[Federal Register Volume 72, Number 193 (Friday, October 5, 2007)]
[Rules and Regulations]
[Pages 56901-56903]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-19051]


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POSTAL SERVICE

39 CFR Part 111


New Standards for Mailing Lithium Batteries

AGENCY: Postal Service.

ACTION: Final rule.

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SUMMARY: The Postal ServiceTM is revising the standards for 
mailing lithium and lithium-ion batteries. The new standards identify 
all small consumer-type lithium batteries as mailable when properly 
packaged and labeled.

DATES: Effective Date: October 5, 2007.

FOR FURTHER INFORMATION CONTACT: Bert Olsen, 202-268-7276.

SUPPLEMENTARY INFORMATION:

Background

    We published a proposed rule in the Federal Register (72 FR 20463, 
April 25, 2007) to revise the standards for mailing lithium and 
lithium-ion batteries. The standards published in the proposed rule and 
adopted in this final rule, are consistent with, yet slightly more 
restrictive than, Department of Transportation (DOT) and International 
Air Transportation Association (IATA) regulations for transportation of 
lithium batteries. The new proposed standards provide clearer guidance 
to mailers and postal employees regarding the mailability of consumer-
type lithium batteries than current standards provide.

Comments Received

    We received comments from two trade associations which were 
generally supportive of the proposed standards. Their comments and our 
responses follow:
    1. Comment: Do not limit the weight of a mailpiece containing 
lithium-ion batteries.
    Within DOT regulations, the Postal Service agrees not to limit the 
weight of a mailpiece containing lithium-ion batteries since the 
proposed rule additionally limits the maximum allowable gram 
equivalency to 8 grams per battery and the maximum number of batteries 
per mailpiece to 3. The gram quantity restriction per cell and battery, 
and the restriction on the number of batteries per mailpiece, ensures 
compliance with DOT regulations. Therefore, the final rule does not 
contain a maximum mailpiece weight limit for packages containing 
lithium-ion batteries.
    2. Comment: Do not restrict the number of lithium-ion batteries to 
the number of batteries needed to operate the device.
    Within DOT regulations, the Postal Service agrees not to limit the 
number of lithium-ion batteries that can be mailed to the number of 
batteries needed to operate the device since the proposal already 
limits the number of batteries per mailpiece to 3. Therefore, the final 
rule does not restrict the number of lithium-ion batteries to the 
number needed to operate the device but rather limits the number of 
lithium-ion batteries per mailpiece to 3.
    3. Comment: Do not restrict the mailing of primary lithium 
batteries to those only in their original retail packaging.
    The Postal Service believes that the requirement to mail primary 
batteries in the original packaging offers assurance of adequate 
primary packaging. However, we are changing the final rule to read, 
``in the originally sealed packaging'' regardless of the source of the 
packaging to allow for originally sealed packaging from sources other 
than retailers.
    4. Comment: USPS required labeling: ``Surface Mail Only,'' in 
addition to DOT labeling: ``Primary Lithium Batteries--Forbidden for 
Transportation Aboard Passenger Aircraft,'' is redundant and will add 
to the cost of the label.
    The Postal Service believes labels that read ``Surface Mail Only'' 
are known to postal employees and quickly recognized. Therefore, the 
final rule adopts the standards to require labeling as published in the 
proposal.
    5. Comment: USPS should not require package labeling in excess of 
current DOT requirements.
    DOT has announced their revised labeling requirements will be 
effective January 1, 2008. Postal labeling requirements will reflect 
DOT changes. In addition, the Postal Service believes that requiring 
labeling of mailpieces containing secondary as well as primary 
batteries and cells is a cautionary measure that identifies the content 
of the package. Therefore, the final rule adopts the standards to 
require labeling as published in the proposal.
    6. Comment: Mailpieces containing primary lithium batteries should 
not be limited to 5 pounds. The DOT weight limit is 11 pounds of 
batteries in a shipping container and the Postal Service should adopt 
the same requirements.
    The Postal Service believes it is not practical for postal 
personnel to discern the aggregate weight of batteries within a 
mailpiece. We believe that mailpieces containing individual batteries 
(batteries not packed with or installed in equipment) should not exceed 
5 pounds. However, we recognize that when batteries are packed with or 
contained in devices, the devices themselves could easily account for 
the majority of the weight of a mailpiece and easily exceed 5 pounds. 
Therefore, the final rule adopts a 5 pound maximum mailpiece weight 
limit when primary batteries are not packed with or installed in the 
devices they operate and an 11 pound mailpiece weight limit when 
batteries are packed with or installed in the device they operate.
    7. Comment: Do not prohibit damaged or recalled batteries from 
being mailed.
    The Postal Service is not prohibiting the mailing of damaged or 
recalled batteries, but rather we are requiring that these batteries be 
mailed only with prior approval from the manager, Mailing Standards. 
Therefore, the final rule adopts the standard for mailing damaged or 
recalled batteries as published in the proposed rule.
    Lithium batteries other than small consumer-type batteries remain 
nonmailable.
    We adopt the following amendments to Mailing Standards of the 
United States Postal Service, Domestic Mail Manual (DMM), incorporated 
by reference in the Code of Federal Regulations. See 39 CFR 111.1, 
111.4.

List of Subjects in 39 CFR Part 111

    Administrative practice and procedure, Postal Service.

0
Accordingly, 39 CFR part 111 is amended as follows:

PART 111--[AMENDED]

0
1. The authority citation for 39 CFR part 111 continues to read as 
follows:

    Authority: 5 U.S.C. 552(a); 39 U.S.C. 101, 401, 403, 404, 414, 
416, 3001-3011, 3201-3219, 3403-3406, 3621, 3626, 5001.


0
2. Revise the following sections of the Mailing Standards of the United 
States Postal Service, Domestic Mail Manual (DMM), as follows:
* * * * *

600 Basic Standards for All Mailing Services

601 Mailability

* * * * *

[[Page 56902]]

601.10 Hazardous Materials

* * * * *

10.20 Miscellaneous Hazardous Materials (Hazard Class 9)

* * * * *
    [Add new 10.20.5 to read as follows:]

10.20.5 Primary Lithium (Non-Rechargeable) Cells and Batteries

    Small consumer-type primary lithium cells or batteries (lithium 
metal or lithium alloy) like those used to power cameras and 
flashlights are mailable with the following restrictions. Each cell 
must contain no more than 1.0 gram (g) of lithium content per cell. 
Each battery must contain no more than 2.0 g aggregate lithium content 
per battery. Additionally, each cell or battery must meet the 
requirements of each test in the UN Manual of Tests and Criteria, Part 
III, and subsection 38.3 as referenced in DOT's hazardous materials 
regulation at 49 CFR 171.7. All primary lithium cells and batteries 
must be mailed within a firmly sealed package separated and cushioned 
to prevent short circuit, movement, or damage. Except for batteries 
installed in equipment, they must be in a strong outer package. All 
outer packages must have a complete delivery and return address. 
Primary lithium cells and batteries are mailable as follows:
    a. Via surface transportation when the cells or batteries (not 
packed with or installed in equipment) are ``in the originally sealed 
packaging.'' They are forbidden aboard passenger aircraft. The outside 
of the package must be marked on the address side ``Surface Mail Only, 
Primary Lithium Batteries--Forbidden for Transportation Aboard 
Passenger Aircraft.'' The mailpiece must not exceed 5 pounds.
    b. Via surface or air transportation when the cells or batteries 
are properly packed with or properly installed in the equipment they 
operate and the mailpiece has no more than the number of batteries 
needed to operate the device. Cells or batteries properly installed in 
the device they operate must be protected from damage and short 
circuit, and the device must be equipped with an effective means of 
preventing accidental activation. The outside of the package must be 
marked on the address side ``Package Contains Primary Lithium 
Batteries.'' The mailpiece must not exceed 11 pounds.
    [Add new 10.20.6 to read as follows:]

10.20.6 Secondary Lithium-ion (Rechargeable) Cells and Batteries

    Small consumer-type lithium-ion cells and batteries like those used 
to power cell phones and laptop computers are mailable with the 
following restrictions. Each cell must contain no more than 1.5 g of 
equivalent lithium content per cell. Each battery must contain no more 
than 8.0 g aggregate quantity of equivalent lithium content per 
battery. Additionally, each cell or battery must meet the requirements 
of each test in the UN Manual of Tests and Criteria, Part III, and 
subsection 38.3 as referenced in the DOT's hazardous materials 
regulation at 49 CFR 171.7. All secondary lithium-ion cells and 
batteries must be mailed in a firmly sealed package separated and 
cushioned to prevent short circuit, movement, or damage. Except for 
batteries installed in equipment, they must be in a strong outer 
package. All outer packages must have a complete delivery and return 
address. These cells and batteries are mailable as follows:
    a. Via surface or air transportation when individual cells or 
batteries are mailed or when properly packed with or properly installed 
in the equipment they operate. Cells or batteries properly installed in 
the device they operate must be protected from damage and short 
circuit, and the device must be equipped with an effective means of 
preventing accidental activation. The outside of the package must be 
marked on the address side ``Package Contains Lithium-ion Batteries (no 
lithium metal).''
    b. The mailpiece must not contain more than 3 batteries.
    [Add new 10.20.7 to read as follows:]

10.20.7 Damaged or Recalled Batteries

    Damaged or recalled batteries are prohibited from mailing unless 
approved by the manager, Mailing Standards.
* * * * *
    [Add new Exhibit 10.20.7 as follows:]

                               Exhibit 10.20.7.--Lithium Battery Mailability Chart
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    Primary lithium batteries
(small non-rechargeable consumer-       Surface       Air transportation   Mailpiece weight   International APO/
         type batteries)            transportation                               limit                FPO
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Without the equipment they        Mailable..........  Prohibited........  5 lb..............  Prohibited.
 operate (individual batteries).
Packed with equipment but not     Mailable..........  Mailable..........  11 lb.............  Mailable.
 installed in equipment.
Contained (properly installed)    Mailable..........  Mailable..........  11 lb.............  Mailable.
 in equipment.
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    Note 1: Each primary cell must not contain more than 1g lithium 
content.


    Note 2: Each primary battery must not contain more than 2 g 
lithium content.


----------------------------------------------------------------------------------------------------------------
 Secondary lithium-ion batteries
  (small rechargeable consumer-         Surface       Air transportation   Mailpiece battery  International APO/
         type batteries)            transportation                               limit                FPO
----------------------------------------------------------------------------------------------------------------
Without the equipment they        Mailable..........  Mailable..........  no more than 3      Mailable.
 operate (individual batteries).                                           batteries.
Packed with equipment but not     Mailable..........  Mailable..........   no more than 3     Mailable.
 installed in equipment.                                                   batteries.

[[Page 56903]]

 
Contained (properly installed)    Mailable..........  Mailable..........   no more than 3     Mailable.
 in equipment.                                                             batteries.
----------------------------------------------------------------------------------------------------------------


    Note 3: Each secondary cell must not contain more than 1.5 g 
equivalent lithium content.


    Note 4: Each secondary battery must not contain more than 8 g 
equivalent lithium content.


    Note 5: For secondary batteries (lithium-ion) there is a limit 
of 3 batteries per mailpiece.

601.11 Other Restricted and Nonmailable Matter

* * * * *

11.17 Battery-Powered Devices

    [Revise the first sentence in 11.17 to read as follows:]
    Cells or batteries properly installed in equipment must be 
protected from damage and short circuit and equipment or devices 
containing cells or batteries must include an effective means of 
preventing accidental activation.* * *
* * * * *

Neva R. Watson,
Attorney, Legislative.
 [FR Doc. E7-19051 Filed 10-4-07; 8:45 am]
BILLING CODE 7710-12-P