[Federal Register Volume 77, Number 192 (Wednesday, October 3, 2012)]
[Proposed Rules]
[Pages 60334-60339]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-24296]


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POSTAL SERVICE

39 CFR Part 111


New Marking Standards for Parcels Containing Hazardous Materials

AGENCY: Postal ServiceTM.

ACTION: Proposed rule.

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SUMMARY: The Postal Service is proposing to revise Mailing Standards of 
the United States Postal Service, Domestic Mail Manual (DMM[supreg]) 
601.10 to adopt new mandatory marking standards for parcels containing 
mailable hazardous material that will align with the revised 
requirements provided by the Department of Transportation (DOT). This 
proposed rule also provides terminology and categorization changes 
needed to respond to the pending elimination of the ``Other Regulated 
Material'' (ORM-D) category and the partial elimination of the 
``Consumer Commodity'' category by the DOT.

DATES: Submit comments on or before October 23, 2012.

ADDRESSES: Mail or deliver written comments to the manager, Product 
Classification, U.S. Postal Service, 475 L'Enfant Plaza SW., Room 4446, 
Washington, DC 20260-5015. You may inspect and photocopy all written 
comments at USPS[supreg] Headquarters Library, 475 L'Enfant Plaza SW., 
11th Floor North, Washington, DC, by appointment only between the hours 
of 9 a.m. and 4 p.m., Monday through Friday. Call 202-268-2906 in 
advance for an appointment. Email comments, containing the name and 
address of the commenter, may be sent to [email protected], 
with a subject line of ``Hazardous Materials.'' Faxed comments are not 
accepted.

FOR FURTHER INFORMATION CONTACT: Kevin Gunther at 202-268-7208.

SUPPLEMENTARY INFORMATION: The Postal Service proposes to revise DMM 
601.10, and to make corresponding revisions to Publication 52, 
Hazardous, Restricted, and Perishable Mail, chapters 2, 3 and 7, and 
Appendices A and C, to adopt new marking standards for parcels 
containing mailable hazardous materials. These marking standards were 
recently added to the DMM for optional use by mailers, as an 
alternative to the current DMM marking standards for parcels containing 
mailable hazardous materials.
    If this proposal is adopted, the Postal Service will require use of 
these markings on parcels intended for air and surface transportation. 
However, the new markings standards will be deferred for parcels 
intended for surface transportation, to coincide with the delayed 
implementation date for ground transportation proscribed by the DOT. 
The new standards, including proposed implementation dates, are 
summarized below.
    Mailers should note that any other marking or documentation 
requirements not specifically referenced in this proposed rule, 
including the preparation of a properly completed shipper's 
declaration, will not be modified or eliminated by any of the revisions 
described herein.

Background

    On January 19, 2011, the DOT's Pipeline and Hazardous Materials 
Safety Administration (PHMSA) published final rule HM-215K (76 FR 3308-
3389), which harmonized the requirements of the U.S. Hazardous 
Materials Regulations (HMR) with international transport requirements. 
In its Federal Register final rule, PHMSA signaled its intent to, among 
other things, eliminate the ``Other Regulated Material'' (ORM-D) 
classification for all forms of transportation. This change will become 
effective on January 1, 2013 for shipments intended for air 
transportation, and on January 1, 2015 for shipments intended for 
surface transportation.
    In addition to the elimination of the ORM-D category, PHMSA also 
eliminated the ``consumer commodity'' category for products in hazard 
classes 4, 5, and 8, as well as a portion of hazard class 9, for all 
shipments intended for air transportation. This change will become 
effective on January 1, 2013. After this date, the mailability of 
materials previously falling within the ``consumer commodity'' category 
must be evaluated based on its eligibility under the limited quantity 
category in the HMR.
    PHMSA expects that the alignment of the existing limited quantity 
provisions in the HMR with international standards and regulations will 
enhance safety by facilitating a single uniform system of transporting 
limited quantity materials. Because of the inherent risk unique to air 
transportation, PHMSA believes that full harmonization with the 
International Civil Aviation Organization Technical Instructions (ICAO 
TI) is necessary with regard to the materials authorized and the 
guidelines for limited quantities (including consumer commodities) 
intended for transport by air. The ICAO TI also include specific 
provisions for air transport of dangerous goods in the mail, which are 
much more restrictive than the general standards. No dangerous goods 
are allowed in international mail, with the exception of certain 
infectious substances, certain patient specimens and certain 
radioactive materials as noted in section 135 of Mailing Standards of 
the United States Postal Service, International Mail Manual 
(IMM[supreg]); and these materials may only be sent by authorized 
mailers for authorized purposes.

Proposed Air Transport Standards for January 1, 2013

    The Postal Service plans to align its hazardous materials mailing 
requirements with those of the DOT Pipeline and Hazardous Materials 
Safety Administration (PHMSA) by proposing the mandatory use of the 
marking standards described in this proposed rule on all parcels 
intended for air transportation. These rules were incorporated into the 
DMM for optional use on August 6, 2012. If this proposal is adopted 
these optional markings will

[[Page 60335]]

become mandatory effective January 1, 2013.
    The Postal Service proposes to categorize hazardous materials 
currently meeting the definition of a mailable ORM-D material within 
hazard classes 4, 5, or 8, and portions of 9, using the description 
``mailable limited quantity;'' and will retain the description 
``consumer commodity'' for all other mailable hazard classes. If this 
proposal is adopted, the Postal Service will revise the DMM to replace 
the current ORM-D category for parcels containing materials intended 
for air transportation with the applicable ``consumer commodity'' or 
the new ``mailable limited quantity'' categories, effective January 1, 
2013.
    Under this proposal, mailpieces containing currently authorized 
air-eligible consumer commodities (ORM-D-AIR) within DOT Class 2.2 
(nonflammable, nontoxic gasses), Class 3 (flammable and combustible 
liquids), Class 6.1 (toxic substances), and Class 9 (miscellaneous) 
will be reclassified as hazard class 9 (miscellaneous) instead of their 
previous ``ORM-D-AIR'' classification. Mailpieces containing this 
material will also be required to bear the proper shipping name 
``Consumer Commodity,'' the Identification Number ``ID8000,'' and both 
the DOT square-on-point marking including the symbol ``Y'' and an 
approved DOT class 9 hazardous material warning label. Mailpieces must 
also bear a shipper's declaration for dangerous goods.
    Mailpieces containing mailable air-authorized limited quantity 
class 9 materials within UN3077, UN3082, UN3175, UN3334 and UN3335, 
will also be required to bear the proper shipping name ``Consumer 
Commodity,'' Identification Number ``ID8000,'' and both the DOT square-
on-point marking including the symbol ``Y'' and an approved DOT Class 9 
hazardous material warning label. These are the only Class 9 materials 
authorized by the DOT to be shipped under the limited quantity 
classification by domestic air transportation.
    If this proposal is adopted, the Postal Service will also require 
the use of other DOT hazardous warning labels on packages intended for 
air transportation, containing materials that meet the current 
definition of a mailable ORM-D material in hazard class 5.1 (oxidizing 
substances), hazard class 5.2 (organic peroxides) and hazard class 8 
(corrosives). The DOT will not be defining a consumer commodity 
category for these particular hazard classes. Similarly, the DOT will 
not be defining a consumer commodity in hazard class 4 (flammable 
solids); however this will not have an impact for USPS mailers since 
the Postal Service does not currently permit hazard class 4 materials 
in its air transportation networks. These mailpieces will also be 
required to bear the proper shipping name and Identification Number, as 
identified in Publication 52 Appendix A, both DOT square-on-point 
marking (including the symbol ``Y'') and the appropriate approved DOT 
hazardous material warning label. Mailpieces must also bear a shipper's 
declaration for dangerous goods.
    Until January 1, 2015, mailable hazardous materials intended for 
surface transportation will continue to be classified using the ORM-D 
categorization. Until that time, mailers will have the option of 
continuing to use the current ``ORM-D'' marking for materials intended 
for ground transportation, or using the new DOT-authorized ``square-on-
point'' limited quantity marking on parcels containing mailable 
hazardous materials.

Proposed Surface Transport Standards for January 1, 2015

    The Postal Service plans to implement the final segment of its 
alignment with PHMSA by proposing the elimination of the optional ORM-D 
markings and categorization for hazardous materials intended for 
surface transportation on January 1, 2015. If this proposed rule is 
adopted, the use of the ORM-D marking will no longer be permitted for 
use with any materials being tendered for transport within USPS 
networks, either by surface or air, and all mailpieces containing 
hazardous materials will be required to be marked using the appropriate 
DOT square-on-point marking.
    Under these proposed standards, mailable limited quantity and 
mailable consumer commodity materials, when tendered to the Postal 
Service, must bear an approved DOT square-on-point marking. The use of 
additional DOT hazardous material warning labels will not be required 
or permitted on parcels intended for transportation in USPS ground 
networks.

Comment Period

    Note that the Postal Service has established a 20-day comment 
period for this proposed rule in order to assure there is sufficient 
time to implement these proposed standards concurrent with the DOT 
regulations scheduled to become effective January 1, 2013.
    Although we are exempt from the notice and comment requirements of 
the Administrative Procedure Act [5 U.S.C of 553 (b), (c)] regarding 
proposed rulemaking by 39 U.S.C. 410 (a), we invite public comments on 
the following proposed revisions 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 Part 111.1.

List of Subjects in 39 CFR Part 111

    Administrative practice and procedure, Postal Service.

    Accordingly, 39 CFR Part 111 is proposed to be amended as follows:

PART 111--[AMENDED]

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

    Authority: 5 U.S.C. 552(a); 13 U.S.C. 301-307; 18 U.S.C. 1692-
1737; 39 U.S.C. 101, 401, 403, 404, 414, 416, 3001-3011, 3201-3219, 
3403-3406, 3621, 3622, 3626, 3632, 3633, and 5001.

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

Mailing Standards of the United States Postal Service, Domestic Mail 
Manual (DMM)

* * * * *

600 Basic Standards for All Mailing Services

601 Mailability

* * * * *

10.0 Hazardous Materials

10.1 Definitions

    The following definitions apply:
* * * * *
    [Revise 10.1c as follows:]
    c. ORM-D (Other Regulated Material) material is a limited quantity 
of a hazardous material that presents a limited hazard during 
transportation due to its form, quantity, and packaging. Not all 
hazardous materials permitted to be shipped as a limited quantity can 
qualify as an ORM-D material. The ORM-D category is only applicable for 
materials intended for ground transportation. Effective January 1, 
2015, the ORM-D category will be eliminated for materials intended for 
surface transportation. After this date, the mailability of materials 
previously fitting the description of ORM-D must be evaluated based on 
its eligibility under the applicable consumer commodity or mailable 
limited quantity categories.
    [Revise 10.1d, Consumer Commodity, by adding a new last sentence as 
follows:]
    d. * * * The consumer commodity category will not apply to 
materials,

[[Page 60336]]

intended for air transportation, in hazard classes 4, 5, and 8, and 
portions of hazard class 9.
    [Re-sequence the current 10.1e through 10.1i as the new 10.1f 
through 10.1j, and add a new item 10.1e as follows:]
    e. Mailable Limited Quantity is a hazardous material in hazard 
class 4, 5 or 8 that presents a limited hazard during transportation 
(specifically air transport), and is mailable in USPS air networks 
under certain conditions and in limited quantities.
* * * * *

10.3 USPS Standards for Hazardous Material

    [Revise 10.3 as follows:]
    The USPS standards generally restrict the mailing of hazardous 
materials to ORM-D (permitted for surface transportation only until 
January 1, 2015), and consumer commodity or mailable limited quantity 
materials that meet USPS quantity limitations and packaging 
requirements. All exceptions are subject to the standards in 10.0. 
Detailed information on the mailability of specific hazardous materials 
is contained in Publication 52, Hazardous, Restricted, and Perishable 
Mail.
* * * * *

10.4 Hazard Class

* * * * *

Exhibit 10.4 DOT Hazard Classes and Mailability Summary

----------------------------------------------------------------------------------------------------------------
                                                                    Transportation method
                      Hazard class name and --------------------------------------------------------------------
       Class                division           Domestic mail air    Domestic mail surface
                                                 transportation         transportation       International mail
----------------------------------------------------------------------------------------------------------------
 
 
----------------------------------------------------------------------------------------------------------------

* * * * *
    [Revise text for hazard classes 2 and 3, under the ``Domestic Mail 
Air Transportation'' column (only) as follows:]

----------------------------------------------------------------------------------------------------------------
 
----------------------------------------------------------------------------------------------------------------
2..................  Gases.................  Division 2.1 and 2.3:
                     Division--2.1            Prohibited
                      Flammable Gases..      Division 2.2: Only
                     2.2 Nonflammable,        Consumer Commodity
                      Nontoxic Gases..        materials per
                     2.3 Toxic Gases.......   10.12.2..
----------------------------------------------------------------------------------------------------------------


----------------------------------------------------------------------------------------------------------------
 
----------------------------------------------------------------------------------------------------------------
3..................  Flammable and           Flammable liquids:
                      Combustible Liquids.    Prohibited
                                             Combustibles: Only
                                              Consumer Commodity
                                              materials per
                                              10.13.3..
----------------------------------------------------------------------------------------------------------------

* * * * *
    [Revise text for hazard classes 5 and 6, under the ``Domestic Mail 
Air Transportation'' column (only) as follows:]

----------------------------------------------------------------------------------------------------------------
 
----------------------------------------------------------------------------------------------------------------
5..................  Oxidizing Substances,   Only Mailable Limited
                      Organic Peroxides.      Quantity materials
                     Division--............   per 10.15.2.
                     5.1 Oxidizing
                      Substances..
                     5.2 Organic Peroxides.
----------------------------------------------------------------------------------------------------------------

* * * * *

----------------------------------------------------------------------------------------------------------------
 
----------------------------------------------------------------------------------------------------------------
6..................  Toxic Substances and    Division 6.1: Only
                      Infectious Substances.  Consumer Commodity
                     Division--6.1 Toxic      materials per
                      Substances..            10.16.2..
                     6.2 Infectious          Division 6.2. Only
                      Substances..            per 10.17..
----------------------------------------------------------------------------------------------------------------

* * * * *
    [Revise text for hazard class 8, under the ``Domestic Mail Air 
Transportation'' column (only) as follows:]

----------------------------------------------------------------------------------------------------------------
 
----------------------------------------------------------------------------------------------------------------
8..................  Corrosives............  Only Mailable Limited
                                              Quantity materials
                                              per 10.19.2.
----------------------------------------------------------------------------------------------------------------


[[Page 60337]]

* * * * *
     [Revise text for hazard class 9, under the ``Hazard Class Name and 
Division'' and ``Domestic Mail Air Transportation'' columns (only) as 
follows:]

----------------------------------------------------------------------------------------------------------------
 
----------------------------------------------------------------------------------------------------------------
9..................  Miscellaneous           Only Consumer
                      Hazardous Materials.    Commodity materials
                     ID8000 materials         per 10.20
                      UN3077, UN3082,
                      UN3175, UN3334 or
                      UN3335 materials.
----------------------------------------------------------------------------------------------------------------

* * * * *

10.7 Warning Labels for Hazardous Materials

    [Revise 10.7 as follows:]
    With few exceptions as noted in these standards, most hazardous 
materials acceptable for mailing fall within the current Other 
Regulated Materials (ORM-D) regulations of 49 CFR 173.144 for materials 
intended for surface transportation, and the consumer commodity or 
mailable limited quantity categories for materials intended for air 
transportation. Mailpieces containing mailable hazardous materials 
intended for transportation by air are required to bear an approved DOT 
square-on-point marking under 10.8b, and may also be required to bear a 
specific DOT hazardous material warning label (if required for the 
hazard class shipped). Mailpieces containing mailable hazardous 
materials must be marked as required in 10.8, and must bear DOT 
handling labels (e.g., orientation arrows, magnetized materials) when 
applicable. Effective January 1, 2015, the ORD-D category will be 
eliminated for materials intended for surface transportation, and 
mailpieces containing hazardous materials intended for surface 
transportation will be required to be marked using the appropriate DOT 
square-on-point marking. Also after this date, the mailability of 
materials previously fitting the description of ORM-D must be evaluated 
based on its eligibility under the applicable consumer commodity or 
mailable limited quantity categories.

10.8 Package Markings for Hazardous Materials

    [Revise 10.8 as follows:]
    Unless otherwise noted, each mailpiece containing a mailable 
hazardous material must be plainly and durably marked on the address 
side with the required shipping name and UN identification number. 
Mailpieces containing mailable hazardous materials intended for air 
transportation must bear a DOT limited quantity square-on-point marking 
under 8b. Mailpieces containing mailable hazardous materials intended 
for surface transportation may be entered and marked under the ORM-D 
category until January 1, 2015. After this date, all parcels containing 
mailable hazardous materials must bear the appropriate DOT square-on-
point marking and other associated markings when required. The 
following also apply:
    a. The use of DOT limited quantity square-on-point markings are 
required for mailpieces intended for air transportation and optional 
(until January 1, 2015) for mailpieces intended for surface 
transportation (see Exhibit 10.8b). The plain square-on-point marking 
is used for shipments sent by surface transportation, and the square-
on-point marking including the symbol ``Y'' superimposed in the center 
is used for shipments sent by air transportation. The following also 
apply:
    1. Markings must be durable, legible and readily visible.
    2. The marking must be applied on at least one side or one end of 
the outer packaging. The border forming the square-on-point must be at 
least 2 mm (0.08 inch) in width and the minimum dimension of each side 
must be 100 mm (3.94 inches), unless the package size requires a 
reduced size marking of no less than 50 mm (1.97 inches) on each side.
    3. For surface transportation, the top and bottom portions of the 
square-on-point and the border forming the square-on-point must be 
black and the center must be white or of a suitable contrasting 
background. Surface shipments containing qualifying ORM-D materials and 
bearing the square-on-point limited quantity marking are not required 
to be marked with the shipping name and identification number.
    4. For transportation by aircraft, the top and bottom portions of 
the square-on-point and the border forming the square-on-point must be 
black and the center must be white or of a suitable contrasting 
background. The symbol ``Y'' must be black and located in the center of 
the square-on-point and be clearly visible. Mailpieces intended for 
transport by air must also be marked with the proper shipping name, 
identification number, and must also display the appropriate DOT 
hazardous material warning label (only when required for the hazard 
class shipped) in accordance with Publication 52.
    b. The UN identification number is not required on mailpieces 
containing ORM-D materials and intended for surface transportation. A 
mailable ORM-D material must be marked on the address side with ``ORM-
D'' (or marked under 10.8a) immediately following, or below the proper 
shipping name. The proper shipping name for a mailable ORM-D material 
is ``consumer commodity.'' The designation ``ORM-D'' must be placed 
within a rectangle that is approximately 6.3 mm (\1/4\ inch) larger on 
each side than the applicable designation. Mailpieces containing ORM-D 
materials sent as Standard Mail, Parcel Post, Parcel Select, or Package 
Services must also be marked on the address side as ``Surface Only'' or 
``Surface Mail Only.''
* * * * *

10.9 Shipping Papers for Hazardous Materials

    * * * Shipping papers are required as follows:
* * * * *
    [Revise 10.9a and 10.9b to update product references as follows:]
    a. Air transportation requirements. Except for nonregulated 
materials sent under 10.17.3 or 10.17.8 and diagnostic specimens sent 
under 10.17.5, mailpieces containing mailable hazardous materials sent 
at the Express Mail, Priority Mail, First-Class Mail, or First-Class 
Package Service prices must include a shipping paper.
    b. Surface transportation requirements. Except for nonregulated 
materials sent under 10.17.3 or 10.17.8 and mailable ORM-D materials, 
mailpieces containing mailable hazardous materials sent at the Standard 
Mail, Parcel Post, Parcel Select, or Package Services prices must 
include a shipping paper.

10.10 Air Transportation Prohibitions for Hazardous Materials

    [Revise the introductory paragraph of 10.10 to update product 
references as follows:]
    All mailable hazardous materials sent at the Express Mail, Priority 
Mail, First-Class Mail, or First-Class Package

[[Page 60338]]

Service prices must meet the requirements for air transportation. The 
following types of hazardous materials that are prohibited from 
carriage on air transportation must not be sent at the Express Mail, 
Priority Mail, First-Class Mail, or First-Class Package Service prices:
* * * * *

10.12 Gases (Hazard Class 2)

* * * * *

10.12.2 Mailability

    [Revise the third and fourth sentences of 10.12.2 as follows:]
    * * * Flammable gases in Division 2.1 are prohibited in domestic 
mail via air transportation, but are permitted via surface 
transportation if the material can qualify as an ORM-D material (or 
after January 1, 2015, a consumer commodity material) and meet the 
standards in 10.12.3 and 10.12.4. Nonflammable gases in Division 2.2 
are generally permitted in the domestic mail via air or surface 
transportation if the material can qualify as an ORM-D material when 
intended for surface transportation, or a consumer commodity material 
when intended for air transportation, and meet the standards in 10.12.3 
and 10.12.4.
* * * * *

10.12.4 Marking

    [Revise the second sentence, and add a new third sentence for 
10.12.4 as follows:]
    * * * For air transportation, packages must bear the DOT square-on-
point marking including the symbol ``Y,'' an approved DOT class 9 
hazardous material warning label, Identification Number ``ID8000,'' and 
the proper shipping name ``Consumer Commodity.'' Mailpieces must also 
bear a shipper's declaration for dangerous goods.

10.13 Flammable and Combustible Liquids (Hazard Class 3)

* * * * *

10.13.2 Flammable Liquid Mailability

    [Revise the third sentence of the introductory paragraph of 10.13.2 
as follows:]
    * * * Other flammable liquid is prohibited in domestic mail via air 
transportation but is permitted via surface transportation if the 
material can qualify as an ORM-D material (or after January 1, 2015, a 
consumer commodity material) and meet the following conditions as 
applicable:
    [Revise 10.13.2a and 2b as follows:]
    a. The flashpoint is above 20 [deg]F (-7[deg]C) but no more than 73 
[deg]F (23 [deg]C); the liquid is in a metal primary receptacle not 
exceeding 1 quart, or in another type of primary receptacle not 
exceeding 1 pint, per mailpiece; enough cushioning surrounds the 
primary receptacle to absorb all potential leakage; the cushioning and 
primary receptacle are packed within a securely sealed secondary 
container that is placed within a strong outer shipping container; and 
each mailpiece is plainly and durably marked on the address side with 
``Surface Only'' or ``Surface Mail Only'' and ``ORM-D'' immediately 
following or below the proper shipping name (or with a DOT square-on-
point marking under 10.8b).
    b. The flashpoint is above 73 [deg]F (23 [deg]C) but less than 100 
[deg]F (38 [deg]C); the liquid is in a metal primary receptacle not 
exceeding 1 gallon, or in another type of primary receptacle not 
exceeding 1 quart, per mailpiece; enough cushioning surrounds the 
primary receptacle to absorb all potential leakage; the cushioning and 
primary receptacle are placed within a securely sealed secondary 
container that is placed within a strong outer shipping container; and 
each mailpiece is plainly and durably marked on the address side with 
``Surface Only'' or ``Surface Mail Only'' and ``ORM-D'' immediately 
following or below the proper shipping name (or with a DOT square-on-
point marking under 10.8b).

10.13.3 Combustible Liquid Mailability

    [Revise the second sentence of the introductory paragraph of 
10.13.3 as follows:]
    * * * Combustible liquid is permitted in domestic mail if the 
material can qualify as an ORM-D material, when intended for ground 
transportation or a consumer commodity material, when intended for air 
transportation, and meet the following conditions as applicable:
    [Revise 10.13.3a as follows:]
    a. For surface transportation, if the flashpoint is 100 [deg]F (38 
[deg]C) but no more than 141 [deg]F (60.5 [deg]C); the liquid is in a 
metal primary receptacle not exceeding 1 gallon, or in another type of 
primary receptacle not exceeding 1 quart, per mailpiece; enough 
cushioning surrounds the primary receptacle to absorb all potential 
leakage; the cushioning and primary receptacle are packed in a securely 
sealed secondary container that is placed within a strong outer 
shipping container; and each mailpiece is plainly and durably marked on 
the address side with ``Surface Only'' or ``Surface Mail Only'' and 
``ORM-D'' immediately following or below the proper shipping name (or 
with a DOT square-on-point marking under 10.8b).
    [Revise 10.13.3b as follows:]
    b. For surface or air transportation, if the flashpoint is above 
141 [deg]F (60.5 [deg]C) but no more than 200 [deg]F (93 [deg]C); the 
liquid is in a primary receptacle not exceeding 1 gallon per mailpiece; 
enough cushioning surrounds the primary receptacle to absorb all 
potential leakage; the cushioning and primary receptacle are packed in 
a securely sealed secondary container that is placed within a strong 
outer shipping container. For surface transportation, each mailpiece 
must be plainly and durably marked on the address side with ``ORM-D'' 
immediately following or below the proper shipping name; and each piece 
must be marked on the address side as ``Surface Only'' or ``Surface 
Mail Only'' (or with a DOT square-on-point marking under 10.8b). For 
air transportation, packages must bear the DOT square-on-point marking 
including the symbol ``Y,'' an approved DOT class 9 hazardous material 
warning label, Identification Number ``ID8000,'' the proper shipping 
name ``Consumer Commodity,'' and a shipper's declaration for dangerous 
goods.
* * * * *

10.14 Flammable Solids (Hazard Class 4)

* * * * *

10.14.2 Mailability

    [Revise the last sentence of 10.14.2 as follows:]
    * * * A flammable solid that can qualify as an ORM-D material (or 
after January 1, 2015, a mailable limited quantity material) is 
permitted in domestic mail via surface transportation if the material 
is contained in a secure primary receptacle having a weight of 1 pound 
or less; the primary receptacle(s) is packed in a strong outer shipping 
container with a total weight of 25 pounds or less per mailpiece; and 
each mailpiece is plainly and durably marked on the address side with 
``Surface Only'' or ``Surface Mail Only'' and ``ORM-D'' immediately 
following or below the proper shipping name (or with a DOT square-on-
point marking under 10.8b).
* * * * *

10.15 Oxidizing Substances, Organic Peroxides (Hazard Class 5)

* * * * *

10.15.2 Mailability

    [Revise 10.15.2 as follows:]
    Oxidizing substances and organic peroxides are prohibited in 
international mail. Class 5 materials are permitted in domestic mail if 
the

[[Page 60339]]

material can qualify as an ORM-D material (until January 1, 2015), when 
intended for ground transportation; or a mailable limited quantity 
material, when intended for air transportation. Liquid materials must 
be enclosed within a primary receptacle having a capacity of 1 pint or 
less; the primary receptacle(s) must be surrounded by absorbent 
cushioning material and held within a leak-resistant secondary 
container that is packed within a strong outer shipping container. 
Solid materials must be contained within a primary receptacle having a 
weight capacity of 1 pound or less; the primary receptacle(s) must be 
surrounded with cushioning material and packed within a strong outer 
shipping container. Each mailpiece may not exceed a total weight of 25 
pounds. For surface transportation, each mailpiece must be plainly and 
durably marked on the address side with ``ORM-D'' immediately following 
or below the proper shipping name; and each piece must be marked on the 
address side as ``Surface Only'' or ``Surface Mail Only'' (or with a 
DOT square-on-point marking under 10.8b). For air transportation, 
packages must bear the DOT square-on-point marking including the symbol 
``Y,'' the appropriate approved DOT class 5.1 or 5.2 hazardous material 
warning label, the identification number, the proper shipping name, and 
a shipper's declaration for dangerous goods.

10.16 Toxic Substances (Hazard Class 6, Division 6.1)

* * * * *

10.16.2 Mailability

    [Revise the second sentence of 10.16.2 as follows:]
    * * * For domestic mail, a Division 6.1 toxic substance or poison 
that can qualify as an ORM-D material (until January 1, 2015) when 
intended for ground transportation, or a consumer commodity material 
when intended for air transportation, is permitted when packaged under 
the applicable requirements in 10.16.4. * * *
* * * * *

10.16.4 Packaging and Marking

    The following requirements must be met, as applicable:
    [Revise 16.4a as follows:]
    a. A toxic substance that can qualify as an ORM-D material (until 
January 1, 2015) when intended for ground transportation, or a consumer 
commodity material when intended for air transportation, and does not 
exceed a total capacity of 8 ounces per mailpiece is permitted if: the 
material is held in a primary receptacle(s); enough cushioning material 
surrounds the primary receptacle to absorb all potential leakage; the 
cushioning and primary receptacle(s) are packed in another securely 
sealed secondary container that is placed within a strong outer 
shipping container. For surface transportation, each mailpiece must be 
plainly and durably marked on the address side with ``ORM-D'' 
immediately following or below the proper shipping name; and each piece 
must be marked on the address side as ``Surface Only'' or ``Surface 
Mail Only'' (or with a DOT square-on-point marking under 10.8b). For 
air transportation, packages must bear the DOT square-on-point marking 
including the symbol ``Y,'' an approved DOT class 9 hazardous material 
warning label, Identification Number ``ID8000,'' the proper shipping 
name ``Consumer Commodity,'' and a shipper's declaration for dangerous 
goods.
* * * * *

10.19 Corrosives (Hazard Class 8)

* * * * *

10.19.2 Mailability

    [Revise the second sentence of the introductory paragraph of 
10.19.2 as follows:]
    * * * A corrosive that can qualify as an ORM-D material (until 
January 1, 2015), when intended for ground transportation; or a 
mailable limited quantity material, when intended for air 
transportation, is permitted in domestic mail via air or surface 
transportation subject to these limitations:
* * * * *

10.19.3 Marking

    [Revise 10.19.3 as follows:]
    For surface transportation, each mailpiece must be plainly and 
durably marked on the address side with ``ORM-D'' immediately following 
or below the proper shipping name; and each piece must be marked on the 
address side as ``Surface Only'' or ``Surface Mail Only'' (or with a 
DOT square-on-point marking under 10.8b). For air transportation, 
packages must bear the DOT square-on-point marking including the symbol 
``Y,'' the appropriate approved DOT class 8 hazardous material warning 
label, the identification number, the proper shipping name, and a 
shipper's declaration for dangerous goods.
* * * * *

10.20 Miscellaneous Hazardous Materials (Hazard Class 9)

* * * * *

10.20.2 Mailability

    [Revise the second sentence of 10.20.2 as follows:]
    * * * A miscellaneous hazardous material that can qualify as an 
ORM-D material (until January 1, 2015) when intended for ground 
transportation, or a consumer commodity material when intended for air 
transportation, is permitted for domestic mail via air or surface 
transportation, subject to the applicable 49 CFR requirements.

10.20.3 Marking

    [Revise 10.20.3 as follows:]
    For surface transportation, the mailpiece must be plainly and 
durably marked on the address side with ``Surface Only'' or ``Surface 
Mail Only'' and ``ORM-D'' immediately following or below the proper 
shipping name (or with a DOT square-on-point marking under 10.8b). For 
air transportation, packages must bear the DOT square-on-point marking 
including the symbol ``Y,'' an approved DOT class 9 hazardous material 
warning label, Identification Number ``ID8000,'' the proper shipping 
name ``Consumer Commodity,'' and a shipper's declaration for dangerous 
goods.
* * * * *
    We will publish an appropriate amendment to 39 CFR Part 111 to 
reflect these changes if our proposal is adopted.

Stanley F. Mires,
Attorney, Legal Policy & Legislative Advice.
[FR Doc. 2012-24296 Filed 10-2-12; 8:45 am]
BILLING CODE 7710-12-P