[Federal Register Volume 82, Number 142 (Wednesday, July 26, 2017)]
[Notices]
[Pages 34712-34715]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-15624]
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POSTAL SERVICE
Revision to Mailing Standards for Lithium Batteries
AGENCY: Postal ServiceTM.
ACTION: Notice.
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SUMMARY: The Postal Service is revising Publication 52, Hazardous,
Restricted, and Perishable Mail, in various sections to provide new
mailing standards for lithium batteries. Publication 52 was developed
to provide expanded requirements for the mailing of hazardous,
restricted, and perishable materials.
DATES: Anticipated date of publication in the Postal Bulletin: August
17, 2017.
FOR FURTHER INFORMATION CONTACT: Michelle Lassiter 202-268-2914, or
Kevin Gunther (202) 268-7208.
SUPPLEMENTARY INFORMATION:
Overview
Pursuant to the Mailing Standards of the United States Postal
Service, Domestic Mail Manual (DMM[supreg]) 601.8.2, Publication 52
provides mailing standards specific to hazardous, restricted and
perishable items and materials, including lithium batteries.
Publication 52 is provided in its entirety on the Postal
Explorer[supreg] Web site at http://pe.usps.com/text/pub52/welcome.htm.
Background
The International Civil Aviation Organization (ICAO) published
Addendum No. 3 to its Technical Instructions (TI) on January 15, 2016,
and Addendum No. 4 on February 23, 2016 (http://www.icao.int/safety/DangerousGoods/Pages/default.aspx). In these addenda, ICAO announced
new regulations for lithium batteries in international air
transportation. The ICAO revisions, with an effective date of April 1,
2016, detailed a number of new provisions including:
The prohibition of lithium-ion (and lithium-ion polymer)
batteries, shipped separately from the equipment they are intended to
operate (categorized as identification number UN3480), on passenger
aircraft.
The restriction of UN3480 batteries and cells shipped via
cargo aircraft to a maximum state of charge (SOC) of no more than 30
percent.
The limitation of section II, UN3480 batteries and cells
to a single package, when sent as a part of a consignment or overpack
via cargo aircraft.
The required use of an approved Cargo Aircraft Only (CAO)
label on all packages of UN3480 batteries and cells transported via
cargo aircraft.
On September 7, 2016 (81 FR 61742), the Department of
Transportation (DOT), Pipeline and Hazardous Materials Safety
Administration (PHMSA) issued a notice of proposed rulemaking [Docket
Number 2015-0273 (HM-215N)] titled Hazardous Materials: Harmonization
with International Standards (RRR) with the intention to maintain
consistency with international regulations and standards by
incorporating various amendments, including changes to proper shipping
names, hazard classes, packing groups, special provisions, packaging
authorizations, air transport quantity limitations, and vessel stowage
requirements.
On February 22, 2017 (82 FR 11372), the Postal Service published a
Federal Register notice, including invitation to comment, titled
Revision to Mailing Standards for the Transport of Lithium Batteries.
In this notice, the Postal Service announced its intent to revise
Publication 52 to align with the ICAO Technical Instructions for the
Safe Transport of Dangerous Goods by Air (ICAO TI) with regard to the
transportation of lithium batteries by air. Specifically, the Postal
Service conveyed its intent to:
Prohibit UN3480 lithium-ion and lithium polymer batteries
in Postal Service air-eligible products.
Revise its quantity limitations for UN3480 lithium-ion and
lithium polymer batteries in surface transportation to align with those
for lithium metal batteries, changing from the previous 8 cells or 2
batteries to an aggregate mailpiece limit of 5 pounds (while retaining
its previous battery capacity limitations of 20 Wh/cell and 100 Wh/
battery).
The Postal Service also expresses its intent to revise Publication
52 to align with lithium battery regulations described in PHMSA's
proposed rule of September 7, 2016. At that time, the Postal Service
proceeded with its Federal Register notice, expecting the publication
of PHMSA's final rule to occur shortly thereafter with few significant
changes to its proposed regulations for lithium batteries. With respect
to PHMSA's expected revisions to its lithium battery regulations, the
Postal Service announced its intent to make the following changes to
its mailing standards:
Eliminate the current text marking option for mailpieces
required to bear, or optionally permitted to bear, lithium battery
markings, and to limit markings to DOT-approved lithium battery
handling labels only. Mailpieces restricted to surface transportation
only, including those containing UN3090, lithium metal batteries
shipped separately, will continue to be required to bear the current
text marking in addition to a DOT-approved lithium battery handling
label.
Eliminate the requirement for accompanying documentation
with mailings of lithium batteries.
Add the new DOT class 9 hazard warning label for lithium
batteries to Publication 52, Exhibit 325.1, DOT Hazardous Materials
Warning Labels: PROHIBITED IN THE MAIL. Packages containing lithium
batteries that are required to bear this label are prohibited in Postal
Service networks.
Align with PHMSA regarding the requirement for outer
packaging used to
[[Page 34713]]
contain small lithium batteries to be rigid and of adequate size so the
handling mark can be affixed on one side without the mark being folded.
Provide a limited exception to permit the use of padded or
poly bags when cells or batteries are afforded equivalent protection by
the equipment in which they are contained, but to limit this exception
only to batteries meeting the Postal Service definition of a button
cell battery in section 349.11d of Publication 52.
Take no action with regard to the requirement for lithium
battery markings to appear on packages containing lithium cells or
batteries, or lithium cells or batteries packed with, or contained in,
equipment when there are more than two packages in the consignment, and
continue to define a consignment in postal terms as a single parcel.
On March 30, 2017 (82 FR 15796), PHMSA published a final rule
titled Hazardous Materials: Harmonization with International Standards
(RRR), following on its proposed rule of September 7, 2016. It was
noted that few significant changes were made to the proposals relating
to lithium batteries, from those published on September 7, 2016.
Comments and Postal Service Responses
The Postal Service received four responses to its notice of
February 22, 2017, with all commenters addressing multiple issues.
Commenters included two pilot associations, one hazardous materials
transportation trade association, and the Congressional Delegation from
the state of Alaska.
The pilot associations generally supported the Postal Service-
proposed restrictions, and requested the Postal Service to implement
additional controls on lithium batteries not contemplated in its
proposed rulemaking. The trade association voiced concern with the
Postal Service's intent to take no action towards alignment with
PHMSA's revised definition and restrictions relating to consignments of
more than a single package containing lithium batteries, and with the
Postal Service-proposed implementation date. The Alaska Congressional
Delegation expressed concern with regard to the impact of the proposed
restrictions on those living in remote areas not serviced by cargo
aircraft or ground transportation. The specific comments and Postal
Service responses are as follows:
Commenter 1
One pilot association related its support for the proposed
revisions as written and suggests the following additional steps be
taken by the Postal Service:
The Postal Service should require compliance and
harmonization with ICAO TI with regard to ``postal pouches and
containers'' being required to bear markings and be accompanied by
written notification--consistent with ICAO overpack requirements.
The Postal Service should require compliance and
harmonization with Universal Postal Union (UPU) Technical Standards for
both international and domestic transportation.
The Postal Service should require all lithium batteries to
be shipped in non-flammable packaging.
The Postal Service should permit airlines and other
freight handlers to inspect postal packages to ensure the package can
be safely shipped.
This commenter states that when a carrier is concerned
with risk mitigation, the Postal Service should not be exempt from
regulations applying to commercial carriers. The commenter states that
lithium battery shipments from USPS might be presented (grouped) in
opaque containers that the carrier is prevented from opening. The
commenter opines that such a limitation results in the carrier not
being able to determine which shipments contain lithium batteries,
limiting the carrier's ability to mitigate that risk. The commenter
also notes that this limitation prevents the carrier from inspecting
packages for potential damage to the package contents, possibly
enhancing the carrier's risk.
Postal Service Response to Commenter 1
The Postal Service is currently investigating options to require
the preparation of sacks in accordance with the overpack requirements
applicable to commercial shippers; this study is ongoing, however, and
the Postal Service defers action on this matter at this time. The
Postal Service intends to investigate the feasibility of modifying its
operational processes to allow for the alignment with DOT overpack
marking regulations, and to reexamine this issue at a later date. The
Postal Service expects any such solution to include an enhanced process
for the identification and segregation of mailpieces bearing lithium
battery marks in Postal Service networks. As a result, the Postal
Service is including an additional requirement for lithium battery
handling marks to be placed on the address side of any and all
mailpieces bearing these marks.
In response to the second suggestion regarding harmonization with
UPU Technical Standards for both international and domestic (air)
transportation, the Postal Service does not believe that the
implementation of such restrictions would be a reasonable action at
this time. Were the Postal Service to adopt UPU lithium battery
restrictions, this would result in the elimination of all lithium
batteries packaged ``with equipment'' in domestic air transportation,
and would reduce the number of cells installed in equipment, from the
current eight cells to the UPU limitation of four cells. In addition,
this would eliminate the current exception for very small batteries
installed in or packaged with equipment. The adoption of these
limitations would result in the Postal Service being much more
restrictive than commercial transportation providers and could create
an undue hardship on mailers with few or no other options.
With regard to the suggested use of nonflammable packaging for
lithium battery shipments, including a new requirement of this nature
would fall outside the scope of this rulemaking. The Postal Service,
however, is open to exploring the use of nonflammable packaging for
lithium batteries at a future date. Factors to consider include whether
such packaging is effective, affordable, and commercially available.
In response to the final two suggestions regarding airlines and
other freight handlers inspecting postal packages and risk mitigation
when postal packages are enclosed in sacks, the Postal Service believes
any such measure is best addressed by its suppliers in their relations
with supply management personnel. It must be kept in mind, however,
that most packages are currently classified as sealed against
inspection, and as such, any effort to conduct inspections of the
contents of packages sealed as such would need to account for all
applicable legal limitations. Moreover, it should be stressed that the
Postal Service, unlike most commercial carriers, limits lithium
batteries in its networks to only those meeting the conditions of the
exception for smaller cells and batteries under 49 CFR 173.185(c).
Commenter 2
Another pilot association related its support for the proposed
prohibition of UN3480 batteries in Postal Service air transportation,
stating that the Postal Service's proposed action is consistent with
international standards and responsive to the expanding safety hazards
posed by lithium batteries. In support of the prohibition, the
[[Page 34714]]
commenter maintains that UN3480 batteries can still be shipped in cargo
aircraft through commercial carriers. In addition, the commenter:
Expresses its wish that the Postal Service eventually
implement packaging standards capable of containing any thermal event
within the package itself, and capable of protecting lithium batteries
from external fire threats.
States that the shipment of lithium-ion batteries in air
transportation should continue with specified additional requirements
to ensure their safe carriage, including:
Active fire detection and suppression systems should be
required on all commercial aircraft carrying lithium batteries.
The elimination of packaging materials, such as
polypropylene, that can fuel onboard fires. The Postal Service
currently uses polypropylene mail totes (assumed to refer to flats and
letter trays), which should not be used in air transportation.
States that its concern with polypropylene in commercial
air transportation is shared by the National Transportation Safety
Board (NTSB) and the Federal Aviation Administration (FAA); and
States that all operators engaged in the transport of
lithium batteries should be required to carry such batteries within an
aircraft compartment or container with an active fire suppression
system capable of mitigating the risk of a lithium battery thermal
event.
Postal Service Response to
Commenter 2
The Postal Service appreciates the commenter's support for the
prohibition of UN3480 batteries in Postal Service air networks. With
regard to the other issues raised by this commenter, some fall outside
the scope of this rulemaking.
With regard to the first suggestion, regarding the eventual
implementation of mailing standards requiring packaging capable of
containing a thermal event within the package itself or providing
protection from external fire, the Postal Service repeats that it is
open to exploring the use of nonflammable packaging for lithium
batteries at a future date. Factors to consider include whether such
packaging is effective, affordable, and commercially available.
In reference to the suggestion regarding fire detection and
suppression systems on aircraft carrying lithium batteries, this
comment is outside the scope of this rulemaking. The Postal Service has
no immediate plans to require its contracted air carriers to use these
systems as a condition for carrying mail. Of course, all carriers have
the option to install these systems on their own at any time.
With regard to the remaining suggestions concerning the use of
polypropylene mail handling units in air transportation, the Postal
Service believes these recommendations to be outside the scope of its
rulemaking, but will nonetheless weigh the merits of this option
separately.
Commenter 3
One commenter, a trade association, expresses its gratitude to the
Postal Service for its continuing efforts to align Publication 52 with
the DOT's Hazardous Materials Regulations (HMR). The commenter states
that significant differences between the HMR and mailing standards
create confusion with shippers who use the services of commercial
transportation providers in addition to the mail. The commenter also
states that alignment with the HMR is especially critical in the
current environment where the Postal Service may cover only the first
or last mile and a commercial carrier (regulated by the HMR) completes
the remaining component of the transportation. In addition, the
commenter expresses concern with the Postal Service proposal to define
a consignment as a single package, noting that there may be situations
where multiple packages are tendered to the Postal Service or one of
its commercial carriers, and requests that the Postal Service consider
requiring the lithium battery mark in these situations. The commenter
advises that some air carriers have implemented prohibitions of lithium
batteries prepared under the exception for smaller cells or batteries,
and states that without the requirement for the marking of batteries
included in a single consignment, some package shippers could utilize
this exception to tender large quantities of lithium batteries to the
Postal Service that could ultimately be transported by commercial air
carriers. The commenter requests that the Postal Service consider
revising Publication 52 to require a mailer tendering two or more
packages, containing no more than two batteries or four cells, to mark
each of those packages with a lithium battery handling mark, or (until
December 31, 2018) a lithium battery handling label. The commenter
further recommends that the Postal Service adopt the same 2-year
transitional period offered by the HMR and the international entities
with regard to the use of lithium battery marks. The commenter
recommends that the Postal Service permit use of the new mark
immediately, but allow for use of existing marks and labels until
January 1, 2019.
Postal Service Response to
Commenter 3
With regard to defining and restricting lithium battery
consignments, the Postal Service has reconsidered its earlier proposal
and has decided to add language to Publication 52 to define a lithium
battery consignment within the context of shipments transported through
the mail, and to add new restrictions for packages prepared within a
single consignment. The details of these new mailing standards will be
described later in this notice.
With regard to the transitional period for the use of marks and
labels, the Postal Service intends to align its transitional period
with that permitted in the HMR. As the Postal Service has done in the
past, it will add language to Publication 52 that requires the use of a
DOT-approved lithium battery handling mark. This will allow mailers to
use previously approved marks and labels through the duration of the
DOT transition period. At present, the Postal Service expects to allow
mailers to continue to use previously approved lithium battery marks
until December 31, 2018, the date announced by PHMSA in its final rule
of March 30, 2017.
Commenter 4
The Alaska Congressional Delegation requests the Postal Service to
include a provision to authorize the continued transport of lithium
batteries needed to support urgent patient needs on passenger aircraft
to remote locations and ``at a state of charge greater than 30%.'' The
Alaska Congressional Delegation also requests that consideration be
given to the following points:
First, the Alaska Congressional Delegation questions
whether the Postal Service has assessed the impact of the proposed
restriction of UN3480 batteries on rural communities not regularly
serviced by cargo aircraft.
Second, the Alaska Congressional Delegation asks whether
the Postal Service will provide appropriate provisions for the shipment
of UN3480 batteries used to power medical devices, as well as other
lithium battery powered equipment (emergency beacons, generators and
back-up power), to these remote locations in the ``interim final rule''
to avoid significant public health and safety impacts.
[[Page 34715]]
Postal Service Response to Commenter 4
The Postal Service would be willing to entertain requests for
exceptions from medical equipment suppliers specific to the mailing of
UN3480 batteries in Postal Service products transported through the
air, when these batteries are needed for the emergency support of
critical medical devices, fall within the established capacity limits
for lithium-ion batteries in Postal Service networks, and no other
reasonable alternative exists. In response to any such request,
supported by adequate justification, the Postal Service would provide
written authorization to the medical equipment supplier to mail UN3480
batteries via USPS air-eligible products. To minimize the risk of
conflicting with DOT provisions, the Postal Service plans to consult
with the DOT prior to the approval of specific authorizations relating
to UN3480 batteries in USPS air transportation.
With regard to other lithium battery-powered devices, such as
emergency beacons, the Postal Service will provide an option for the
mailing of UN3480 in air transportation. This option will be restricted
to UN3480 batteries meeting the current USPS capacity limitation of 20
Wh/cell and 100 Wh/battery, and the current quantity limitations of
eight cells or two batteries. Batteries mailed under this option must
meet the conditions described in 349.222 of Publication 52, and 49 CFR
173.185(c), and will be restricted to intra-Alaska shipments (both
mailed from, and delivered in Alaska).
Revisions to Publication 52
Within the next several weeks, the Postal Service will revise
Publication 52 to reflect the new mailing standards. With regard to
lithium batteries, the Postal Service will:
Generally prohibit UN3480 lithium-ion and lithium polymer
batteries in USPS air-eligible products.
Revise its quantity limitations for UN3480 lithium-ion and
lithium polymer batteries in surface transportation to align with those
for lithium metal batteries, changing from the previous eight cells or
two batteries to an aggregate mailpiece limit of 5 pounds.
Accept and evaluate requests for exceptions to mail UN3480
batteries, used to support critical medical devices, via domestic air-
eligible products. The batteries must be within current Postal Service
capacity and quantity limitations, needed for the emergency support of
critical medical devices, and no other reasonable alternative exists to
affect their delivery within an acceptable time period. The Postal
Service expects to defer revision to Publication 52 relating to these
authorizations until it has determined the level of interest, and need
for these exceptions. Prior to granting any authorizations, the Postal
Service plans to consult with PHMSA to assure alignment with their
approval processes for commercial carriers. Interested mailers may
direct requests to the Manager, Product Classification (see Publication
52, section 214 for the complete address).
Provide that UN3480 batteries, meeting the current Postal
Service capacity limitations and quantity restrictions, may be mailed
via air-eligible products, provided these mailings are both mailed and
delivered within the state of Alaska.
Eliminate the current text marking option for mailpieces
required to bear, or optionally permitted to bear, lithium battery
markings, and limit markings to DOT-approved lithium battery handling
marks only.
Require a separate text marking in addition to a DOT-
approved lithium battery handling mark for mailpieces containing UN3480
and UN3090 batteries, restricted to surface transportation only.
Permit the optional use of previously authorized lithium
battery marks during PHMSA's transitional period for these marks.
Eliminate the requirement for accompanying documentation
with mailings of lithium batteries.
Add the new DOT class 9 hazard warning label for lithium
batteries to Publication 52, Exhibit 325.1, DOT Hazardous Materials
Warning Labels: PROHIBITED IN THE MAIL.
Require the outer packaging of mailpieces containing small
lithium batteries to be rigid and of adequate size so the handling mark
can be affixed to the address side without the mark being folded.
Require lithium battery handling marks to be placed on the
address side of all mailpieces bearing these marks.
Permit the use of padded and poly bags as outer packaging
for mailpieces containing button cell batteries properly installed in
the equipment they are intended to operate, provided the batteries are
afforded adequate protection by the equipment and the batteries meet
the USPS definition of a button cell battery in 349.11d of Publication
52.
Define a lithium battery consignment as one or more
mailpieces containing lithium batteries, entered into USPS networks by
one mailer or mail service provider within a single mailing or retail
transaction, or included in the same manifest or shipping services
file, and intended for delivery to a single consignee at a single
destination address.
Require DOT-approved lithium battery markings on all
mailpieces containing lithium cells or batteries contained in equipment
when there are more than two mailpieces in a single consignment in
domestic mail.
Limit a single consignment to two mailpieces containing
lithium batteries for international and APO/FPO/DPO mail.
These revisions will be published in the Postal Bulletin on August
17, 2017, but the Postal Service will provide for a transitional period
until January 1, 2018. During the transitional period, mailers are
urged to comply with the new mailing standards, but compliance will not
be mandatory until January 1, 2018. Mailers and other interested
parties can view details of these revisions in edition 22471 of the
Postal Bulletin, to be published on August 17, 2017. The Postal
Bulletin is available at https://about.usps.com/postal-bulletin/pb2017.htm.
The Postal Service will incorporate these revisions into the next
online update of the Publication 52, which is available via Postal
Explorer[supreg] at http://pe.usps.com.
Stanley F. Mires,
Attorney, Federal Compliance.
[FR Doc. 2017-15624 Filed 7-25-17; 8:45 am]
BILLING CODE 7710-12-P