[Federal Register Volume 88, Number 240 (Friday, December 15, 2023)]
[Proposed Rules]
[Pages 86868-86870]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-27643]
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POSTAL SERVICE
39 CFR Part 111
New Mailing Standards for Hazardous Materials Outer Packaging and
Nonregulated Toxic Materials
AGENCY: Postal ServiceTM.
ACTION: Proposed rule.
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SUMMARY: The Postal Service is proposing to amend Publication 52,
Hazardous, Restricted, and Perishable Mail (Pub 52) by requiring
specific outer packaging strength standards when mailing hazardous
materials or dangerous goods and remove quantity restrictions for
nonregulated toxic materials. Additionally, the Postal Service proposes
to allow mailers to use poly or padded bags as outer packaging for
shipments containing lithium batteries installed in the equipment they
operate if the shipment does not display hazardous text, markings or
labels as permitted in sections 349 and 622.
DATES: Submit comments on or before January 16, 2024.
ADDRESSES: Mail or deliver written comments to the Director, Product
Classification, U.S. Postal Service, 475 L'Enfant Plaza SW, Room 4446,
Washington, DC 20260-5015. If sending comments by email, include the
name and address of the commenter and send to
[email protected], with a subject line of ``New Mailing
Standards for Hazardous Materials Outer Packaging and Nonregulated
Toxic Materials.'' Faxed comments will not be accepted.
You may inspect and photocopy all written comments, by appointment
only, at USPS[supreg] Headquarters Library, 475 L'Enfant Plaza SW, 11th
Floor North, Washington, DC 20260. These records are generally
available for review Monday through Friday, 8 a.m. to 4 p.m., by
calling 202-268-2906.
FOR FURTHER INFORMATION CONTACT: Dale Kennedy, (202) 268-6592, or
Jennifer Cox, (202) 268-2108.
SUPPLEMENTARY INFORMATION: All submitted comments and attachments are
part of the public record and subject to disclosure. Do not enclose any
material in your comments that you consider to be confidential or
inappropriate for public disclosure.
The Postal Service proposes to amend Publication 52, Hazardous,
Restricted, and Perishable Mail (Pub 52), 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).
[[Page 86869]]
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.
Proposal
Except as otherwise specified, the Postal Service proposes to
require mailers shipping hazardous materials (HAZMAT) or dangerous
goods (DG) to utilize rigid outer packaging that meets minimum edge
crush test requirements as part of its ongoing efforts to improve
safety within the Postal Service network. The Postal Service is
proposing these requirements to increase the capability of packages to
withstand normal processing and handling from induction to delivery
point while reducing potential HAZMAT or DG incidents.
Additionally, the Postal Service proposes to allow mailers to use
padded or poly bags as outer packaging for shipments containing lithium
batteries installed in the equipment they operate that do not display
hazardous text, marks or labels as permitted in sections 349.221a6,
622.51f and 622.52g, but only when packed in an inner container that
can withstand a 1.7-meter drop test. Currently, the use of padded and
poly bags as outer packaging is permitted only when the mailpiece
contains button cell batteries installed in the equipment they operate.
The Postal Service is cognizant that the existing regulations in
Pub 52 pertaining to other nonregulated toxic materials (Pub 52,
section 346.232) are more stringent than other transportation
regulatory agencies and commercial carriers and is therefore proposing
to align its regulations with the transportation industry. If the
proposal is adopted, the Postal Service will amend Pub 52 to remove
quantity restrictions for nonregulated liquid and solid toxic
materials, for products such as pesticides, insecticides and
herbicides. The Postal Service believes this proposal will provide
mailers a clearer understanding of its rules when shipping nonregulated
toxic materials and align its regulations with the Pipeline and
Hazardous Materials Safety Administration (PHMSA).
The Postal Service proposes to adopt 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.
Publication 52 is also a regulation of the Postal Service, changes to
which may be published in the Federal Register. Accordingly, for the
reasons stated in the preamble, the Postal Service proposes to amend
Publication 52 as follows:
Publication 52, Hazardous, Restricted and Perishable Mail
* * * * *
1 Introduction
13 Additional Information
[Add new section 131 to read as follows:]
131 Hazardous Materials Outer Packaging
Except as otherwise specified, rigid outer packaging must be used
for shipments containing hazardous materials. Outer packaging, as
defined in Appendix D, is the outer most enclosure that holds the
primary receptacle, and if applicable, secondary packaging, absorbent
and/or cushioning material.
When shipping hazardous materials, the following rigid outer
packaging is required:
(a) Hazardous materials shipments weighing 20 pounds or less, the
outer package must be 200 lb. burst test or 32-edge crush test package
or equivalent, at minimum.
(b) Hazardous materials shipments weighing more than 20 pounds,
outer packages must be 275 lb. burst test or 44-edge crush test or
equivalent, at minimum.
Lithium batteries installed in the equipment they operate that are
permitted to be mailed under section 349, are afforded adequate
protection by that equipment, and do not display hazardous text,
markings or labels as permitted in 349.221a6, 622.51f and 622.52g may
utilize padded or poly bags as outer packaging, provided they are
within a container that can withstand a 1.7-meter drop test before
placing inside the padded or poly bag. See 349.221.a(3).
* * * * *
3 Hazardous Materials
* * * * *
34 Mailability by Hazard Class
* * * * *
346 Toxic Substances and Infectious Substances (Hazard Class 6)
* * * * *
346.232 Other Nonregulated Toxic Materials
[Revise paragraph to read as follows:]
Liquids and solids such as pesticides, insecticides, herbicides and
irritating material (346.11e), that are not regulated as hazardous
materials under 49 CFR 172.101 are mailable but must be packaged in
rigid outer packaging (see 131) and be able to withstand normal transit
and handling. Liquids must also follow 451.3a.
* * * * *
349 Miscellaneous Hazardous Materials (Hazard Class 9)
* * * * *
[Insert new 349.221 to read as follows:]
349.221 Lithium Batteries
a. General. The following applies to the mailability of all lithium
batteries:
1. Each cell or battery must meet the requirements of each test in
the UN Manual of Tests and Criteria, part III, and subsection 38.3 as
referenced in 49 CFR 171.7.
2. Lithium battery outer packaging must be rigid (see 131), sealed
and of adequate size.
3. The use of padded or poly bags as outer packaging is permitted
only when:
a. Mailpieces contain lithium batteries properly installed in the
equipment/product they intend to operate.
b. The batteries are afforded adequate protection by the equipment/
product, and
c. The secondary container (e.g., original manufacturer packaging),
containing the equipment or product prevents damage and accidental
activation, can retain the product without puncture of the packaging
under normal conditions of transport and can withstand a 1.7-meter drop
test. Button cell batteries, meeting the classification criteria in
349.11d, installed in the device they operate are not required to be
within a secondary container that can withstand a 1.7-meter drop test
prior to utilizing a padded or poly bag as outer packaging.
d. The package containing batteries does not display hazardous
materials text, marks.
4. All outer packages must have a complete delivery and return
address.
5. Lithium battery marks are required on mailpieces containing 5 to
8 lithium cells installed in the equipment they operate.
a. The marks must be applied to the address side without being
folded or
[[Page 86870]]
applied in such a manner that parts of the mark appear on different
sides of the mailpiece. See 325.1.
b. The mark must be a DOT-approved lithium battery mark, as
specified in 49 CFR 173.183(c)(3)(i) and Exhibit 325.2a.
c. The mark must include a telephone number for those who need to
obtain additional information.
d. Lithium metal cells or batteries must be marked with UN3090.
e. Lithium metal cells or batteries installed in or packed with the
equipment they intend to operate must indicate UN3091.
f. Lithium-ion cells or batteries must be marked UN3480.
g. Lithium-ion cells or batteries installed in or packed with the
equipment they intend to operate must indicate UN3481.
6. Lithium battery marks are not required on packages containing
only lithium button cell batteries, no more than 4 lithium cells or 2
lithium batteries installed in the equipment they operate.
7. All used, damaged, or defective electronic devices with lithium
cells or batteries contained in or packed with device (excluding
electronic devices that are new in original packaging, and
manufacturer-certified new or refurbished devices) must be marked with
the text ``Restricted Electronic Device'' and ``Surface Transportation
Only'' on the address side of the mailpiece.
* * * * *
[Renumber existing section 349.221 to 349.222]
349.222 Lithium Metal (Nonrechargeable) Cells and Batteries--Domestic
[Revise item a. as follows:]
a. General. The following restrictions apply to the mailability of
all lithium metal (or lithium alloy) cells and batteries:
1. Each cell must contain no more than 1.0 gram (g) of lithium
content per cell.
2. Each battery must contain no more than 2.0 g aggregate lithium
content per battery.
* * * * *
[Renumber existing section 349.222 to 349.223]
349.223 Lithium-Ion (Rechargeable) Cells and Batteries--Domestic
[Revise item a. as follows:]
a. General. The following additional restrictions apply to the
mailability of all secondary lithium-ion or lithium polymer cells and
batteries:
1. The watt-hour rating must not exceed 20 Wh per cell.
2. The watt-hour rating must not exceed 100 Wh per battery.
3. Each battery must bear the ``Watt-hour'' or ``Wh'' marking on
the battery to determine if it is within the limits defined in items 1
and 2.
* * * * *
62 Hazardous Materials: International Mail
621 General Requirements
* * * * *
[Insert new section 621.2 and renumber existing 621.2 through 621.4
as 621.3 through 621.5]
621.2 Outer Packaging Requirements
Except as otherwise specified, rigid outer packaging must be used
for shipments containing dangerous goods following the instructions in
131.
* * * * *
Appendix C
USPS Packaging Instruction 9D
[Revise third bullet in the Required Packaging section to read as
follows:]
Required Packaging
Lithium Metal and Lithium-Ion Batteries
[ssquf] Lithium batteries permitted to be mailed under section 349
that are installed in the device they operate, are afforded adequate
protection by that equipment, and do not display hazardous text,
markings or labels as permitted in 349.221a6, 622.51f and 622.52g may
utilize padded and poly bags as outer packaging provided the device is
within a secondary container that can withstand a 1.7-meter drop test.
Button cell batteries, meeting the classification criteria in 349.11d,
installed in the device they operate are not required to be within a
secondary container that can withstand a 1.2-meter drop test prior to
utilizing a padded or poly bag as outer packaging.
* * * * *
USPS Packaging Instruction 9E
[Insert new second bullet in the Required Packaging section to read
as follows:]
Required Packaging
Lithium Metal and Lithium-Ion Batteries
[ssquf] Lithium batteries installed in the device they operate that
are permitted to be mailed under section 622.5, may utilize padded and
poly bags as outer packaging provided the device is within a secondary
container that can withstand a 1.7-meter drop test. Button cell
batteries, meeting the classification criteria in 349.11d, installed in
the device they operate are not required to be within a secondary
container that can withstand a 1.7-meter drop test prior to utilizing a
padded or poly bag as outer packaging.
* * * * *
Appendix D
Hazardous Materials Definitions
* * * * *
[Revise definition of Rigid to read as follows:]
Rigid means unable to bend or be forced out of shape; not flexible.
Rigid outer packaging is generally interpreted to mean a fiberboard
(cardboard) box or outer packaging of equivalent strength, durability,
and rigidity. See 131.
* * * * *
Colleen Hibbert-Kapler,
Attorney, Ethics and Legal Compliance.
[FR Doc. 2023-27643 Filed 12-14-23; 8:45 am]
BILLING CODE 7710-12-P