Revision to Mailing Standards for Lithium Batteries, 34712-34715 [2017-15624]
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34712
Federal Register / Vol. 82, No. 142 / Wednesday, July 26, 2017 / Notices
This notice will be published in the
Federal Register.
Stacy L. Ruble,
Secretary.
FOR FURTHER INFORMATION CONTACT:
Michelle Lassiter 202–268–2914, or
Kevin Gunther (202) 268–7208.
SUPPLEMENTARY INFORMATION:
[FR Doc. 2017–15725 Filed 7–25–17; 8:45 am]
Overview
BILLING CODE 7710–FW–P
Pursuant to the Mailing Standards of
the United States Postal Service,
Domestic Mail Manual (DMM®) 601.8.2,
Publication 52 provides mailing
standards specific to hazardous,
restricted and perishable items and
materials, including lithium batteries.
Publication 52 is provided in its entirety
on the Postal Explorer® Web site at
https://pe.usps.com/text/pub52/
welcome.htm.
POSTAL SERVICE
Product Change—Priority Mail
Express, Priority Mail, & First-Class
Package Service Negotiated Service
Agreement
Postal ServiceTM.
ACTION: Notice.
AGENCY:
Background
The Postal Service gives
notice of filing a request with the Postal
Regulatory Commission to add a
domestic shipping services contract to
the list of Negotiated Service
Agreements in the Mail Classification
Schedule’s Competitive Products List.
DATES: Date of notice required under 39
U.S.C. 3642(d)(1): July 26, 2017.
FOR FURTHER INFORMATION CONTACT:
Elizabeth A. Reed, 202–268–3179.
SUPPLEMENTARY INFORMATION: The
United States Postal Service® hereby
gives notice that, pursuant to 39 U.S.C.
3642 and 3632(b)(3), on July 20, 2017,
it filed with the Postal Regulatory
Commission a Request of the United
States Postal Service to Add Priority
Mail Express, Priority Mail, & First-Class
Package Service Contract 20 to
Competitive Product List. Documents
are available at www.prc.gov, Docket
Nos. MC2017–159, CP2017–223.
SUMMARY:
Stanley F. Mires,
Attorney, Federal Compliance.
[FR Doc. 2017–15620 Filed 7–25–17; 8:45 am]
BILLING CODE 7710–12–P
POSTAL SERVICE
Revision to Mailing Standards for
Lithium Batteries
Postal ServiceTM.
ACTION: Notice.
AGENCY:
The Postal Service is revising
Publication 52, Hazardous, Restricted,
and Perishable Mail, in various sections
to provide new mailing standards for
lithium batteries. Publication 52 was
developed to provide expanded
requirements for the mailing of
hazardous, restricted, and perishable
materials.
mstockstill on DSK30JT082PROD with NOTICES
SUMMARY:
Anticipated date of publication
in the Postal Bulletin: August 17, 2017.
DATES:
VerDate Sep<11>2014
17:49 Jul 25, 2017
Jkt 241001
The International Civil Aviation
Organization (ICAO) published
Addendum No. 3 to its Technical
Instructions (TI) on January 15, 2016,
and Addendum No. 4 on February 23,
2016 (https://www.icao.int/safety/
DangerousGoods/Pages/default.aspx).
In these addenda, ICAO announced new
regulations for lithium batteries in
international air transportation. The
ICAO revisions, with an effective date of
April 1, 2016, detailed a number of new
provisions including:
• The prohibition of lithium-ion (and
lithium-ion polymer) batteries, shipped
separately from the equipment they are
intended to operate (categorized as
identification number UN3480), on
passenger aircraft.
• The restriction of UN3480 batteries
and cells shipped via cargo aircraft to a
maximum state of charge (SOC) of no
more than 30 percent.
• The limitation of section II, UN3480
batteries and cells to a single package,
when sent as a part of a consignment or
overpack via cargo aircraft.
• The required use of an approved
Cargo Aircraft Only (CAO) label on all
packages of UN3480 batteries and cells
transported via cargo aircraft.
On September 7, 2016 (81 FR 61742),
the Department of Transportation
(DOT), Pipeline and Hazardous
Materials Safety Administration
(PHMSA) issued a notice of proposed
rulemaking [Docket Number 2015–0273
(HM–215N)] titled Hazardous Materials:
Harmonization with International
Standards (RRR) with the intention to
maintain consistency with international
regulations and standards by
incorporating various amendments,
including changes to proper shipping
names, hazard classes, packing groups,
special provisions, packaging
authorizations, air transport quantity
limitations, and vessel stowage
requirements.
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Sfmt 4703
On February 22, 2017 (82 FR 11372),
the Postal Service published a Federal
Register notice, including invitation to
comment, titled Revision to Mailing
Standards for the Transport of Lithium
Batteries. In this notice, the Postal
Service announced its intent to revise
Publication 52 to align with the ICAO
Technical Instructions for the Safe
Transport of Dangerous Goods by Air
(ICAO TI) with regard to the
transportation of lithium batteries by
air. Specifically, the Postal Service
conveyed its intent to:
• Prohibit UN3480 lithium-ion and
lithium polymer batteries in Postal
Service air-eligible products.
• Revise its quantity limitations for
UN3480 lithium-ion and lithium
polymer batteries in surface
transportation to align with those for
lithium metal batteries, changing from
the previous 8 cells or 2 batteries to an
aggregate mailpiece limit of 5 pounds
(while retaining its previous battery
capacity limitations of 20 Wh/cell and
100 Wh/battery).
The Postal Service also expresses its
intent to revise Publication 52 to align
with lithium battery regulations
described in PHMSA’s proposed rule of
September 7, 2016. At that time, the
Postal Service proceeded with its
Federal Register notice, expecting the
publication of PHMSA’s final rule to
occur shortly thereafter with few
significant changes to its proposed
regulations for lithium batteries. With
respect to PHMSA’s expected revisions
to its lithium battery regulations, the
Postal Service announced its intent to
make the following changes to its
mailing standards:
• Eliminate the current text marking
option for mailpieces required to bear,
or optionally permitted to bear, lithium
battery markings, and to limit markings
to DOT-approved lithium battery
handling labels only. Mailpieces
restricted to surface transportation only,
including those containing UN3090,
lithium metal batteries shipped
separately, will continue to be required
to bear the current text marking in
addition to a DOT-approved lithium
battery handling label.
• Eliminate the requirement for
accompanying documentation with
mailings of lithium batteries.
• Add the new DOT class 9 hazard
warning label for lithium batteries to
Publication 52, Exhibit 325.1, DOT
Hazardous Materials Warning Labels:
PROHIBITED IN THE MAIL. Packages
containing lithium batteries that are
required to bear this label are prohibited
in Postal Service networks.
• Align with PHMSA regarding the
requirement for outer packaging used to
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Federal Register / Vol. 82, No. 142 / Wednesday, July 26, 2017 / Notices
contain small lithium batteries to be
rigid and of adequate size so the
handling mark can be affixed on one
side without the mark being folded.
• Provide a limited exception to
permit the use of padded or poly bags
when cells or batteries are afforded
equivalent protection by the equipment
in which they are contained, but to limit
this exception only to batteries meeting
the Postal Service definition of a button
cell battery in section 349.11d of
Publication 52.
• Take no action with regard to the
requirement for lithium battery
markings to appear on packages
containing lithium cells or batteries, or
lithium cells or batteries packed with, or
contained in, equipment when there are
more than two packages in the
consignment, and continue to define a
consignment in postal terms as a single
parcel.
On March 30, 2017 (82 FR 15796),
PHMSA published a final rule titled
Hazardous Materials: Harmonization
with International Standards (RRR),
following on its proposed rule of
September 7, 2016. It was noted that few
significant changes were made to the
proposals relating to lithium batteries,
from those published on September 7,
2016.
mstockstill on DSK30JT082PROD with NOTICES
Comments and Postal Service
Responses
The Postal Service received four
responses to its notice of February 22,
2017, with all commenters addressing
multiple issues. Commenters included
two pilot associations, one hazardous
materials transportation trade
association, and the Congressional
Delegation from the state of Alaska.
The pilot associations generally
supported the Postal Service-proposed
restrictions, and requested the Postal
Service to implement additional
controls on lithium batteries not
contemplated in its proposed
rulemaking. The trade association
voiced concern with the Postal Service’s
intent to take no action towards
alignment with PHMSA’s revised
definition and restrictions relating to
consignments of more than a single
package containing lithium batteries,
and with the Postal Service-proposed
implementation date. The Alaska
Congressional Delegation expressed
concern with regard to the impact of the
proposed restrictions on those living in
remote areas not serviced by cargo
aircraft or ground transportation. The
specific comments and Postal Service
responses are as follows:
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17:49 Jul 25, 2017
Jkt 241001
Commenter 1
One pilot association related its
support for the proposed revisions as
written and suggests the following
additional steps be taken by the Postal
Service:
• The Postal Service should require
compliance and harmonization with
ICAO TI with regard to ‘‘postal pouches
and containers’’ being required to bear
markings and be accompanied by
written notification—consistent with
ICAO overpack requirements.
• The Postal Service should require
compliance and harmonization with
Universal Postal Union (UPU) Technical
Standards for both international and
domestic transportation.
• The Postal Service should require
all lithium batteries to be shipped in
non-flammable packaging.
• The Postal Service should permit
airlines and other freight handlers to
inspect postal packages to ensure the
package can be safely shipped.
• This commenter states that when a
carrier is concerned with risk
mitigation, the Postal Service should not
be exempt from regulations applying to
commercial carriers. The commenter
states that lithium battery shipments
from USPS might be presented
(grouped) in opaque containers that the
carrier is prevented from opening. The
commenter opines that such a limitation
results in the carrier not being able to
determine which shipments contain
lithium batteries, limiting the carrier’s
ability to mitigate that risk. The
commenter also notes that this
limitation prevents the carrier from
inspecting packages for potential
damage to the package contents,
possibly enhancing the carrier’s risk.
Postal Service Response to
Commenter 1
The Postal Service is currently
investigating options to require the
preparation of sacks in accordance with
the overpack requirements applicable to
commercial shippers; this study is
ongoing, however, and the Postal
Service defers action on this matter at
this time. The Postal Service intends to
investigate the feasibility of modifying
its operational processes to allow for the
alignment with DOT overpack marking
regulations, and to reexamine this issue
at a later date. The Postal Service
expects any such solution to include an
enhanced process for the identification
and segregation of mailpieces bearing
lithium battery marks in Postal Service
networks. As a result, the Postal Service
is including an additional requirement
for lithium battery handling marks to be
placed on the address side of any and
all mailpieces bearing these marks.
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34713
In response to the second suggestion
regarding harmonization with UPU
Technical Standards for both
international and domestic (air)
transportation, the Postal Service does
not believe that the implementation of
such restrictions would be a reasonable
action at this time. Were the Postal
Service to adopt UPU lithium battery
restrictions, this would result in the
elimination of all lithium batteries
packaged ‘‘with equipment’’ in domestic
air transportation, and would reduce the
number of cells installed in equipment,
from the current eight cells to the UPU
limitation of four cells. In addition, this
would eliminate the current exception
for very small batteries installed in or
packaged with equipment. The adoption
of these limitations would result in the
Postal Service being much more
restrictive than commercial
transportation providers and could
create an undue hardship on mailers
with few or no other options.
With regard to the suggested use of
nonflammable packaging for lithium
battery shipments, including a new
requirement of this nature would fall
outside the scope of this rulemaking.
The Postal Service, however, is open to
exploring the use of nonflammable
packaging for lithium batteries at a
future date. Factors to consider include
whether such packaging is effective,
affordable, and commercially available.
In response to the final two
suggestions regarding airlines and other
freight handlers inspecting postal
packages and risk mitigation when
postal packages are enclosed in sacks,
the Postal Service believes any such
measure is best addressed by its
suppliers in their relations with supply
management personnel. It must be kept
in mind, however, that most packages
are currently classified as sealed against
inspection, and as such, any effort to
conduct inspections of the contents of
packages sealed as such would need to
account for all applicable legal
limitations. Moreover, it should be
stressed that the Postal Service, unlike
most commercial carriers, limits lithium
batteries in its networks to only those
meeting the conditions of the exception
for smaller cells and batteries under 49
CFR 173.185(c).
Commenter 2
Another pilot association related its
support for the proposed prohibition of
UN3480 batteries in Postal Service air
transportation, stating that the Postal
Service’s proposed action is consistent
with international standards and
responsive to the expanding safety
hazards posed by lithium batteries. In
support of the prohibition, the
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Federal Register / Vol. 82, No. 142 / Wednesday, July 26, 2017 / Notices
commenter maintains that UN3480
batteries can still be shipped in cargo
aircraft through commercial carriers. In
addition, the commenter:
• Expresses its wish that the Postal
Service eventually implement packaging
standards capable of containing any
thermal event within the package itself,
and capable of protecting lithium
batteries from external fire threats.
• States that the shipment of lithiumion batteries in air transportation should
continue with specified additional
requirements to ensure their safe
carriage, including:
• Active fire detection and
suppression systems should be required
on all commercial aircraft carrying
lithium batteries.
• The elimination of packaging
materials, such as polypropylene, that
can fuel onboard fires. The Postal
Service currently uses polypropylene
mail totes (assumed to refer to flats and
letter trays), which should not be used
in air transportation.
• States that its concern with
polypropylene in commercial air
transportation is shared by the National
Transportation Safety Board (NTSB) and
the Federal Aviation Administration
(FAA); and
• States that all operators engaged in
the transport of lithium batteries should
be required to carry such batteries
within an aircraft compartment or
container with an active fire
suppression system capable of
mitigating the risk of a lithium battery
thermal event.
Postal Service Response to
mstockstill on DSK30JT082PROD with NOTICES
Commenter 2
The Postal Service appreciates the
commenter’s support for the prohibition
of UN3480 batteries in Postal Service air
networks. With regard to the other
issues raised by this commenter, some
fall outside the scope of this
rulemaking.
With regard to the first suggestion,
regarding the eventual implementation
of mailing standards requiring
packaging capable of containing a
thermal event within the package itself
or providing protection from external
fire, the Postal Service repeats that it is
open to exploring the use of
nonflammable packaging for lithium
batteries at a future date. Factors to
consider include whether such
packaging is effective, affordable, and
commercially available.
In reference to the suggestion
regarding fire detection and suppression
systems on aircraft carrying lithium
batteries, this comment is outside the
scope of this rulemaking. The Postal
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17:49 Jul 25, 2017
Jkt 241001
Service has no immediate plans to
require its contracted air carriers to use
these systems as a condition for carrying
mail. Of course, all carriers have the
option to install these systems on their
own at any time.
With regard to the remaining
suggestions concerning the use of
polypropylene mail handling units in
air transportation, the Postal Service
believes these recommendations to be
outside the scope of its rulemaking, but
will nonetheless weigh the merits of this
option separately.
Commenter 3
One commenter, a trade association,
expresses its gratitude to the Postal
Service for its continuing efforts to align
Publication 52 with the DOT’s
Hazardous Materials Regulations
(HMR). The commenter states that
significant differences between the HMR
and mailing standards create confusion
with shippers who use the services of
commercial transportation providers in
addition to the mail. The commenter
also states that alignment with the HMR
is especially critical in the current
environment where the Postal Service
may cover only the first or last mile and
a commercial carrier (regulated by the
HMR) completes the remaining
component of the transportation. In
addition, the commenter expresses
concern with the Postal Service
proposal to define a consignment as a
single package, noting that there may be
situations where multiple packages are
tendered to the Postal Service or one of
its commercial carriers, and requests
that the Postal Service consider
requiring the lithium battery mark in
these situations. The commenter advises
that some air carriers have implemented
prohibitions of lithium batteries
prepared under the exception for
smaller cells or batteries, and states that
without the requirement for the marking
of batteries included in a single
consignment, some package shippers
could utilize this exception to tender
large quantities of lithium batteries to
the Postal Service that could ultimately
be transported by commercial air
carriers. The commenter requests that
the Postal Service consider revising
Publication 52 to require a mailer
tendering two or more packages,
containing no more than two batteries or
four cells, to mark each of those
packages with a lithium battery
handling mark, or (until December 31,
2018) a lithium battery handling label.
The commenter further recommends
that the Postal Service adopt the same
2-year transitional period offered by the
HMR and the international entities with
regard to the use of lithium battery
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Fmt 4703
Sfmt 4703
marks. The commenter recommends
that the Postal Service permit use of the
new mark immediately, but allow for
use of existing marks and labels until
January 1, 2019.
Postal Service Response to
Commenter 3
With regard to defining and restricting
lithium battery consignments, the Postal
Service has reconsidered its earlier
proposal and has decided to add
language to Publication 52 to define a
lithium battery consignment within the
context of shipments transported
through the mail, and to add new
restrictions for packages prepared
within a single consignment. The details
of these new mailing standards will be
described later in this notice.
With regard to the transitional period
for the use of marks and labels, the
Postal Service intends to align its
transitional period with that permitted
in the HMR. As the Postal Service has
done in the past, it will add language to
Publication 52 that requires the use of
a DOT-approved lithium battery
handling mark. This will allow mailers
to use previously approved marks and
labels through the duration of the DOT
transition period. At present, the Postal
Service expects to allow mailers to
continue to use previously approved
lithium battery marks until December
31, 2018, the date announced by
PHMSA in its final rule of March 30,
2017.
Commenter 4
The Alaska Congressional Delegation
requests the Postal Service to include a
provision to authorize the continued
transport of lithium batteries needed to
support urgent patient needs on
passenger aircraft to remote locations
and ‘‘at a state of charge greater than
30%.’’ The Alaska Congressional
Delegation also requests that
consideration be given to the following
points:
• First, the Alaska Congressional
Delegation questions whether the Postal
Service has assessed the impact of the
proposed restriction of UN3480 batteries
on rural communities not regularly
serviced by cargo aircraft.
• Second, the Alaska Congressional
Delegation asks whether the Postal
Service will provide appropriate
provisions for the shipment of UN3480
batteries used to power medical devices,
as well as other lithium battery powered
equipment (emergency beacons,
generators and back-up power), to these
remote locations in the ‘‘interim final
rule’’ to avoid significant public health
and safety impacts.
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Federal Register / Vol. 82, No. 142 / Wednesday, July 26, 2017 / Notices
Postal Service Response to
Commenter 4
The Postal Service would be willing
to entertain requests for exceptions from
medical equipment suppliers specific to
the mailing of UN3480 batteries in
Postal Service products transported
through the air, when these batteries are
needed for the emergency support of
critical medical devices, fall within the
established capacity limits for lithiumion batteries in Postal Service networks,
and no other reasonable alternative
exists. In response to any such request,
supported by adequate justification, the
Postal Service would provide written
authorization to the medical equipment
supplier to mail UN3480 batteries via
USPS air-eligible products. To minimize
the risk of conflicting with DOT
provisions, the Postal Service plans to
consult with the DOT prior to the
approval of specific authorizations
relating to UN3480 batteries in USPS air
transportation.
With regard to other lithium batterypowered devices, such as emergency
beacons, the Postal Service will provide
an option for the mailing of UN3480 in
air transportation. This option will be
restricted to UN3480 batteries meeting
the current USPS capacity limitation of
20 Wh/cell and 100 Wh/battery, and the
current quantity limitations of eight
cells or two batteries. Batteries mailed
under this option must meet the
conditions described in 349.222 of
Publication 52, and 49 CFR 173.185(c),
and will be restricted to intra-Alaska
shipments (both mailed from, and
delivered in Alaska).
mstockstill on DSK30JT082PROD with NOTICES
Revisions to Publication 52
Within the next several weeks, the
Postal Service will revise Publication 52
to reflect the new mailing standards.
With regard to lithium batteries, the
Postal Service will:
• Generally prohibit UN3480 lithiumion and lithium polymer batteries in
USPS air-eligible products.
• Revise its quantity limitations for
UN3480 lithium-ion and lithium
polymer batteries in surface
transportation to align with those for
lithium metal batteries, changing from
the previous eight cells or two batteries
to an aggregate mailpiece limit of 5
pounds.
• Accept and evaluate requests for
exceptions to mail UN3480 batteries,
used to support critical medical devices,
via domestic air-eligible products. The
batteries must be within current Postal
Service capacity and quantity
limitations, needed for the emergency
support of critical medical devices, and
no other reasonable alternative exists to
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17:49 Jul 25, 2017
Jkt 241001
affect their delivery within an
acceptable time period. The Postal
Service expects to defer revision to
Publication 52 relating to these
authorizations until it has determined
the level of interest, and need for these
exceptions. Prior to granting any
authorizations, the Postal Service plans
to consult with PHMSA to assure
alignment with their approval processes
for commercial carriers. Interested
mailers may direct requests to the
Manager, Product Classification (see
Publication 52, section 214 for the
complete address).
• Provide that UN3480 batteries,
meeting the current Postal Service
capacity limitations and quantity
restrictions, may be mailed via aireligible products, provided these
mailings are both mailed and delivered
within the state of Alaska.
• Eliminate the current text marking
option for mailpieces required to bear,
or optionally permitted to bear, lithium
battery markings, and limit markings to
DOT-approved lithium battery handling
marks only.
• Require a separate text marking in
addition to a DOT-approved lithium
battery handling mark for mailpieces
containing UN3480 and UN3090
batteries, restricted to surface
transportation only.
• Permit the optional use of
previously authorized lithium battery
marks during PHMSA’s transitional
period for these marks.
• Eliminate the requirement for
accompanying documentation with
mailings of lithium batteries.
• Add the new DOT class 9 hazard
warning label for lithium batteries to
Publication 52, Exhibit 325.1, DOT
Hazardous Materials Warning Labels:
PROHIBITED IN THE MAIL.
• Require the outer packaging of
mailpieces containing small lithium
batteries to be rigid and of adequate size
so the handling mark can be affixed to
the address side without the mark being
folded.
• Require lithium battery handling
marks to be placed on the address side
of all mailpieces bearing these marks.
• Permit the use of padded and poly
bags as outer packaging for mailpieces
containing button cell batteries properly
installed in the equipment they are
intended to operate, provided the
batteries are afforded adequate
protection by the equipment and the
batteries meet the USPS definition of a
button cell battery in 349.11d of
Publication 52.
• Define a lithium battery
consignment as one or more mailpieces
containing lithium batteries, entered
into USPS networks by one mailer or
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Fmt 4703
Sfmt 4703
34715
mail service provider within a single
mailing or retail transaction, or included
in the same manifest or shipping
services file, and intended for delivery
to a single consignee at a single
destination address.
• Require DOT-approved lithium
battery markings on all mailpieces
containing lithium cells or batteries
contained in equipment when there are
more than two mailpieces in a single
consignment in domestic mail.
• Limit a single consignment to two
mailpieces containing lithium batteries
for international and APO/FPO/DPO
mail.
These revisions will be published in
the Postal Bulletin on August 17, 2017,
but the Postal Service will provide for
a transitional period until January 1,
2018. During the transitional period,
mailers are urged to comply with the
new mailing standards, but compliance
will not be mandatory until January 1,
2018. Mailers and other interested
parties can view details of these
revisions in edition 22471 of the Postal
Bulletin, to be published on August 17,
2017. The Postal Bulletin is available at
https://about.usps.com/postal-bulletin/
pb2017.htm.
The Postal Service will incorporate
these revisions into the next online
update of the Publication 52, which is
available via Postal Explorer® at https://
pe.usps.com.
Stanley F. Mires,
Attorney, Federal Compliance.
[FR Doc. 2017–15624 Filed 7–25–17; 8:45 am]
BILLING CODE 7710–12–P
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–81178; File No. SR–MRX–
2017–08]
Self-Regulatory Organizations; Nasdaq
MRX, LLC; Notice of Designation of a
Longer Period for Commission Action
on a Proposed Rule Change To Adopt
Rule 912
July 20, 2017.
On June 9, 2017, Nasdaq MRX, Inc.
(‘‘MRX’’ or the ‘‘Exchange’’) filed with
the Securities and Exchange
Commission (‘‘Commission’’), pursuant
to Section 19(b)(1) of the Securities
Exchange Act of 1934 (‘‘Act’’ or
‘‘Exchange Act’’) 1 and Rule 19b–4
thereunder,2 a proposed rule change to
adopt Rule 912 (Consolidated Audit
Trail—Fee Dispute Resolution). The
proposed rule change was published for
1 15
2 17
E:\FR\FM\26JYN1.SGM
U.S.C. 78s(b)(1).
CFR 240.19b–4.
26JYN1
Agencies
[Federal Register Volume 82, Number 142 (Wednesday, July 26, 2017)]
[Notices]
[Pages 34712-34715]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-15624]
-----------------------------------------------------------------------
POSTAL SERVICE
Revision to Mailing Standards for Lithium Batteries
AGENCY: Postal ServiceTM.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: The Postal Service is revising Publication 52, Hazardous,
Restricted, and Perishable Mail, in various sections to provide new
mailing standards for lithium batteries. Publication 52 was developed
to provide expanded requirements for the mailing of hazardous,
restricted, and perishable materials.
DATES: Anticipated date of publication in the Postal Bulletin: August
17, 2017.
FOR FURTHER INFORMATION CONTACT: Michelle Lassiter 202-268-2914, or
Kevin Gunther (202) 268-7208.
SUPPLEMENTARY INFORMATION:
Overview
Pursuant to the Mailing Standards of the United States Postal
Service, Domestic Mail Manual (DMM[supreg]) 601.8.2, Publication 52
provides mailing standards specific to hazardous, restricted and
perishable items and materials, including lithium batteries.
Publication 52 is provided in its entirety on the Postal
Explorer[supreg] Web site at https://pe.usps.com/text/pub52/welcome.htm.
Background
The International Civil Aviation Organization (ICAO) published
Addendum No. 3 to its Technical Instructions (TI) on January 15, 2016,
and Addendum No. 4 on February 23, 2016 (https://www.icao.int/safety/DangerousGoods/Pages/default.aspx). In these addenda, ICAO announced
new regulations for lithium batteries in international air
transportation. The ICAO revisions, with an effective date of April 1,
2016, detailed a number of new provisions including:
The prohibition of lithium-ion (and lithium-ion polymer)
batteries, shipped separately from the equipment they are intended to
operate (categorized as identification number UN3480), on passenger
aircraft.
The restriction of UN3480 batteries and cells shipped via
cargo aircraft to a maximum state of charge (SOC) of no more than 30
percent.
The limitation of section II, UN3480 batteries and cells
to a single package, when sent as a part of a consignment or overpack
via cargo aircraft.
The required use of an approved Cargo Aircraft Only (CAO)
label on all packages of UN3480 batteries and cells transported via
cargo aircraft.
On September 7, 2016 (81 FR 61742), the Department of
Transportation (DOT), Pipeline and Hazardous Materials Safety
Administration (PHMSA) issued a notice of proposed rulemaking [Docket
Number 2015-0273 (HM-215N)] titled Hazardous Materials: Harmonization
with International Standards (RRR) with the intention to maintain
consistency with international regulations and standards by
incorporating various amendments, including changes to proper shipping
names, hazard classes, packing groups, special provisions, packaging
authorizations, air transport quantity limitations, and vessel stowage
requirements.
On February 22, 2017 (82 FR 11372), the Postal Service published a
Federal Register notice, including invitation to comment, titled
Revision to Mailing Standards for the Transport of Lithium Batteries.
In this notice, the Postal Service announced its intent to revise
Publication 52 to align with the ICAO Technical Instructions for the
Safe Transport of Dangerous Goods by Air (ICAO TI) with regard to the
transportation of lithium batteries by air. Specifically, the Postal
Service conveyed its intent to:
Prohibit UN3480 lithium-ion and lithium polymer batteries
in Postal Service air-eligible products.
Revise its quantity limitations for UN3480 lithium-ion and
lithium polymer batteries in surface transportation to align with those
for lithium metal batteries, changing from the previous 8 cells or 2
batteries to an aggregate mailpiece limit of 5 pounds (while retaining
its previous battery capacity limitations of 20 Wh/cell and 100 Wh/
battery).
The Postal Service also expresses its intent to revise Publication
52 to align with lithium battery regulations described in PHMSA's
proposed rule of September 7, 2016. At that time, the Postal Service
proceeded with its Federal Register notice, expecting the publication
of PHMSA's final rule to occur shortly thereafter with few significant
changes to its proposed regulations for lithium batteries. With respect
to PHMSA's expected revisions to its lithium battery regulations, the
Postal Service announced its intent to make the following changes to
its mailing standards:
Eliminate the current text marking option for mailpieces
required to bear, or optionally permitted to bear, lithium battery
markings, and to limit markings to DOT-approved lithium battery
handling labels only. Mailpieces restricted to surface transportation
only, including those containing UN3090, lithium metal batteries
shipped separately, will continue to be required to bear the current
text marking in addition to a DOT-approved lithium battery handling
label.
Eliminate the requirement for accompanying documentation
with mailings of lithium batteries.
Add the new DOT class 9 hazard warning label for lithium
batteries to Publication 52, Exhibit 325.1, DOT Hazardous Materials
Warning Labels: PROHIBITED IN THE MAIL. Packages containing lithium
batteries that are required to bear this label are prohibited in Postal
Service networks.
Align with PHMSA regarding the requirement for outer
packaging used to
[[Page 34713]]
contain small lithium batteries to be rigid and of adequate size so the
handling mark can be affixed on one side without the mark being folded.
Provide a limited exception to permit the use of padded or
poly bags when cells or batteries are afforded equivalent protection by
the equipment in which they are contained, but to limit this exception
only to batteries meeting the Postal Service definition of a button
cell battery in section 349.11d of Publication 52.
Take no action with regard to the requirement for lithium
battery markings to appear on packages containing lithium cells or
batteries, or lithium cells or batteries packed with, or contained in,
equipment when there are more than two packages in the consignment, and
continue to define a consignment in postal terms as a single parcel.
On March 30, 2017 (82 FR 15796), PHMSA published a final rule
titled Hazardous Materials: Harmonization with International Standards
(RRR), following on its proposed rule of September 7, 2016. It was
noted that few significant changes were made to the proposals relating
to lithium batteries, from those published on September 7, 2016.
Comments and Postal Service Responses
The Postal Service received four responses to its notice of
February 22, 2017, with all commenters addressing multiple issues.
Commenters included two pilot associations, one hazardous materials
transportation trade association, and the Congressional Delegation from
the state of Alaska.
The pilot associations generally supported the Postal Service-
proposed restrictions, and requested the Postal Service to implement
additional controls on lithium batteries not contemplated in its
proposed rulemaking. The trade association voiced concern with the
Postal Service's intent to take no action towards alignment with
PHMSA's revised definition and restrictions relating to consignments of
more than a single package containing lithium batteries, and with the
Postal Service-proposed implementation date. The Alaska Congressional
Delegation expressed concern with regard to the impact of the proposed
restrictions on those living in remote areas not serviced by cargo
aircraft or ground transportation. The specific comments and Postal
Service responses are as follows:
Commenter 1
One pilot association related its support for the proposed
revisions as written and suggests the following additional steps be
taken by the Postal Service:
The Postal Service should require compliance and
harmonization with ICAO TI with regard to ``postal pouches and
containers'' being required to bear markings and be accompanied by
written notification--consistent with ICAO overpack requirements.
The Postal Service should require compliance and
harmonization with Universal Postal Union (UPU) Technical Standards for
both international and domestic transportation.
The Postal Service should require all lithium batteries to
be shipped in non-flammable packaging.
The Postal Service should permit airlines and other
freight handlers to inspect postal packages to ensure the package can
be safely shipped.
This commenter states that when a carrier is concerned
with risk mitigation, the Postal Service should not be exempt from
regulations applying to commercial carriers. The commenter states that
lithium battery shipments from USPS might be presented (grouped) in
opaque containers that the carrier is prevented from opening. The
commenter opines that such a limitation results in the carrier not
being able to determine which shipments contain lithium batteries,
limiting the carrier's ability to mitigate that risk. The commenter
also notes that this limitation prevents the carrier from inspecting
packages for potential damage to the package contents, possibly
enhancing the carrier's risk.
Postal Service Response to Commenter 1
The Postal Service is currently investigating options to require
the preparation of sacks in accordance with the overpack requirements
applicable to commercial shippers; this study is ongoing, however, and
the Postal Service defers action on this matter at this time. The
Postal Service intends to investigate the feasibility of modifying its
operational processes to allow for the alignment with DOT overpack
marking regulations, and to reexamine this issue at a later date. The
Postal Service expects any such solution to include an enhanced process
for the identification and segregation of mailpieces bearing lithium
battery marks in Postal Service networks. As a result, the Postal
Service is including an additional requirement for lithium battery
handling marks to be placed on the address side of any and all
mailpieces bearing these marks.
In response to the second suggestion regarding harmonization with
UPU Technical Standards for both international and domestic (air)
transportation, the Postal Service does not believe that the
implementation of such restrictions would be a reasonable action at
this time. Were the Postal Service to adopt UPU lithium battery
restrictions, this would result in the elimination of all lithium
batteries packaged ``with equipment'' in domestic air transportation,
and would reduce the number of cells installed in equipment, from the
current eight cells to the UPU limitation of four cells. In addition,
this would eliminate the current exception for very small batteries
installed in or packaged with equipment. The adoption of these
limitations would result in the Postal Service being much more
restrictive than commercial transportation providers and could create
an undue hardship on mailers with few or no other options.
With regard to the suggested use of nonflammable packaging for
lithium battery shipments, including a new requirement of this nature
would fall outside the scope of this rulemaking. The Postal Service,
however, is open to exploring the use of nonflammable packaging for
lithium batteries at a future date. Factors to consider include whether
such packaging is effective, affordable, and commercially available.
In response to the final two suggestions regarding airlines and
other freight handlers inspecting postal packages and risk mitigation
when postal packages are enclosed in sacks, the Postal Service believes
any such measure is best addressed by its suppliers in their relations
with supply management personnel. It must be kept in mind, however,
that most packages are currently classified as sealed against
inspection, and as such, any effort to conduct inspections of the
contents of packages sealed as such would need to account for all
applicable legal limitations. Moreover, it should be stressed that the
Postal Service, unlike most commercial carriers, limits lithium
batteries in its networks to only those meeting the conditions of the
exception for smaller cells and batteries under 49 CFR 173.185(c).
Commenter 2
Another pilot association related its support for the proposed
prohibition of UN3480 batteries in Postal Service air transportation,
stating that the Postal Service's proposed action is consistent with
international standards and responsive to the expanding safety hazards
posed by lithium batteries. In support of the prohibition, the
[[Page 34714]]
commenter maintains that UN3480 batteries can still be shipped in cargo
aircraft through commercial carriers. In addition, the commenter:
Expresses its wish that the Postal Service eventually
implement packaging standards capable of containing any thermal event
within the package itself, and capable of protecting lithium batteries
from external fire threats.
States that the shipment of lithium-ion batteries in air
transportation should continue with specified additional requirements
to ensure their safe carriage, including:
Active fire detection and suppression systems should be
required on all commercial aircraft carrying lithium batteries.
The elimination of packaging materials, such as
polypropylene, that can fuel onboard fires. The Postal Service
currently uses polypropylene mail totes (assumed to refer to flats and
letter trays), which should not be used in air transportation.
States that its concern with polypropylene in commercial
air transportation is shared by the National Transportation Safety
Board (NTSB) and the Federal Aviation Administration (FAA); and
States that all operators engaged in the transport of
lithium batteries should be required to carry such batteries within an
aircraft compartment or container with an active fire suppression
system capable of mitigating the risk of a lithium battery thermal
event.
Postal Service Response to
Commenter 2
The Postal Service appreciates the commenter's support for the
prohibition of UN3480 batteries in Postal Service air networks. With
regard to the other issues raised by this commenter, some fall outside
the scope of this rulemaking.
With regard to the first suggestion, regarding the eventual
implementation of mailing standards requiring packaging capable of
containing a thermal event within the package itself or providing
protection from external fire, the Postal Service repeats that it is
open to exploring the use of nonflammable packaging for lithium
batteries at a future date. Factors to consider include whether such
packaging is effective, affordable, and commercially available.
In reference to the suggestion regarding fire detection and
suppression systems on aircraft carrying lithium batteries, this
comment is outside the scope of this rulemaking. The Postal Service has
no immediate plans to require its contracted air carriers to use these
systems as a condition for carrying mail. Of course, all carriers have
the option to install these systems on their own at any time.
With regard to the remaining suggestions concerning the use of
polypropylene mail handling units in air transportation, the Postal
Service believes these recommendations to be outside the scope of its
rulemaking, but will nonetheless weigh the merits of this option
separately.
Commenter 3
One commenter, a trade association, expresses its gratitude to the
Postal Service for its continuing efforts to align Publication 52 with
the DOT's Hazardous Materials Regulations (HMR). The commenter states
that significant differences between the HMR and mailing standards
create confusion with shippers who use the services of commercial
transportation providers in addition to the mail. The commenter also
states that alignment with the HMR is especially critical in the
current environment where the Postal Service may cover only the first
or last mile and a commercial carrier (regulated by the HMR) completes
the remaining component of the transportation. In addition, the
commenter expresses concern with the Postal Service proposal to define
a consignment as a single package, noting that there may be situations
where multiple packages are tendered to the Postal Service or one of
its commercial carriers, and requests that the Postal Service consider
requiring the lithium battery mark in these situations. The commenter
advises that some air carriers have implemented prohibitions of lithium
batteries prepared under the exception for smaller cells or batteries,
and states that without the requirement for the marking of batteries
included in a single consignment, some package shippers could utilize
this exception to tender large quantities of lithium batteries to the
Postal Service that could ultimately be transported by commercial air
carriers. The commenter requests that the Postal Service consider
revising Publication 52 to require a mailer tendering two or more
packages, containing no more than two batteries or four cells, to mark
each of those packages with a lithium battery handling mark, or (until
December 31, 2018) a lithium battery handling label. The commenter
further recommends that the Postal Service adopt the same 2-year
transitional period offered by the HMR and the international entities
with regard to the use of lithium battery marks. The commenter
recommends that the Postal Service permit use of the new mark
immediately, but allow for use of existing marks and labels until
January 1, 2019.
Postal Service Response to
Commenter 3
With regard to defining and restricting lithium battery
consignments, the Postal Service has reconsidered its earlier proposal
and has decided to add language to Publication 52 to define a lithium
battery consignment within the context of shipments transported through
the mail, and to add new restrictions for packages prepared within a
single consignment. The details of these new mailing standards will be
described later in this notice.
With regard to the transitional period for the use of marks and
labels, the Postal Service intends to align its transitional period
with that permitted in the HMR. As the Postal Service has done in the
past, it will add language to Publication 52 that requires the use of a
DOT-approved lithium battery handling mark. This will allow mailers to
use previously approved marks and labels through the duration of the
DOT transition period. At present, the Postal Service expects to allow
mailers to continue to use previously approved lithium battery marks
until December 31, 2018, the date announced by PHMSA in its final rule
of March 30, 2017.
Commenter 4
The Alaska Congressional Delegation requests the Postal Service to
include a provision to authorize the continued transport of lithium
batteries needed to support urgent patient needs on passenger aircraft
to remote locations and ``at a state of charge greater than 30%.'' The
Alaska Congressional Delegation also requests that consideration be
given to the following points:
First, the Alaska Congressional Delegation questions
whether the Postal Service has assessed the impact of the proposed
restriction of UN3480 batteries on rural communities not regularly
serviced by cargo aircraft.
Second, the Alaska Congressional Delegation asks whether
the Postal Service will provide appropriate provisions for the shipment
of UN3480 batteries used to power medical devices, as well as other
lithium battery powered equipment (emergency beacons, generators and
back-up power), to these remote locations in the ``interim final rule''
to avoid significant public health and safety impacts.
[[Page 34715]]
Postal Service Response to Commenter 4
The Postal Service would be willing to entertain requests for
exceptions from medical equipment suppliers specific to the mailing of
UN3480 batteries in Postal Service products transported through the
air, when these batteries are needed for the emergency support of
critical medical devices, fall within the established capacity limits
for lithium-ion batteries in Postal Service networks, and no other
reasonable alternative exists. In response to any such request,
supported by adequate justification, the Postal Service would provide
written authorization to the medical equipment supplier to mail UN3480
batteries via USPS air-eligible products. To minimize the risk of
conflicting with DOT provisions, the Postal Service plans to consult
with the DOT prior to the approval of specific authorizations relating
to UN3480 batteries in USPS air transportation.
With regard to other lithium battery-powered devices, such as
emergency beacons, the Postal Service will provide an option for the
mailing of UN3480 in air transportation. This option will be restricted
to UN3480 batteries meeting the current USPS capacity limitation of 20
Wh/cell and 100 Wh/battery, and the current quantity limitations of
eight cells or two batteries. Batteries mailed under this option must
meet the conditions described in 349.222 of Publication 52, and 49 CFR
173.185(c), and will be restricted to intra-Alaska shipments (both
mailed from, and delivered in Alaska).
Revisions to Publication 52
Within the next several weeks, the Postal Service will revise
Publication 52 to reflect the new mailing standards. With regard to
lithium batteries, the Postal Service will:
Generally prohibit UN3480 lithium-ion and lithium polymer
batteries in USPS air-eligible products.
Revise its quantity limitations for UN3480 lithium-ion and
lithium polymer batteries in surface transportation to align with those
for lithium metal batteries, changing from the previous eight cells or
two batteries to an aggregate mailpiece limit of 5 pounds.
Accept and evaluate requests for exceptions to mail UN3480
batteries, used to support critical medical devices, via domestic air-
eligible products. The batteries must be within current Postal Service
capacity and quantity limitations, needed for the emergency support of
critical medical devices, and no other reasonable alternative exists to
affect their delivery within an acceptable time period. The Postal
Service expects to defer revision to Publication 52 relating to these
authorizations until it has determined the level of interest, and need
for these exceptions. Prior to granting any authorizations, the Postal
Service plans to consult with PHMSA to assure alignment with their
approval processes for commercial carriers. Interested mailers may
direct requests to the Manager, Product Classification (see Publication
52, section 214 for the complete address).
Provide that UN3480 batteries, meeting the current Postal
Service capacity limitations and quantity restrictions, may be mailed
via air-eligible products, provided these mailings are both mailed and
delivered within the state of Alaska.
Eliminate the current text marking option for mailpieces
required to bear, or optionally permitted to bear, lithium battery
markings, and limit markings to DOT-approved lithium battery handling
marks only.
Require a separate text marking in addition to a DOT-
approved lithium battery handling mark for mailpieces containing UN3480
and UN3090 batteries, restricted to surface transportation only.
Permit the optional use of previously authorized lithium
battery marks during PHMSA's transitional period for these marks.
Eliminate the requirement for accompanying documentation
with mailings of lithium batteries.
Add the new DOT class 9 hazard warning label for lithium
batteries to Publication 52, Exhibit 325.1, DOT Hazardous Materials
Warning Labels: PROHIBITED IN THE MAIL.
Require the outer packaging of mailpieces containing small
lithium batteries to be rigid and of adequate size so the handling mark
can be affixed to the address side without the mark being folded.
Require lithium battery handling marks to be placed on the
address side of all mailpieces bearing these marks.
Permit the use of padded and poly bags as outer packaging
for mailpieces containing button cell batteries properly installed in
the equipment they are intended to operate, provided the batteries are
afforded adequate protection by the equipment and the batteries meet
the USPS definition of a button cell battery in 349.11d of Publication
52.
Define a lithium battery consignment as one or more
mailpieces containing lithium batteries, entered into USPS networks by
one mailer or mail service provider within a single mailing or retail
transaction, or included in the same manifest or shipping services
file, and intended for delivery to a single consignee at a single
destination address.
Require DOT-approved lithium battery markings on all
mailpieces containing lithium cells or batteries contained in equipment
when there are more than two mailpieces in a single consignment in
domestic mail.
Limit a single consignment to two mailpieces containing
lithium batteries for international and APO/FPO/DPO mail.
These revisions will be published in the Postal Bulletin on August
17, 2017, but the Postal Service will provide for a transitional period
until January 1, 2018. During the transitional period, mailers are
urged to comply with the new mailing standards, but compliance will not
be mandatory until January 1, 2018. Mailers and other interested
parties can view details of these revisions in edition 22471 of the
Postal Bulletin, to be published on August 17, 2017. The Postal
Bulletin is available at https://about.usps.com/postal-bulletin/pb2017.htm.
The Postal Service will incorporate these revisions into the next
online update of the Publication 52, which is available via Postal
Explorer[supreg] at https://pe.usps.com.
Stanley F. Mires,
Attorney, Federal Compliance.
[FR Doc. 2017-15624 Filed 7-25-17; 8:45 am]
BILLING CODE 7710-12-P