New Mailing Standards for Mailpieces Containing Liquids, 9716-9719 [2019-04894]

Agencies

• Postal Service

[Federal Register Volume 84, Number 52 (Monday, March 18, 2019)]
[Rules and Regulations]
[Pages 9716-9719]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-04894]


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POSTAL SERVICE

39 CFR Part 111


New Mailing Standards for Mailpieces Containing Liquids

AGENCY: Postal ServiceTM.

ACTION: Final rule.

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SUMMARY: The Postal Service is revising Mailing Standards of the United 
States Postal Service, Domestic Mail Manual (DMM[supreg]), section 
601.3.4 to clarify and supplement the mailing standards for mailpieces 
containing liquids.

DATES: Effective March 28, 2019.

FOR FURTHER INFORMATION CONTACT: Mary Collins at (202) 268-5551 or Wm. 
Kevin Gunther at (202) 268-7208.

SUPPLEMENTARY INFORMATION:

Background

    The Postal Service published a notice of proposed rulemaking on 
July 9, 2018, (83 FR 31712-31713) requesting public feedback on 
potential changes to DMM 601.3.4. The original proposed rule provided 
for a 30-day comment period. At the request of the mailing industry, 
the comment period was subsequently extended to September 30, 2018. 
During the comment period, the Postal Service received twenty formal 
comments, and engaged in a number of discussions with mailers and with 
various members of the mailing and hazardous materials transportation 
industries.
    The July 9, 2018 proposed rule consisted of two components. The 
first component was the clarification of existing language that 
specified packaging and markings for mailpieces containing liquids. The 
second component was a proposal to extend the requirement to triple-
package breakable primary containers with a volume of four (4) ounces 
or less. Current mailing standards require triple packaging only for 
breakable primary containers over 4 ounces.
    The Postal Service will move forward with the proposed 
clarification language and incorporate some additional changes that 
were proposed by mailers during the comment period. The Postal Service 
has observed that a significant percentage of liquid spills results 
from mailers misinterpreting the existing packaging requirements for 
liquids, thinking their nonmetal containers are not breakable. However, 
nonmetal containers (i.e., plastic, glass, earthenware, etc.) are often 
the source of liquid spills in Postal Service networks.
    Specifically, the Postal Service will remove the ambiguity 
surrounding the meaning of ``breakable container,'' in addition to 
clarifying the packaging requirements for those containers. The Postal 
Service expects this revision to reduce confusion, improve compliance, 
and limit the frequency with which it has to take action with 
noncompliant mailers. For convenience and simplicity, the Postal 
Service will also consolidate existing requirements for the packaging 
of liquids from Publication 52, Hazardous, Restricted and Perishable 
Mail, into the revised DMM 601.3.4, adding reference to package 
orientation markings as a condition for the mailing of liquids or other 
spillable materials. The Postal Service believes this clarification to 
be

[[Page 9717]]

necessary prior to considering an escalation of enforcement.
    With regard to extending the requirement to triple-package 
breakable primary containers with a volume of 4 ounces or less, the 
Postal Service will not move forward with this proposal at this time. 
The Postal Service will continue to monitor the frequency and impact of 
spills originating for these smaller containers, and make a 
determination at a future date regarding mailing standards revisions 
relating to smaller containers of liquids. The Postal Service 
encourages mailers to review and, if justified, make improvements to 
their packaging processes for small containers, especially for those 
liquids that can be disruptive to Postal Service operations (e.g., 
corrosive, viscous or oily liquids, and those with strong odors).

Summary of Comments and Postal Service Responses

    The Postal Service received 20 responses to the July 9, 2018 
proposed rule, several of which included multiple comments. Commenters 
included trade groups representing shippers of hazardous materials, 
individual mailers, mailer organizations, pharmaceutical mailers, and 
technical/professional service providers. Comments and Postal Service 
responses are summarized as follows:
    Comment: Three commenters expressed concern with the impact the 
proposed revision could have on liquid product samples placed into 
Periodicals, and other flat-size or letter-size mailpieces.
    USPS Response: It was not the intent of the Postal Service to 
expand the applicability of the revised DMM 601.3.4 to packets of 
liquid product samples placed in letter-size and flat-size mailpieces. 
Mailing standards relating to samples in Periodical mailpieces are 
provided in DMM 207.3.3.9. Additional details are described in Customer 
Support Ruling (CSR) PS-273. The mailing of packets of liquid product 
samples in other letter-size and flat-size mailpieces is described in a 
Postal Service policy, administered primarily through the Pricing and 
Classification Service Center (PCSC). The Postal Service does not 
intend to make changes to these mailing standards or policy at this 
time.
    Comment: Several commenters opined that the revised standards would 
tend to make the Postal Service less competitive, add cost to mailers, 
and could drive liquid mailers to other transportation providers.
    USPS Response: The Postal Service is committed to the safety and 
security of all items in its networks and strives to create mailing 
standards that support these efforts, yet are not overly burdensome to 
the mailing industry. The Postal Service will continue to work with 
industry to find ways to minimize incidents and the hidden costs 
resulting from clean-up expenses, lost work-hours and indemnity claims 
associated with spills of liquids in Postal Service networks.
    Comment: Several commenters requested that the Postal Service 
reconsider its proposal to extend the triple-packaging requirement to 
primary containers of 4 ounces or less, with one commenter suggesting 
that the 4 ounce threshold be raised. These commenters relate that the 
additional expense associated with compliance would increase mailer 
costs.
    USPS Response: In response to these requests, the Postal Service 
will not move forward with this proposal. Instead, the Postal Service 
will monitor the frequency and impact of spills originating from these 
smaller containers, and make a determination at a future date regarding 
mailing standards revisions. The Postal Service plans to consult with 
the shipping industry periodically on this topic and prior to proposing 
additional restrictions on smaller containers, if such a change appears 
necessary. In the meantime, the Postal Service requests that mailers 
review and, if warranted, make improvements to their packaging 
processes for small containers, especially for those liquids that can 
be disruptive to Postal Service operations (e.g., viscous or oily 
liquids and those with strong odors).
    Comment: One commenter generally agreed with the change, but 
suggested restricting its application to commercial mailers only, while 
another commenter speculated that most spill incidents are not 
attributable to commercial mailers.
    USPS Response: There is no evidence to support the claim that e-
Retailers are better or worse at packaging liquids than the general 
public. The proposed changes are intended to reflect industry best 
practices that can be applied uniformly.
    Comment: Several commenters urged the Postal Service to improve its 
enforcement regarding mailers found to be using insufficient packaging 
for liquids, instead of implementing new requirements. One commenter 
specifically suggested that the USPS Mailpiece Incident Reporting Tool 
(MIRT) be employed for this purpose. Additional suggestions ranged from 
mandating new mailer-provided insurance coverage that would compensate 
for damages to equipment and affected mailpieces to the introduction of 
fines that would cover the cost of any damages caused by mailpieces 
that are not prepared in accordance with mailing standards.
    USPS Response: The MIRT currently has the capacity to capture 
details of, and generate reports for, nonhazardous liquids incidents. 
The Postal Service will continue its efforts to improve MIRT compliance 
going forward, and will attempt to provide more consistent and timely 
feedback to noncompliant mailers.
    In an additional effort to improve compliance, the Postal Service 
will move forward with some of its proposed revisions to DMM 601.3.4 
and Publication 52, Hazardous, Restricted and Perishable Mail, section 
451.3, specifically to remove the ambiguity surrounding the meaning of 
the term ``breakable container'' and clarifying the packaging 
requirements for those containers. The Postal Service believes a 
significant percentage of liquid spill incidents arise from mailers 
misinterpreting the existing packaging requirements for liquids, 
thinking their nonmetal containers are not breakable. As a result, the 
Postal Service expects these revisions to improve compliance, and limit 
the frequency with which it has to take action with noncompliant 
mailers. It is also expected that these revisions are an appropriate 
first step in the Postal Service's improved enforcement process and the 
Postal Service will continue to work with the mailing industry to 
explore other options.
    Comment: One commenter suggested the Postal Service place 
additional restrictions on problematic liquids.
    USPS Response: The Postal Service currently has separate and 
distinct mailing standards for hazardous and nonhazardous liquids. At 
this time, the Postal Service prefers not to add another set of 
standards for nonhazardous liquids with specific characteristics. The 
Postal Service will consider this approach at a later date if 
conditions demonstrate the need.
    Comment: One commenter related their belief that requiring triple 
packaging of nonmetal containers will add considerable packaging costs 
by adding additional weight and bulk to shipments, and may push 
mailings into higher rate cells, affecting a mailer's ability to 
combine liquids and non-liquids in the same shipment.
    USPS Response: The Postal Service is sensitive to mailer concerns 
about escalating cost. However, it is the position of the Postal 
Service that the proposed revisions relating to breakable containers 
and the requirement to triple

[[Page 9718]]

package are nothing more than clarification of existing standards. The 
Postal Service believes mailers should have always been triple 
packaging nonmetal containers, such as plastic bottles of motor oil, 
laundry detergent, and similar materials. As discussed previously in 
this Federal Register notice, the Postal Service believes it imperative 
to address the issue of spills, along with their associated hidden 
costs.
    Comment: One commenter suggested that the Postal Service benchmark 
with other carriers to discover their strategies for managing and 
mitigating liquids incidents.
    USPS Response: The Postal Service recognizes that there are 
operational differences between itself and commercial carriers and that 
it has legal constraints unique to its role as a governmental entity. 
However, the Postal Service plans to discuss liquid spill mitigation 
strategies with commercial carriers as opportunities arise.
    Comment: One commenter requested that the Postal Service revise the 
language in the current DMM 601.3.4(d) to remove the requirement for 
mailers to provide their International Safe Transit Association (ISTA) 
3A Package-Product Certification Notice at the time of mailing, and to 
replace it with language stating that mailers only need to be capable 
of meeting the conditions of the ISTA 3A procedure test.
    USPS Response: The Postal Service believes it important for 
mailers, when choosing to use an alternate process to triple packaging, 
to provide certification that their packaging meets all the applicable 
test criteria. Therefore, the Postal Service will retain the 
requirement that mailers perform the ISTA 3A test on each combination 
of internal and external packaging for liquids, and make available the 
applicable 3A Package-Product Certification Notice for Postal Service 
review upon request. Upon the effective date of this notice, the Postal 
Service will no longer require mailers to provide these certifications 
at the time of each mailing, unless specifically requested by the 
office of acceptance.
    Comment: One commenter requested that the Postal Service allow 
tests, other than ISTA 3A, as an alternate process to triple packaging.
    USPS Response: In discussions with mailing and hazardous materials 
transportation industries regarding these proposed revisions, the 
Postal Service requested that mailers provide details about industry 
best practices used to ensure packaging is sufficiently rigorous to 
mitigate the risk of liquid spills in Postal Service networks. The 
Postal Service received one response from a pharmaceuticals mailer that 
referenced the Food and Drug Administration Current Good Manufacturing 
Practices (CGMP) process as an alternate process to triple packaging. 
The Postal Service reviewed the procedures and practices specified by 
the CGMP, but was unable to find guidelines relating to shipping or 
mailing of products and materials. As a result, the Postal Service will 
not add CGMP as an alternative to triple packaging for liquids in 
primary containers over 4 ounces. This commenter is encouraged to 
contact Postal Service Product Classification if they wish to provide 
additional input regarding CGMP.
    Comment: One commenter requested that the Postal Service reconsider 
the requirement to provide enough absorbent material to absorb all the 
liquid contained in the primary container(s). The commenter stated that 
the requirement is expensive, difficult to quantify, and is more 
restrictive than that of commercial carriers.
    USPS Response: The requirement to cushion the primary container 
with material sufficient to absorb all leakage has been in place for 
several years. Because of the elevated frequency with which liquid 
spills are now occurring, the Postal Service does not intend to relax 
this requirement at this time. Mailers that find it cost prohibitive to 
include absorbent materials as the cushioning material inside packages 
are encouraged to use the package testing alternatives found in the DMM 
section 601.3.4d.
    Comment: One commenter requests that the Postal Service provide a 
minimum of one year for mandatory compliance.
    USPS Response: As stated previously in this Federal Register 
notice, the Postal Service does not intend to move forward with its 
proposal to require triple packaging for containers of 4 ounces or 
less. In addition, the requirement to triple package breakable 
containers is not new, and has been in effect for many years. Since the 
DMM revisions discussed in this Federal Register notice do not 
constitute new requirements, the Postal Service does not believe it 
necessary to provide for a transitional period. Although these changes 
are effective March 28, 2019, the revisions will be published in the 
DMM on June 23, 2019.

List of Subjects in 39 CFR Part 111

    Administrative practice and procedure, Postal Service.

    The Postal Service adopts the following changes to Mailing 
Standards of the United States Postal Service, Domestic Mail Manual 
(DMM), incorporated by reference in the Code of Federal Regulations. 
See 39 CFR 111.1.
    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 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

* * * * *

3.0 Packaging

* * * * *

3.4 Liquids

    [Revise 3.4 as follows:]
    Mailers must mark the outer container of a mailpiece containing 
liquid to indicate the nature of the contents (i.e., liquid), and 
include orientation arrows in accordance with Publication 52, section 
226. Mailers must package and mail liquids under the following 
conditions:
    a. Use screw-on caps with a minimum of one and one-half turns, 
soldering, clips, or similar means to close primary containers 
containing liquids. Do not use containers with friction-top closures 
(push-down tops) except as provided in 3.4c. The use of locking rings 
or similar devices are encouraged when mailing containers with 
friction-top closures (push-down tops).
    b. Liquids in steel pails and drums with positive closures, such as 
locking rings or recessed spouts under screw-cap closures, may be 
mailed without additional packaging.
    c. Breakable containers including, but not limited to, those made 
of glass, plastic, porcelain, and earthenware, and metal containers 
with pull-tabs (pop-tops) or friction-top closures, having a capacity 
of more than 4 fluid ounces must be triple-packaged according to the 
following requirements:
    1. Cushion the primary container(s) with absorbent material capable 
of

[[Page 9719]]

absorbing all of the liquid in the container(s) in case of breakage;
    2. Place the primary container inside another sealed, leakproof 
container (secondary container), such as a watertight can or plastic 
bag; and
    3. Use a strong and securely sealed outer mailing container durable 
enough to protect the contents and withstand normal processing in 
Postal Service networks.
    d. As an alternative to 3.4c above, mailers may use containers 
certified under the International Safe Transit Association (ISTA) Test 
Procedure 3A. Mailers must, upon request, provide written test results 
verifying that sample mailpieces passed each test outlined in the 
standard and that no liquids were released.
* * * * *
    We will publish an appropriate amendment to 39 CFR part 111 to 
reflect these changes.

Brittany M. Johnson,
Attorney, Federal Compliance.
[FR Doc. 2019-04894 Filed 3-15-19; 8:45 am]
BILLING CODE 7710-12-P