New Marking Standards for Parcels Containing Hazardous Materials, 70895-70902 [2012-28673]
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Federal Register / Vol. 77, No. 229 / Wednesday, November 28, 2012 / Rules and Regulations
under the Paperwork Reduction Act of
1995 (44 U.S.C. 3501–3521).
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Regulatory Flexibility Act
The Secretary hereby certifies that
this regulatory amendment will not
have a significant economic impact on
a substantial number of small entities as
defined in the Regulatory Flexibility
Act, 5 U.S.C. 601–612. This rule affects
only VA beneficiaries and does not
affect a substantial number of small
entities. Because this rule updates an
existing regulation to make it consistent
with existing statutory authority and
reflect current and long-standing VA
practices, VA anticipates no additional
expenditures or actions as a result of
this rule. Therefore, under 5 U.S.C.
605(b), this rulemaking is exempt from
the initial and final regulatory flexibility
analysis requirements of sections 603
and 604.
Executive Orders 12866 and 13563
Executive Orders 12866 and 13563
direct agencies to assess the costs and
benefits of available regulatory
alternatives and, when regulation is
necessary, to select regulatory
approaches that maximize net benefits
(including potential economic,
environmental, public health and safety
effects, and other advantages;
distributive impacts; and equity).
Executive Order 13563 (Improving
Regulation and Regulatory Review)
emphasizes the importance of
quantifying both costs and benefits,
reducing costs, harmonizing rules, and
promoting flexibility. Executive Order
12866 (Regulatory Planning and
Review) defines a ‘‘significant
regulatory action’’ requiring review by
the Office of Management and Budget
(OMB) as ‘‘any regulatory action that is
likely to result in a rule that may: (1)
Have an annual effect on the economy
of $100 million or more or adversely
affect in a material way the economy, a
sector of the economy, productivity,
competition, jobs, the environment,
public health or safety, or State, local,
or tribal governments or communities;
(2) Create a serious inconsistency or
otherwise interfere with an action taken
or planned by another agency; (3)
Materially alter the budgetary impact of
entitlements, grants, user fees, or loan
programs or the rights and obligations of
recipients thereof; or (4) Raise novel
legal or policy issues arising out of legal
mandates, the President’s priorities, or
the principles set forth in this Executive
Order.’’
The economic, interagency,
budgetary, legal, and policy
implications of this regulatory action
have been examined, and it has been
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determined not to be a significant
regulatory action under Executive Order
12866.
Unfunded Mandates Reform Act
70895
Dated: November 21, 2012.
Robert C. McFetridge,
Director, Regulation Policy and Management,
Office of the General Counsel, Department
of Veterans Affairs.
The Unfunded Mandates Reform Act
of 1995 requires, at 2 U.S.C. 1532, that
agencies prepare an assessment of
anticipated costs and benefits before
issuing any rule that may result in
expenditures by State, local, and tribal
governments, in the aggregate, or by the
private sector, of $100 million or more,
adjusted annually for inflation, in any
one year. This final rule will have no
such effect on State, local, and tribal
governments, or on the private sector.
For the reasons stated in the
preamble, the Department of Veterans
Affairs amends 38 CFR part 17 as
follows:
Catalog of Federal Domestic Assistance
§ 17.52 Hospital care and medical services
in non-VA facilities.
The Catalog of Federal Domestic
Assistance numbers and titles for the
programs affected by this document are
64.007, Blind Rehabilitation Centers;
64.008, Veterans Domiciliary Care;
64.009, Veterans Medical Care Benefits;
64.010, Veterans Nursing Home Care;
64.011, Veterans Dental Care; 64.012,
Veterans Prescription Service; 64.013,
Veterans Prosthetic Appliances; 64.014,
Veterans State Domiciliary Care; 64.015,
Veterans State Nursing Home Care;
64.018, Sharing Specialized Medical
Resources; 64.019, Veterans
Rehabilitation Alcohol and Drug
Dependence; 64.022, Veterans Home
Based Primary Care; and 64.024, VA
Homeless Providers Grant and Per Diem
Program.
Signing Authority
The Secretary of Veterans Affairs, or
designee, approved this document and
authorized the undersigned to sign and
submit the document to the Office of the
Federal Register for publication
electronically as an official document of
the Department of Veterans Affairs. John
R. Gingrich, Chief of Staff, Department
of Veterans Affairs, approved this
document on November 19, 2012, for
publication.
List of Subjects in 38 CFR Part 17
Administrative practice and
procedure, Alcohol abuse, Alcoholism,
Claims, Day care, Dental health, Drug
abuse, Government contracts, Grant
programs—health, Government
programs—veterans, Health care, Health
facilities, Health professions, Health
records, Homeless, Mental health
programs, Nursing homes, Reporting
and recordkeeping requirements,
Veterans.
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PART 17—MEDICAL
1. The authority citation for part 17
continues to read as follows:
■
Authority: 38 U.S.C. 501, and as noted in
specific sections.
2. Revise § 17.52(a)(2)(ii) to read as
follows:
■
(a) * * *
(2) * * *
(ii) A veteran who has been furnished
hospital care, nursing home care,
domiciliary care, or medical services,
and requires medical services to
complete treatment incident to such
care or services (each authorization for
non-VA treatment needed to complete
treatment may continue for up to 12
months, and new authorizations may be
issued by VA as needed), and
*
*
*
*
*
[FR Doc. 2012–28778 Filed 11–27–12; 8:45 am]
BILLING CODE 8320–01–P
POSTAL SERVICE
39 CFR Part 111
New Marking Standards for Parcels
Containing Hazardous Materials
Postal ServiceTM.
Final rule.
AGENCY:
ACTION:
The Postal Service is revising
Mailing Standards of the United States
Postal Service, Domestic Mail Manual
(DMM®) 601.10 to adopt new
mandatory marking standards for
parcels containing mailable hazardous
material that will align with the revised
requirements provided by the
Department of Transportation (DOT).
This revision also provides terminology
and categorization changes needed to
respond to the pending elimination of
the ‘‘Other Regulated Material’’ (ORM–
D) category and the partial elimination
of the ‘‘consumer commodity’’ category
by the DOT.
DATES: Effective January 1, 2013.
FOR FURTHER INFORMATION CONTACT:
Kevin Gunther at 202–268–7208.
SUPPLEMENTARY INFORMATION: The Postal
Service will revise DMM 601.10, and
SUMMARY:
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make corresponding revisions to
Publication 52, Hazardous, Restricted,
and Perishable Mail, chapters 2, 3 and
7, and Appendices A and C, to adopt
new marking standards for parcels
containing mailable hazardous
materials. In August 2012, these
marking standards were added to the
DMM for optional-use by mailers and
supplement the previously authorized
DMM marking standards for parcels
containing mailable hazardous
materials.
With this revision, the Postal Service
will require the use of these markings
on parcels intended for air and surface
transportation. However, the new
markings standards will be deferred for
parcels intended for surface
transportation to coincide with the
delayed implementation date for ground
transportation provided by the DOT.
The new standards, including proposed
implementation dates, are summarized
below.
Mailers should note that any other
marking or documentation requirements
not specifically referenced in this final
rule, including the preparation of a
properly completed shipper’s
declaration, will not be modified or
eliminated by any of the revisions
described herein. It should also be noted
that the adoption of these new standards
is not intended to expand or limit the
mailable materials or quantities
previously permitted under the ORM–D
category.
Background
On January 19, 2011, the DOT’s
Pipeline and Hazardous Materials Safety
Administration (PHMSA) published
final rule HM–215K (76 FR 3308–3389),
which harmonized the requirements of
the U.S. Hazardous Materials
Regulations (HMR) with international
transport requirements. In its Federal
Register final rule, PHMSA signaled its
intent to, among other things, eliminate
the ‘‘Other Regulated Material’’ (ORM–
D) classification for all forms of
transportation. This change will become
effective on January 1, 2013, for
shipments intended for air
transportation and on January 1, 2015,
for shipments intended for surface
transportation.
In addition to the elimination of the
ORM–D category, PHMSA also
eliminates the ‘‘consumer commodity’’
category for products in hazard Classes
4, 5, and 8, as well as a portion of
hazard Class 9, for all shipments
intended for air transportation. This
change will become effective on January
1, 2013. After this date, the mailability
of materials previously falling within
the ‘‘consumer commodity’’ category
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must be evaluated based on its
eligibility under the limited quantity
category in the HMR.
PHMSA expects that the alignment of
the existing limited quantity provisions
in the HMR with international standards
and regulations will enhance safety by
facilitating a single uniform system of
transporting limited quantity materials.
Because of the inherent risk unique to
air transportation, PHMSA believes that
full harmonization with the
International Civil Aviation
Organization Technical Instructions
(ICAO TI) is necessary with regard to
the materials authorized and the
guidelines for limited quantities
(including consumer commodities)
intended for transport by air. The ICAO
TI also include specific provisions for
air transport of dangerous goods in the
mail, which are much more restrictive
than the general standards. No
dangerous goods are allowed in
international mail, with the exception of
certain infectious substances, certain
patient specimens and certain
radioactive materials as noted in section
135 of Mailing Standards of the United
States Postal Service, International Mail
Manual (IMM®); these materials may be
sent only by authorized mailers for
authorized purposes.
On August 6, 2012, based on the
regulations provided by PHMSA in its
January 19, 2011, Federal Register final
rule, the Postal Service revised the
DMM to incorporate optional marking
standards for parcels containing
mailable hazardous materials. These
standards provided that mailers could
optionally use new marking standards
consistent with the new DOT marking
requirements, or continue to use the
previous USPS® marking standards.
On October 3, 2012, the Postal Service
published a proposed rule in the
Federal Register (77 FR 60334–60339)
to announce its proposal for new
mailing standards to align with PHMSA
regulations provided in the January 19,
2011, notice. The Postal Service
received comments in response to this
proposed rule, which are summarized
later in this notice.
Air Transport Standards for January 1,
2013
The Postal Service will align its
hazardous materials mailing
requirements with those of PHMSA by
requiring the marking standards
described in this final rule on all parcels
intended for air transportation. Effective
January 1, 2013, the optional marking
standards for parcels containing
mailable hazardous materials described
in the August 6, 2012, DMM revision
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will become mandatory for materials
intended for air transportation.
Effective January 1, 2013, the Postal
Service will begin to categorize
hazardous materials meeting the current
definition of a mailable ORM–D
material within hazard Classes 4, 5, or
8, and portions of 9, using the
description ‘‘mailable limited quantity;’’
and will retain the description
‘‘consumer commodity’’ for all other
mailable hazard classes. The Postal
Service will also revise the DMM to
replace the current ORM–D category for
parcels containing materials intended
for air transportation with the
applicable ‘‘consumer commodity’’ or
the new ‘‘mailable limited quantity’’
categories.
Mailpieces containing currently
authorized air-eligible consumer
commodities (ORM–D–AIR) within DOT
Class 2.2 (nonflammable, nontoxic
gasses), Class 3 (flammable and
combustible liquids), Class 6.1 (toxic
substances), and Class 9 (miscellaneous)
will be reclassified under hazard Class
9 (miscellaneous) instead of their
previous ‘‘ORM–D–AIR’’ classification.
Mailpieces containing this material will
also be required to bear the proper
shipping name ‘‘Consumer
Commodity,’’ the Identification Number
‘‘ID8000,’’ and both the DOT square-onpoint marking including the symbol ‘‘Y’’
and an approved DOT Class 9 hazardous
material warning label. Mailpieces must
also bear a shipper’s declaration for
dangerous goods.
Mailpieces containing mailable airauthorized limited quantity Class 9
materials within UN3077, UN3082,
UN3334 and UN3335, will be required
to bear the proper shipping name
‘‘Consumer Commodity,’’ Identification
Number ‘‘ID8000,’’ and both the DOT
square-on-point marking including the
symbol ‘‘Y’’ and an approved DOT Class
9 hazardous material warning label.
These are the only Class 9 materials
authorized by the DOT to be shipped
under the limited quantity classification
by domestic air transportation.
Effective January 1, 2013, the Postal
Service will also require the use of other
DOT hazardous warning labels on
packages intended for air transportation,
which contain materials that meet the
current definition of a mailable ORM–D
material in hazard Class 5.1 (oxidizing
substances), hazard Class 5.2 (organic
peroxides) and hazard Class 8
(corrosives). The DOT will no longer
define a consumer commodity category
for these particular hazard classes.
Similarly, the DOT will not define a
consumer commodity in hazard Class 4
(flammable solids); however this will
not have an impact for USPS mailers
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because the Postal Service does not
currently permit hazard class 4
materials in its air transportation
networks. These mailpieces will also be
required to bear the proper shipping
name and Identification Number, as
identified in Publication 52 Appendix
A, both DOT square-on-point marking
(including the symbol ‘‘Y’’), and the
appropriate approved DOT hazardous
material warning label. Mailpieces must
also bear a shipper’s declaration for
dangerous goods.
Before January 1, 2015, mailable
hazardous materials intended for
surface transportation will continue to
be classified using the ORM–D
categorization. Until that time, mailers
will have the option of continuing to
use the current ‘‘ORM–D’’ marking for
materials intended for ground
transportation, or using the new DOTauthorized ‘‘square-on-point’’ limited
quantity marking on parcels containing
mailable hazardous materials.
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Surface Transport Standards for
January 1, 2015
The Postal Service plans to
implement the final segment of its
alignment with PHMSA by eliminating
the optional ORM–D markings and
categorization for hazardous materials
intended for surface transportation on
January 1, 2015. The use of ORM–D
markings will no longer be permitted for
use with any materials being tendered
for transport within USPS networks,
either by surface or air. After this date,
all mailpieces containing hazardous
materials will be required to be marked
using the appropriate DOT square-onpoint marking.
With this revision, mailable limited
quantity and mailable consumer
commodity materials, when tendered to
the Postal Service, must bear an
approved DOT square-on-point marking.
The use of additional DOT hazardous
material warning labels will not be
required or permitted on parcels
intended for transportation in USPS
ground networks.
Comments
The Postal Service received three
comments in response to the October 3,
2012, proposed rule, with some
commenters addressing more than a
single issue. All commenters were
generally in support of the Postal
Service’s actions to align with DOT
regulations in regards to the mailing of
hazardous materials. These comments
are summarized as follows:
Comment: One commenter questions
why the Postal Service would agree to
adopt PHMSA regulations, provided in
49 Code of Federal Regulations (CFR)
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into their mailing standards when the
Postal Service claims to be regulated by
39 CFR.
Response: Although Postal Service
mailing standards are provided in 39
CFR, the Postal Service attempts to
maintain consistency with 49 CFR
whenever possible. Generally, Postal
Service mailing standards are more
restrictive than those provided in 49
CFR, and include many additional
limitations and prohibitions not
applicable to commercial carriers. One
benefit of the Postal Service’s alignment
with PHMSA is that it will provide for
consistency in the marking
requirements for hazardous materials,
whether transported through the Postal
Service or a commercial carrier. Another
benefit to the alignment with PHMSA
regulations is the adoption of common
categorization and terminology. The
Postal Service expects that the use of
terminology common to both the DOT
and USPS will improve the processing
and consistency of rulings on the
mailability of hazardous materials and
will make these rulings more consistent.
Comment: A commenter asks if the
Postal Service intends to provide
appropriate labeling, marking, and
packaging material.
Response: Although the Postal Service
provides mailing supplies and
packaging for customer use with some
postal products, it generally does not
provide supplies expressly for the
purpose of mailing hazardous materials.
The Postal Service does not intend to
modify its current policy as a result of
the changes described in this notice.
Comment: A commenter states that
the DMM revisions provided by the
Postal Service in its October 3, 2012
proposed rule are inconsistent with
Publication 52, as it relates to the
mailability of UN3175, solids containing
flammable liquids, materials. The
commenter notes that Publication 52
limits the mailing of these materials
only to surface transportation.
Response: The Postal Service agrees
and has chosen not to provide an option
for air transportation of these materials.
The Postal Service has revised its
proposed standards accordingly.
Qualifying UN3175 materials may still
be shipped via USPS surface
transportation.
Comment: A commenter states that
the mailing standards provided in the
October 3, 2012, proposed rule
incorrectly imply that all hazardous
materials in hazard Classes 2.2, 3, 6.1,
and 9 are eligible to be reclassified
under Class 9 and permitted to bear the
ID8000 identification number, when
being shipped through the Postal
Service. The commenter recommends
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70897
revised language to clarify that this
option is applicable only to articles or
substances that meet the definition of a
consumer commodity in hazard Class 2
(non-toxic aerosols only), Class 3
(packing group II and III only), Division
6.1 (packing group III only), or UN3077
and UN3082 materials that do not have
subsidiary risk and are authorized
aboard passenger aircraft.
Response: It was not the intent of the
Postal Service to either limit or expand
the group of hazardous materials
presently mailable by air transportation.
The Postal Service believes that use of
the language recommended by the
commenter would limit the mailability
of some materials currently accepted for
air transportation. However, the Postal
Service agrees with the commenter that
further clarification is necessary to
specify that only certain materials and
quantities are eligible for air
transportation in USPS networks.
Therefore, the Postal Service will
modify the October 3, 2012, proposed
language to specify that only mailable
air-eligible consumer commodity
materials can be tendered to the Postal
Service for air transportation.
Comment: A commenter expressed
concern that the regulations provided by
PHMSA in its January 19, 2011, Federal
Register final rule relates a false
impression that all hazard Class 3, 6.1
and 9 materials, including lithium
batteries would be eligible to be
reclassified under hazard Class 9 and
permitted to bear the ID8000
identification number.
Response: Without commenting on
the objective of PHMSA relative to the
transport of lithium batteries, the Postal
Service intends to continue to provide
standards unique to the mailing of
lithium batteries and solid carbon
dioxide (dry ice) and will not provide
an option for mailers to classify or mark
parcels containing lithium batteries or
dry ice as ID8000 materials.
Comment: A commenter states that
the Postal Service’s January 1, 2015,
proposed implementation date for the
surface transportation portion of these
standards is premature. This commenter
states that the HMR allows for materials
to classified and marked as ORM–D for
surface transportation until December
31, 2013, and that PHMSA has only
proposed to extend the required date for
these regulations until January 1, 2015.
Response: This commenter is correct
in that PHMSA has only proposed to
delay their implementation until
January 1, 2015, however the Postal
Service expects the extension of their
implementation date to be adopted. The
Postal Service views the timeline for
implementation of the standards
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relating to surface transportation to be
less critical than those for air
transportation and has proposed a
January 1, 2015, implementation date as
the most likely to correspond with the
actual PHMSA effective date. However,
the Postal Service expects to be able to
implement its standards relating to
surface transportation either before or
after PHMSA’s implementation date
without significant issues.
Implementation
2. Revise the following sections of
Mailing Standards of the United States
Postal Service, Domestic Mail Manual
(DMM), as follows:
■
Mailing Standards of the United States
Postal Service, Domestic Mail Manual
(DMM)
*
*
*
*
600 Basic Standards for All Mailing
Services
601
The applicable standards contained in
this final rule are effective on January 1,
2013, and will be incorporated into the
DMM on January 27, 2013,
corresponding with the previously
scheduled price change update.
The Postal Service adopts the
following changes to Mailing Standards
of the United States Postal Service,
Domestic Mail Manual (DMM), which is
incorporated by reference in the Code of
Federal Regulations. See 39 CFR part
111.1.
List of Subjects in 39 CFR Part 111
Administrative practice and
procedure, Postal Service.
Accordingly, 39 CFR part 111 is
amended as follows:
PART 111—[AMENDED]
1. The authority citation for 39 CFR
part 111 continues to read as follows:
■
Authority: 5 U.S.C. 552(a); 13 U.S.C. 301–
307; 18 U.S.C. 1692–1737; 39 U.S.C. 101,
401, 403, 404, 414, 416, 3001–3011, 3201–
3219, 3403–3406, 3621, 3622, 3626, 3632,
3633, and 5001.
EXHIBIT 10.4
*
Mailability
*
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*
*
10.0
Hazardous Materials
10.1
Definitions
The following definitions apply:
*
*
*
*
[Revise 10.1c as follows:]
c. ORM–D (Other Regulated Material)
material is a limited quantity of a
hazardous material that presents a
limited hazard during transportation
due to its form, quantity, and packaging.
Not all hazardous materials permitted to
be shipped as a limited quantity can
qualify as an ORM–D material. The
ORM–D category is only applicable for
materials intended for ground
transportation. Effective January 1,
2015, the ORM–D category will be
eliminated for materials intended for
surface transportation. After this date,
the mailability of materials previously
fitting the description of ORM–D must
be evaluated based on its eligibility
under the applicable consumer
commodity or mailable limited quantity
categories.
*
[Revise 10.1d, Consumer Commodity,
by adding a new last sentence as
follows:]
d. * * * The consumer commodity
category will not apply to materials,
intended for air transportation, in
hazard classes 4, 5, and 8, and portions
of hazard Class 9.
[Re-sequence the current 10.1e
through 10.1i as the new 10.1f through
10.1j, and add a new item 10.1e as
follows:]
e. Mailable Limited Quantity is a
hazardous material in hazard Classes 4,
5, 8 or portions of 9 that presents a
limited hazard during transportation
(specifically air transport), and is
mailable in USPS air networks under
certain conditions and in limited
quantities.
*
*
*
*
*
10.3 USPS Standards for Hazardous
Material
[Revise 10.3 as follows:]
The USPS standards generally restrict
the mailing of hazardous materials to
ORM–D (permitted for surface
transportation only until January 1,
2015), and consumer commodity or
mailable limited quantity materials that
meet USPS quantity limitations and
packaging requirements. All exceptions
are subject to the standards in 10.0.
Detailed information on the mailability
of specific hazardous materials is
contained in Publication 52, Hazardous,
Restricted, and Perishable Mail.
*
*
*
*
*
10.4
*
Hazard Class
*
*
*
*
DOT HAZARD CLASSES AND MAILABILITY SUMMARY
Transportation method
Class
Hazard class name and
division
Domestic mail air
transportation
*
Domestic mail surface
transportation
*
*
*
*
[Revise text for hazard Classes 2 and
3, under the ‘‘Domestic Mail Air
Transportation’’ column (only) as
follows:]
2 ...................
Division 2.1 and 2.3: Prohibited.
Division 2.2: Only mailable
air-eligible Consumer Commodity materials per
10.12.2.
Flammable liquids: Prohibited.
Combustibles: Only mailable
air-eligible Consumer Commodity materials per
10.13.3.
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3 ...................
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Gases
Division—
2.1 Flammable Gases
2.2 Nonflammable, Nontoxic
Gases
2.3 Toxic Gases
Flammable and Combustible Liquids
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Federal Register / Vol. 77, No. 229 / Wednesday, November 28, 2012 / Rules and Regulations
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*
*
[Revise text for hazard Classes 5 and
6, under the ‘‘Domestic Mail Air
Transportation’’ column (only) as
follows:]
5 ...................
Only air-eligible Mailable Limited Quantity materials per
10.15.2.
6 ...................
*
*
*
8 ...................
Oxidizing Substances, Organic Peroxides
Division—
5.1 Oxidizing Substances
5.2 Organic Peroxides
Toxic Substances and Infectious Substances
Division—
6.1 Toxic Substances
6.2 Infectious Substances
*
*
Division 6.1: Only mailable
air-eligible Consumer Commodity materials per
10.16.2.
Division 6.2: Only per 10.17.
[Revise text for hazard Class 8, under
the ‘‘Domestic Mail Air Transportation’’
column (only) as follows:]
Corrosives
Only Mailable Limited Quantity materials per 10.19.2.
[Revise text for hazard Class 9, under
the ‘‘Hazard Class Name and Division’’
and ‘‘Domestic Mail Air
Transportation’’ columns (only) as
follows:]
9 ...................
Only mailable air-eligible Consumer Commodity materials
per 10.20.
*
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70899
*
*
Miscellaneous Hazardous
Materials
ID8000 materials UN3077,
UN3082, UN3334, or
UN3335 materials
*
*
10.7 Warning Labels for Hazardous
Materials
[Revise 10.7 as follows:]
With few exceptions as noted in these
standards, most hazardous materials
acceptable for mailing fall within the
current Other Regulated Materials
(ORM–D) regulations of 49 CFR 173.144
for materials intended for surface
transportation, and the consumer
commodity or mailable limited quantity
categories for materials intended for air
transportation. Mailpieces containing
mailable hazardous materials intended
for transportation by air are required to
bear an approved DOT square-on-point
marking under 10.8b and may also be
required to bear a specific DOT
hazardous material warning label (if
required for the hazard class shipped).
Mailpieces containing mailable
hazardous materials must be marked as
required in 10.8 and must bear DOT
handling labels (e.g., orientation arrows,
magnetized materials) when applicable.
Effective January 1, 2015, the ORM–D
category will be eliminated for materials
intended for surface transportation, and
mailpieces containing hazardous
materials intended for surface
transportation will be required to be
marked using the appropriate DOT
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square-on-point marking. Also after this
date, the mailability of materials
previously fitting the description of
ORM–D must be evaluated based on its
eligibility under the applicable
consumer commodity or mailable
limited quantity categories.
10.8 Package Markings for Hazardous
Materials
[Revise 10.8 as follows:]
Unless otherwise noted, each
mailpiece containing a mailable
hazardous material must be plainly and
durably marked on the address side
with the required shipping name and
UN identification number. Mailpieces
containing mailable air-eligible
hazardous materials intended for air
transportation must bear a DOT limited
quantity square-on-point marking under
8b. Mailpieces containing mailable
hazardous materials intended for
surface transportation may be entered
and marked under the ORM–D category
before January 1, 2015. After this date,
all parcels containing mailable
hazardous materials must bear the
appropriate DOT square-on-point
marking and other associated markings
when required. The following also
applies:
a. The use of DOT limited quantity
square-on-point markings are required
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for mailpieces intended for air
transportation and optional (until
January 1, 2015) for mailpieces intended
for surface transportation (see Exhibit
10.8b). The plain square-on-point
marking is used for shipments sent by
surface transportation, and the squareon-point marking including the symbol
‘‘Y’’ superimposed in the center is used
for shipments sent by air transportation.
The following also applies:
1. Markings must be durable, legible
and readily visible.
2. The marking must be applied on at
least one side or one end of the outer
packaging. The border forming the
square-on-point must be at least 2 mm
(0.08 inch) in width and the minimum
dimension of each side must be 100 mm
(3.94 inches), unless the package size
requires a reduced size marking of no
less than 50 mm (1.97 inches) on each
side.
3. For surface transportation, the top
and bottom portions of the square-onpoint and the border forming the squareon-point must be black and the center
must be white or of a suitable
contrasting background. Surface
shipments containing qualifying ORM–
D materials and bearing the square-onpoint limited quantity marking are not
required to be marked with the shipping
name and identification number.
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4. For transportation by aircraft, the
top and bottom portions of the squareon-point and the border forming the
square-on-point must be black and the
center must be white or of a suitable
contrasting background. The symbol
‘‘Y’’ must be black and located in the
center of the square-on-point and be
clearly visible. Mailpieces intended for
transport by air must also be marked
with the proper shipping name,
identification number, and must also
display the appropriate DOT hazardous
material warning label (only when
required for the hazard class shipped) in
accordance with Publication 52.
b. The UN identification number is
not required on mailpieces containing
ORM–D materials and intended for
surface transportation. A mailable
ORM–D material must be marked on the
address side with ‘‘ORM–D’’ (or marked
under 10.8a) immediately following, or
below the proper shipping name. The
proper shipping name for a mailable
ORM–D material is ‘‘consumer
commodity.’’ The designation ‘‘ORM–
D’’ must be placed within a rectangle
that is approximately 6.3 mm (1⁄4 inch)
larger on each side than the applicable
designation. Mailpieces containing
ORM–D materials sent as Standard Mail,
Parcel Post, Parcel Select, or Package
Services must also be marked on the
address side as ‘‘Surface Only’’ or
‘‘Surface Mail Only.’’
*
*
*
*
*
erowe on DSK2VPTVN1PROD with
10.9 Shipping Papers for Hazardous
Materials
* * * Shipping papers are required as
follows:
*
*
*
*
*
[Revise 10.9a and 10.9b to update
product references as follows:]
a. Air transportation requirements.
Except for nonregulated materials sent
under 10.17.3 or 10.17.8 and diagnostic
specimens sent under 10.17.5,
mailpieces containing mailable
hazardous materials sent as Express
Mail, Priority Mail, First-Class Mail, or
First-Class Package Service, must
include a shipping paper.
b. Surface transportation
requirements. Except for nonregulated
materials sent under 10.17.3 or 10.17.8
and mailable ORM–D materials,
mailpieces containing mailable
hazardous materials sent as Standard
Mail, Parcel Post, Parcel Select, or
Package Services, must include a
shipping paper.
10.10 Air Transportation Prohibitions
for Hazardous Materials
[Revise the introductory paragraph of
10.10 to update product references as
follows:]
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Jkt 229001
All mailable hazardous materials sent
as Express Mail, Priority Mail, FirstClass Mail, or First-Class Package
Service, must meet the requirements for
air transportation. The following types
of hazardous materials are always
prohibited on air transportation
regardless of class of mail:
*
*
*
*
*
10.12
*
Gases (Hazard Class 2)
*
*
*
*
10.12.2 Mailability
[Revise the third and fourth sentences
of 10.12.2 as follows:]
* * * Flammable gases in Division
2.1 are prohibited in domestic mail via
air transportation but are permitted via
surface transportation if the material can
qualify as an ORM–D material (or after
January 1, 2015, a consumer commodity
material) and meet the standards in
10.12.3 and 10.12.4. Mailable
nonflammable gases in Division 2.2 are
generally permitted in the domestic
mail via air or surface transportation if
the material can qualify as an ORM–D
material when intended for surface
transportation, or as a consumer
commodity material when intended for
air transportation, and also meet the
standards in 10.12.3 and 10.12.4.
*
*
*
*
*
10.12.4 Marking
[Revise the second sentence and add
a new third sentence for 10.12.4 as
follows:]
* * * For air transportation, packages
must bear the DOT square-on-point
marking including the symbol ‘‘Y,’’ an
approved DOT Class 9 hazardous
material warning label, Identification
Number ‘‘ID8000,’’ and the proper
shipping name ‘‘Consumer
Commodity.’’ Mailpieces must also bear
a shipper’s declaration for dangerous
goods.
10.13 Flammable and Combustible
Liquids (Hazard Class 3)
*
*
*
*
*
10.13.2 Flammable Liquid Mailability
[Revise the third sentence of the
introductory paragraph of 10.13.2 as
follows:]
* * * Other flammable liquid is
prohibited in domestic mail via air
transportation but is permitted via
surface transportation if the material can
qualify as an ORM–D material (or after
January 1, 2015, a consumer commodity
material) and meet the following
conditions as applicable:
[Revise 10.13.2a and 2b as follows:]
a. The flashpoint is above 20 °F (¥7
°C) but no more than 73 °F (23 °C); the
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Frm 00016
Fmt 4700
Sfmt 4700
liquid is in a metal primary receptacle
not exceeding 1 quart, or in another type
of primary receptacle not exceeding 1
pint, per mailpiece; enough cushioning
surrounds the primary receptacle to
absorb all potential leakage; the
cushioning and primary receptacle are
packed within a securely sealed
secondary container that is placed
within a strong outer shipping
container; and each mailpiece is plainly
and durably marked on the address side
with ‘‘Surface Only’’ or ‘‘Surface Mail
Only’’ and ‘‘ORM–D’’ immediately
following or below the proper shipping
name (or with a DOT square-on-point
marking under 10.8b).
b. The flashpoint is above 73 °F (23
°C) but less than 100 °F (38 °C); the
liquid is in a metal primary receptacle
not exceeding 1 gallon, or in another
type of primary receptacle not
exceeding 1 quart, per mailpiece;
enough cushioning surrounds the
primary receptacle to absorb all
potential leakage; the cushioning and
primary receptacle are placed within a
securely sealed secondary container that
is placed within a strong outer shipping
container; and each mailpiece is plainly
and durably marked on the address side
with ‘‘Surface Only’’ or ‘‘Surface Mail
Only’’ and ‘‘ORM–D’’ immediately
following or below the proper shipping
name (or with a DOT square-on-point
marking under 10.8b).
10.13.3 Combustible Liquid
Mailability
[Revise the second sentence of the
introductory paragraph of 10.13.3 as
follows:]
* * * Combustible liquid is
permitted in domestic mail if the
material can qualify as an ORM–D
material, when intended for ground
transportation or a consumer
commodity material, when intended for
air transportation, and when the
following conditions are met as
applicable:
[Revise 10.13.3a as follows:]
a. For surface transportation, if the
flashpoint is 100 °F (38 °C) but no more
than 141 °F (60.5 °C); the liquid is in a
metal primary receptacle not exceeding
1 gallon, or in another type of primary
receptacle not exceeding 1 quart, per
mailpiece; enough cushioning
surrounds the primary receptacle to
absorb all potential leakage; the
cushioning and primary receptacle are
packed in a securely sealed secondary
container that is placed within a strong
outer shipping container; and each
mailpiece is plainly and durably marked
on the address side with ‘‘Surface Only’’
or ‘‘Surface Mail Only’’ and ‘‘ORM–D’’
immediately following or below the
E:\FR\FM\28NOR1.SGM
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Federal Register / Vol. 77, No. 229 / Wednesday, November 28, 2012 / Rules and Regulations
proper shipping name (or with a DOT
square-on-point marking under 10.8b).
[Revise 10.13.3b as follows:]
b. For surface or air transportation, if
the flashpoint is above 141 °F (60.5 °C)
but no more than 200 °F (93 °C); the
liquid is in a primary receptacle not
exceeding 1 gallon per mailpiece;
enough cushioning surrounds the
primary receptacle to absorb all
potential leakage; the cushioning and
primary receptacle are packed in a
securely sealed secondary container that
is placed within a strong outer shipping
container. For surface transportation,
each mailpiece must be plainly and
durably marked on the address side
with ‘‘ORM–D’’ immediately following
or below the proper shipping name; and
each piece must be marked on the
address side as ‘‘Surface Only’’ or
‘‘Surface Mail Only’’ (or with a DOT
square-on-point marking under 10.8b).
For air transportation, packages must
bear the DOT square-on-point marking
including the symbol ‘‘Y,’’ an approved
DOT Class 9 hazardous material
warning label, Identification Number
‘‘ID8000,’’ the proper shipping name
‘‘Consumer Commodity,’’ and a
shipper’s declaration for dangerous
goods.
*
*
*
*
*
10.14
4)
*
Flammable Solids (Hazard Class
*
*
*
*
10.14.2 Mailability
[Revise the last sentence of 10.14.2 as
follows:]
* * * A flammable solid that can
qualify as an ORM–D material (or after
January 1, 2015, a mailable limited
quantity material) is permitted in
domestic mail via surface transportation
if the material is contained in a secure
primary receptacle having a weight of 1
pound or less; the primary receptacle(s)
is packed in a strong outer shipping
container with a total weight of 25
pounds or less per mailpiece; and each
mailpiece is plainly and durably marked
on the address side with ‘‘Surface Only’’
or ‘‘Surface Mail Only’’ and ‘‘ORM–D’’
immediately following or below the
proper shipping name (or with a DOT
square-on-point marking under 10.8b).
*
*
*
*
*
10.15 Oxidizing Substances, Organic
Peroxides (Hazard Class 5)
erowe on DSK2VPTVN1PROD with
*
*
*
*
*
10.15.2 Mailability
[Revise 10.15.2 as follows:]
Oxidizing substances and organic
peroxides are prohibited in
international mail. Class 5 materials are
VerDate Mar<15>2010
11:33 Nov 27, 2012
Jkt 229001
permitted in domestic mail if the
material can qualify as an ORM–D
material (until January 1, 2015), when
intended for ground transportation; or
an air-eligible mailable limited quantity
material, when intended for air
transportation. Liquid materials must be
enclosed within a primary receptacle
having a capacity of 1 pint or less; the
primary receptacle(s) must be
surrounded by absorbent cushioning
material and held within a leak-resistant
secondary container that is packed
within a strong outer shipping
container. Solid materials must be
contained within a primary receptacle
having a weight capacity of 1 pound or
less; the primary receptacle(s) must be
surrounded with cushioning material
and packed within a strong outer
shipping container. Each mailpiece may
not exceed a total weight of 25 pounds.
For surface transportation, each
mailpiece must be plainly and durably
marked on the address side with
‘‘ORM–D’’ immediately following or
below the proper shipping name; and
each piece must be marked on the
address side as ‘‘Surface Only’’ or
‘‘Surface Mail Only’’ (or with a DOT
square-on-point marking under 10.8b).
For air transportation, packages must
bear the DOT square-on-point marking
including the symbol ‘‘Y,’’ the
appropriate approved DOT Class 5.1 or
5.2 hazardous material warning label,
the identification number, the proper
shipping name, and a shipper’s
declaration for dangerous goods.
10.16 Toxic Substances (Hazard Class
6, Division 6.1)
*
*
*
*
*
10.16.2 Mailability
[Revise the second sentence of 10.16.2
as follows:]
* * * For domestic mail, a Division
6.1 toxic substance or poison that can
qualify as an ORM–D material (until
January 1, 2015) when intended for
ground transportation, or a mailable aireligible consumer commodity material
when intended for air transportation, is
permitted when packaged under the
applicable requirements in 10.16.4.
* * *
*
*
*
*
*
10.16.4 Packaging and Marking
The following requirements must be
met, as applicable:
[Revise 16.4a as follows:]
a. A toxic substance that can qualify
as an ORM–D material (until January 1,
2015) when intended for ground
transportation, or a mailable air-eligible
consumer commodity material when
intended for air transportation, and does
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Fmt 4700
Sfmt 4700
70901
not exceed a total capacity of 8 ounces
per mailpiece is permitted if: The
material is held in a primary
receptacle(s); enough cushioning
material surrounds the primary
receptacle to absorb all potential
leakage; and the cushioning and
primary receptacle(s) are packed in
another securely sealed secondary
container that is placed within a strong
outer shipping container. For surface
transportation, each mailpiece must be
plainly and durably marked on the
address side with ‘‘ORM–D’’
immediately following or below the
proper shipping name; and each piece
must be marked on the address side as
‘‘Surface Only’’ or ‘‘Surface Mail Only’’
(or with a DOT square-on-point marking
under 10.8b). For air transportation,
packages must bear the DOT square-onpoint marking including the symbol
‘‘Y,’’ an approved DOT Class 9
hazardous material warning label,
Identification Number ‘‘ID8000,’’ the
proper shipping name ‘‘Consumer
Commodity,’’ and a shipper’s
declaration for dangerous goods.
*
*
*
*
*
10.19
*
Corrosives (Hazard Class 8)
*
10.19.2
*
*
*
Mailability
[Revise the second sentence of the
introductory paragraph of 10.19.2 as
follows:]
* * * A corrosive that can qualify as
an ORM–D material (until January 1,
2015), when intended for ground
transportation; or an air-eligible
mailable limited quantity material,
when intended for air transportation, is
permitted in domestic mail via air or
surface transportation subject to these
limitations:
*
*
*
*
*
10.19.3
Marking
[Revise 10.19.3 as follows:]
For surface transportation, each
mailpiece must be plainly and durably
marked on the address side with
‘‘ORM–D’’ immediately following or
below the proper shipping name; and
each piece must be marked on the
address side as ‘‘Surface Only’’ or
‘‘Surface Mail Only’’ (or with a DOT
square-on-point marking under 10.8b).
For air transportation, packages must
bear the DOT square-on-point marking
including the symbol ‘‘Y,’’ the
appropriate approved DOT Class 8
hazardous material warning label, the
identification number, the proper
shipping name, and a shipper’s
declaration for dangerous goods.
*
*
*
*
*
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Federal Register / Vol. 77, No. 229 / Wednesday, November 28, 2012 / Rules and Regulations
10.20 Miscellaneous Hazardous
Materials (Hazard Class 9)
*
*
*
*
*
10.20.2 Mailability
[Revise the second sentence of 10.20.2
as follows:]
* * * A miscellaneous hazardous
material that can qualify as an ORM–D
material (until January 1, 2015) when
intended for ground transportation, or a
mailable air-eligible consumer
commodity material when intended for
air transportation, is permitted for
domestic mail via air or surface
transportation, subject to the applicable
49 CFR requirements.
10.20.3 Marking
[Revise 10.20.3 as follows:]
For surface transportation, the
mailpiece must be plainly and durably
marked on the address side with
‘‘Surface Only’’ or ‘‘Surface Mail Only’’
and ‘‘ORM–D’’ immediately following
or below the proper shipping name (or
with a DOT square-on-point marking
under 10.8b). For air transportation,
packages must bear the DOT square-onpoint marking including the symbol
‘‘Y,’’ an approved DOT Class 9
hazardous material warning label,
Identification Number ‘‘ID8000,’’ the
proper shipping name ‘‘Consumer
Commodity,’’ and a shipper’s
declaration for dangerous goods.
*
*
*
*
*
We will publish an appropriate
amendment to 39 CFR part 111 to reflect
these changes.
Stanley F. Mires,
Attorney, Legal Policy and Legislative Advice.
[FR Doc. 2012–28673 Filed 11–27–12; 8:45 am]
BILLING CODE 7710–12–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 180
[EPA–HQ–OPP–2009–0644; FRL–9366–1]
Fenpropathrin; Pesticide Tolerances
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
This regulation establishes
tolerances for residues of fenpropathrin
in or on multiple commodities which
are identified and discussed later in this
document. Interregional Research
Project Number 4 (IR–4) requested these
tolerances under the Federal Food,
Drug, and Cosmetic Act (FFDCA).
DATES: This regulation is effective
November 28, 2012. Objections and
erowe on DSK2VPTVN1PROD with
SUMMARY:
VerDate Mar<15>2010
11:33 Nov 27, 2012
Jkt 229001
requests for hearings must be received
on or before January 28, 2013, and must
be filed in accordance with the
instructions provided in 40 CFR part
178 (see also Unit I.C. of the
SUPPLEMENTARY INFORMATION).
ADDRESSES: The docket for this action,
identified by docket identification (ID)
number EPA–HQ–OPP–2009–0644, is
available at https://www.regulations.gov
or at the Office of Pesticide Programs
Regulatory Public Docket (OPP Docket)
in the Environmental Protection Agency
Docket Center (EPA/DC), EPA West
Bldg., Rm. 3334, 1301 Constitution Ave.
NW., Washington, DC 20460–0001. The
Public Reading Room is open from 8:30
a.m. to 4:30 p.m., Monday through
Friday, excluding legal holidays. The
telephone number for the Public
Reading Room is (202) 566–1744, and
the telephone number for the OPP
Docket is (703) 305–5805. Please review
the visitor instructions and additional
information about the docket available
at https://www.epa.gov/dockets.
FOR FURTHER INFORMATION CONTACT:
Laura Nollen, Registration Division
(7505P), Office of Pesticide Programs,
Environmental Protection Agency, 1200
Pennsylvania Ave. NW., Washington,
DC 20460–0001; telephone number:
(703) 305–7390; email address:
nollen.laura@epa.gov.
SUPPLEMENTARY INFORMATION:
I. General Information
A. Does this action apply to me?
You may be potentially affected by
this action if you are an agricultural
producer, food manufacturer, or
pesticide manufacturer. The following
list of North American Industrial
Classification System (NAICS) codes is
not intended to be exhaustive, but rather
provides a guide to help readers
determine whether this document
applies to them. Potentially affected
entities may include:
• Crop production (NAICS code 111).
• Animal production (NAICS code
112).
• Food manufacturing (NAICS code
311).
• Pesticide manufacturing (NAICS
code 32532).
B. How can I get electronic access to
other related information?
You may access a frequently updated
electronic version of EPA’s tolerance
regulations at 40 CFR part 180 through
the Government Printing Office’s e-CFR
site at https://ecfr.gpoaccess.gov/cgi/t/
text/text-idx?&c=ecfr&tpl=/ecfrbrowse/
Title40/40tab_02.tpl.
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Fmt 4700
Sfmt 4700
C. How can I file an objection or hearing
request?
Under FFDCA section 408(g), 21
U.S.C. 346a, any person may file an
objection to any aspect of this regulation
and may also request a hearing on those
objections. You must file your objection
or request a hearing on this regulation
in accordance with the instructions
provided in 40 CFR part 178. To ensure
proper receipt by EPA, you must
identify docket ID number EPA–HQ–
OPP–2009–0644 in the subject line on
the first page of your submission. All
objections and requests for a hearing
must be in writing, and must be
received by the Hearing Clerk on or
before January 28, 2013. Addresses for
mail and hand delivery of objections
and hearing requests are provided in 40
CFR 178.25(b).
In addition to filing an objection or
hearing request with the Hearing Clerk
as described in 40 CFR part 178, please
submit a copy of the filing (excluding
any Confidential Business Information
(CBI) for inclusion in the public docket.
Information not marked confidential
pursuant to 40 CFR part 2 may be
disclosed publicly by EPA without prior
notice. Submit the non-CBI copy of your
objection or hearing request, identified
by docket ID number EPA–HQ–OPP–
2009–0644, by one of the following
methods:
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the online
instructions for submitting comments.
Do not submit electronically any
information you consider to be CBI or
other information whose disclosure is
restricted by statute.
• Mail: OPP Docket, Environmental
Protection Agency Docket Center (EPA/
DC), (28221T), 1200 Pennsylvania Ave.
NW., Washington, DC 20460–0001.
• Hand Delivery: To make special
arrangements for hand delivery or
delivery of boxed information, please
follow the instructions at https://
www.epa.gov/dockets/contacts.htm.
Additional instructions on commenting
or visiting the docket, along with more
information about dockets generally, is
available at
https://www.epa.gov/dockets.
II. Summary of Petitioned-for Tolerance
In the Federal Register of October 7,
2009 (74 FR 51597) (FRL–8792–7), EPA
issued a notice pursuant to FFDCA
section 408(d)(3), 21 U.S.C. 346a(d)(3),
announcing the filing of a pesticide
petition (PP 9E7594) by IR–4, 500
College Road East, Suite 201W,
Princeton, NJ 08540. The petition
requested that 40 CFR 180.466 be
amended by establishing tolerances for
E:\FR\FM\28NOR1.SGM
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]]>Agencies
[Federal Register Volume 77, Number 229 (Wednesday, November 28, 2012)]
[Rules and Regulations]
[Pages 70895-70902]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-28673]
=======================================================================
-----------------------------------------------------------------------
POSTAL SERVICE
39 CFR Part 111
New Marking Standards for Parcels Containing Hazardous Materials
AGENCY: Postal ServiceTM.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Postal Service is revising Mailing Standards of the United
States Postal Service, Domestic Mail Manual (DMM[supreg]) 601.10 to
adopt new mandatory marking standards for parcels containing mailable
hazardous material that will align with the revised requirements
provided by the Department of Transportation (DOT). This revision also
provides terminology and categorization changes needed to respond to
the pending elimination of the ``Other Regulated Material'' (ORM-D)
category and the partial elimination of the ``consumer commodity''
category by the DOT.
DATES: Effective January 1, 2013.
FOR FURTHER INFORMATION CONTACT: Kevin Gunther at 202-268-7208.
SUPPLEMENTARY INFORMATION: The Postal Service will revise DMM 601.10,
and
[[Page 70896]]
make corresponding revisions to Publication 52, Hazardous, Restricted,
and Perishable Mail, chapters 2, 3 and 7, and Appendices A and C, to
adopt new marking standards for parcels containing mailable hazardous
materials. In August 2012, these marking standards were added to the
DMM for optional-use by mailers and supplement the previously
authorized DMM marking standards for parcels containing mailable
hazardous materials.
With this revision, the Postal Service will require the use of
these markings on parcels intended for air and surface transportation.
However, the new markings standards will be deferred for parcels
intended for surface transportation to coincide with the delayed
implementation date for ground transportation provided by the DOT. The
new standards, including proposed implementation dates, are summarized
below.
Mailers should note that any other marking or documentation
requirements not specifically referenced in this final rule, including
the preparation of a properly completed shipper's declaration, will not
be modified or eliminated by any of the revisions described herein. It
should also be noted that the adoption of these new standards is not
intended to expand or limit the mailable materials or quantities
previously permitted under the ORM-D category.
Background
On January 19, 2011, the DOT's Pipeline and Hazardous Materials
Safety Administration (PHMSA) published final rule HM-215K (76 FR 3308-
3389), which harmonized the requirements of the U.S. Hazardous
Materials Regulations (HMR) with international transport requirements.
In its Federal Register final rule, PHMSA signaled its intent to, among
other things, eliminate the ``Other Regulated Material'' (ORM-D)
classification for all forms of transportation. This change will become
effective on January 1, 2013, for shipments intended for air
transportation and on January 1, 2015, for shipments intended for
surface transportation.
In addition to the elimination of the ORM-D category, PHMSA also
eliminates the ``consumer commodity'' category for products in hazard
Classes 4, 5, and 8, as well as a portion of hazard Class 9, for all
shipments intended for air transportation. This change will become
effective on January 1, 2013. After this date, the mailability of
materials previously falling within the ``consumer commodity'' category
must be evaluated based on its eligibility under the limited quantity
category in the HMR.
PHMSA expects that the alignment of the existing limited quantity
provisions in the HMR with international standards and regulations will
enhance safety by facilitating a single uniform system of transporting
limited quantity materials. Because of the inherent risk unique to air
transportation, PHMSA believes that full harmonization with the
International Civil Aviation Organization Technical Instructions (ICAO
TI) is necessary with regard to the materials authorized and the
guidelines for limited quantities (including consumer commodities)
intended for transport by air. The ICAO TI also include specific
provisions for air transport of dangerous goods in the mail, which are
much more restrictive than the general standards. No dangerous goods
are allowed in international mail, with the exception of certain
infectious substances, certain patient specimens and certain
radioactive materials as noted in section 135 of Mailing Standards of
the United States Postal Service, International Mail Manual
(IMM[supreg]); these materials may be sent only by authorized mailers
for authorized purposes.
On August 6, 2012, based on the regulations provided by PHMSA in
its January 19, 2011, Federal Register final rule, the Postal Service
revised the DMM to incorporate optional marking standards for parcels
containing mailable hazardous materials. These standards provided that
mailers could optionally use new marking standards consistent with the
new DOT marking requirements, or continue to use the previous
USPS[supreg] marking standards.
On October 3, 2012, the Postal Service published a proposed rule in
the Federal Register (77 FR 60334-60339) to announce its proposal for
new mailing standards to align with PHMSA regulations provided in the
January 19, 2011, notice. The Postal Service received comments in
response to this proposed rule, which are summarized later in this
notice.
Air Transport Standards for January 1, 2013
The Postal Service will align its hazardous materials mailing
requirements with those of PHMSA by requiring the marking standards
described in this final rule on all parcels intended for air
transportation. Effective January 1, 2013, the optional marking
standards for parcels containing mailable hazardous materials described
in the August 6, 2012, DMM revision will become mandatory for materials
intended for air transportation.
Effective January 1, 2013, the Postal Service will begin to
categorize hazardous materials meeting the current definition of a
mailable ORM-D material within hazard Classes 4, 5, or 8, and portions
of 9, using the description ``mailable limited quantity;'' and will
retain the description ``consumer commodity'' for all other mailable
hazard classes. The Postal Service will also revise the DMM to replace
the current ORM-D category for parcels containing materials intended
for air transportation with the applicable ``consumer commodity'' or
the new ``mailable limited quantity'' categories.
Mailpieces containing currently authorized air-eligible consumer
commodities (ORM-D-AIR) within DOT Class 2.2 (nonflammable, nontoxic
gasses), Class 3 (flammable and combustible liquids), Class 6.1 (toxic
substances), and Class 9 (miscellaneous) will be reclassified under
hazard Class 9 (miscellaneous) instead of their previous ``ORM-D-AIR''
classification. Mailpieces containing this material will also be
required to bear the proper shipping name ``Consumer Commodity,'' the
Identification Number ``ID8000,'' and both the DOT square-on-point
marking including the symbol ``Y'' and an approved DOT Class 9
hazardous material warning label. Mailpieces must also bear a shipper's
declaration for dangerous goods.
Mailpieces containing mailable air-authorized limited quantity
Class 9 materials within UN3077, UN3082, UN3334 and UN3335, will be
required to bear the proper shipping name ``Consumer Commodity,''
Identification Number ``ID8000,'' and both the DOT square-on-point
marking including the symbol ``Y'' and an approved DOT Class 9
hazardous material warning label. These are the only Class 9 materials
authorized by the DOT to be shipped under the limited quantity
classification by domestic air transportation.
Effective January 1, 2013, the Postal Service will also require the
use of other DOT hazardous warning labels on packages intended for air
transportation, which contain materials that meet the current
definition of a mailable ORM-D material in hazard Class 5.1 (oxidizing
substances), hazard Class 5.2 (organic peroxides) and hazard Class 8
(corrosives). The DOT will no longer define a consumer commodity
category for these particular hazard classes. Similarly, the DOT will
not define a consumer commodity in hazard Class 4 (flammable solids);
however this will not have an impact for USPS mailers
[[Page 70897]]
because the Postal Service does not currently permit hazard class 4
materials in its air transportation networks. These mailpieces will
also be required to bear the proper shipping name and Identification
Number, as identified in Publication 52 Appendix A, both DOT square-on-
point marking (including the symbol ``Y''), and the appropriate
approved DOT hazardous material warning label. Mailpieces must also
bear a shipper's declaration for dangerous goods.
Before January 1, 2015, mailable hazardous materials intended for
surface transportation will continue to be classified using the ORM-D
categorization. Until that time, mailers will have the option of
continuing to use the current ``ORM-D'' marking for materials intended
for ground transportation, or using the new DOT-authorized ``square-on-
point'' limited quantity marking on parcels containing mailable
hazardous materials.
Surface Transport Standards for January 1, 2015
The Postal Service plans to implement the final segment of its
alignment with PHMSA by eliminating the optional ORM-D markings and
categorization for hazardous materials intended for surface
transportation on January 1, 2015. The use of ORM-D markings will no
longer be permitted for use with any materials being tendered for
transport within USPS networks, either by surface or air. After this
date, all mailpieces containing hazardous materials will be required to
be marked using the appropriate DOT square-on-point marking.
With this revision, mailable limited quantity and mailable consumer
commodity materials, when tendered to the Postal Service, must bear an
approved DOT square-on-point marking. The use of additional DOT
hazardous material warning labels will not be required or permitted on
parcels intended for transportation in USPS ground networks.
Comments
The Postal Service received three comments in response to the
October 3, 2012, proposed rule, with some commenters addressing more
than a single issue. All commenters were generally in support of the
Postal Service's actions to align with DOT regulations in regards to
the mailing of hazardous materials. These comments are summarized as
follows:
Comment: One commenter questions why the Postal Service would agree
to adopt PHMSA regulations, provided in 49 Code of Federal Regulations
(CFR) into their mailing standards when the Postal Service claims to be
regulated by 39 CFR.
Response: Although Postal Service mailing standards are provided in
39 CFR, the Postal Service attempts to maintain consistency with 49 CFR
whenever possible. Generally, Postal Service mailing standards are more
restrictive than those provided in 49 CFR, and include many additional
limitations and prohibitions not applicable to commercial carriers. One
benefit of the Postal Service's alignment with PHMSA is that it will
provide for consistency in the marking requirements for hazardous
materials, whether transported through the Postal Service or a
commercial carrier. Another benefit to the alignment with PHMSA
regulations is the adoption of common categorization and terminology.
The Postal Service expects that the use of terminology common to both
the DOT and USPS will improve the processing and consistency of rulings
on the mailability of hazardous materials and will make these rulings
more consistent.
Comment: A commenter asks if the Postal Service intends to provide
appropriate labeling, marking, and packaging material.
Response: Although the Postal Service provides mailing supplies and
packaging for customer use with some postal products, it generally does
not provide supplies expressly for the purpose of mailing hazardous
materials. The Postal Service does not intend to modify its current
policy as a result of the changes described in this notice.
Comment: A commenter states that the DMM revisions provided by the
Postal Service in its October 3, 2012 proposed rule are inconsistent
with Publication 52, as it relates to the mailability of UN3175, solids
containing flammable liquids, materials. The commenter notes that
Publication 52 limits the mailing of these materials only to surface
transportation.
Response: The Postal Service agrees and has chosen not to provide
an option for air transportation of these materials. The Postal Service
has revised its proposed standards accordingly. Qualifying UN3175
materials may still be shipped via USPS surface transportation.
Comment: A commenter states that the mailing standards provided in
the October 3, 2012, proposed rule incorrectly imply that all hazardous
materials in hazard Classes 2.2, 3, 6.1, and 9 are eligible to be
reclassified under Class 9 and permitted to bear the ID8000
identification number, when being shipped through the Postal Service.
The commenter recommends revised language to clarify that this option
is applicable only to articles or substances that meet the definition
of a consumer commodity in hazard Class 2 (non-toxic aerosols only),
Class 3 (packing group II and III only), Division 6.1 (packing group
III only), or UN3077 and UN3082 materials that do not have subsidiary
risk and are authorized aboard passenger aircraft.
Response: It was not the intent of the Postal Service to either
limit or expand the group of hazardous materials presently mailable by
air transportation. The Postal Service believes that use of the
language recommended by the commenter would limit the mailability of
some materials currently accepted for air transportation. However, the
Postal Service agrees with the commenter that further clarification is
necessary to specify that only certain materials and quantities are
eligible for air transportation in USPS networks. Therefore, the Postal
Service will modify the October 3, 2012, proposed language to specify
that only mailable air-eligible consumer commodity materials can be
tendered to the Postal Service for air transportation.
Comment: A commenter expressed concern that the regulations
provided by PHMSA in its January 19, 2011, Federal Register final rule
relates a false impression that all hazard Class 3, 6.1 and 9
materials, including lithium batteries would be eligible to be
reclassified under hazard Class 9 and permitted to bear the ID8000
identification number.
Response: Without commenting on the objective of PHMSA relative to
the transport of lithium batteries, the Postal Service intends to
continue to provide standards unique to the mailing of lithium
batteries and solid carbon dioxide (dry ice) and will not provide an
option for mailers to classify or mark parcels containing lithium
batteries or dry ice as ID8000 materials.
Comment: A commenter states that the Postal Service's January 1,
2015, proposed implementation date for the surface transportation
portion of these standards is premature. This commenter states that the
HMR allows for materials to classified and marked as ORM-D for surface
transportation until December 31, 2013, and that PHMSA has only
proposed to extend the required date for these regulations until
January 1, 2015.
Response: This commenter is correct in that PHMSA has only proposed
to delay their implementation until January 1, 2015, however the Postal
Service expects the extension of their implementation date to be
adopted. The Postal Service views the timeline for implementation of
the standards
[[Page 70898]]
relating to surface transportation to be less critical than those for
air transportation and has proposed a January 1, 2015, implementation
date as the most likely to correspond with the actual PHMSA effective
date. However, the Postal Service expects to be able to implement its
standards relating to surface transportation either before or after
PHMSA's implementation date without significant issues.
Implementation
The applicable standards contained in this final rule are effective
on January 1, 2013, and will be incorporated into the DMM on January
27, 2013, corresponding with the previously scheduled price change
update.
The Postal Service adopts the following changes to Mailing
Standards of the United States Postal Service, Domestic Mail Manual
(DMM), which is incorporated by reference in the Code of Federal
Regulations. See 39 CFR part 111.1.
List of Subjects in 39 CFR Part 111
Administrative practice and procedure, Postal Service.
Accordingly, 39 CFR part 111 is amended as follows:
PART 111--[AMENDED]
0
1. The authority citation for 39 CFR part 111 continues to read as
follows:
Authority: 5 U.S.C. 552(a); 13 U.S.C. 301-307; 18 U.S.C. 1692-
1737; 39 U.S.C. 101, 401, 403, 404, 414, 416, 3001-3011, 3201-3219,
3403-3406, 3621, 3622, 3626, 3632, 3633, and 5001.
0
2. Revise the following sections of Mailing Standards of the United
States Postal Service, Domestic Mail Manual (DMM), as follows:
Mailing Standards of the United States Postal Service, Domestic Mail
Manual (DMM)
* * * * *
600 Basic Standards for All Mailing Services
601 Mailability
* * * * *
10.0 Hazardous Materials
10.1 Definitions
The following definitions apply:
* * * * *
[Revise 10.1c as follows:]
c. ORM-D (Other Regulated Material) material is a limited quantity
of a hazardous material that presents a limited hazard during
transportation due to its form, quantity, and packaging. Not all
hazardous materials permitted to be shipped as a limited quantity can
qualify as an ORM-D material. The ORM-D category is only applicable for
materials intended for ground transportation. Effective January 1,
2015, the ORM-D category will be eliminated for materials intended for
surface transportation. After this date, the mailability of materials
previously fitting the description of ORM-D must be evaluated based on
its eligibility under the applicable consumer commodity or mailable
limited quantity categories.
[Revise 10.1d, Consumer Commodity, by adding a new last sentence as
follows:]
d. * * * The consumer commodity category will not apply to
materials, intended for air transportation, in hazard classes 4, 5, and
8, and portions of hazard Class 9.
[Re-sequence the current 10.1e through 10.1i as the new 10.1f
through 10.1j, and add a new item 10.1e as follows:]
e. Mailable Limited Quantity is a hazardous material in hazard
Classes 4, 5, 8 or portions of 9 that presents a limited hazard during
transportation (specifically air transport), and is mailable in USPS
air networks under certain conditions and in limited quantities.
* * * * *
10.3 USPS Standards for Hazardous Material
[Revise 10.3 as follows:]
The USPS standards generally restrict the mailing of hazardous
materials to ORM-D (permitted for surface transportation only until
January 1, 2015), and consumer commodity or mailable limited quantity
materials that meet USPS quantity limitations and packaging
requirements. All exceptions are subject to the standards in 10.0.
Detailed information on the mailability of specific hazardous materials
is contained in Publication 52, Hazardous, Restricted, and Perishable
Mail.
* * * * *
10.4 Hazard Class
* * * * *
Exhibit 10.4 DOT Hazard Classes and Mailability Summary
----------------------------------------------------------------------------------------------------------------
Transportation method
------------------------------------------------------------------
Class Hazard class name and Domestic mail
division Domestic mail air surface International mail
transportation transportation
----------------------------------------------------------------------------------------------------------------
----------------------------------------------------------------------------------------------------------------
* * * * *
[Revise text for hazard Classes 2 and 3, under the ``Domestic Mail
Air Transportation'' column (only) as follows:]
----------------------------------------------------------------------------------------------------------------
----------------------------------------------------------------------------------------------------------------
2..................... Gases Division 2.1 and 2.3:
Division-- Prohibited.
2.1 Flammable Gases Division 2.2: Only
2.2 Nonflammable, mailable air-
Nontoxic Gases eligible Consumer
2.3 Toxic Gases Commodity materials
per 10.12.2.
3..................... Flammable and Flammable liquids:
Combustible Liquids Prohibited.
Combustibles: Only
mailable air-
eligible Consumer
Commodity materials
per 10.13.3.
----------------------------------------------------------------------------------------------------------------
[[Page 70899]]
* * * * *
[Revise text for hazard Classes 5 and 6, under the ``Domestic Mail
Air Transportation'' column (only) as follows:]
----------------------------------------------------------------------------------------------------------------
----------------------------------------------------------------------------------------------------------------
5..................... Oxidizing Substances, Only air-eligible
Organic Peroxides Mailable Limited
Division-- Quantity materials
5.1 Oxidizing per 10.15.2.
Substances
5.2 Organic Peroxides
6..................... Toxic Substances and Division 6.1: Only
Infectious mailable air-
Substances eligible Consumer
Division-- Commodity materials
6.1 Toxic Substances per 10.16.2.
6.2 Infectious Division 6.2: Only
Substances per 10.17.
----------------------------------------------------------------------------------------------------------------
* * * * *
[Revise text for hazard Class 8, under the ``Domestic Mail Air
Transportation'' column (only) as follows:]
----------------------------------------------------------------------------------------------------------------
----------------------------------------------------------------------------------------------------------------
8..................... Corrosives Only Mailable Limited
Quantity materials
per 10.19.2.
----------------------------------------------------------------------------------------------------------------
[Revise text for hazard Class 9, under the ``Hazard Class Name and
Division'' and ``Domestic Mail Air Transportation'' columns (only) as
follows:]
----------------------------------------------------------------------------------------------------------------
----------------------------------------------------------------------------------------------------------------
9..................... Miscellaneous Only mailable air-
Hazardous Materials eligible Consumer
ID8000 materials Commodity materials
UN3077, UN3082, per 10.20.
UN3334, or UN3335
materials
----------------------------------------------------------------------------------------------------------------
* * * * *
10.7 Warning Labels for Hazardous Materials
[Revise 10.7 as follows:]
With few exceptions as noted in these standards, most hazardous
materials acceptable for mailing fall within the current Other
Regulated Materials (ORM-D) regulations of 49 CFR 173.144 for materials
intended for surface transportation, and the consumer commodity or
mailable limited quantity categories for materials intended for air
transportation. Mailpieces containing mailable hazardous materials
intended for transportation by air are required to bear an approved DOT
square-on-point marking under 10.8b and may also be required to bear a
specific DOT hazardous material warning label (if required for the
hazard class shipped). Mailpieces containing mailable hazardous
materials must be marked as required in 10.8 and must bear DOT handling
labels (e.g., orientation arrows, magnetized materials) when
applicable. Effective January 1, 2015, the ORM-D category will be
eliminated for materials intended for surface transportation, and
mailpieces containing hazardous materials intended for surface
transportation will be required to be marked using the appropriate DOT
square-on-point marking. Also after this date, the mailability of
materials previously fitting the description of ORM-D must be evaluated
based on its eligibility under the applicable consumer commodity or
mailable limited quantity categories.
10.8 Package Markings for Hazardous Materials
[Revise 10.8 as follows:]
Unless otherwise noted, each mailpiece containing a mailable
hazardous material must be plainly and durably marked on the address
side with the required shipping name and UN identification number.
Mailpieces containing mailable air-eligible hazardous materials
intended for air transportation must bear a DOT limited quantity
square-on-point marking under 8b. Mailpieces containing mailable
hazardous materials intended for surface transportation may be entered
and marked under the ORM-D category before January 1, 2015. After this
date, all parcels containing mailable hazardous materials must bear the
appropriate DOT square-on-point marking and other associated markings
when required. The following also applies:
a. The use of DOT limited quantity square-on-point markings are
required for mailpieces intended for air transportation and optional
(until January 1, 2015) for mailpieces intended for surface
transportation (see Exhibit 10.8b). The plain square-on-point marking
is used for shipments sent by surface transportation, and the square-
on-point marking including the symbol ``Y'' superimposed in the center
is used for shipments sent by air transportation. The following also
applies:
1. Markings must be durable, legible and readily visible.
2. The marking must be applied on at least one side or one end of
the outer packaging. The border forming the square-on-point must be at
least 2 mm (0.08 inch) in width and the minimum dimension of each side
must be 100 mm (3.94 inches), unless the package size requires a
reduced size marking of no less than 50 mm (1.97 inches) on each side.
3. For surface transportation, the top and bottom portions of the
square-on-point and the border forming the square-on-point must be
black and the center must be white or of a suitable contrasting
background. Surface shipments containing qualifying ORM-D materials and
bearing the square-on-point limited quantity marking are not required
to be marked with the shipping name and identification number.
[[Page 70900]]
4. For transportation by aircraft, the top and bottom portions of
the square-on-point and the border forming the square-on-point must be
black and the center must be white or of a suitable contrasting
background. The symbol ``Y'' must be black and located in the center of
the square-on-point and be clearly visible. Mailpieces intended for
transport by air must also be marked with the proper shipping name,
identification number, and must also display the appropriate DOT
hazardous material warning label (only when required for the hazard
class shipped) in accordance with Publication 52.
b. The UN identification number is not required on mailpieces
containing ORM-D materials and intended for surface transportation. A
mailable ORM-D material must be marked on the address side with ``ORM-
D'' (or marked under 10.8a) immediately following, or below the proper
shipping name. The proper shipping name for a mailable ORM-D material
is ``consumer commodity.'' The designation ``ORM-D'' must be placed
within a rectangle that is approximately 6.3 mm (\1/4\ inch) larger on
each side than the applicable designation. Mailpieces containing ORM-D
materials sent as Standard Mail, Parcel Post, Parcel Select, or Package
Services must also be marked on the address side as ``Surface Only'' or
``Surface Mail Only.''
* * * * *
10.9 Shipping Papers for Hazardous Materials
* * * Shipping papers are required as follows:
* * * * *
[Revise 10.9a and 10.9b to update product references as follows:]
a. Air transportation requirements. Except for nonregulated
materials sent under 10.17.3 or 10.17.8 and diagnostic specimens sent
under 10.17.5, mailpieces containing mailable hazardous materials sent
as Express Mail, Priority Mail, First-Class Mail, or First-Class
Package Service, must include a shipping paper.
b. Surface transportation requirements. Except for nonregulated
materials sent under 10.17.3 or 10.17.8 and mailable ORM-D materials,
mailpieces containing mailable hazardous materials sent as Standard
Mail, Parcel Post, Parcel Select, or Package Services, must include a
shipping paper.
10.10 Air Transportation Prohibitions for Hazardous Materials
[Revise the introductory paragraph of 10.10 to update product
references as follows:]
All mailable hazardous materials sent as Express Mail, Priority
Mail, First-Class Mail, or First-Class Package Service, must meet the
requirements for air transportation. The following types of hazardous
materials are always prohibited on air transportation regardless of
class of mail:
* * * * *
10.12 Gases (Hazard Class 2)
* * * * *
10.12.2 Mailability
[Revise the third and fourth sentences of 10.12.2 as follows:]
* * * Flammable gases in Division 2.1 are prohibited in domestic
mail via air transportation but are permitted via surface
transportation if the material can qualify as an ORM-D material (or
after January 1, 2015, a consumer commodity material) and meet the
standards in 10.12.3 and 10.12.4. Mailable nonflammable gases in
Division 2.2 are generally permitted in the domestic mail via air or
surface transportation if the material can qualify as an ORM-D material
when intended for surface transportation, or as a consumer commodity
material when intended for air transportation, and also meet the
standards in 10.12.3 and 10.12.4.
* * * * *
10.12.4 Marking
[Revise the second sentence and add a new third sentence for
10.12.4 as follows:]
* * * For air transportation, packages must bear the DOT square-on-
point marking including the symbol ``Y,'' an approved DOT Class 9
hazardous material warning label, Identification Number ``ID8000,'' and
the proper shipping name ``Consumer Commodity.'' Mailpieces must also
bear a shipper's declaration for dangerous goods.
10.13 Flammable and Combustible Liquids (Hazard Class 3)
* * * * *
10.13.2 Flammable Liquid Mailability
[Revise the third sentence of the introductory paragraph of 10.13.2
as follows:]
* * * Other flammable liquid is prohibited in domestic mail via air
transportation but is permitted via surface transportation if the
material can qualify as an ORM-D material (or after January 1, 2015, a
consumer commodity material) and meet the following conditions as
applicable:
[Revise 10.13.2a and 2b as follows:]
a. The flashpoint is above 20 [deg]F (-7 [deg]C) but no more than
73 [deg]F (23 [deg]C); the liquid is in a metal primary receptacle not
exceeding 1 quart, or in another type of primary receptacle not
exceeding 1 pint, per mailpiece; enough cushioning surrounds the
primary receptacle to absorb all potential leakage; the cushioning and
primary receptacle are packed within a securely sealed secondary
container that is placed within a strong outer shipping container; and
each mailpiece is plainly and durably marked on the address side with
``Surface Only'' or ``Surface Mail Only'' and ``ORM-D'' immediately
following or below the proper shipping name (or with a DOT square-on-
point marking under 10.8b).
b. The flashpoint is above 73 [deg]F (23 [deg]C) but less than 100
[deg]F (38 [deg]C); the liquid is in a metal primary receptacle not
exceeding 1 gallon, or in another type of primary receptacle not
exceeding 1 quart, per mailpiece; enough cushioning surrounds the
primary receptacle to absorb all potential leakage; the cushioning and
primary receptacle are placed within a securely sealed secondary
container that is placed within a strong outer shipping container; and
each mailpiece is plainly and durably marked on the address side with
``Surface Only'' or ``Surface Mail Only'' and ``ORM-D'' immediately
following or below the proper shipping name (or with a DOT square-on-
point marking under 10.8b).
10.13.3 Combustible Liquid Mailability
[Revise the second sentence of the introductory paragraph of
10.13.3 as follows:]
* * * Combustible liquid is permitted in domestic mail if the
material can qualify as an ORM-D material, when intended for ground
transportation or a consumer commodity material, when intended for air
transportation, and when the following conditions are met as
applicable:
[Revise 10.13.3a as follows:]
a. For surface transportation, if the flashpoint is 100 [deg]F (38
[deg]C) but no more than 141 [deg]F (60.5 [deg]C); the liquid is in a
metal primary receptacle not exceeding 1 gallon, or in another type of
primary receptacle not exceeding 1 quart, per mailpiece; enough
cushioning surrounds the primary receptacle to absorb all potential
leakage; the cushioning and primary receptacle are packed in a securely
sealed secondary container that is placed within a strong outer
shipping container; and each mailpiece is plainly and durably marked on
the address side with ``Surface Only'' or ``Surface Mail Only'' and
``ORM-D'' immediately following or below the
[[Page 70901]]
proper shipping name (or with a DOT square-on-point marking under
10.8b).
[Revise 10.13.3b as follows:]
b. For surface or air transportation, if the flashpoint is above
141 [deg]F (60.5 [deg]C) but no more than 200 [deg]F (93 [deg]C); the
liquid is in a primary receptacle not exceeding 1 gallon per mailpiece;
enough cushioning surrounds the primary receptacle to absorb all
potential leakage; the cushioning and primary receptacle are packed in
a securely sealed secondary container that is placed within a strong
outer shipping container. For surface transportation, each mailpiece
must be plainly and durably marked on the address side with ``ORM-D''
immediately following or below the proper shipping name; and each piece
must be marked on the address side as ``Surface Only'' or ``Surface
Mail Only'' (or with a DOT square-on-point marking under 10.8b). For
air transportation, packages must bear the DOT square-on-point marking
including the symbol ``Y,'' an approved DOT Class 9 hazardous material
warning label, Identification Number ``ID8000,'' the proper shipping
name ``Consumer Commodity,'' and a shipper's declaration for dangerous
goods.
* * * * *
10.14 Flammable Solids (Hazard Class 4)
* * * * *
10.14.2 Mailability
[Revise the last sentence of 10.14.2 as follows:]
* * * A flammable solid that can qualify as an ORM-D material (or
after January 1, 2015, a mailable limited quantity material) is
permitted in domestic mail via surface transportation if the material
is contained in a secure primary receptacle having a weight of 1 pound
or less; the primary receptacle(s) is packed in a strong outer shipping
container with a total weight of 25 pounds or less per mailpiece; and
each mailpiece is plainly and durably marked on the address side with
``Surface Only'' or ``Surface Mail Only'' and ``ORM-D'' immediately
following or below the proper shipping name (or with a DOT square-on-
point marking under 10.8b).
* * * * *
10.15 Oxidizing Substances, Organic Peroxides (Hazard Class 5)
* * * * *
10.15.2 Mailability
[Revise 10.15.2 as follows:]
Oxidizing substances and organic peroxides are prohibited in
international mail. Class 5 materials are permitted in domestic mail if
the material can qualify as an ORM-D material (until January 1, 2015),
when intended for ground transportation; or an air-eligible mailable
limited quantity material, when intended for air transportation. Liquid
materials must be enclosed within a primary receptacle having a
capacity of 1 pint or less; the primary receptacle(s) must be
surrounded by absorbent cushioning material and held within a leak-
resistant secondary container that is packed within a strong outer
shipping container. Solid materials must be contained within a primary
receptacle having a weight capacity of 1 pound or less; the primary
receptacle(s) must be surrounded with cushioning material and packed
within a strong outer shipping container. Each mailpiece may not exceed
a total weight of 25 pounds. For surface transportation, each mailpiece
must be plainly and durably marked on the address side with ``ORM-D''
immediately following or below the proper shipping name; and each piece
must be marked on the address side as ``Surface Only'' or ``Surface
Mail Only'' (or with a DOT square-on-point marking under 10.8b). For
air transportation, packages must bear the DOT square-on-point marking
including the symbol ``Y,'' the appropriate approved DOT Class 5.1 or
5.2 hazardous material warning label, the identification number, the
proper shipping name, and a shipper's declaration for dangerous goods.
10.16 Toxic Substances (Hazard Class 6, Division 6.1)
* * * * *
10.16.2 Mailability
[Revise the second sentence of 10.16.2 as follows:]
* * * For domestic mail, a Division 6.1 toxic substance or poison
that can qualify as an ORM-D material (until January 1, 2015) when
intended for ground transportation, or a mailable air-eligible consumer
commodity material when intended for air transportation, is permitted
when packaged under the applicable requirements in 10.16.4. * * *
* * * * *
10.16.4 Packaging and Marking
The following requirements must be met, as applicable:
[Revise 16.4a as follows:]
a. A toxic substance that can qualify as an ORM-D material (until
January 1, 2015) when intended for ground transportation, or a mailable
air-eligible consumer commodity material when intended for air
transportation, and does not exceed a total capacity of 8 ounces per
mailpiece is permitted if: The material is held in a primary
receptacle(s); enough cushioning material surrounds the primary
receptacle to absorb all potential leakage; and the cushioning and
primary receptacle(s) are packed in another securely sealed secondary
container that is placed within a strong outer shipping container. For
surface transportation, each mailpiece must be plainly and durably
marked on the address side with ``ORM-D'' immediately following or
below the proper shipping name; and each piece must be marked on the
address side as ``Surface Only'' or ``Surface Mail Only'' (or with a
DOT square-on-point marking under 10.8b). For air transportation,
packages must bear the DOT square-on-point marking including the symbol
``Y,'' an approved DOT Class 9 hazardous material warning label,
Identification Number ``ID8000,'' the proper shipping name ``Consumer
Commodity,'' and a shipper's declaration for dangerous goods.
* * * * *
10.19 Corrosives (Hazard Class 8)
* * * * *
10.19.2 Mailability
[Revise the second sentence of the introductory paragraph of
10.19.2 as follows:]
* * * A corrosive that can qualify as an ORM-D material (until
January 1, 2015), when intended for ground transportation; or an air-
eligible mailable limited quantity material, when intended for air
transportation, is permitted in domestic mail via air or surface
transportation subject to these limitations:
* * * * *
10.19.3 Marking
[Revise 10.19.3 as follows:]
For surface transportation, each mailpiece must be plainly and
durably marked on the address side with ``ORM-D'' immediately following
or below the proper shipping name; and each piece must be marked on the
address side as ``Surface Only'' or ``Surface Mail Only'' (or with a
DOT square-on-point marking under 10.8b). For air transportation,
packages must bear the DOT square-on-point marking including the symbol
``Y,'' the appropriate approved DOT Class 8 hazardous material warning
label, the identification number, the proper shipping name, and a
shipper's declaration for dangerous goods.
* * * * *
[[Page 70902]]
10.20 Miscellaneous Hazardous Materials (Hazard Class 9)
* * * * *
10.20.2 Mailability
[Revise the second sentence of 10.20.2 as follows:]
* * * A miscellaneous hazardous material that can qualify as an
ORM-D material (until January 1, 2015) when intended for ground
transportation, or a mailable air-eligible consumer commodity material
when intended for air transportation, is permitted for domestic mail
via air or surface transportation, subject to the applicable 49 CFR
requirements.
10.20.3 Marking
[Revise 10.20.3 as follows:]
For surface transportation, the mailpiece must be plainly and
durably marked on the address side with ``Surface Only'' or ``Surface
Mail Only'' and ``ORM-D'' immediately following or below the proper
shipping name (or with a DOT square-on-point marking under 10.8b). For
air transportation, packages must bear the DOT square-on-point marking
including the symbol ``Y,'' an approved DOT Class 9 hazardous material
warning label, Identification Number ``ID8000,'' the proper shipping
name ``Consumer Commodity,'' and a shipper's declaration for dangerous
goods.
* * * * *
We will publish an appropriate amendment to 39 CFR part 111 to
reflect these changes.
Stanley F. Mires,
Attorney, Legal Policy and Legislative Advice.
[FR Doc. 2012-28673 Filed 11-27-12; 8:45 am]
BILLING CODE 7710-12-P
