency
responsible for regulating the carriage of hazardous materials within the
United States via any mode of transportation (e.g., highway, rail, air, water).
The federal regulations of the DOT are codified in Title 49 Code of Federal
Regulations (49 CFR), which contains the DOT's detailed specifications for
packaging, marking, and labeling hazardous materials. Title 49 CFR also
exempts or establishes other requirements for limited quantities and small
quantities of hazardous materials.
322 Postal Service
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 United States 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 (see
211). As a result, most hazardous materials are nonmailable.
Accordingly, for legal and safety reasons, although mailing standards for
hazardous materials in DMM 601.10 and this publication closely adhere to 49
CFR, the standards also include many additional limitations and prohibitions
and often are more restrictive than the requirements of other commercial
carriers. For example, 49 CFR allows commercial shippers to send
flammable materials by air, but the Postal Service prohibits the mailing of all
flammable materials via air transportation.
Postal Service standards generally limit the mailing of hazardous materials to
ORM-D materials as defined in 333. However, the standards do permit the
mailing of a small number of hazardous materials having a greater handling
and transportation risk than ORM-D materials. This allowance is limited to
the following:
a. Toy propellant devices and safety fuses in Division 1.4S, as permitted
in 341.22 and DMM 601.10.11.2.
b. Toxic substances in Division 6.1 that have an LD50 for oral toxicity of
greater than 5 mg/kg but less than 50 mg/kg, as permitted in 346.231
and DMM 601.10.16.
c. Infectious substances (etiologic agents) and medical wastes in Division
6.2, as permitted in 346.23 and DMM 601.10.17.
d. Radioactive materials in Class 7 that fall within the specific activity
limits permitted in 347 and Exhibit 347.22.
e. Dry ice and magnetized materials in Class 9, as permitted in 349 and
DMM 601.10.20.
323 Mailer Responsibility
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 nonmailable
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 transport of hazardous materials prior to entry as U.S. Mail
and after receipt from the Postal Service is subject to DOT regulations.
For information on how to request a mailability ruling for a specific hazardous
material, see 215.2 and DMM 601.10.6.
325 DOT Hazardous Materials Warning Labels
In commerce, packages containing hazardous materials (except those
qualifying as ORM-D material or a limited quantity shipment) must display the
appropriate DOT diamond-shaped hazardous materials warning label. Any
mailpiece bearing, or required under 49 CFR to bear, one of the warning
labels shown in Exhibit 325a is prohibited from mailing. The warning labels
shown in Exhibit 325b may appear only on mailpieces containing mailable
hazardous materials that require use of the label under Postal Service
requirements.
(The labels shown in the exhibits are not shown to size. DOT warning labels
must meet the size and color requirements in 49 CFR 172.407 through
172.446.)
Exhibit 325a
DOT Hazardous Materials Warning Labels: PROHIBITED IN THE MAIL
Exhibit 325b
DOT Hazardous Materials Warning Labels: PERMITTED ON MAILABLE HAZARDOUS MATERIALS
326 Shipping Papers
A shipping paper is defined as a shipping order, bill of lading, waybill,
manifest, or any other document used to identify a hazardous material being
offered for transport. The requirements on how to properly prepare shipping
papers are detailed in 49 CFR 172.200 through 172.204. The shipping paper
must be affixed to the outside of the mailpiece. A plastic envelope or carrier
can be used for this purpose. The following conditions also apply:
a. Air Transportation. Most mailable hazardous materials (including
ORM-D materials) must be accompanied by a shipper's declaration for
dangerous goods (shipping paper). The document must be properly
completed and signed in triplicate by the mailer. A sample form is
shown in Exhibit 326. To determine which mailable hazardous materials
require a shipping paper when sent via air transportation, refer to the
appropriate sections in this chapter, the appropriate Packaging
Instruction in Appendix C, and DMM 601.10.
b. Surface Transportation. Certain mailable hazardous material other than
an ORM-D material may require a properly prepared shipping paper. To
determine which mailable hazardous materials require a shipping paper
when sent via surface transportation, refer to the appropriate sections
in this chapter, the appropriate Packaging Instruction in Appendix C,
and DMM 601.10.
Neither DOT nor the Postal Service makes blank shipper's declaration forms
available to shippers of hazardous materials. It is the responsibility of the
shipper to obtain forms meeting the format specifications in 49 CFR from
commercial printers, vendors, or internet retailers. The shipper is also
responsible for properly completing the form prior to mailing.
Exhibit 326
Shipper's Declaration for Dangerous Goods (Sample Form)
a. Air Transportation. Mailable hazardous materials eligible for air
transportation must be sent as Express Mail, Priority Mail, or
First-Class Mail, as permitted. Mailpieces must be prepared to meet all
requirements that apply to air transportation. Mailpieces must be
properly packaged and labeled within DMM requirements and the
operator variations of the air carrier. When required, a shipper's
declaration for dangerous goods must be affixed to the outside of the
mailpiece. Refer to the Technical Instructions for the Safe Transport of
Dangerous Goods by Air of the International Civil Aviation Organization
(ICAO) for air carrier operator variations.
Note: Mailable hazardous materials that are prohibited from air
transportation may not be sent at Express Mail, Priority Mail, or
First-Class Mail rates.
b. Surface Transportation. All mailable hazardous materials eligible to be
sent at Standard Mail rates must be prepared under the requirements
that apply to surface transportation. A mailpiece containing mailable
hazardous material with postage paid at a Standard Mail rate must not,
under any circumstance, be transported on air transportation.
The following types of hazardous materials are prohibited from transport via
aircraft (i.e., at Express Mail, Priority Mail, or First-Class Mail rates) under
any circumstances:
a. Explosives other than Division 1.4S, small rocket motors, igniters, and
safety fuse.
b. Anything susceptible to damage or that can become harmful because
of changes in temperature or atmospheric pressures unless protected
against the effects of such changes.
c. Magnetic material that has a field strength sufficient to cause a
compass deviation at a distance of 7 feet or more from any point on the
outer packaging.
d. Flammable materials (gases, liquids, and solids).
e. Radioactive materials.
f. Hazardous materials excluded from air shipment by the regulations of
49 CFR 100-185, or by the applicable country or air carrier operator
variations.
Appendix A, "Hazardous Materials Table: Postal Service Mailability Guide,"
contains a modified version of the DOT Hazardous Materials Table found in
49 CFR 172.101. Appendix A lists the hazardous materials from 49 CFR and
identifies eligibility for mailing in the domestic mail via air and surface
transportation. The table can be used to determine the mailability of a
hazardous material if the proper shipping name of the material is known.
When only the UN number is known, Appendix B, "Numerical Listing of
Proper Shipping Names by Identification (ID) Number," can be used to locate
a proper shipping name for cross referencing back to Appendix A.
The mailability information in Appendix A is based on DMM 601.10, the
guidelines in this publication, and past Postal Service mailability rulings. The
table does not include specific information for international mail because
almost all hazardous materials are prohibited in international mail. See
Chapter 6 for the specific requirements that apply to international mail.
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