Federal Register, Volume 87 Issue 229 (Wednesday, November 30, 2022)

[Federal Register Volume 87, Number 229 (Wednesday, November 30, 2022)]
[Rules and Regulations]
[Pages 73459-73468]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-26069]

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POSTAL SERVICE

39 CFR Part 111

New Mailing Standards for the Separation of Hazardous Materials

AGENCY: Postal Service^TM.

ACTION: Final rule.

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SUMMARY: The Postal Service is amending Publication 52, Hazardous,
Restricted, and Perishable Mail (Pub 52), to incorporate new
requirements for mailers to separate, into identifiable containers, all
hazardous material (HAZMAT) requiring hazardous marks or labels from
other mail when tendering to the Postal Service. The Postal Service is
also adopting related standard operating procedures to ensure the
proper handling and routing of identified HAZMAT products.
Additionally, the Postal Service will now require used, damaged, or
defective electronic devices (excluding devices that are new in
original packaging, and manufacturer certified new/refurbished)
containing or packed with lithium batteries to be mailed only via
surface transportation and to bear specified markings.

DATES: Effective date: This rule is effective December 1, 2022.

FOR FURTHER INFORMATION CONTACT: Dale Kennedy, (202) 268-6592, or
Jennifer Cox, (202) 268-2108.

SUPPLEMENTARY INFORMATION:

Background

The Postal Service hereby amends Publication 52, Hazardous,
Restricted, and Perishable Mail, with the provisions set forth herein.
While not codified in Title 39, Code of Federal Regulations (CFR),
Publication 52 is a regulation of the Postal Service, and changes to it
may be published in the Federal Register. 39 CFR 211.2(a)(2). Moreover,
Publication 52 is incorporated by reference into Mailing Standards of
the United States Postal Service, Domestic Mail Manual (DMM) section
601.8.1, which is incorporated by reference, in turn, into the Code of
Federal Regulations. 39 CFR 111.1, 111.3. Publication 52 is publicly
available, in a read-only format, via the Postal Explorer[supreg]
website at https://pe.usps.com. In addition, links to Postal Explorer
are provided on the landing page of USPS.com, the Postal Service's
primary customer-facing website, and on Postal Pro, an online
informational source available to postal customers.
On June 6, 2022, the Postal Service published an interim final rule
(IFR) (87 FR 34197) requiring mailers to separate HAZMAT requiring
marks or labels from non-hazmat and tender it to the Postal Service in
containers labeled ``HAZMAT.''
Undeclared, unidentified, mislabeled, and misrouted HAZMAT can and
does cause fires, spills, corrosion, and other dangers to personnel and
equipment of the Postal Service, air carriers, and surface
transportation providers, as well as to mailers' property and to
aircraft passengers.
In particular, the increasing consumer use of lithium metal and
lithium-ion batteries has brought a concomitant rise in fires and other
dangerous incidents related to such batteries. The Federal Aviation
Administration (FAA) has publicly reported 398 aviation incidents
involving lithium batteries between March 3, 2006, and July 22, 2022,
including a substantial number in just the most recent twelve months.
FAA, Events with Smoke, Fire, Extreme Heat,

[[Page 73460]]

or Explosion Involving Lithium Batteries, May 1, 2022, https://go.usa.gov/xusNT.\1\
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\1\ The FAA notes that the publicly reported incidents do not
represent all incidents reported to the FAA, let alone all such
incidents at large.
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The Pipeline and Hazardous Materials Safety Administration (PHMSA)
has similarly reported a number of incidents involving mail between
2014 and 2021. See PHMSA, Incident Statistics, last updated March 9,
2022, https://go.usa.gov/xJrSS. One-third of the PHMSA-reported mail
incidents occurred on passenger aircraft; approximately half were
discovered because of a thermal or release event; and more than half
were discovered only after flight. A plurality of such items were Class
9 items such as lithium batteries, and many were ineligible for air
transportation. Moreover, in recent compliance inspections, PHMSA
investigators ``routinely saw shippers and carriers improperly package
and ship lithium batteries for disposal or recycling,'' including
``packaging lithium batteries in a way that did not prevent short
circuits, mixing damaged lithium batteries with other batteries in the
same packaging within shipments for disposal or recycling, and shipping
pallet loads of batteries in boxes and drums with inappropriate
identification of the packages' contents.'' PHMSA, Safety Advisory
Notice for the Disposal and Recycling of Lithium Batteries in
Commercial Transportation 1-2, May 17, 2022, https://go.usa.gov/xJY3J.
Internal Postal Inspection Service data and anecdotal reports from
commercial air-carrier partners over the last few years likewise
indicate a consistent and alarming rise in incidents involving mailed
packages of both lithium batteries and other HAZMAT, including
flammable liquids, aerosols, and strike-anywhere matches. Incidents
include unlabeled or improperly labeled air-ineligible HAZMAT being
accepted for air transportation, as well as properly prepared air-
ineligible HAZMAT that was improperly routed to air transportation
because it was commingled with other mail and insufficiently visible to
Postal Service personnel.
The FAA and PHMSA have issued standards for safe carriage of
lithium batteries, including a prohibition on air transportation of
damaged, defective, or recalled lithium batteries. See, e.g., 49 CFR
173.185. However, the determinants of hazard risk, such as damage,
defects, state of charge, or packaging of batteries, are not outwardly
apparent to Postal Service and other personnel handling packages. In
other respects, as well, safety depends on a shipper's awareness of and
compliance with packaging, labeling, marking, and other HAZMAT shipping
requirements. If a shipper does not make HAZMAT adequately visible to
Postal Service personnel responsible for acceptance and sortation, then
there is an unacceptably high risk that postal and air-carrier
personnel will not know that the item warrants special handling and
routing.
While many incidents involving HAZMAT in the mail are minor and
controllable, the risk of a major threat to an aircraft--including, in
particular, passenger aircraft--and other infrastructure and personnel
is real, severe, and growing with the rise in lithium-battery and other
hazardous shipments. By way of illustration, the U.S. Coast Guard
(USCG) recently reported that on August 19, 2021, a shipping container
loaded with discarded lithium batteries caught fire, with heat intense
enough not only to destroy much of the cargo, but also to burn a hole
in the container's structure itself. USCG, Marine Safety Alert: Lithium
Battery Fire, March 10, 2022, https://go.usa.gov/xJYxu. USCG noted that
the incident would have been ``catastrophic'' if it had occurred after
loading onto the container ship. The same could be said if a similar
fire arose from discarded lithium batteries aboard passenger aircraft.
It is imperative that the Postal Service undertake measures to reduce
the risk to its operations and aviation safety.
On August 3, 2020, the Postal Service published a notice of
proposed rulemaking regarding a proposed requirement to separate air-
eligible HAZMAT from all other matter in a mailing. 85 FR 46575. The
Postal Service received several comments on that notice, and it
appreciates the valuable public input. In particular, multiple
commenters expressed support for the proposition of separating HAZMAT
from non-HAZMAT matter and for further improving the Postal Service's
ability to ensure that air-ineligible HAZMAT is not inadvertently
loaded onto air transportation. Further study and intervening events
have made clear that the August 3, 2020 proposal would not be
sufficiently effective to mitigate the risk that HAZMAT poses to other
mail, postal and air-carrier equipment and personnel, commercial air
passengers, and the public at large. In lieu of the earlier proposal,
therefore, the Postal Service adopted the three measures described in
the June 6, 2022, IFR. 87 FR 34197. While the IFR was made immediately
effective, the Postal Service nonetheless invited public comments on
the new measures. The Postal Service now restates those measures
herein, with slight modifications, as part of this final rule, and
responds to the public comments received.

Summary of New Measures

In addition to preexisting packaging, labeling, and marking
requirements and other conditions for mailability, two conditions are
necessary to ensure the proper handling and routing of HAZMAT.
The first condition is visibility: the Postal Service must be aware
of HAZMAT shipments in order to accord them appropriate attention. A
HAZMAT package can easily evade postal HAZMAT processing if it is
nestled beneath non-HAZMAT packages in a bulk mail receptacle.
Moreover, the Postal Service is obligated to separate HAZMAT from non-
HAZMAT when presenting items to certain suppliers, an obligation which
the Postal Service cannot adequately fulfill under current
circumstances. To address this problem, the final rule requires mailers
tendering a mix of HAZMAT and non-HAZMAT items to present them
separately, including in separate mail receptacles except for
destination entered mail entered at a Destination Delivery Unit (DDU),
Destination Sectional Center Facility (DSCF), or Destination Network
Distribution Center (DNDC). In contrast with the 2020 proposed rule,
customers are required to separate all HAZMAT from non-HAZMAT, rather
than only air-eligible HAZMAT, from other mail. While visibility is
important for air-eligible HAZMAT to ensure proper handling, it is also
important that surface-only HAZMAT not be erroneously routed to air
transportation due to commingling with non-HAZMAT. Separating all
HAZMAT from non-HAZMAT will reduce the likelihood of commingling and
increase the opportunity for Postal Service personnel to determine the
proper procedures for any HAZMAT items presented.
The second condition is separation integrity: once recognized, the
Postal Service must ensure that HAZMAT is identifiable from non-HAZMAT,
lest it be improperly handled or routed.
This final rule also maintains the specific labeling requirements
contained in the IFR for packages containing used, damaged, or
defective electronic devices containing or packed with lithium
batteries and prohibits them from eligibility for any Postal Service
product that makes routine use of air transportation. However, the
final rule now specifically excludes devices that

[[Page 73461]]

are new in original packaging, and manufacturer certified new/
refurbished.
Among other things, mailings covered by the new requirements
include used items sent pursuant to e-commerce or private sales
transactions; lost items being returned to the owner; and items sent
for repair, replacement, upgrade, warranty service, diagnostics,
recycling, or insurance claims. Again, for clarity, the term used
electronic devices excludes those that are new in original unopened
manufacturer packaging or manufacturer certified new/refurbished
devices.
The Postal Service and its partner air carriers have identified
used, damaged, and defective electronic devices containing or packed
with lithium batteries as a particular and growing cause of lithium-
battery incidents. Indeed, damaged, defective, and recalled lithium
cells and batteries are already ineligible for air transportation. 49
CFR 173.185(f). Beyond devices with damage or defects to batteries
themselves, such devices may also have other damage or defects that
increase the chances of exposure and ignition of even an intact
battery. Moreover, such devices are highly likely to be packaged
without original packaging and have batteries in various conditions and
varying states of charge. In contrast with new electronic devices in
manufacturers' original packaging or manufacturer certified new/
refurbished devices, consumers sending used, damaged, and defective
electronic devices are less likely to be aware of HAZMAT requirements,
let alone to comply with them.
As a result of these factors, lithium batteries in used, damaged,
and defective electronic devices pose a particular hazard, as
demonstrated by numerous incidents reported to the Postal Service as
involving such items. To reduce the risk of such incidents occurring on
air transportation, the Postal Service will restrict used, damaged, and
defective electronic devices containing or packaged with lithium
batteries to surface transportation. Consequently, such items will be
prohibited in inbound and outbound international mail; mail to, from,
and between overseas military and diplomatic addresses; and mail to,
from, and within certain domestic locations for which the Postal
Service lacks surface transportation. Moreover, to ensure adequate
visibility, the Postal Service will require that packages containing
used, damaged, and defective electronic devices (excluding devices that
are new in original packaging, and manufacturer certified new/
refurbished) containing or packaged with lithium batteries be marked
``Restricted Electronic Device'' and ``Surface Transportation Only,''
in addition to any other applicable markings.
The Postal Service determined that, due to the urgency of the
danger to personnel, property, passengers, and the public, it was
necessary to implement the IFR immediately. Nonetheless, the Postal
Service provided the public with a 30-day public comment period. The
Postal Service received submissions from 17 commenters. As explained in
the next section, the Postal Service has reviewed and considered these
comments. As a result, the Postal Service has adopted one minor change
to exclude from requirements for use of surface transportation products
only those devices that are new, manufacturer certified as new or
refurbished, and devices contained in new unopened packaging. For the
reasons articulated below, the remainder of the IFR remains largely
unchanged.

Comments Regarding Restrictions on Electronic Devices and Batteries

The Postal Service received several comments relating to the rule's
restrictions on shipping electronic devices and cell phones with
lithium batteries.
Several commenters voiced concern regarding the definition of a
``used, damaged, or defective electronic device,'' claiming the
definition is unclear and overly restrictive. One commenter recommended
changing the definition to ``is not new and some form of battery damage
or defect'' and excluding ``refurbished to fully functioning and non-
defective state.'' Another noted that the inability to ship individual
used phones via the Postal Service will cause significant upheaval in
the electronics and e-commerce industries and observed the importance
of distinguishing bulk shipments from the shipment of individual
devices. Additionally, a cruise line company noted that it frequently
ships such lost and found devices that customers leave on board its
vessels back to customers.
The Postal Service has considered the impact of its rule regarding
used electronic devices containing or packed with lithium batteries and
recognizes the importance of narrowly tailoring the scope of devices
included to address the risk posed by lithium batteries without
imposing undue burden on customers shipping devices which pose a
diminished risk. To that end, the Postal Service has revised its
definition to explicitly exclude from requirements for use of surface
transportation products only those devices that are new, manufacturer
certified as new or refurbished in new, unopened packaging from these
requirements. While the Postal Service recognizes that this may not be
as expansive as suggested by some of the commenters, the revised
definition narrows the devices covered by the rule to exclude those
that pose a diminished risk, while continuing to limit shipments of
devices more prone to causing dangerous and potentially catastrophic
events.

Comments Regarding Impact on Rural Customers and Areas Without Access
to Surface Transportation

The Postal Service received several comments regarding the impact
of the final rule on rural and otherwise hard to reach communities. One
commenter broadly noted that rural and hard to reach communities would
be particularly disadvantaged by the new rules. One Alaskan native
village noted that air transportation is the only available means of
delivery to their respective locations and the rule's restrictions
would essentially cut off their communities. An air carrier serving
Alaska made similar observations.
The Postal Service recognizes the importance of serving rural and
hard to reach communities which depend on air transportation because
surface transportation is otherwise unavailable. For those ZIP Codes
that are air transportation only, an air transportation solution may be
utilized to transport used, damaged, or defective electronic devices
containing or packed with lithium batteries due to the absence of
ground transportation. In these rare cases, this allowance is deemed to
be a lower level of risk based on the design of the aircraft used, how
the cargo is stored, limited passenger capacity, flight duration, and
other considerations. The final rule includes a list of 5-digit ZIP
Codes where this exception applies, to be found in Appendix F of
Publication 52.

Comments Regarding Training, Education, and Timing

The Postal Service received several comments regarding the need for
additional training, education, and messaging to ensure understanding
of and compliance with the new rules. Relatedly, several commenters
noted the burden that the immediate effectiveness of the IFR placed on
mailers.
A commercial passenger airline broadly supported the enhancements
to the Postal Service's existing rules but noted the importance of the
Postal Service taking steps to further educate

[[Page 73462]]

shippers on the hazards posed to air carriers by dangerous goods and
equipping them with the tools needed to ensure compliance in both their
operations and their engagement with customers. One commenter noted the
need for additional employee training, including increased efforts to
identify and hold accountable those companies which fail to comply with
the new rule. A few industry groups commented that additional time is
needed to train employees and update training materials to ensure
compliance. One commented that the rule offered too little notice to
comply, suggesting a 6-12-month grace period for compliance. Another
likewise noted that companies did not have sufficient time to
incorporate the new rules and restrictions, requesting an extended
compliance deadline or an enforcement grace period of at least 90 days.
One commented that the immediate effective date of the rule changes is
impractical, requesting a 1-year grace period. Another commented that
the prescribed timeframe is impossible for companies to comply with,
requesting the rule's effective date be delayed while the new policies
are implemented in the field. In addition, other individual customers
expressed similar concerns regarding the general burdens placed on
mailers and the need for increased communication about the new
requirements.
The Postal Service understands and shares the view that additional
training and education is necessary to effectively implement these
rules and assist customers, partners, and employees to comply
therewith. To that end, the Postal Service has initiated numerous
initiatives to increase, enhance, and amplify educational and
instructional materials, both internally and externally. These new
resources will continue to be rolled out and improved upon to seek out
additional opportunities to inform and educate internal and external
stakeholders about these changes.
Regarding timing, while the IFR was made effective immediately, the
Postal Service has not to this point initiated any compliance
enforcement actions in order to give mailers an extended timeframe to
bring their operations into compliance with the new rule. The Postal
Service is dedicated to further working with mailers to help them
understand and implement these requirements. Nonetheless, the immediacy
of the dangers involved necessitates prompt action to assuage the
dangers posed to the public. To delay the implementation of these
requirements poses unacceptable risks. Given these considerations, the
Postal Service has determined that the public interest requires
immediate action and compliance is expected upon the publication of
this final rule.

Comments Regarding Divergence From International Standards

An industry association questions whether certain provisions of the
interim final rule (``New Mailing Standards for the Separation of
Hazardous Materials'') relating to marking requirements are
``inconsistent with a number of provisions'' in the World Trade
Organization's (WTO's) Agreement on Technical Barriers to Trade (``TBT
Agreement''). Upon further analysis, the Postal Service is confident
that the measures in question are consistent with the TBT Agreement.
Further inquiries about the TBT Agreement are best addressed to the
Office of the United States Trade Representative, which is responsible
for representation of the United States in the WTO.

Comments Regarding a Known-Shipper Program

The Postal Service received comments from several companies and
industry groups recommending a known or trusted shipper program,
allowing businesses with extensive backgrounds in and a proven history
of properly shipping HAZMAT to avail themselves of less stringent
requirements. The Postal Service finds merit in these suggestions and
is open to developing such options, so long as the program does not
unacceptably increase the risk of mishandled, misrouted, or improperly
intermingled HAZMAT. To that end, the Postal Service is currently
exploring similar programs to ease some of the burdens this final rule
may place on mailers. However, development of such programs will take
time to ensure they are both comprehensive and effective. The Postal
Service's preeminent concern remains public safety, and any such
program would likewise prioritize those objectives. Moreover, given the
grave risks currently at stake, implementation of the final rule will
not be delayed until such programs can be established. Instead, the new
requirements must remain in immediate effect while the Postal Service
works with its customers and partners to determine the future state of
any such program.

Administrative Procedure Act

The Administrative Procedure Act (APA) does not ordinarily apply to
Postal Service rulemakings. 39 U.S.C. 410(a). As a rare exception to
that general rule, ``proceedings concerning the mailability of matter
under this chapter and chapters 71 and 83 of title 18'' are
extraordinarily subject to the APA. 39 U.S.C. 3001(m). Because the
measures herein merely concern acceptance requirements, available
services, and conditions of mailing for mailable matter, and do not
concern the mailability of matter itself, they do not trigger the
narrow exception for APA applicability.
Even if the IFR were deemed to be subject to the APA, good cause
existed, under 5 U.S.C. 553(b)(B), to issue the measures therein, under
5 U.S.C. 553(d)(3), to dispense with the delayed effective date
ordinarily prescribed by the APA. The Postal Service was justified in
making the IFR effective immediately in order to take quick and
targeted action to mitigate the potential of dangerous incidents
involving HAZMAT such as lithium batteries which can cause smoke, fire,
extreme heat, or explosion caused by thermal runaway, impairing the
safe operation of aircraft and exceeding the capabilities of an
aircraft's fire suppression system. Further delay would have increased
the risk of an adverse event, potentially resulting in the catastrophic
loss of life or property. Such a narrowly tailored rule with specific
measures that can immediately respond to the imminent risks presented
by HAZMAT corresponds with a proportionately diminished public interest
in an opportunity to comment compared to a more far-reaching rule.
While there is a public interest in having an opportunity for the
public to comment on agency action, it was critical that the Postal
Service responded to this hazardous trend as soon as possible to
mitigate potential dangers that could have contributed to an incident
resulting in loss of life or aircraft. Further delay would have
increased the risk of harm and the likelihood of a catastrophic
incident.
Moreover, pursuant to section 553(b)(B) of the APA, general notice
and the opportunity for public comment are not required with respect to
a rulemaking when an ``agency for good cause finds (and incorporates
the finding and a brief statement of reasons therefor in the rules
issued) that notice and public procedure thereon are impracticable,
unnecessary, or contrary to the public interest.'' Nonetheless,
although the IFR was effective immediately, the Postal Service has now
provided an opportunity for public comment, considered the arguments
raised therein, made minor refinements to the rules, and responded to
those

[[Page 73463]]

comments in the final rule promulgated here.
The Postal Service still finds that it would be impracticable and
contrary to the public interest to delay issuance of this final rule
because there is an immediate and pressing need to reduce the risks
that HAZMAT poses to postal operations, supplier equipment and
personnel, commercial air passengers, and the public. Thus, delaying
the implementation of the risk-mitigation measures in this final rule
in order to receive and consider further public comment beyond what the
Postal Service has already allowed would be impracticable, contrary to
the public interest,\2\ and given that the public has now had adequate
opportunity to comment since the issuance of the IFR, not required by
the APA. As with the IFR, immediate mitigation of these urgent safety
risks also constitutes good cause for this final rule to be effective
immediately upon publication.
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\2\ See Jifry v. FAA, 370 F.3d 1174, 1179 (D.C. Cir. 2004)
(upholding waiver of 5 U.S.C. 553(b)(B) based on Transportation
Security Administration's determination that it was ``necessary to
prevent a possible imminent hazard to aircraft, persons, and
property within the United States''); Hawaii Helicopter Operators
Ass'n v. FAA, 51 F.3d 212, 214 (9th Cir. 1995) (same, where interim
final rule was aimed at immediately mitigating ``the threat to
public safety reflected in an increasing number of helicopter
accidents'').

Sarah Sullivan,
Attorney, Ethics & Legal Compliance.

The Postal Service adopts the following changes to Publication 52,
Hazardous, Restricted, and Perishable Mail, incorporated by reference
into Mailing Standards of the United States Postal Service, Domestic
Mail Manual (DMM), section 601.8.1, which is further incorporated by
reference in the Code of Federal Regulations. 39 CFR 111.1, 111.3.
Publication 52 is also a regulation of the Postal Service, changes to
which may be published in the Federal Register. 39 CFR 211.2(a).
Accordingly, for the reasons stated in the preamble, the Postal Service
amends Publication 52 as follows:

Publication 52, Hazardous, Restricted and Perishable Mail

* * * * *

2 General Guidelines

* * * * *
[Revise the title of subchapter 25 to read as follows:]

25 Basic Guidelines for Postal Service Personnel

* * * * *

251 Guidelines for Acceptance Personnel

[Revise section by adding new items c, e, f and g; renumber current
item c as d, to read as follows:]
c. With the exception of destination entered mail entered at a
Destination Delivery Unit (DDU), Destination Sectional Center Facility
(DSCF), or Destination Network Distribution Center (DNDC) verify that
all mailpieces containing mailable hazardous materials are presented
separately from mailpieces not containing hazardous materials.
d. Refuse (as permitted in POM 139) to accept any material that
does not meet the applicable requirements for mailing and refer the
circumstances to your local Postmaster or PCSC for a mailability ruling
under 213 or 215, as appropriate.
e. If a mailpiece containing a diagnostic (clinical) specimen is in
a sack or tub, PS Tag 44 must be attached to ensure that the sack will
be emptied at the processing point.
f. With the exception of destination entered mail entered at a DDU,
DSCF, or DNDC, ensure mailpieces containing hazardous materials remain
separated from other mailpieces and are placed into labeled containers
further separated by transportation type. See 327.1a and 327.1b.
g. See 253 for guidance regarding hazardous materials found in
lobby drops or retail collection boxes.
* * * * *

252 Guidelines for Dispatch Personnel

[Insert new item b as follows, and renumber current item b as item
c:]
b. Ensure that all mailpieces with a hazardous-materials mark or
label are separated from all other mail and are placed into labeled
containers further separated by transportation type. See 327.1a and
327.1b.
* * * * *
[Revise item 5 in item c (as renumbered) to read as follows:]
5. If the mailpiece contains a material believed to be nonmailable,
remove it from the mailstream and treat it in accordance with POM
139.117-118, as appropriate.
* * * * *
[Add new section 253 to read as follows:]

253 Guidelines for Delivery and Collection Personnel

Delivery and collection personnel must follow these procedures when
delivering and collecting mail:
a. Conduct a thorough examination of all sides of the mailpiece for
hazardous material labels and markings or any nonmailable hazardous
characteristics (e.g., prohibited marks or labels). If the mailpiece is
nonmailable, leaking, or stained, do not collect it; notify the
customer if present, and contact your supervisor. Ensure that mailable
hazardous materials are separated from all other mail.
* * * * *

3 Hazardous Materials

* * * * *

32 General

* * * * *

327 Transportation Requirements

* * * * *

327.1 General

[Revise item a to read as follows:]
Air Transportation. When eligibility for air transportation is
sought, mailable hazardous materials eligible for air transportation
per chapter 34, must be sent as Priority Mail Express, Priority Mail,
or First-Class Mail. 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.
Note: Mailable hazardous materials that are prohibited from air
transportation may not be sent as Priority Mail Express, Priority Mail,
or First-Class Mail.
[Revise item b to read as follows:]
b. Surface Transportation. All mailable hazardous materials
eligible to be sent as First-Class Package Service, USPS Marketing
Mail, USPS Retail Ground, Parcel Select, or Parcel Return Service must
be prepared under the requirements that apply to surface
transportation. A mailpiece containing mailable hazardous material with
postage paid at First-Class Package Service, USPS Marketing Mail, USPS
Retail Ground, Parcel Select, or Package Return Service prices must
not, under any circumstance, be transported on air transportation
except for 5-digit air only destinations identified in 327.2 g.
* * * * *

327.2 Air Transportation Prohibitions

[Revise opening paragraph to read as follows:]
All mailable hazardous materials sent as Priority Mail Express,
Priority Mail, or First-Class Mail, must meet the requirements for air
transportation. The following types of hazardous materials are always
prohibited on air

[[Page 73464]]

transportation regardless of class of mail:
[Add new item g as follows, and renumber current item g as item h:]
g. Used, damaged, or defective electronic devices (excluding
devices that are new in original packaging, and manufacturer certified
new/refurbished) containing or packaged with lithium batteries (see
349.12e). For those ZIP Codes that are air transportation only, a
multimodal transportation solution may be used to transport used,
damaged, or defective electronic devices containing or packed with
lithium batteries due to the absence of ground transportation. A list
of 5-digit ZIP Codes where this exception applies appears in Appendix
F.
* * * * *
[Add new section 329 to read as follows:]

329 Presentation of Hazardous-Materials Mailings

With the exception of destination entered mail entered at a DDU,
DSCF, or DNDC each mailer of mailable hazardous materials requiring a
label or marking must:
a. Present mailpieces containing hazardous materials separately
from any mailpieces not containing hazardous materials. Where
mailpieces are tendered in containers, pallets, or other mail transport
equipment (see Handbook PO-502, Mail Transport Equipment), hazardous-
materials mailpieces must be presented in a separate receptacle from
non-hazardous-materials mailpieces.
b. Clearly mark an exterior side of all receptacles containing
hazardous materials mailpieces as ``HAZMAT''.
* * * * *

34 Mailability by Hazard Class

* * * * *

349 Miscellaneous Hazardous Materials (Hazard Class 9)

* * * * *

349.1 Definition

* * * * *

349.12 Lithium Battery--Definitions

[Add new item e as follows:]
e. Used, damaged, or defective electronic device means an
electronic device containing or packaged with one or more lithium cells
or batteries and where the electronic device (1) is not new in original
packaging, manufacturer certified new/refurbished, and/or (2) has some
form of damage or defect.
* * * * *

349.2 Mailability

* * * * *

349.21 Nonmailable Class 9 Materials

[Add new item g and h to read as follows:]
g. Damaged, defective, or recalled batteries unless approved by the
director, Product Classification (see 214 for address).
h. All used, damaged, or defective electronic devices in
international mail or domestic air transportation. This excludes
devices that are new in original packaging, and manufacturer certified
new/refurbished.
* * * * *

349.221 Lithium Metal (Nonrechargeable) Cells and Batteries--Domestic

[Add new item 8 to read as follows:]
8. All used, damaged, or defective lithium metal cells or batteries
or electronic devices contained in or packed with lithium metal cells
or batteries (excluding new, in original packaging, and manufacturer
certified new/refurbished) must be marked with the text ``Restricted
Electronic Device'' and ``Surface Transportation Only'' on the address
side of the mailpiece.
* * * * *

349.222 Lithium-ion (Rechargeable) Cells and Batteries--Domestic

[Add new item 8 to read as follows:]
8. All used, damaged, or defective lithium-ion cells or batteries
or electronic devices contained in or packed with lithium-ion cells or
batteries (excluding new, in original packaging, and manufacturer
certified new/refurbished) must be marked with the text ``Restricted
Electronic Device'' and ``Surface Transportation Only'' on the address
side of the mailpiece.
* * * * *

Exhibit 349.222 Domestic Lithium Battery Mailability

[Add new footnote 1 reference to Air Transportation title and new
footnote 7 reference in Air Transportation column of row 9, create new
footnote text, delete row 10; revise manager title to director in last
row; and renumber footnotes accordingly]

----------------------------------------------------------------------------------------------------------------
Mailpiece
Surface transportation Air transportation \1\ limitations \2\
----------------------------------------------------------------------------------------------------------------
Lithium Metal or Lithium Alloy Batteries \3\ \4\
Small, non-rechargeable, consumer-type batteries
----------------------------------------------------------------------------------------------------------------
Contained in (properly Mailable................... Mailable................... 8 cells or 2
installed in equipment). batteries, 11 lbs.
Packed with equipment, but Mailable................... Mailable................... 8 cells or 2
not installed in the batteries, 11 lbs.
equipment.
Without the equipment they Mailable................... Prohibited................. 5 lbs.
operate (individual
batteries in originally
sealed packaging).
----------------------------------------------------------------------------------------------------------------
Lithium-ion or Lithium Polymer Batteries \5\ \6\
Small, rechargeable, consumer-type batteries
----------------------------------------------------------------------------------------------------------------
Contained in (properly Mailable................... Mailable................... 8 cells or 2
installed in equipment). batteries.
Packed with equipment, but Mailable................... Mailable................... 8 cells or 2
not installed in the batteries.
equipment.
Without the equipment they Mailable................... Prohibited \7\............. 5 lbs.
operate (individual
batteries in originally
sealed packaging).
----------------------------------------------------------------------------------------------------------------
Very Small Lithium Metal or Lithium-ion Batteries \8\ \9\
Exception for very small consumer-type batteries in USPS air transportation
----------------------------------------------------------------------------------------------------------------
Contained in (properly Mailable................... Mailable................... No limit on cells/
installed in equipment). batteries, 5.5
pounds.

[[Page 73465]]

Packed with equipment, but Mailable................... Mailable................... No limit on cells/
not installed in the batteries, 5.5
equipment. pounds.
----------------------------------------------------------------------------------------------------------------
Damaged, Defective, or Recalled Prohibited, unless approved by the director, Product Classification.
Batteries.
----------------------------------------------------------------------------------------------------------------
\1\ Used, damaged, or defective electronic devices are prohibited from air transportation. This excludes devices
that are new in original packaging, and manufacturer certified new/refurbished.
\2\ When a mailpiece limitation of 8 cells or 2 batteries is applicable, a mailpiece may contain either 8 cells
or 2 batteries, not both.
\3\ Each cell must not contain more than 1g lithium content.
\4\ Each battery must not contain more than 2g aggregate lithium content.
\5\ Each cell must not exceed more than 20 Wh (watt-hour rating).
\6\ Each battery must not exceed 100 Wh.
\7\ Mailable intra-Alaska via air transportation with a limitation of 8 cells or 2 batteries.
\8\ Each lithium metal or lithium alloy cell or battery must not exceed 0.3 gram of lithium content.
\9\ Each lithium-ion or lithium polymer cell or battery must not exceed 2.7 Wh.

* * * * *

6 International Mail

* * * * *

62 Hazardous Materials: International Mail

* * * * *

622 Mailable Hazardous Materials

* * * * *

622.5 Lithium and Lithium-ion Cells and Batteries--General

[Revise the first paragraph to read as follows:]
Only lithium batteries under 622.51 and 622.52 that are properly
installed in the equipment they operate may be sent internationally or
to, from, or between APO, FPO, or DPO locations (subject to the
conditions prescribed by the Department of Defense listed in Overseas
Military/Diplomatic Mail in the Postal Bulletin). Used, damaged,
defective, or recalled lithium batteries and used, damaged, or
defective electronic devices (excluding devices that are new in
original packaging, and manufacturer certified new/refurbished)
containing or packaged with lithium batteries are prohibited and may
not be mailed internationally or to, from, or between APO, FPO, or DPO
locations under any circumstances. See 349.21.
* * * * *

Exhibit 622.5 International Lithium Battery Mailability

[Add new footnote 2 to International APO/FPO/DPO column, create new
footnote 2 text, and renumber existing references previously numbered
as 2 through 8 to 3 through 9]

------------------------------------------------------------------------
Mailpiece
International APO/FPO/ battery limit
DPO \1\ \2\ \3\
------------------------------------------------------------------------
Lithium Metal or Lithium Alloy Batteries \4\ \5\
Small, non-rechargeable, consumer-type batteries
------------------------------------------------------------------------
Contained in (properly Mailable............... Maximum of 4
installed in equipment). cells or 2
batteries.
Packed with equipment, Prohibited.............
but not installed in the
equipment.
Without the equipment Prohibited.............
they operate (individual
batteries in originally
sealed packaging).
------------------------------------------------------------------------
Lithium-ion or Lithium Polymer Batteries \6\ \7\
Small, rechargeable, consumer-type batteries
------------------------------------------------------------------------
Contained in (properly Mailable............... Maximum of 4
installed in equipment). cells or 2
batteries.
Packed with equipment, Prohibited.............
but not installed in the
equipment.
Without the equipment Prohibited.............
they operate (individual
batteries in originally
sealed packaging),.
------------------------------------------------------------------------
Very Small Lithium Metal or Lithium-ion Batteries \8\ \9\
Exception for very small consumer-type batteries in international
transportation
------------------------------------------------------------------------
Contained in (properly Mailable............... Maximum of 4
installed in equipment). cells or 2
batteries.
Packed with equipment, Prohibited.............
but not installed in the
equipment.
Without the equipment Prohibited.............
they operate (individual
batteries in originally
sealed packaging).
------------------------------------------------------------------------
\1\ Unless otherwise prohibited by the international destination country
or specific APO/FPO/DPO ZIP Code location.
\2\ Used, damaged, defective, or recalled lithium batteries and used,
damaged, or defective electronic devices containing or packaged with
lithium batteries are prohibited and may not be mailed internationally
or to, from or between APO, FPO, or DPO locations under any
circumstances. This excludes devices that are new in original
packaging, and manufacturer certified new/refurbished.
\3\ When a mailpiece limitation of 4 cells or 2 batteries is applicable,
a mailpiece may contain either 4 cells or 2 batteries, not both.
\4\ Each lithium metal or lithium alloy cell must not contain more than
1g lithium content.
\5\ Each lithium metal or lithium alloy battery must not contain more
than 2g of aggregate lithium content.
\6\ Each lithium-ion or lithium polymer cell must not exceed more than
20 Wh (watt-hour rating).
\7\ Each lithium-ion or lithium polymer battery must not exceed 100 Wh.
\8\ Each lithium metal or lithium alloy cell or battery must not exceed
0.3 gram of lithium content.
\9\ Each lithium-ion or lithium polymer cell or battery must not exceed
a watt-hour rating of 2.7 Wh.

[[Page 73466]]

* * * * *

623 Nonmailable Hazardous Materials

[Revise items j and l; and add new items m and n as follows:]
j. Class 9, miscellaneous hazardous materials (349), except as
permitted in 622.4 and 622.5.
k. Dry ice (carbon dioxide solid) (349.23).
l. Magnetized materials capable of causing a compass deviation at a
distance of 7 feet or more (349.24).
m. All damaged, defective, or recalled lithium batteries (see
349.21).
n. All used, damaged, or defective electronic devices containing or
packaged with lithium batteries (see 349.21). This excludes devices
that are new in original packaging, and manufacturer certified new/
refurbished.
* * * * *

Appendix C

* * * * *

USPS Packaging Instruction 9D

Lithium Metal and Lithium-Ion Cells and Batteries--Domestic

[Revise the first paragraph to read as follows:]
Except pursuant to 349.21, lithium metal (non-rechargeable) cells
and batteries and lithium-ion (rechargeable) cells and batteries are
mailable in limited quantities domestically via air or surface
transportation when they are installed in or packed with the equipment
they are intended to operate. Unless otherwise excepted, lithium metal
and lithium-ion batteries (without equipment) are mailable in limited
quantities domestically via surface transportation only. Lithium metal
and lithium-ion batteries installed in or packed with used, damaged, or
defective electronic devices (excluding devices that are new in
original packaging, and manufacturer certified new/refurbished) meeting
all mailability requirements in 349 are mailable via surface
transportation only.
* * * * *

Mailability

[Revise the first bullet as follows:]
Lithium metal and lithium-ion cells and batteries installed in or
packed with equipment may be mailable via air or surface
transportation.
* * * * *
[Add new fourth bullet to read as follows:]
Used, damaged, or defective electronic devices (excluding devices
that are new in original packaging, manufacturer certified new/
refurbished) containing or packaged with lithium batteries (see
349.12e) must be mailed via domestic surface transportation only,
provided they meet eligibility requirements in accordance with 349.
* * * * *

Markings

[Add new item 5 under the Lithium metal batteries properly
installed bullet to read as follows:]
Lithium metal batteries properly installed in the equipment they
are intended to operate.
5. Used, damaged, or defective electronic devices (excluding
devices that are new in original packaging, and manufacturer certified
new/refurbished) must include the text ``Restricted Electronic Device''
and ``Surface Transportation Only'' on the address side of the
mailpiece.
* * * * *
[Add new item 4 under the Lithium metal batteries packed with
bullet to read as follows:]
Lithium metal batteries packed with the equipment they are intended
to operate 4. Used, damaged, or defective electronic devices (excluding
devices that are new in original packaging, and manufacturer certified
new/refurbished) must include the text ``Restricted Electronic Device''
and ``Surface Mail Only'' on the address side on the mailpiece.
* * * * *
[Add new item 4 under the Lithium-ion batteries properly installed
bullet to read as follows:]
Lithium-ion batteries properly installed in the equipment they are
intended to operate.
4. Used, damaged, or defective electronic devices (excluding
devices that are new in original packaging, and manufacturer certified
new/refurbished) must include the text ``Restricted Electronic Device''
and ``Surface Mail Only'' on the address side on the mailpiece.
* * * * *
[Add new item 5 under the Lithium-ion batteries packed with bullet
to read as follows:]
Lithium-ion batteries packed with the equipment they are intended
to operate.
5. Used, damaged, or defective electronic devices (excluding
devices that are new in original packaging, and manufacturer certified
new/refurbished) must include the text ``Restricted Electronic Device''
and ``Surface Mail Only'' on the address side on the mailpiece.
* * * * *
[Add new bullet at end of Marking section to read as follows:]
Used, damaged, or defective electronic devices: In addition to any
other applicable marking requirements listed above, packages containing
used, damaged, or defective electronic devices (excluding devices that
are new in original packaging, and manufacturer certified new/
refurbished) containing or packaged with lithium batteries must be
marked with the text ``Restricted Electronic Device'' and ``Surface
Transportation Only'' on the address side of the package. See 221.1 and
325.1. Products being returned via Parcel Return Service (PRS), Return
Delivery Unit (RDU) or Return Sectional Center Facility (RSCF) are
exempt from this marking requirement.
* * * * *

Domestic Lithium Battery Mailability Exhibit

[[Page 73467]]

Small, rechargeable, consumer-type batteries
----------------------------------------------------------------------------------------------------------------
Contained in (properly Mailable................... Mailable................... 8 cells or 2
installed in equipment). batteries
Packed with equipment, but Mailable................... Mailable................... 8 cells or 2
not installed in the batteries
equipment.
Without the equipment they Mailable................... Prohibited \7\............. 5 lbs.
operate (individual
batteries in originally
sealed packaging).
----------------------------------------------------------------------------------------------------------------
Very Small Lithium Metal or Lithium-ion Batteries \8\ \9\
Exception for very small consumer-type batteries in USPS air transportation
----------------------------------------------------------------------------------------------------------------
Contained in (properly Mailable................... Mailable................... No limit on cells/
installed in equipment). batteries, 5.5
pounds.
Packed with equipment, but Mailable................... Mailable................... No limit on cells/
not installed in the batteries, 5.5
equipment. pounds.
----------------------------------------------------------------------------------------------------------------
Damaged, Defective, or Recalled Prohibited, unless approved by the director, Product Classification.
Batteries.
----------------------------------------------------------------------------------------------------------------
\1\ Used, damaged, or defective electronic devices are prohibited from air transportation. This excludes devices
that are new in original packaging, and manufacturer certified new/refurbished.
\2\ When a mailpiece limitation of 8 cells or 2 batteries is applicable, a mailpiece may contain either 8 cells
or 2 batteries, not both.
\3\ Each cell must not contain more than 1g lithium content.
\4\ Each battery must not contain more than 2g aggregate lithium content.
\5\ Each cell must not exceed more than 20 Wh (watt-hour rating).
\6\ Each battery must not exceed 100 Wh.
\7\ Mailable intra-Alaska via air transportation with a limitation of 8 cells or 2 batteries.
\8\ Each lithium metal or lithium alloy cell or battery must not exceed 0.3 gram of lithium content.
\9\ Each lithium-ion or lithium polymer cell or battery must not exceed 2.7 Wh.

* * * * *

USPS Packaging Instruction 9E

Lithium Metal and Lithium-ion Cells and Batteries--International and
APO/FPO/DPO

* * * * *

Mailability

[Revise second bullet and add new third bullet to read as follows:]
Lithium metal and lithium-ion cells and batteries not packed in
equipment (i.e., batteries packed with equipment or batteries sent
separately from equipment) are prohibited.
Used, damaged, and defective electronic devices (excluding devices
that are new in original packaging, and manufacturer certified new/
refurbished) containing lithium batteries are prohibited (see 623).
* * * * *

International Lithium Battery Mailability Exhibit

[Add new footnote 2 to International APO/FPO/DPO column, create new
footnote 2 text, and renumber existing references previously numbered
as 2 through 8 to 3 through 9]

------------------------------------------------------------------------
Mailpiece
International APO/FPO/ battery limit
DPO \1\ \2\ \3\
------------------------------------------------------------------------
Lithium Metal or Lithium Alloy Batteries \4\ \5\
Small, non-rechargeable, consumer-type batteries
------------------------------------------------------------------------
Contained in (properly Mailable............... Maximum of 4
installed in equipment). cells or 2
batteries.
Packed with equipment, Prohibited.............
but not installed in the
equipment.
Without the equipment Prohibited.............
they operate (individual
batteries in originally
sealed packaging).
------------------------------------------------------------------------
Lithium-ion or Lithium Polymer Batteries \6\ \7\
Small, rechargeable, consumer-type batteries
------------------------------------------------------------------------
Contained in (properly Mailable............... Maximum of 4
installed in equipment). cells or 2
batteries.
Packed with equipment, Prohibited.............
but not installed in the
equipment.
Without the equipment Prohibited.............
they operate (individual
batteries in originally
sealed packaging).
------------------------------------------------------------------------
Very Small Lithium Metal or Lithium-ion Batteries \8\ \9\
Exception for very small consumer-type batteries in international
transportation
------------------------------------------------------------------------
Contained in (properly Mailable............... Maximum of 4
installed in equipment). cells or 2
batteries.
Packed with equipment, Prohibited.............
but not installed in the
equipment.
Without the equipment Prohibited.............
they operate (individual
batteries in originally
sealed packaging).
------------------------------------------------------------------------
\1\ Unless otherwise prohibited by the international destination country
or specific APO/FPO/DPO ZIP Code location.
\2\ Used, damaged, defective, or recalled lithium batteries and used
damaged, or defective electronic devices containing lithium batteries
are prohibited and may not be mailed internationally or to, from or
between APO, FPO, or DPO locations under any circumstances. This
excludes new in original packaging and manufacturer certified new/
refurbished devices.
\3\ When a mailpiece limitation of 4 cells or 2 batteries is applicable,
a mailpiece may contain either 4 cells or 2 batteries, not both.
\4\ Each lithium metal or lithium alloy cell must not contain more than
1g lithium content.

[[Page 73468]]

\5\ Each lithium metal or lithium alloy battery must not contain more
than 2g of aggregate lithium content.
\6\ Each lithium-ion or lithium polymer cell must not exceed more than
20 Wh (watt-hour rating).
\7\ Each lithium-ion or lithium polymer battery must not exceed 100 Wh.
\8\ Each lithium metal or lithium alloy cell or battery must not exceed
0.3 gram of lithium content.
\9\ Each lithium-ion or lithium polymer cell or battery must not exceed
a watt-hour rating of 2.7 Wh.

* * * * *
[Add new Appendix F to read as follows:]

Appendix F

Alaska Routes Serviced by Air Transportation Only

The following zip codes in Alaska are only serviced by air
transportation and have no surface transportation available.
99545, 99546, 99547, 99548, 99549, 99550, 99551, 99552, 99553,
99554, 99555, 99557, 99558, 99559, 99561, 99563, 99564, 99565, 99569,
99571, 99574, 99575, 99576, 99578, 99579, 99580, 99581, 99583, 99585,
99589, 99590, 99591, 99602, 99604, 99606, 99607, 99608, 99609, 99612,
99613, 99614, 99615, 99619, 99620, 99621, 99622, 99624, 99625, 99626,
99627, 99628, 99630, 99632, 99633, 99634, 99636, 99637, 99638, 99640,
99641, 99643, 99644, 99647, 99648, 99649, 99650, 99651, 99653, 99655,
99656, 99657, 99658, 99659, 99660, 99661, 99662, 99663, 99665, 99666,
99667, 99668, 99670, 99671, 99675, 99677, 99678, 99679, 99680, 99681,
99682, 99684, 99685, 99689, 99690, 99691, 99692, 99695, 99697, 99720,
99721, 99722, 99723, 99724, 99726, 99727, 99730, 99732, 99733, 99734,
99736, 99738, 99739, 99740, 99741, 99742, 99745, 99746, 99747, 99748,
99749, 99750, 99751, 99752, 99753, 99754, 99756, 99757, 99758, 99759,
99761, 99762, 99763, 99765, 99766, 99767, 99768, 99769, 99770, 99771,
99772, 99773, 99774, 99777, 99778, 99781, 99782, 99783, 99784, 99785,
99786, 99788, 99789, 99790, 99791, 99801, 99802, 99803, 99811, 99812,
99820, 99821, 99824, 99825, 99826, 99827, 99829, 99830, 99832, 99833,
99835, 99836, 99840, 99841, 99850, 99901, 99903, 99918, 99919, 99921,
99922, 99923, 99925, 99926, 99927, 99928, 99929, 99950.
* * * * *
[FR Doc. 2022-26069 Filed 11-25-22; 11:15 am]
BILLING CODE 7710-12-P