Revision to Mailing Standards for the Transport of Lithium Batteries, 11372-11375 [2017-03397]
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11372
Federal Register / Vol. 82, No. 34 / Wednesday, February 22, 2017 / Notices
containing core debris and damaged
spent nuclear fuel from the TMI–2
reactor. The proposed amendment
would revise the licensee delegation of
authority in the license, the technical
specifications, and the final safety
analysis report. These documents
currently delegate authority under the
license to the Manager, DOE Idaho
Operations Office. This amendment
would replace that reference with the
Deputy Manager, Idaho Cleanup Project
in each of the documents.
In a letter to DOE dated December 9,
2016, the NRC notified DOE that the
application was acceptable to begin a
technical review (ADAMS Accession
No. ML16347A192). The NRC’s Office of
Nuclear Materials Safety and Safeguards
has docketed this application under
Docket No. 72–20. If the NRC approves
the amendment, the approval will be
documented in an amendment to NRC
Materials License No. SNM–2508. The
Commission will approve the license
amendment if it determines that the
request complies with the standards and
requirements of the Atomic Energy Act
of 1954, as amended, and the NRC’s
rules and regulations, and make
findings consistent with the National
Environmental Policy Act and part 51 of
title 10 of the Code of Federal
Regulations (10 CFR). These findings
will be documented in a safety
evaluation report.
II. Opportunity To Request a Hearing
The Commission may issue either a
notice of hearing or a notice of proposed
action and opportunity for hearing in
accordance with 10 CFR 72.46(b)(1) or,
if a determination is made that the
amendment does not present a genuine
issue as to whether public health and
safety will be significantly affected, take
immediate action on the amendment in
accordance with 10 CFR 72.46(b)(2), and
provide notice of the action taken and
an opportunity for interested persons to
request a hearing on whether the action
should be rescinded or modified.
sradovich on DSK3GMQ082PROD with NOTICES
Dated at Rockville, Maryland, this 14th day
of February, 2017.
For the Nuclear Regulatory Commission.
Bernard H. White, IV,
Acting Chief, Spent Fuel Licensing Branch,
Division of Spent Fuel Management, Office
of Nuclear Material Safety and Safeguards.
[FR Doc. 2017–03436 Filed 2–21–17; 8:45 am]
BILLING CODE 7590–01–P
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NUCLEAR REGULATORY
COMMISSION
[Project No. 0769; NRC–2017–0043]
NuScale Power, LLC
Nuclear Regulatory
Commission.
ACTION: Design certification application;
receipt.
AGENCY:
The U.S. Nuclear Regulatory
Commission (NRC) received a design
certification application (DCA) from
NuScale Power, LLC (NuScale), on
January 6, 2017, for a Small Modular
Reactor (SMR). The DCA package
included a transmittal letter, dated
December 31, 2016, which indicated the
application would be supplemented
with one topical report and four
technical reports by January 10, 2017.
By January 12, 2017, NuScale provided
updated files that allowed for the
successful completion of the NRC’s
electronic processing of the DCA
package.
SUMMARY:
The application was received on
January 13, 2017.
ADDRESSES: Please refer to Docket ID
NRC–2017–0043 when contacting the
NRC about the availability of
information regarding this document.
You may obtain publicly-available
information related to this document
using any of the following methods:
• Federal Rulemaking Web site: Go to
https://www.regulations.gov and search
for Docket ID NRC–2017–0043. Address
questions about NRC dockets to Carol
Gallagher; telephone: 301–287–3422;
email: Carol.Gallagher@nrc.gov. For
technical questions, contact the
individual listed in the FOR FURTHER
INFORMATION CONTACT section of this
document.
• NRC’s Agencywide Documents
Access and Management System
(ADAMS): You may obtain publiclyavailable documents online in the
ADAMS Public Documents collection at
https://www.nrc.gov/reading-rm/
adams.html. To begin the search, select
‘‘ADAMS Public Documents’’ and then
select ‘‘Begin Web-based ADAMS
Search.’’ For problems with ADAMS,
please contact the NRC’s Public
Document Room (PDR) reference staff at
1–800–397–4209, 301–415–4737, or by
email to pdr.resource@nrc.gov. The
ADAMS accession number for each
document referenced (if it is available in
ADAMS) is provided the first time that
it is mentioned in this document. The
entire NuScale application is available
in ADAMS under Accession No.
ML17013A229.
DATES:
PO 00000
Frm 00037
Fmt 4703
Sfmt 4703
• NRC’s PDR: You may examine and
purchase copies of public documents at
the NRC’s PDR, Room O1–F21, One
White Flint North, 11555 Rockville
Pike, Rockville, Maryland 20852.
FOR FURTHER INFORMATION CONTACT:
Bruce Bavol, Office of New Reactors,
U.S. Nuclear Regulatory Commission,
Washington, DC 20555–0001; telephone:
301–415–6715, email: Bruce.Bavol@
nrc.gov.
By letter
dated December 31, 2016, NuScale filed
an application for a standard design
certification of the NuScale SMR with
the NRC, pursuant to Section 103 of the
Atomic Energy Act of 1954, as amended,
and part 52 of title 10 of the Code of
Federal Regulations (10 CFR),
‘‘Licenses, Certifications, and Approvals
for Nuclear Power Plants.’’
The NuScale SMR is a pressurizedwater reactor (PWR). The design is
based on the Multi-Application Small
Light Water Reactor (MASLWR)
developed at Oregon State University in
the early 2000s. The NuScale SMR is a
natural circulation light-water reactor
with the reactor core and helical coil
steam generator located in a common
reactor vessel in a cylindrical steel
containment. The NuScale power
module is immersed in water in a safety
related pool. The reactor pool is located
below grade and is designed to hold up
to twelve (12) power modules. Each
NuScale SMR has a rated thermal
output of 160 megawatts thermal (MWt)
and electrical output of 50 megawatts
electric (MWe). Each plant can hold up
to 12 modules yielding a total capacity
of 600 MWe.
The acceptability of the tendered
application for docketing and other
matters relating to the requested
rulemaking pursuant to 10 CFR 52.51
for design certification, including
provisions for participation of the
public and other parties, will be the
subject of subsequent Federal Register
notices.
SUPPLEMENTARY INFORMATION:
Dated at Rockville, Maryland, this 15th day
of February, 2017.
For the Nuclear Regulatory Commission.
Frank Akstulewicz,
Director, Division of New Reactor Licensing,
Office of New Reactors.
[FR Doc. 2017–03438 Filed 2–21–17; 8:45 am]
BILLING CODE 7590–01–P
POSTAL SERVICE
Revision to Mailing Standards for the
Transport of Lithium Batteries
AGENCY:
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Postal ServiceTM.
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Federal Register / Vol. 82, No. 34 / Wednesday, February 22, 2017 / Notices
The Postal Service is
preparing to revise Publication 52,
Hazardous, Restricted, and Perishable
Mail, in various sections to provide new
mailing standards for lithium batteries.
Prior to making these revisions, the
Postal Service believes that it is
appropriate to invite comments
regarding the nature and scope of the
contemplated changes.
DATES: The Postal Service must receive
written comments on or before March
24, 2017.
ADDRESSES: Mail or deliver written
comments to the manager, Product
Classification, U.S. Postal Service, 475
L’Enfant Plaza SW., Room 4446,
Washington, DC 20260–5015. If sending
comments by email include the name
and postal address of the commenter
and send to ProductClassification@
usps.gov, with a subject line of ‘‘ATTN:
Lithium Batteries.’’ Faxed comments are
not accepted. You may inspect and
photocopy all written comments, by
appointment only, at USPS®
Headquarters Library, 475 L’Enfant
Plaza SW., 11th Floor North,
Washington, DC 20260. These records
are available for review Monday through
Friday, 9 a.m.–4 p.m., by calling 202–
268–2906.
FOR FURTHER INFORMATION CONTACT:
Michelle Lassiter (202) 268–2914, or
Kevin Gunther (202) 268–7208.
SUPPLEMENTARY INFORMATION:
SUMMARY:
Overview
sradovich on DSK3GMQ082PROD with NOTICES
Pursuant to the Mailing Standards of
the United States Postal Service,
Domestic Mail Manual (DMM®), section
601.8.2, Publication 52 provides mailing
standards specific to hazardous,
restricted and perishable items and
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materials, including lithium batteries.
As discussed in more detail below, the
Postal Service is preparing to make
revisions to Publication 52 in order to
align its mailing standards for
shipments of lithium batteries with the
regulations of the applicable regulatory
agencies. The Postal Service believes
these changes are necessary to facilitate
the movement of mailpieces containing
lithium batteries in USPS networks,
including contracted transportation
services obtained from commercial
sources.
Pending Revisions to Publication 52
Specifically, the Postal Service finds
that it will be necessary to make
revisions in order to align with the
proposed changes to lithium battery
transportation from the Department of
Transportation (DOT), Pipeline and
Hazardous Materials Safety
Administration (PHMSA), and to
maintain consistency with international
regulations and standards. In addition,
the Postal Service intends to revise
Publication 52 to align with the
International Civil Aviation
Organization’s Technical Instructions
for the Safe Transport of Dangerous
Goods by Air (ICAO Technical
Instructions) with regard to the
transportation of lithium batteries by
air.
PHMSA Rulemaking
On September 7, 2016 (81 FR 61742),
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,
PO 00000
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Sfmt 4725
special provisions, packaging
authorizations, air transport quantity
limitations, and vessel stowage
requirements. In its proposed final rule,
PHMSA relates its intent to harmonize
its Hazardous Materials Regulations
(HMR) with recent changes made to the
International Maritime Dangerous
Goods Code, the ICAO Technical
Instructions, and the United Nations
Recommendations on the Transport of
Dangerous Goods—Model Regulations.
Because of concerns for the exposure
to risk associated with hazardous
materials in its networks, the Postal
Service accepts only a fraction of the
materials regulated by PHMSA. As a
result, the Postal Service expects few of
the revisions addressed by PHMSA in
its recent proposed rulemaking to have
an impact on Postal Service mailing
standards. With regard to lithium
batteries, the Postal Service generally
accepts only those cells and batteries
eligible for the PHMSA’s exceptions for
smaller cells and batteries under 49 CFR
173.185(c). In this notice, the Postal
Service addresses only those revisions
directly related to the transportation of
lithium batteries, and only those
expected to directly impact the
movement of lithium batteries in Postal
Service networks.
PHMSA Proposed Rule
The revisions discussed in the
PHMSA proposed rule having direct
effect on Postal Service networks
include:
• PHMSA replaces the existing text
marking requirements in 49 CFR
173.185(c)(3) with a standard lithium
battery mark (shown below) for use in
all transport modes, and removes the
requirement in 49 CFR 173.185(c)(3) for
shippers to provide an alternative
document.
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Notice of prospective revision of
standards; invitation to comment.
ACTION:
11373
Federal Register / Vol. 82, No. 34 / Wednesday, February 22, 2017 / Notices
sradovich on DSK3GMQ082PROD with NOTICES
• PHMSA creates a new section
containing a new Class 9 hazard
warning label for lithium batteries. The
label (shown below) consists of the
existing Class 9 label with the addition
of a figure in the lower half depicting a
group of batteries with one broken and
emitting a flame. The label is intended
to appear on packages containing
lithium batteries required to display
hazard warning labels, and is intended
to better communicate the specific
hazards posed by lithium batteries.
• PHMSA amends 49 CFR
173.185(c)(2) and (c)(3)(i) to specify that
outer packaging used to contain small
lithium batteries must be rigid and of
adequate size so the handling mark can
be affixed on one side without the mark
being folded. PHMSA provides a limited
exception to the rigid outer packaging
requirement when ‘‘the cell or battery is
afforded equivalent protection by the
equipment in which it is contained.’’
• PHMSA modifies 49 CFR 175.185 to
clarify the definition of a consignment
of hazardous materials as ‘‘one or more
packages of hazardous materials
accepted by an operator from one
shipper at one time and at one address,
receipted for in one lot and moving to
one consignee at one destination
address.’’ PHMSA also expands the
requirement in 49 CFR 173.185(c)(3) for
lithium battery marks to appear on
packages containing small 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.
PHMSA states that this requirement
does not apply to a package containing
button cell batteries installed in
equipment (including circuit boards), or
when there are not more than two
packages in the consignment and the
package contains no more than four
lithium cells or two lithium batteries
installed in the equipment.
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16:05 Feb 21, 2017
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ICAO Addenda
ICAO published addendum number 3
to its Technical Instructions on January
15, 2016, and addendum number 4 on
February 23, 2016 (https://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.
Proposed USPS Mailing Standards
Within the next several weeks, the
Postal Service intends to revise
Publication 52 to align with PHMSA’s
proposed regulations, and to maintain
consistency with international
regulations and standards. As such, the
Postal Service contemplates the
following changes:
• The Postal Service would 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. 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
mark. The Postal Service would also
eliminate the requirement for
accompanying documentation with
mailings of lithium batteries.
• The Postal Service would 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 USPS networks.
• The Postal Service would align its
standards with PHMSA’s proposed
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regulations with regard to the
requirement that the outer packaging
used to contain small lithium batteries
be rigid and of adequate size so the
handling mark can be affixed on one
side without the mark being folded. The
Postal Service would also 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 limit this
exception only to batteries meeting the
USPS definition of a button cell battery
in 349.11(e) of Publication 52.
• The Postal Service would 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. The
Postal Service would continue to define
a consignment in postal terms as a
single parcel, making any action
regarding this PHMSA regulation
unnecessary.
The Postal Service also expects to
revise Publication 52 to align with the
April 1, 2016, final version of the ICAO
regulations described above. With
regard to mail classes and products
using air transportation, the Postal
Service contracts with both passenger
airlines and commercial air cargo
providers. Depending on volume,
schedules, and other operational factors,
the Postal Service directs mail,
including packages, between various air
transportation providers as necessary.
At times, such decisions are made
during, or subsequent to the finalization
and containerization of these
mailpieces. Consequently, the Postal
Service has concerns for its ability to
reliably separate mail eligible for
transport via passenger aircraft from that
exclusive to cargo aircraft. Additionally,
the Postal Service has noted that a
number of commercial transportation
providers have adopted procedures and
policies compliant with the April 1,
2016, version of the ICAO regulations.
To eliminate the potential for refusal of
mail containing lithium batteries
tendered to its contracted air carriers,
the Postal Service proposes to align its
mailing standards with the ICAO
regulations. With regard to this
alignment, the Postal Service
contemplates the following changes:
• Prohibit UN3480 lithium-ion and
lithium polymer batteries in USPS air
transportation.
• 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
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Federal Register / Vol. 82, No. 34 / Wednesday, February 22, 2017 / Notices
the previous eight cells or two batteries
to an aggregate mailpiece limit of 5
pounds (while retaining its previous
battery capacity limitations of 20 Wh/
cell and 100 Wh/battery).
If it proceeds as planned, the Postal
Service expects to provide for an
implementation date approximately 60
days following notice of its adoption of
these proposed revised mailing
standards, and may entertain requests
for limited extensions if necessary.
Stanley F. Mires,
Attorney, Federal Compliance.
[FR Doc. 2017–03397 Filed 2–21–17; 8:45 am]
BILLING CODE 7710–12–P
SECURITIES AND EXCHANGE
COMMISSION
Proposed Collection; Comment
Request
Upon Written Request, Copies Available
From: Securities and Exchange
Commission, Office of FOIA Services,
100 F Street NE., Washington, DC
20549–2736.
sradovich on DSK3GMQ082PROD with NOTICES
Extension:
Rule 32a–4, SEC File No. 270–473, OMB
Control No. 3235–0530.
Notice is hereby given that, pursuant
to the Paperwork Reduction Act of 1995
(44 U.S.C. 3501 et seq.), the Securities
and Exchange Commission
(‘‘Commission’’) is soliciting comments
on the collections of information
summarized below. The Commission
plans to submit these existing
collections of information to the Office
of Management and Budget (‘‘OMB’’) for
extension and approval.
Section 32(a)(2) of the Investment
Company Act of 1940 (15 U.S.C. 80a
31(a)(2)) (‘‘Act’’) requires that the
selection of a registered management
investment company’s or registered
face-amount certificate company’s
(collectively, ‘‘funds’’) independent
public accountant be submitted to
shareholders for ratification or rejection.
Rule 32a–4 under the Investment
Company Act (17 CFR 270.32a–4)
exempts a fund from this requirement if,
among other things, the fund has an
audit committee consisting entirely of
independent directors. The rule permits
continuing oversight of a fund’s
accounting and auditing processes by an
independent audit committee in place
of a shareholder vote.
Among other things, in order to rely
on rule 32a–4, a fund’s board of
directors must adopt an audit committee
charter and must preserve that charter,
and any modifications to the charter,
permanently in an easily accessible
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16:05 Feb 21, 2017
Jkt 241001
place. The purpose of these conditions
is to ensure that Commission staff will
be able to monitor the duties and
responsibilities of an audit committee of
a fund relying on the rule.
Commission staff estimates that on
average the board of directors takes 15
minutes to adopt the audit committee
charter. Commission staff has estimated
that with an average of 8 directors on
the board,1 total director time to adopt
the charter is 2 hours. Combined with
an estimated 1⁄2 hour of paralegal time
to prepare the charter for board review,
the staff estimates a total one-time
collection of information burden of 21⁄2
hours for each fund. Once a board
adopts an audit committee charter, the
charter is preserved as part of the fund’s
records. Commission staff estimates that
there is no annual hourly burden
associated with preserving the charter in
accordance with this rule.2
Because virtually all existing funds
have now adopted audit committee
charters, the annual one-time collection
of information burden associated with
adopting audit committee charters is
limited to the burden incurred by newly
established funds. Commission staff
estimates that fund sponsors establish
approximately 112 new funds each
year,3 and that all of these funds will
adopt an audit committee charter in
order to rely on rule 32a–4. Thus,
Commission staff estimates that the
annual one-time hour burden associated
with adopting an audit committee
charter under rule 32a–4 is
approximately 280 hours.4
When funds adopt an audit committee
charter in order to rely on rule 32a–4,
they also may incur one-time costs
related to hiring outside counsel to
prepare the charter. Commission staff
estimates that those costs average
approximately $1500 per fund.5 As
noted above, Commission staff estimates
that approximately 112 new funds each
year will adopt an audit committee
1 This
estimate is based on staff experience and
on discussions with a representative of an entity
that surveys funds and calculates fund board
statistics based on responses to its surveys.
2 This estimate is based on staff experience and
discussions with funds regarding the hour burden
related to maintenance of the charter.
3 This estimate is based on the average number of
notifications of registration on Form N–8A filed
from 2013–2015.
4 This estimate is based on the following
calculation: (2.5 burden hours for establishing
charter × 112 new funds = 280 burden hours).
5 Costs may vary based on the individual needs
of each fund. However, based on the staff’s
experience and conversations with outside counsel
that prepare these charters, legal fees related to the
preparation and adoption of an audit committee
charter usually average $1500 or less. The
Commission also understands that model audit
committee charters are available, which reduces the
costs associated with drafting a charter.
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Fmt 4703
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11375
charter in order to rely on rule 32a–4.
Thus, Commission staff estimates that
the ongoing annual cost burden
associated with rule 32a–4 in the future
will be approximately $168,000.6
These estimates of average costs are
made solely for the purposes of the
Paperwork Reduction Act. The
estimates are not derived from a
comprehensive or even a representative
survey or study of the costs of
Commission rules. The collections of
information required by rule 32a–4 are
necessary to obtain the benefits of the
rule. The Commission is seeking OMB
approval, because an agency may not
conduct or sponsor, and a person is not
required to respond to, a collection of
information unless it displays a
currently valid control number.
Written comments are invited on: (a)
Whether the collection of information is
necessary for the proper performance of
the functions of the Commission,
including whether the information has
practical utility; (b) the accuracy of the
Commission’s estimates of the burdens
of the collections of information; (c)
ways to enhance the quality, utility, and
clarity of the information collected; and
(d) ways to minimize the burdens of the
collections of information on
respondents, including through the use
of automated collection techniques or
other forms of information technology.
Consideration will be given to
comments and suggestions submitted in
writing within 60 days of this
publication.
Please direct your written comments
to Pamela Dyson, Director/Chief
Information Officer, Securities and
Exchange Commission, C/O Remi
Pavlik-Simon, 100 F Street NE.,
Washington, DC 20549; or send an email
to: PRA_Mailbox@sec.gov.
Dated: February 15, 2017.
Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2017–03424 Filed 2–21–17; 8:45 am]
BILLING CODE 8011–01–P
6 This estimate is based on the following
calculations: ($1500 cost of adopting charter × 112
newly established funds = $168,000).
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Agencies
[Federal Register Volume 82, Number 34 (Wednesday, February 22, 2017)]
[Notices]
[Pages 11372-11375]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-03397]
=======================================================================
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POSTAL SERVICE
Revision to Mailing Standards for the Transport of Lithium
Batteries
AGENCY: Postal ServiceTM.
[[Page 11373]]
ACTION: Notice of prospective revision of standards; invitation to
comment.
-----------------------------------------------------------------------
SUMMARY: The Postal Service is preparing to revise Publication 52,
Hazardous, Restricted, and Perishable Mail, in various sections to
provide new mailing standards for lithium batteries. Prior to making
these revisions, the Postal Service believes that it is appropriate to
invite comments regarding the nature and scope of the contemplated
changes.
DATES: The Postal Service must receive written comments on or before
March 24, 2017.
ADDRESSES: Mail or deliver written comments to the manager, Product
Classification, U.S. Postal Service, 475 L'Enfant Plaza SW., Room 4446,
Washington, DC 20260-5015. If sending comments by email include the
name and postal address of the commenter and send to
ProductClassification@usps.gov, with a subject line of ``ATTN: Lithium
Batteries.'' Faxed comments are not 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 available for review Monday
through Friday, 9 a.m.-4 p.m., by calling 202-268-2906.
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]), section 601.8.2,
Publication 52 provides mailing standards specific to hazardous,
restricted and perishable items and materials, including lithium
batteries. As discussed in more detail below, the Postal Service is
preparing to make revisions to Publication 52 in order to align its
mailing standards for shipments of lithium batteries with the
regulations of the applicable regulatory agencies. The Postal Service
believes these changes are necessary to facilitate the movement of
mailpieces containing lithium batteries in USPS networks, including
contracted transportation services obtained from commercial sources.
Pending Revisions to Publication 52
Specifically, the Postal Service finds that it will be necessary to
make revisions in order to align with the proposed changes to lithium
battery transportation from the Department of Transportation (DOT),
Pipeline and Hazardous Materials Safety Administration (PHMSA), and to
maintain consistency with international regulations and standards. In
addition, the Postal Service intends to revise Publication 52 to align
with the International Civil Aviation Organization's Technical
Instructions for the Safe Transport of Dangerous Goods by Air (ICAO
Technical Instructions) with regard to the transportation of lithium
batteries by air.
PHMSA Rulemaking
On September 7, 2016 (81 FR 61742), 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. In its proposed
final rule, PHMSA relates its intent to harmonize its Hazardous
Materials Regulations (HMR) with recent changes made to the
International Maritime Dangerous Goods Code, the ICAO Technical
Instructions, and the United Nations Recommendations on the Transport
of Dangerous Goods--Model Regulations.
Because of concerns for the exposure to risk associated with
hazardous materials in its networks, the Postal Service accepts only a
fraction of the materials regulated by PHMSA. As a result, the Postal
Service expects few of the revisions addressed by PHMSA in its recent
proposed rulemaking to have an impact on Postal Service mailing
standards. With regard to lithium batteries, the Postal Service
generally accepts only those cells and batteries eligible for the
PHMSA's exceptions for smaller cells and batteries under 49 CFR
173.185(c). In this notice, the Postal Service addresses only those
revisions directly related to the transportation of lithium batteries,
and only those expected to directly impact the movement of lithium
batteries in Postal Service networks.
PHMSA Proposed Rule
The revisions discussed in the PHMSA proposed rule having direct
effect on Postal Service networks include:
PHMSA replaces the existing text marking requirements in
49 CFR 173.185(c)(3) with a standard lithium battery mark (shown below)
for use in all transport modes, and removes the requirement in 49 CFR
173.185(c)(3) for shippers to provide an alternative document.
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PHMSA creates a new section containing a new Class 9
hazard warning label for lithium batteries. The label (shown below)
consists of the existing Class 9 label with the addition of a figure in
the lower half depicting a group of batteries with one broken and
emitting a flame. The label is intended to appear on packages
containing lithium batteries required to display hazard warning labels,
and is intended to better communicate the specific hazards posed by
lithium batteries.
[GRAPHIC] [TIFF OMITTED] TN22FE17.001
PHMSA amends 49 CFR 173.185(c)(2) and (c)(3)(i) to specify
that outer packaging used to contain small lithium batteries must be
rigid and of adequate size so the handling mark can be affixed on one
side without the mark being folded. PHMSA provides a limited exception
to the rigid outer packaging requirement when ``the cell or battery is
afforded equivalent protection by the equipment in which it is
contained.''
PHMSA modifies 49 CFR 175.185 to clarify the definition of
a consignment of hazardous materials as ``one or more packages of
hazardous materials accepted by an operator from one shipper at one
time and at one address, receipted for in one lot and moving to one
consignee at one destination address.'' PHMSA also expands the
requirement in 49 CFR 173.185(c)(3) for lithium battery marks to appear
on packages containing small 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. PHMSA states that this
requirement does not apply to a package containing button cell
batteries installed in equipment (including circuit boards), or when
there are not more than two packages in the consignment and the package
contains no more than four lithium cells or two lithium batteries
installed in the equipment.
ICAO Addenda
ICAO published addendum number 3 to its Technical Instructions on
January 15, 2016, and addendum number 4 on February 23, 2016 (https://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.
Proposed USPS Mailing Standards
Within the next several weeks, the Postal Service intends to revise
Publication 52 to align with PHMSA's proposed regulations, and to
maintain consistency with international regulations and standards. As
such, the Postal Service contemplates the following changes:
The Postal Service would 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. 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 mark. The Postal Service would also eliminate the requirement
for accompanying documentation with mailings of lithium batteries.
The Postal Service would 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 USPS networks.
The Postal Service would align its standards with PHMSA's
proposed regulations with regard to the requirement that the outer
packaging used to contain small lithium batteries be rigid and of
adequate size so the handling mark can be affixed on one side without
the mark being folded. The Postal Service would also 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 limit this
exception only to batteries meeting the USPS definition of a button
cell battery in 349.11(e) of Publication 52.
The Postal Service would 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. The Postal Service would continue to
define a consignment in postal terms as a single parcel, making any
action regarding this PHMSA regulation unnecessary.
The Postal Service also expects to revise Publication 52 to align
with the April 1, 2016, final version of the ICAO regulations described
above. With regard to mail classes and products using air
transportation, the Postal Service contracts with both passenger
airlines and commercial air cargo providers. Depending on volume,
schedules, and other operational factors, the Postal Service directs
mail, including packages, between various air transportation providers
as necessary. At times, such decisions are made during, or subsequent
to the finalization and containerization of these mailpieces.
Consequently, the Postal Service has concerns for its ability to
reliably separate mail eligible for transport via passenger aircraft
from that exclusive to cargo aircraft. Additionally, the Postal Service
has noted that a number of commercial transportation providers have
adopted procedures and policies compliant with the April 1, 2016,
version of the ICAO regulations. To eliminate the potential for refusal
of mail containing lithium batteries tendered to its contracted air
carriers, the Postal Service proposes to align its mailing standards
with the ICAO regulations. With regard to this alignment, the Postal
Service contemplates the following changes:
Prohibit UN3480 lithium-ion and lithium polymer batteries
in USPS air transportation.
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
[[Page 11375]]
the previous eight cells or two batteries to an aggregate mailpiece
limit of 5 pounds (while retaining its previous battery capacity
limitations of 20 Wh/cell and 100 Wh/battery).
If it proceeds as planned, the Postal Service expects to provide
for an implementation date approximately 60 days following notice of
its adoption of these proposed revised mailing standards, and may
entertain requests for limited extensions if necessary.
Stanley F. Mires,
Attorney, Federal Compliance.
[FR Doc. 2017-03397 Filed 2-21-17; 8:45 am]
BILLING CODE 7710-12-P