Electronic Indicators for the Mailing of Hazardous Materials, 73510-73516 [2022-26072]

Download as PDF 73510 Federal Register / Vol. 87, No. 229 / Wednesday, November 30, 2022 / Proposed Rules (j) Alternative Methods of Compliance (AMOCs) (1) The Manager, Seattle ACO Branch, FAA, has the authority to approve AMOCs for this AD, if requested using the procedures found in 14 CFR 39.19. In accordance with 14 CFR 39.19, send your request to your principal inspector or responsible Flight Standards Office, as appropriate. If sending information directly to the manager of the certification office, send it to the attention of the person identified in paragraph (k) of this AD. Information may be emailed to: 9-ANMSeattle-ACO-AMOC-Requests@faa.gov. (2) Before using any approved AMOC, notify your appropriate principal inspector, or lacking a principal inspector, the manager of the responsible Flight Standards Office. (3) An AMOC that provides an acceptable level of safety may be used for any repair, modification, or alteration required by this AD if it is approved by The Boeing Company Organization Designation Authorization (ODA) that has been authorized by the Manager, Seattle ACO Branch, FAA, to make those findings. To be approved, the repair method, modification deviation, or alteration deviation must meet the certification basis of the airplane, and the approval must specifically refer to this AD. lotter on DSK11XQN23PROD with PROPOSALS1 (k) Related Information For more information about this AD, contact Brandon Lucero, Aerospace Engineer, Cabin Safety and Environmental Systems Section, FAA, Seattle ACO Branch, 2200 South 216th St., Des Moines, WA 98198; phone: 206–231–3569; email: brandon.lucero@faa.gov. (l) Material Incorporated by Reference (1) The Director of the Federal Register approved the incorporation by reference (IBR) of the service information listed in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51. (2) You must use this service information as applicable to do the actions required by this AD, unless the AD specifies otherwise. (i) Boeing Special Attention Requirements Bulletin 737–25–1855 RB, Revision 1, dated April 13, 2022. (ii) Boeing Special Attention Requirements Bulletin 737–25–1866 RB, Revision 1, dated April 11, 2022. (3) For service information identified in this AD, contact Boeing Commercial Airplanes, Attention: Contractual & Data Services (C&DS), 2600 Westminster Blvd., MC 110–SK57, Seal Beach, CA 90740–5600; telephone 562–797–1717; website myboeingfleet.com. (4) You may view this service information at the FAA, Airworthiness Products Section, Operational Safety Branch, 2200 South 216th St., Des Moines, WA. For information on the availability of this material at the FAA, call 206–231–3195. (5) You may view this service information that is incorporated by reference at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, fr.inspection@nara.gov, or go to: www.archives.gov/federal-register/cfr/ibrlocations.html. VerDate Sep<11>2014 16:37 Nov 29, 2022 Jkt 259001 Issued on November 1, 2022. Christina Underwood, Acting Director, Compliance & Airworthiness Division, Aircraft Certification Service. [FR Doc. 2022–26064 Filed 11–29–22; 8:45 am] BILLING CODE 4910–13–P POSTAL SERVICE 39 CFR Part 111 Electronic Indicators for the Mailing of Hazardous Materials Postal ServiceTM. Proposed rule for special standards; invitation to comment. AGENCY: ACTION: The Postal Service proposes to provide unique electronic service codes and to standardize extra service options for shipments of hazardous materials (HAZMAT). If adopted, this proposal would amend Publication 52, Hazardous, Restricted, and Perishable Mail (Pub 52) by requiring the use of unique service type codes and extra service codes within the electronic data submission and tracking barcodes for shipments containing HAZMAT provided to the USPS by the mailers in their Shipping Services File (SSF). This proposal would standardize the acceptance and handling of shipments containing HAZMAT by collecting electronic data to create manifests for the Postal Service’s air carrier suppliers and ensuring these items are handled appropriately with regards to the category of HAMZAT contained within the package. The Postal Service also proposes to amend the Mailing Standards of the United States Postal Service Domestic Mail Manual (DMM) that would alter the refund eligibility of Priority Mail Express containing hazardous materials. DATES: Submit comments on or before December 30, 2022. ADDRESSES: Mail or deliver written comments to the Director, Product Classification, U.S. Postal Service, 475 L’Enfant Plaza SW, Room 4446, Washington, DC 20260–5015. If sending comments by email, include the name and address of the commenter and send to PCFederalRegister@usps.gov, with a subject line of ‘‘Electronic Indicators’’. Faxed comments will not be accepted. All submitted comments and attachments are part of the public record and subject to disclosure. Do not enclose any material in your comments that you consider to be confidential or inappropriate for public disclosure. You may inspect and photocopy all written comments, by appointment only, at USPS® Headquarters Library, SUMMARY: PO 00000 Frm 00004 Fmt 4702 Sfmt 4702 475 L’Enfant Plaza SW, 11th Floor North, Washington, DC 20260. These records are available for review Monday through Friday, 9 a.m. to 4 p.m., by calling 202–268–2906. FOR FURTHER INFORMATION CONTACT: Jennifer Cox at (202) 268–2108, Juliaann Hess at (202) 268–7663, or Dale Kennedy (202) 268–6592. SUPPLEMENTARY INFORMATION: The Postal Service proposes to amend Publication 52, Hazardous, Restricted, and Perishable Mail (‘‘Pub 52’’), with the provisions set forth herein. While not codified in title 39, Code of Federal Regulations (‘‘CFR’’), Publication 52 is a regulation of the Postal Service, and changes to it may be published in the Federal Register. 39 CFR 211.2(a)(2). Moreover, Publication 52 is incorporated by reference into Mailing Standards of the United States Postal Service, Domestic Mail Manual (‘‘DMM’’) section 601.8.1, which is incorporated by reference, in turn, into the Code of Federal Regulations. 39 CFR 111.1, 111.3. Publication 52 is publicly available, in a read-only format, via the Postal Explorer® website at https:// pe.usps.com. In addition, links to Postal Explorer are provided on the landing page of USPS.com, the Postal Service’s primary customer-facing website, and on Postal Pro, an online informational source available to postal customers. If the proposal is adopted, the Postal Service will amend Pub 52 and the DMM with the requirements below: 1. Require PC Postage, eVS, ePostage, and USPS Ship mailers to transmit a Shipping Services File (SSF), or Shipping Partner Event File (SPEF) to the Postal Service before, or concurrent with, the tendering of hazardous materials shipments, and require mailers using USPS generated labels (including but not limited to USPS API, WebTools, Click-n-Ship, or Merchant Returns Application) to indicate the shipment includes hazardous materials at the time of requesting a label. 2. Require the use of unique Service Type Codes (STCs) for hazardous materials packages shipped domestically. At a minimum, mailers must use one of six unique STCs, each of which would correspond to the hazardous materials contained within a domestic shipment via Priority Mail®, First-Class Package Service®, Parcel Select®, Parcel Select Lightweight®, and USPS Retail Ground®, or, if purchasing extra services, use one of sixteen STCs to show the product and extra service used. 3. Require the use of unique STCs for hazardous materials for returns (packages using any of the USPS Return E:\FR\FM\30NOP1.SGM 30NOP1 lotter on DSK11XQN23PROD with PROPOSALS1 Federal Register / Vol. 87, No. 229 / Wednesday, November 30, 2022 / Proposed Rules products). At a minimum, mailers must use one of eight STCs, each of which will correspond with the hazardous materials return shipments via Priority Mail Return Service, First-Class Package Return Service®, Parcel Return Service, and USPS Ground Return Service, or, if purchasing extra services, use one of six STCs to reflect the product and extra service used. 4. Specify that Insurance and Adult Signature will be the only domestic Extra Services available on a package containing hazardous materials. The Postal Service proposes to provide a unique STC for each product without an Extra Service (which would include basic USPS ‘‘tracking provided’’ as a built-in feature of these products), with purchases of insurance less than or equal to $500, with purchases of insurance over $500, with Signature Requested for Priority Mail Express, and with the required use of Adult Signature over 21 for Priority Mail Express and Priority Mail shipments of tobacco/ Electronic Nicotine Delivery System (ENDS) products. 5. Specify five unique STCs for Priority Mail Express® shipments to identify packages where the mailer is requesting a signature waiver, requiring a signature, Adult Signature over 21 (when shipping tobacco/ENDS products via PME and PM), purchasing insurance less than or equal to $500, or purchasing insurance over $500. 6. Specify three unique STCs to explicitly identify Division 6.2, Infectious Substances, returned through the Postal Service network using any USPS Return Service product. 7. Provide unique Extra Service Codes (ESC) to identify categories of hazardous materials with specific relevance to segregation, handling, and identification in the Postal Service network. 8. Encourage adoption of the Postal Service’s recommendation to add two (2) supplemental GS1-DataMatrix (2D) IMpbs to shipping labels to improve package visibility; one in the address block to the left of the Delivery Address and one in the lower right corner of the shipping label. 9. Provide for the optional use of hazardous materials electronic indicators from the date of publication of the final rule until January 21, 2023, and, if the final rule is adopted, to require their use by April 30, 2023. Overview Due to the rapid expansion of eCommerce, the United States Postal Service® (Postal Service®) has encountered a significant increase in the number of hazardous material shipments being entered into the VerDate Sep<11>2014 16:37 Nov 29, 2022 Jkt 259001 mailstream. Materials such as lithium batteries, flammable liquids, flammable gases, non-flammable compressed gases, and corrosive cleaning solutions that were typically purchased through brickand-mortar establishments are now routinely being purchased online and shipped to their destination. This increase in hazardous material volume has brought with it a proportional increase in instances of improper labelling and packaging, use of ineligible shipping services, and an increase in safety related incidents in Postal Service facilities. These incidents have increased risks to Postal Service employees, customers, and business suppliers, especially risks related to personal safety/property damage, and resulted in millions of dollars in losses. The Postal Service relies heavily on commercial cargo and passenger aircraft to transport mail in circumstances where the use of ground transportation is insufficient to meet its service standards or is otherwise operationally or financially impracticable. With regard to the transportation of hazardous materials, commercial air carriers observe requirements promulgated by the Federal Aviation Administration (FAA), and the International Civil Aviation Organization (ICAO). In accordance with FAA regulations, commercial air carriers are required to develop and maintain a Safety Management System (SMS). In applying the safety risk management concept of their respective SMS, air carriers conduct a systemic analysis to identify hazards and then develop and maintain processes to analyze the safety risks associated with the hazards identified. This process requires air carriers to acquire data with respect to their operations, products, and services, to monitor the safety performance of their operations, and to conduct and update their risk assessments. Previously, the Postal Service tendered mail, including packages containing both nonhazardous and marked hazardous materials, to its contracted air carriers in sacks. Due to the ‘‘sacking’’ of marked hazardous materials from the Postal Service, air carriers were often unaware of the specific marked hazardous materials they were accepting and transporting. Without this information, air carriers were unable to accurately define and address the risks associated with the mail. To address these issues, and several others related to hazardous materials shipments, the Postal Service promulgated an interim final rule specifying that mailers must separate hazardous materials from other mail when tendering to the Postal Service. 87 PO 00000 Frm 00005 Fmt 4702 Sfmt 4702 73511 FR 34197. In a separate final rule being published today, the Postal Service promulgated as a final rule the changes to Pub 52, with some alterations from the interim final rule. The current proposal complements the effective implementation of both the interim final rule and the more recent final rule, but also is part of a broader effort to increase safety and security when hazardous materials are transported through the mail. Proposal To enhance its ability to make knowledgeable decisions regarding the handling and disposition of hazardous materials shipments in its networks and better leverage the use of operational processes to properly segregate and tender these items, the Postal Service proposes to require mailers to identify and categorize their hazardous materials shipments through the use of specified electronic indicators. The Postal Service expects to use these indicators to capture details about the categories, volume, and weight of the hazardous materials contained in packages tendered to its contracted transportation providers, which would ensure that both the Postal Service and its contracted transportation providers have the required information to be able to handle these packages in a safe and operationally efficient manner. These HAZMAT-specific indicators will be required regardless of whether the mailpieces are entered at origin or in connection with destination entry. The Postal Service has enhanced its operational capability to provide piecelevel tracking and visibility through the use of the Intelligent Mail Package Barcodes (IMpb®). These barcodes can be scanned by automated processing equipment and Intelligent Mail scanning devices. Today, mailers are required to encode certain information into the barcode structure of the IMpb through the use of STCs and to encode additional information into a USPSApproved SSF/SPEF through the use of Extra Service Codes (ESCs). As part of current procedures under Postal Service Publication 199, mailers tendering commercial packages to the Postal Service are required to accurately encode their IMpb barcodes for each package and supply the Postal Service with a complete SSF/SPEF when entering their packages into the Postal Service’s network. The Postal Service is committed to improving package visibility by increasing the volume and quality of scan data that is collected within its processing environment. Extreme curvature, fold-overs, and creased E:\FR\FM\30NOP1.SGM 30NOP1 73512 Federal Register / Vol. 87, No. 229 / Wednesday, November 30, 2022 / Proposed Rules shipping labels on soft packs and irregularly shaped parcels often distort the current/traditional one-dimensional GS1–128 IMpb barcode to an extent that the barcode becomes unreadable resulting in no-reads. This reduces overall package visibility to the customer and may require that the piece be re-run or manually sorted. In an effort to improve processing efficiency and improve package visibility, the Postal Service will recommend adding two (2) supplemental GS1-DataMatrix (2D) IMpbs to shipping labels: one in the address block to the left of the Delivery Address and the other in the lower right corner of the shipping label. The Postal Service may require this practice in the future. For more information on the GS1-DataMatrix (2D) IMpbs, mailers can view GS1 (2D) information and find barcode specifications at: https://www.gs1.org/ docs/barcodes/GS1_DataMatrix_ Guideline.pdf and https://postalpro. usps.com/shipping/impb/2d-impbguide. As a related matter, the Postal Service proposes to amend the Mailing Standards of the United States Postal Service Domestic Mail Manual (DMM) that would alter the refund eligibility of Priority Mail Express containing hazardous materials. Given that shipments containing HAZMAT may have to be processed differently than if they did not contain HAZMAT. As a result, the Postal Service proposes that refunds for domestic Priority Mail Express would not be available for shipments containing live animals or hazardous materials and the item is delivered or delivery was attempted within 3 days of the date of mailing. lotter on DSK11XQN23PROD with PROPOSALS1 Restriction of Extra Services The Postal Service proposes to restrict the Extra Service options available for shipments of regulated hazardous materials, including restrictions on Adult Signature over 21 (used when regulations require restricted delivery to adults aged 21 years and older for tobacco and ENDS shipments), insurance over and under $500 for most mail classes or products, and insurance over and under $500 in addition to waiver of signature for Priority Mail Express. The Postal Service is proposing these additional restrictions to reduce the complexity for mailers complying with the requirements in this Federal Register Notice. The Postal Service expects the demand for the variety of Extra Services covered under this proposed restriction to be low enough for shippers of hazardous materials to generally be of minor concern. VerDate Sep<11>2014 16:37 Nov 29, 2022 Jkt 259001 PC Postage, eVS, USPS Ship, and ePostage Users or Users of USPSGenerated Labels (USPS APIs, WebTools, Click-n-Ship, MRA) The generation of the flight-specific air carrier manifests and the other operational enhancements proposed in this Federal Register Notice would be possible only when the information is included in a mailer’s SSF/SPEF and is made available to all Postal Service systems in a timely fashion. It is for this reason that the Postal Service is proposing to require impacted mailers to transmit an approved SSF/SPEF before, or concurrent with, the physical tendering of regulated hazardous materials shipments to the Postal Service regardless of the postage payment method used. In addition to the other postage payment methods, this requirement would extend to mailers using electronic payment systems (PC Postage, eVS, ePostage, or USPS Ship). Additionally, any mailer using a USPS generated label (including but not limited to USPS API, WebTools, Clickn-Ship, or Merchant Returns Application) would indicate before label generation that the shipment includes hazardous materials. Legacy Postal Meters and Hard Copy Mailers To ensure electronic information for all hazardous materials shipments is available and provided to the Postal Service concurrent with the induction of each shipment into the Postal Service’s network, the Postal Service proposes to restrict shipments of hazardous materials from mailers using postage meters not capable of electronically transmitting transactional data to the Postal Service, mailers submitting paper postage statements, and any other mailers who may still be using legacy package barcodes. The Postal Service urges these mailers to transition to newer systems or to bring their hazardous materials to a Postal Service retail unit for induction. Service Type Codes and Extra Service Codes for Hazardous Materials The Postal Service proposes to specify six unique required STCs and an optional sixteen STCs to correspond with each product and extra service used to identify the hazardous materials contained in domestic originating shipments via Priority Mail Service, First-Class Package Service®, Parcel Select, Parcel Select Lightweight, and USPS Retail Ground Service. The optional STCs would provide a unique STC for each product without an Extra Service, requests for insurance less than PO 00000 Frm 00006 Fmt 4702 Sfmt 4702 or equal to $500, requests for insurance over $500, Signature Requested for Priority Mail Express, and Adult Signature over 21 for Priority Mail Express and Priority Mail. The Postal Service also proposes to specify eight unique required STCs and an optional six STCs to reflect the product and extra service used, each to correspond to hazardous materials return shipments via Priority Mail Return Service, FirstClass Package Return Service®, Parcel Return Service, and USPS Ground Return Service. The eight required STCs specify unique STCs for each product, and specify unique STCs to explicitly identify Division 6.2, Infectious Substances, while the optional STCs would correspond to the Extra Service options described above for domestic shipments returned through the Postal Service network using each of these return services. The Postal Service proposes unique STCs to identify Division 6.2, Infectious Substances, because hazardous materials in this category are the most commonly shipped hazardous materials through the Postal Service network via a return service. Additional visibility into these shipments would be beneficial to the Postal Service reducing incidents related to the mailing of hazardous materials. The Postal Service proposes to provide unique ESCs to identify specified categories of hazardous materials with specific relevance to segregation, handling, and identification in Postal Service networks. The Postal Service plans to specify approximately 23 ESCs, each to identify a category of hazardous materials that is associated with specific restrictions, packaging, and markings requirements, and for some ESCs, restrictions in air transportation. Included among the proposed categories to be assigned with a specific ESC, and intended for air transportation are: • Air Eligible Consumer Commodity/ Limited Quantity • Air-eligible Ethanol • Excepted Quantity • Division 5.1, Oxidizer • Division 5.2, Organic Peroxide • Division 6.1, Toxic Material (Packaging Instruction 6B) • Class 8, Corrosive • Class 8, Nonspillable battery • Class 9, Dry Ice • Class 9, Magnetized Material • Class 9, Lithium Battery (marked) • Class 9, Lithium Battery (unmarked) The Postal Service has also specified one proposed ESC to indicate a shipment with hazardous materials to be used when requesting a USPS E:\FR\FM\30NOP1.SGM 30NOP1 Federal Register / Vol. 87, No. 229 / Wednesday, November 30, 2022 / Proposed Rules generated label from USPS APIs or WebTools. Additionally, the Postal Service has specified proposed ESCs to correspond with categories of hazardous materials shipments intended for ground transportation, which will be available in Appendix G of Pub 52. The Postal Service expects to have these STCs and ESCs available for optional use by mailers before the end of the 2022 calendar year. If the final rule is adopted, the Postal Service intends to require STC adoption by April 30, 2023. The use of ESCs in domestic mail and GS1 DotMatrix (2D) barcodes would remain optional for mailers for the foreseeable future. The use of the appropriate STC and ESC is contingent upon the mailability of the hazardous material. Mailers must adhere to the packaging instructions in Pub 52 for specific hazardous materials being shipped in order to assess mailability prior to finalizing the shipment. lotter on DSK11XQN23PROD with PROPOSALS1 International Shipments Tracking numbers for international packages include the use of an IMpb and would not have unique STCs for hazardous materials. However, international mailpieces containing hazardous materials/Dangerous Goods (DG) ((DG) is an international term used to identify hazardous materials) would be required to utilize the appropriate ESC for the category of hazardous materials/DG in the SSF/SPEF used by the mailer and transmitted to the Postal Service. The Postal Service proposes to require mailers to include the hazardous materials/DG ESC applicable to the category of material being shipped. In accordance with Mailing Standards of the United States Postal Service, International Mail Manual (IMM®) part 135, only three categories of hazardous materials/DG are permitted in international mail. Hazardous materials/ DG permitted in international mail are restricted to specified subsets of the following DG classes: • Division 6.2, Infectious Substances (permitted only by authorization from Product Classification, USPS® Headquarters) • Class 7, Radioactive Materials • Class 9, Lithium Batteries installed in equipment (unmarked) The Postal Service would provide access to the ESCs applicable to these hazardous materials categories for use with international mail. Systems Enhancements To provide greater visibility into the quantities, weights, and categories of hazardous materials being tendered to VerDate Sep<11>2014 16:37 Nov 29, 2022 Jkt 259001 73513 the Postal Service’s contracted air carriers, the Postal Service plans to use the data from the STCs and ESCs to improve its identification of hazardous materials/DG shipments, ensure proper assignment of these shipments to the proper mode of transportation, acquire better data on what hazardous materials/DG are transiting its system, and provide increased safety to customer, employees, contractors, and shippers. These electronic indicators would also provide Postal Service operations personnel with the ability to identify packages containing hazardous materials/DG and the categories under which they fall. This additional information would allow the Postal Service to separate or handle such hazardous materials/DG packages as necessary to meet operational requirements and allow Postal Service operations to affix, when necessary, the applicable markings to a postal receptacle containing hazardous materials/DG. which is further incorporated by reference in the Code of Federal Regulations. 39 CFR 111.1, 111.3. Publication 52 is also a regulation of the Postal Service, changes to which may be published in the Federal Register. 39 CFR 211.2(a). Enforcement If this proposal is adopted, the United States Postal Inspection Service® (USPIS®) expects universal compliance by mailers following a reasonable period of time to communicate the new requirements to mailers and postage payment providers, and for them to make the necessary changes to their systems. Following the implementation period, USPIS® intends to enforce these new requirements using its civil penalty authority under 39 U.S.C. 3018 and/or 39 CFR 233.12(f). The Postal Service is revising the Priority Mail Express refund policy in DMM subsection 604.9.5.5 to not allow a refund if the shipment contains hazardous materials and was delivered or delivery was attempted within 3 days of the date of mailing. Although exempt from the notice and comment requirements of the Administrative Procedure Act (5 U.S.C. 553(b), (c)) regarding proposed rulemaking by 39 U.S.C. 410(a), the Postal Service invites public comment on the following proposed revisions 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. We will publish an appropriate amendment to 39 CFR part 111 to reflect these changes. The Postal Service also proposes to adopt the following changes to Publication 52, Hazardous, Restricted, and Perishable Mail, incorporated by reference into the DMM, section 601.8.1, Mailing Standards of the United States Postal Service, Domestic Mail Manual (DMM) PO 00000 Frm 00007 Fmt 4702 Sfmt 4702 List of Subjects in 39 CFR Part 111 Administrative practice and procedure, Postal Service. Accordingly, 39 CFR part 111 is proposed to be 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. 2. Revise the Mailing Standards of the United States Postal Service, Domestic Mail Manual (DMM) as follows: ■ * * * * * 600 Basic Standards for All Mailing Services * * * * * 604 Postage Payment Methods and Refunds * * * 9.0 Exchanges and Refunds * * * * * * * 9.5 Priority Mail Express Postage and Fees Refunds * * 9.5.5 * * * Refunds Not Given Postage will not be refunded if the guaranteed service was not provided due to any of the following circumstances: * * * * * [Revise the text of item g to read as follows:] g. The shipment contained live animals or hazardous materials and was delivered or delivery was attempted within 3 days of the date of mailing. * * * * * ■ 3. Revise Publication 52 as follows: Publication 52, Hazardous, Restricted and Perishable Mail * 3 * * * * Hazardous Materials * E:\FR\FM\30NOP1.SGM * * 30NOP1 * * 73514 32 * Federal Register / Vol. 87, No. 229 / Wednesday, November 30, 2022 / Proposed Rules General * * * * 323 Mailer Responsibility [Add new sections 323.1, 323.2, 323.3 and 323.4 to read as follows:] 323.1 Electronic Service Type and Extra Service Codes Mailers tendering packages containing hazardous materials to the Postal Service must use a unique Service Type Code (STC) for domestic outbound and return packages that correspond to the appropriate product being shipped (i.e., Priority Mail®, First-Class Package Service®, Parcel Select®, Parcel Select Lightweight®, and USPS Retail Ground®). The STC is required regardless of whether the mailpieces are entered at origin or for destination entry. If purchasing an eligible extra service, mailers must use the STC indicating the product and extra service in conjunction with the appropriate Extra Service Code (ESC). Extra services permitted with hazardous materials mailings are: a. Adult Signature b. Insurance less than or equal to $500 c. Insurance over $500 d. Signature Requested for Priority Mail Express e. Adult Signature over 21 for Priority Mail Express (tobacco/Electronic Nicotine Delivery System (ENDS) products) f. Adult Signature over 21 for Priority Mail (ENDS products) A list of HAZMAT STCs and ESCs can be found in Appendix G and Pub 199. lotter on DSK11XQN23PROD with PROPOSALS1 323.2 Additional GS1 DotMatrix (2D) IMpb In addition to including the appropriate STC in the one-dimensional GS1–128 IMpb barcode on the address label, the Postal Service recommends adding two (2) supplemental GS1DataMatrix (2D) IMpbs to shipping labels. One in the address block to the left of the Delivery Address and one in the lower right corner of the shipping label. 760 116 184 395 785 362 ................................ ................................ ................................ ................................ ................................ ................................ VerDate Sep<11>2014 Note: while currently this is a recommended practice, the Postal Service may undertake to make this requirement mandatory in the future. For more information on the GS1-DataMatrix (2D) IMpbs, mailers can view GS1 (2D) information and find barcode specifications at: https://www.gs1.org/docs/barcodes/GS1_ DataMatrix_Guideline.pdf and https:// postalpro.usps.com/shipping/impb/2d-impbguide. Codes that are only serviced by air transportation. See Appendix F for ZIP Codes serviced by air transportation only. * * * * * 323.3 Shipping Service File Mailers shipping hazardous materials domestically utilizing PC Postage, eVS, USPS Ship, and/or ePostage platforms must incorporate the applicable Service Type Code (STC) and/or Extra Service Code (ESC) found in Appendix G and Pub 199 and transmit a Shipping Services File (SSF), Version 1.7 or higher, or Shipping Partner Event File (SPEF), using Version 5.0 or higher, to the Postal Service before, or concurrent with the tendering of any hazardous materials shipments. * 323.4 Legacy Postage and Hard Copy Postage Statements Mailers using legacy postage meters or hard copy postage forms must present hazardous materials mailings to a Postal Service retail unit for acceptance. 323.5 USPS Generated Shipping Labels Mailers using a label generated by the USPS (including but not limited to USPS APIs, WebTools, Click-n-Ship, or Merchant Returns Application) must indicate whether the shipment contains hazardous materials at the time of label generation. * * * * * 327 Transportation Requirements 327.1 General [Revise the last sentence in bullet b. to read as follows:] b. * * *A mailpiece containing mailable hazardous materials with postage paid at Marketing Mail, USPS Retail Ground, Parcel Select, or Package Service prices must not, under any circumstances, be transported on air transportation. This excludes those ZIP 6 International Mail 62 Hazardous Materials: International Mail 621 General Requirements * * * * [Add new section 621.5 to read as follows:] 621.5 Extra Service Codes and Shipping Service Files Mailers shipping dangerous goods internationally, including to APO/FPO/ DPO destinations utilizing PC Postage, eVS, USPS Ship, and ePostage platforms, must incorporate the applicable Extra Service Code (ESC) found in Appendix G and Pub 199 and transmit a Shipping Services File (SSF), Version 1.7 or higher, or Shipping Partner Event File (SPEF), using Version 5.0 or higher, to the Postal Service before, or concurrent with, the tendering of any dangerous goods shipments. * * * * * [Add new Appendix G to read as follows:] Appendix G Hazardous Materials Service Type Codes (STCs) and Extra Service Codes (ESCs) This appendix contains a complete list of the required and optional STCs and ESCs when shipping hazardous materials and/or dangerous goods. If an optional STC is selected, then a corresponding ESC must be used. See 323 and 621.5. STCs Domestic Outbound (Required) The following STCs are required when shipping domestic hazardous materials, unless an STC from the ‘‘Optional’’ table is used in combination with the applicable ESC. ESCs are not required and are optional when using an STC from the following list. Priority Mail Express Signature Waived—Hazardous Materials. Priority Mail USPS Tracking—Hazardous Materials. First-Class Package Service USPS Tracking—Hazardous Materials. Parcel Select USPS Tracking—Hazardous Materials. Parcel Select Lightweight USPS Tracking—Hazardous Materials. USPS Retail Ground USPS Tracking—Hazardous Materials. 16:37 Nov 29, 2022 Jkt 259001 PO 00000 Frm 00008 Fmt 4702 Sfmt 4702 E:\FR\FM\30NOP1.SGM 30NOP1 Federal Register / Vol. 87, No. 229 / Wednesday, November 30, 2022 / Proposed Rules STCs Domestic Outbound (Optional) The following STCs are optional and are allowed to be used when shipping 678 761 762 763 764 120 323 075 185 186 483 628 786 787 363 365 ................................ ................................ ................................ ................................ ................................ ................................ ................................ ................................ ................................ ................................ ................................ ................................ ................................ ................................ ................................ ................................ The following STCs for domestic hazardous materials returns packages ................................ ................................ ................................ ................................ ................................ ................................ ................................ ................................ The following STCs are optional for domestic hazardous materials returns ................................ ................................ ................................ ................................ ................................ ................................ are required, unless an STC from the ‘‘Optional’’ list is used in conjunction with the applicable ESC. ESCs are not required and are optional when using an STC from the following list. PRS—Hazardous Materials. First-Class Package Return Service—Hazardous Materials. Ground Return Service—Hazardous Materials. Priority Mail Return Service—Hazardous Materials. First-Class Package Return Service—Division 6.2 Hazardous Materials. Ground Return Service—Division 6.2 Hazardous Materials. Priority Mail Return Service—Division 6.2 Hazardous Materials. PRS: HAZMAT—Division 6.2 Hazardous Materials. STCs Domestic Returns (Optional) 190 191 388 399 515 517 domestic hazardous materials if the use of the applicable Extra Service is needed. PRS Insurance > $500—Hazardous Materials. Priority Mail Express Signature Requested—Hazardous Materials. Priority Mail Express Add Insurance <= $500—Hazardous Materials. Priority Mail Express Insurance > $500 Restricted Delivery—Hazardous Materials. Priority Mail Express Adult Signature Over 21—Hazardous Materials. Priority Mail Insurance <= $500—Hazardous Materials. Priority Mail Insurance > $500—Hazardous Materials. Priority Mail Adult Signature Over 21—Hazardous Materials. First-Class Package Service Insurance <= $500—Hazardous Materials. First-Class Package Service Insurance > $500—Hazardous Materials. Parcel Select Insurance <= $500—Hazardous Materials. Parcel Select Insurance > $500—Hazardous Materials. Parcel Select Lightweight Insurance <= $500—Hazardous Materials. Parcel Select Lightweight Insurance > 500—Hazardous Materials. USPS Retail Ground Insurance <= $500—Hazardous Materials. USPS Retail Ground Insurance > $500—Hazardous Materials. STCs Domestic Returns (Required) 676 187 385 037 217 218 219 859 packages if the use of the applicable Extra Service is needed. First-Class Package Return Service Insurance <= $500—Hazardous Materials. First-Class Package Return Service Insurance > $500—Hazardous Materials. Ground Return Service Insurance <= $500—Hazardous Materials. Ground Return Service Insurance > $500—Hazardous Materials. Priority Mail Return Service Insurance <= $500—Hazardous Materials. Priority Mail Return Service Insurance > $500—Hazardous Materials. lotter on DSK11XQN23PROD with PROPOSALS1 ESCs Domestic (Optional) The following is a list of ESCs that may be used in conjunction with a required STC if the mailer chooses. 810 811 812 813 814 815 816 817 818 819 820 821 822 823 824 825 826 ................................ ................................ ................................ ................................ ................................ ................................ ................................ ................................ ................................ ................................ ................................ ................................ ................................ ................................ ................................ ................................ ................................ VerDate Sep<11>2014 73515 Air Eligible Ethanol Package. Class 1—Toy Propellant/Safety Fuse Package. Hazardous Materials Class 3—Package. Class 7—Radioactive Materials Package. Class 8—Corrosive Materials Package. Class 8—Nonspillable Wet Battery Package. Class 9—Lithium Battery Marked—Ground Only Package. Class 9—Lithium Battery—Returns Package. Class 9—Lithium batteries, marked package. Class 9—Dry Ice Package. Class 9—Lithium batteries, unmarked package. Class 9—Magnetized Materials Package. Division 4.1—Mailable flammable solids and Safety Matches Package. Division 5.1—Oxidizers Package. Division 5.2—Organic Peroxides Package. Division 6.1—Toxic Materials Package (with an LD50 of 50 mg/kg or less). Division 6.2 Hazardous Materials. 16:37 Nov 29, 2022 Jkt 259001 PO 00000 Frm 00009 Fmt 4702 Sfmt 4702 E:\FR\FM\30NOP1.SGM 30NOP1 73516 827 828 829 830 831 832 Federal Register / Vol. 87, No. 229 / Wednesday, November 30, 2022 / Proposed Rules ................................ ................................ ................................ ................................ ................................ ................................ Excepted Quantity Provision Package. Ground Only Hazardous Materials. ID8000 Consumer Commodity Package. Lighters Package. LTD QTY Ground Package. Small Quantity Provision Package. ESCs Domestic & APO/FPO/DPO (Requesting Label From USPS APIs or WebTools) (Required) The following is an ESC that must be provided if requesting a USPS created label from USPS APIs or WebTools for a shipment containing hazardous materials. 857 ...... Hazardous Materials. ESCs International (Required) The following is a list of ESCs required for use in the mailers Shipping Service File, when tendering dangerous goods internationally with the Postal Service. 813 ...... 820 ...... 826 ...... * Class 7—Radioactive Materials Package. Class 9—Lithium batteries, unmarked package. Division 6.2 Hazardous Materials. * * * I. Background and Purpose * Sarah Sullivan, Attorney, Ethics & Legal Compliance. [FR Doc. 2022–26072 Filed 11–25–22; 11:15 am] BILLING CODE P DEPARTMENT OF HEALTH AND HUMAN SERVICES 42 CFR Part 10 [Docket No. 2021–0004] RIN 0906–AB28 340B Drug Pricing Program; Administrative Dispute Resolution Health Resources and Services Administration (HRSA), Department of Health and Human Services (HHS). ACTION: Notice of proposed rulemaking. AGENCY: The Health Resources and Services Administration implements section 340B of the Public Health Service (PHS) Act, which is referred to as the ‘‘340B Drug Pricing Program’’ or the ‘‘340B Program.’’ This notice of proposed rulemaking (NPRM) proposes to revise the current 340B administrative dispute resolution (ADR) final rule (Dec. 14, 2020) with a new process and solicits comment on the proposal. lotter on DSK11XQN23PROD with PROPOSALS1 SUMMARY: VerDate Sep<11>2014 16:37 Nov 29, 2022 Written comments and related material to this proposed rule must be received on or before January 30, 2023. ADDRESSES: You may submit written comments electronically by the following method: Federal eRulemaking Portal: https://www.regulations.gov. Follow the instructions on the website for submitting comments. Include the HHS Docket No. ‘‘HRSA–2021–000X’’ in your comments. All comments received will be posted without change to https://www.regulations.gov. Please do not include any personally identifiable or confidential business information you do not want publicly disclosed. FOR FURTHER INFORMATION CONTACT: Michelle Herzog, Deputy Director, Office of Pharmacy Affairs, HRSA, 5600 Fishers Lane, Mail Stop 08W12, Rockville, MD 20857; email: 340badr@ hrsa.gov; telephone: 301–594–4353. SUPPLEMENTARY INFORMATION: DATES: Jkt 259001 Section 340B of the PHS Act entitled ‘‘Limitation on Prices of Drugs Purchased by Covered Entities,’’ was created under section 602 of Public Law 102–585, the ‘‘Veterans Health Care Act of 1992,’’ and codified at 42 U.S.C. 256b. The 340B Program is intended to enable covered entities ‘‘to stretch scarce Federal resources as far as possible, reaching more eligible patients and providing more comprehensive services.’’ H.R. Rep. No. 102–384(II), at 12 (1992). The Secretary of Health and Human Services (Secretary) delegated the authority to establish and administer the 340B Program to the HRSA Administrator. The Office of Pharmacy Affairs (OPA), within HRSA, oversees the 340B Program. Eligible covered entity types are defined in Section 340B(a)(4) of the PHS Act, as amended. Section 340B(a)(1) of the PHS Act instructs HHS to enter into pharmaceutical pricing agreements (PPAs) with manufacturers of covered outpatient drugs. Under section 1927(a)(5)(A) of the Social Security Act, a manufacturer must enter into an agreement with the Secretary that complies with section 340B of the PHS Act ‘‘[i]n order for payment to be available under section 1903(a) or under part B of title XVIII of the Social Security Act for covered outpatient drugs of a manufacturer.’’ When a drug PO 00000 Frm 00010 Fmt 4702 Sfmt 4702 manufacturer signs a PPA, it agrees that the prices charged for covered outpatient drugs to covered entities will not exceed statutorily defined 340B ceiling prices. Those prices are based on quarterly pricing reports that manufacturers must provide to the Secretary through the Centers for Medicare & Medicaid Services (CMS). Section 7102 of the Patient Protection and Affordable Care Act (Pub. L. 111– 148), as amended by section 2302 of the Health Care and Education Reconciliation Act (Pub. L. 111–152), jointly referred to as the ‘‘Affordable Care Act,’’ added section 340B(d)(3) to the PHS Act, which requires the Secretary to promulgate regulations establishing and implementing a binding ADR process for certain disputes arising under the 340B Program. Under the 340B statute, the purpose of the ADR process is to resolve (1) claims by covered entities that they have been overcharged for covered outpatient drugs by manufacturers and (2) claims by manufacturers, after a manufacturer has conducted an audit as authorized by section 340B(a)(5)(C) of the PHS Act, that a covered entity has violated the prohibition on diversion or duplicate discounts. The ADR process is an administrative process designed to assist covered entities and manufacturers in resolving disputes regarding overcharging, duplicate discounts, or diversion, as outlined in statute. The 340B ADR process should be reserved for the above-stated statutory areas where the 340B ADR Panel can apply 340B law and policy to the case-specific factual circumstances at issue in a dispute. Historically, HHS has encouraged manufacturers and covered entities to work with each other to attempt to resolve disputes in good faith. HHS recognizes that most disputes that occur between individual parties are resolved in a timely manner without needing HRSA’s involvement. The ADR process is not intended to replace these good faith efforts and should be considered only when good faith efforts to resolve disputes have been exhausted and failed. In 2010, HHS issued an advanced notice of proposed rulemaking that requested comments on the development of an ADR process (75 FR 57233, Sept. 20, 2010). HHS received 14 E:\FR\FM\30NOP1.SGM 30NOP1

Agencies

[Federal Register Volume 87, Number 229 (Wednesday, November 30, 2022)]
[Proposed Rules]
[Pages 73510-73516]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-26072]


=======================================================================
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POSTAL SERVICE

39 CFR Part 111


Electronic Indicators for the Mailing of Hazardous Materials

AGENCY: Postal ServiceTM.

ACTION: Proposed rule for special standards; invitation to comment.

-----------------------------------------------------------------------

SUMMARY: The Postal Service proposes to provide unique electronic 
service codes and to standardize extra service options for shipments of 
hazardous materials (HAZMAT). If adopted, this proposal would amend 
Publication 52, Hazardous, Restricted, and Perishable Mail (Pub 52) by 
requiring the use of unique service type codes and extra service codes 
within the electronic data submission and tracking barcodes for 
shipments containing HAZMAT provided to the USPS by the mailers in 
their Shipping Services File (SSF). This proposal would standardize the 
acceptance and handling of shipments containing HAZMAT by collecting 
electronic data to create manifests for the Postal Service's air 
carrier suppliers and ensuring these items are handled appropriately 
with regards to the category of HAMZAT contained within the package. 
The Postal Service also proposes to amend the Mailing Standards of the 
United States Postal Service Domestic Mail Manual (DMM) that would 
alter the refund eligibility of Priority Mail Express containing 
hazardous materials.

DATES: Submit comments on or before December 30, 2022.

ADDRESSES: Mail or deliver written comments to the Director, Product 
Classification, U.S. Postal Service, 475 L'Enfant Plaza SW, Room 4446, 
Washington, DC 20260-5015. If sending comments by email, include the 
name and address of the commenter and send to 
[email protected], with a subject line of ``Electronic 
Indicators''. Faxed comments will not be accepted.
    All submitted comments and attachments are part of the public 
record and subject to disclosure. Do not enclose any material in your 
comments that you consider to be confidential or inappropriate for 
public disclosure.
    You may inspect and photocopy all written comments, by appointment 
only, at USPS[supreg] Headquarters Library, 475 L'Enfant Plaza SW, 11th 
Floor North, Washington, DC 20260. These records are available for 
review Monday through Friday, 9 a.m. to 4 p.m., by calling 202-268-
2906.

FOR FURTHER INFORMATION CONTACT: Jennifer Cox at (202) 268-2108, 
Juliaann Hess at (202) 268-7663, or Dale Kennedy (202) 268-6592.

SUPPLEMENTARY INFORMATION: The Postal Service proposes to amend 
Publication 52, Hazardous, Restricted, and Perishable Mail (``Pub 
52''), with the provisions set forth herein. While not codified in 
title 39, Code of Federal Regulations (``CFR''), Publication 52 is a 
regulation of the Postal Service, and changes to it may be published in 
the Federal Register. 39 CFR 211.2(a)(2). Moreover, Publication 52 is 
incorporated by reference into Mailing Standards of the United States 
Postal Service, Domestic Mail Manual (``DMM'') section 601.8.1, which 
is incorporated by reference, in turn, into the Code of Federal 
Regulations. 39 CFR 111.1, 111.3. Publication 52 is publicly available, 
in a read-only format, via the Postal Explorer[supreg] website at 
https://pe.usps.com. In addition, links to Postal Explorer are provided 
on the landing page of USPS.com, the Postal Service's primary customer-
facing website, and on Postal Pro, an online informational source 
available to postal customers. If the proposal is adopted, the Postal 
Service will amend Pub 52 and the DMM with the requirements below:
    1. Require PC Postage, eVS, ePostage, and USPS Ship mailers to 
transmit a Shipping Services File (SSF), or Shipping Partner Event File 
(SPEF) to the Postal Service before, or concurrent with, the tendering 
of hazardous materials shipments, and require mailers using USPS 
generated labels (including but not limited to USPS API, WebTools, 
Click-n-Ship, or Merchant Returns Application) to indicate the shipment 
includes hazardous materials at the time of requesting a label.
    2. Require the use of unique Service Type Codes (STCs) for 
hazardous materials packages shipped domestically. At a minimum, 
mailers must use one of six unique STCs, each of which would correspond 
to the hazardous materials contained within a domestic shipment via 
Priority Mail[supreg], First-Class Package Service[supreg], Parcel 
Select[supreg], Parcel Select Lightweight[supreg], and USPS Retail 
Ground[supreg], or, if purchasing extra services, use one of sixteen 
STCs to show the product and extra service used.
    3. Require the use of unique STCs for hazardous materials for 
returns (packages using any of the USPS Return

[[Page 73511]]

products). At a minimum, mailers must use one of eight STCs, each of 
which will correspond with the hazardous materials return shipments via 
Priority Mail Return Service, First-Class Package Return 
Service[supreg], Parcel Return Service, and USPS Ground Return Service, 
or, if purchasing extra services, use one of six STCs to reflect the 
product and extra service used.
    4. Specify that Insurance and Adult Signature will be the only 
domestic Extra Services available on a package containing hazardous 
materials. The Postal Service proposes to provide a unique STC for each 
product without an Extra Service (which would include basic USPS 
``tracking provided'' as a built-in feature of these products), with 
purchases of insurance less than or equal to $500, with purchases of 
insurance over $500, with Signature Requested for Priority Mail 
Express, and with the required use of Adult Signature over 21 for 
Priority Mail Express and Priority Mail shipments of tobacco/Electronic 
Nicotine Delivery System (ENDS) products.
    5. Specify five unique STCs for Priority Mail Express[supreg] 
shipments to identify packages where the mailer is requesting a 
signature waiver, requiring a signature, Adult Signature over 21 (when 
shipping tobacco/ENDS products via PME and PM), purchasing insurance 
less than or equal to $500, or purchasing insurance over $500.
    6. Specify three unique STCs to explicitly identify Division 6.2, 
Infectious Substances, returned through the Postal Service network 
using any USPS Return Service product.
    7. Provide unique Extra Service Codes (ESC) to identify categories 
of hazardous materials with specific relevance to segregation, 
handling, and identification in the Postal Service network.
    8. Encourage adoption of the Postal Service's recommendation to add 
two (2) supplemental GS1-DataMatrix (2D) IMpbs to shipping labels to 
improve package visibility; one in the address block to the left of the 
Delivery Address and one in the lower right corner of the shipping 
label.
    9. Provide for the optional use of hazardous materials electronic 
indicators from the date of publication of the final rule until January 
21, 2023, and, if the final rule is adopted, to require their use by 
April 30, 2023.

Overview

    Due to the rapid expansion of eCommerce, the United States Postal 
Service[supreg] (Postal Service[supreg]) has encountered a significant 
increase in the number of hazardous material shipments being entered 
into the mailstream. Materials such as lithium batteries, flammable 
liquids, flammable gases, non-flammable compressed gases, and corrosive 
cleaning solutions that were typically purchased through brick-and-
mortar establishments are now routinely being purchased online and 
shipped to their destination. This increase in hazardous material 
volume has brought with it a proportional increase in instances of 
improper labelling and packaging, use of ineligible shipping services, 
and an increase in safety related incidents in Postal Service 
facilities. These incidents have increased risks to Postal Service 
employees, customers, and business suppliers, especially risks related 
to personal safety/property damage, and resulted in millions of dollars 
in losses.
    The Postal Service relies heavily on commercial cargo and passenger 
aircraft to transport mail in circumstances where the use of ground 
transportation is insufficient to meet its service standards or is 
otherwise operationally or financially impracticable. With regard to 
the transportation of hazardous materials, commercial air carriers 
observe requirements promulgated by the Federal Aviation Administration 
(FAA), and the International Civil Aviation Organization (ICAO).
    In accordance with FAA regulations, commercial air carriers are 
required to develop and maintain a Safety Management System (SMS). In 
applying the safety risk management concept of their respective SMS, 
air carriers conduct a systemic analysis to identify hazards and then 
develop and maintain processes to analyze the safety risks associated 
with the hazards identified. This process requires air carriers to 
acquire data with respect to their operations, products, and services, 
to monitor the safety performance of their operations, and to conduct 
and update their risk assessments. Previously, the Postal Service 
tendered mail, including packages containing both non-hazardous and 
marked hazardous materials, to its contracted air carriers in sacks. 
Due to the ``sacking'' of marked hazardous materials from the Postal 
Service, air carriers were often unaware of the specific marked 
hazardous materials they were accepting and transporting. Without this 
information, air carriers were unable to accurately define and address 
the risks associated with the mail. To address these issues, and 
several others related to hazardous materials shipments, the Postal 
Service promulgated an interim final rule specifying that mailers must 
separate hazardous materials from other mail when tendering to the 
Postal Service. 87 FR 34197. In a separate final rule being published 
today, the Postal Service promulgated as a final rule the changes to 
Pub 52, with some alterations from the interim final rule. The current 
proposal complements the effective implementation of both the interim 
final rule and the more recent final rule, but also is part of a 
broader effort to increase safety and security when hazardous materials 
are transported through the mail.

Proposal

    To enhance its ability to make knowledgeable decisions regarding 
the handling and disposition of hazardous materials shipments in its 
networks and better leverage the use of operational processes to 
properly segregate and tender these items, the Postal Service proposes 
to require mailers to identify and categorize their hazardous materials 
shipments through the use of specified electronic indicators.
    The Postal Service expects to use these indicators to capture 
details about the categories, volume, and weight of the hazardous 
materials contained in packages tendered to its contracted 
transportation providers, which would ensure that both the Postal 
Service and its contracted transportation providers have the required 
information to be able to handle these packages in a safe and 
operationally efficient manner. These HAZMAT-specific indicators will 
be required regardless of whether the mailpieces are entered at origin 
or in connection with destination entry.
    The Postal Service has enhanced its operational capability to 
provide piece-level tracking and visibility through the use of the 
Intelligent Mail Package Barcodes (IMpb[supreg]). These barcodes can be 
scanned by automated processing equipment and Intelligent Mail scanning 
devices. Today, mailers are required to encode certain information into 
the barcode structure of the IMpb through the use of STCs and to encode 
additional information into a USPS-Approved SSF/SPEF through the use of 
Extra Service Codes (ESCs). As part of current procedures under Postal 
Service Publication 199, mailers tendering commercial packages to the 
Postal Service are required to accurately encode their IMpb barcodes 
for each package and supply the Postal Service with a complete SSF/SPEF 
when entering their packages into the Postal Service's network.
    The Postal Service is committed to improving package visibility by 
increasing the volume and quality of scan data that is collected within 
its processing environment. Extreme curvature, fold-overs, and creased

[[Page 73512]]

shipping labels on soft packs and irregularly shaped parcels often 
distort the current/traditional one-dimensional GS1-128 IMpb barcode to 
an extent that the barcode becomes unreadable resulting in no-reads. 
This reduces overall package visibility to the customer and may require 
that the piece be re-run or manually sorted. In an effort to improve 
processing efficiency and improve package visibility, the Postal 
Service will recommend adding two (2) supplemental GS1-DataMatrix (2D) 
IMpbs to shipping labels: one in the address block to the left of the 
Delivery Address and the other in the lower right corner of the 
shipping label. The Postal Service may require this practice in the 
future. For more information on the GS1-DataMatrix (2D) IMpbs, mailers 
can view GS1 (2D) information and find barcode specifications at: 
https://www.gs1.org/docs/barcodes/GS1_DataMatrix_Guideline.pdf and 
https://postalpro.usps.com/shipping/impb/2d-impb-guide.
    As a related matter, the Postal Service proposes to amend the 
Mailing Standards of the United States Postal Service Domestic Mail 
Manual (DMM) that would alter the refund eligibility of Priority Mail 
Express containing hazardous materials. Given that shipments containing 
HAZMAT may have to be processed differently than if they did not 
contain HAZMAT. As a result, the Postal Service proposes that refunds 
for domestic Priority Mail Express would not be available for shipments 
containing live animals or hazardous materials and the item is 
delivered or delivery was attempted within 3 days of the date of 
mailing.

Restriction of Extra Services

    The Postal Service proposes to restrict the Extra Service options 
available for shipments of regulated hazardous materials, including 
restrictions on Adult Signature over 21 (used when regulations require 
restricted delivery to adults aged 21 years and older for tobacco and 
ENDS shipments), insurance over and under $500 for most mail classes or 
products, and insurance over and under $500 in addition to waiver of 
signature for Priority Mail Express. The Postal Service is proposing 
these additional restrictions to reduce the complexity for mailers 
complying with the requirements in this Federal Register Notice. The 
Postal Service expects the demand for the variety of Extra Services 
covered under this proposed restriction to be low enough for shippers 
of hazardous materials to generally be of minor concern.

PC Postage, eVS, USPS Ship, and ePostage Users or Users of USPS-
Generated Labels (USPS APIs, WebTools, Click-n-Ship, MRA)

    The generation of the flight-specific air carrier manifests and the 
other operational enhancements proposed in this Federal Register Notice 
would be possible only when the information is included in a mailer's 
SSF/SPEF and is made available to all Postal Service systems in a 
timely fashion. It is for this reason that the Postal Service is 
proposing to require impacted mailers to transmit an approved SSF/SPEF 
before, or concurrent with, the physical tendering of regulated 
hazardous materials shipments to the Postal Service regardless of the 
postage payment method used. In addition to the other postage payment 
methods, this requirement would extend to mailers using electronic 
payment systems (PC Postage, eVS, ePostage, or USPS Ship). 
Additionally, any mailer using a USPS generated label (including but 
not limited to USPS API, WebTools, Click-n-Ship, or Merchant Returns 
Application) would indicate before label generation that the shipment 
includes hazardous materials.

Legacy Postal Meters and Hard Copy Mailers

    To ensure electronic information for all hazardous materials 
shipments is available and provided to the Postal Service concurrent 
with the induction of each shipment into the Postal Service's network, 
the Postal Service proposes to restrict shipments of hazardous 
materials from mailers using postage meters not capable of 
electronically transmitting transactional data to the Postal Service, 
mailers submitting paper postage statements, and any other mailers who 
may still be using legacy package barcodes. The Postal Service urges 
these mailers to transition to newer systems or to bring their 
hazardous materials to a Postal Service retail unit for induction.

Service Type Codes and Extra Service Codes for Hazardous Materials

    The Postal Service proposes to specify six unique required STCs and 
an optional sixteen STCs to correspond with each product and extra 
service used to identify the hazardous materials contained in domestic 
originating shipments via Priority Mail Service, First-Class Package 
Service[supreg], Parcel Select, Parcel Select Lightweight, and USPS 
Retail Ground Service. The optional STCs would provide a unique STC for 
each product without an Extra Service, requests for insurance less than 
or equal to $500, requests for insurance over $500, Signature Requested 
for Priority Mail Express, and Adult Signature over 21 for Priority 
Mail Express and Priority Mail. The Postal Service also proposes to 
specify eight unique required STCs and an optional six STCs to reflect 
the product and extra service used, each to correspond to hazardous 
materials return shipments via Priority Mail Return Service, First-
Class Package Return Service[supreg], Parcel Return Service, and USPS 
Ground Return Service. The eight required STCs specify unique STCs for 
each product, and specify unique STCs to explicitly identify Division 
6.2, Infectious Substances, while the optional STCs would correspond to 
the Extra Service options described above for domestic shipments 
returned through the Postal Service network using each of these return 
services. The Postal Service proposes unique STCs to identify Division 
6.2, Infectious Substances, because hazardous materials in this 
category are the most commonly shipped hazardous materials through the 
Postal Service network via a return service. Additional visibility into 
these shipments would be beneficial to the Postal Service reducing 
incidents related to the mailing of hazardous materials.
    The Postal Service proposes to provide unique ESCs to identify 
specified categories of hazardous materials with specific relevance to 
segregation, handling, and identification in Postal Service networks. 
The Postal Service plans to specify approximately 23 ESCs, each to 
identify a category of hazardous materials that is associated with 
specific restrictions, packaging, and markings requirements, and for 
some ESCs, restrictions in air transportation. Included among the 
proposed categories to be assigned with a specific ESC, and intended 
for air transportation are:

 Air Eligible Consumer Commodity/Limited Quantity
 Air-eligible Ethanol
 Excepted Quantity
 Division 5.1, Oxidizer
 Division 5.2, Organic Peroxide
 Division 6.1, Toxic Material (Packaging Instruction 6B)
 Class 8, Corrosive
 Class 8, Nonspillable battery
 Class 9, Dry Ice
 Class 9, Magnetized Material
 Class 9, Lithium Battery (marked)
 Class 9, Lithium Battery (unmarked)

    The Postal Service has also specified one proposed ESC to indicate 
a shipment with hazardous materials to be used when requesting a USPS

[[Page 73513]]

generated label from USPS APIs or WebTools. Additionally, the Postal 
Service has specified proposed ESCs to correspond with categories of 
hazardous materials shipments intended for ground transportation, which 
will be available in Appendix G of Pub 52.
    The Postal Service expects to have these STCs and ESCs available 
for optional use by mailers before the end of the 2022 calendar year. 
If the final rule is adopted, the Postal Service intends to require STC 
adoption by April 30, 2023. The use of ESCs in domestic mail and GS1 
DotMatrix (2D) barcodes would remain optional for mailers for the 
foreseeable future. The use of the appropriate STC and ESC is 
contingent upon the mailability of the hazardous material. Mailers must 
adhere to the packaging instructions in Pub 52 for specific hazardous 
materials being shipped in order to assess mailability prior to 
finalizing the shipment.

International Shipments

    Tracking numbers for international packages include the use of an 
IMpb and would not have unique STCs for hazardous materials. However, 
international mailpieces containing hazardous materials/Dangerous Goods 
(DG) ((DG) is an international term used to identify hazardous 
materials) would be required to utilize the appropriate ESC for the 
category of hazardous materials/DG in the SSF/SPEF used by the mailer 
and transmitted to the Postal Service. The Postal Service proposes to 
require mailers to include the hazardous materials/DG ESC applicable to 
the category of material being shipped. In accordance with Mailing 
Standards of the United States Postal Service, International Mail 
Manual (IMM[supreg]) part 135, only three categories of hazardous 
materials/DG are permitted in international mail. Hazardous materials/
DG permitted in international mail are restricted to specified subsets 
of the following DG classes:

 Division 6.2, Infectious Substances (permitted only by 
authorization from Product Classification, USPS[supreg] Headquarters)
 Class 7, Radioactive Materials
 Class 9, Lithium Batteries installed in equipment (unmarked)

    The Postal Service would provide access to the ESCs applicable to 
these hazardous materials categories for use with international mail.

Systems Enhancements

    To provide greater visibility into the quantities, weights, and 
categories of hazardous materials being tendered to the Postal 
Service's contracted air carriers, the Postal Service plans to use the 
data from the STCs and ESCs to improve its identification of hazardous 
materials/DG shipments, ensure proper assignment of these shipments to 
the proper mode of transportation, acquire better data on what 
hazardous materials/DG are transiting its system, and provide increased 
safety to customer, employees, contractors, and shippers.
    These electronic indicators would also provide Postal Service 
operations personnel with the ability to identify packages containing 
hazardous materials/DG and the categories under which they fall. This 
additional information would allow the Postal Service to separate or 
handle such hazardous materials/DG packages as necessary to meet 
operational requirements and allow Postal Service operations to affix, 
when necessary, the applicable markings to a postal receptacle 
containing hazardous materials/DG.

Enforcement

    If this proposal is adopted, the United States Postal Inspection 
Service[supreg] (USPIS[supreg]) expects universal compliance by mailers 
following a reasonable period of time to communicate the new 
requirements to mailers and postage payment providers, and for them to 
make the necessary changes to their systems. Following the 
implementation period, USPIS[supreg] intends to enforce these new 
requirements using its civil penalty authority under 39 U.S.C. 3018 
and/or 39 CFR 233.12(f).
    The Postal Service is revising the Priority Mail Express refund 
policy in DMM subsection 604.9.5.5 to not allow a refund if the 
shipment contains hazardous materials and was delivered or delivery was 
attempted within 3 days of the date of mailing.
    Although exempt from the notice and comment requirements of the 
Administrative Procedure Act (5 U.S.C. 553(b), (c)) regarding proposed 
rulemaking by 39 U.S.C. 410(a), the Postal Service invites public 
comment on the following proposed revisions 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.
    We will publish an appropriate amendment to 39 CFR part 111 to 
reflect these changes.
    The Postal Service also proposes to adopt the following changes to 
Publication 52, Hazardous, Restricted, and Perishable Mail, 
incorporated by reference into the DMM, section 601.8.1, which is 
further incorporated by reference in the Code of Federal Regulations. 
39 CFR 111.1, 111.3. Publication 52 is also a regulation of the Postal 
Service, changes to which may be published in the Federal Register. 39 
CFR 211.2(a).

List of Subjects in 39 CFR Part 111

    Administrative practice and procedure, Postal Service.

    Accordingly, 39 CFR part 111 is proposed to be 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

* * * * *

604 Postage Payment Methods and Refunds

* * * * *

9.0 Exchanges and Refunds

* * * * *

9.5 Priority Mail Express Postage and Fees Refunds

* * * * *

9.5.5 Refunds Not Given

    Postage will not be refunded if the guaranteed service was not 
provided due to any of the following circumstances:
* * * * *
    [Revise the text of item g to read as follows:]
    g. The shipment contained live animals or hazardous materials and 
was delivered or delivery was attempted within 3 days of the date of 
mailing.
* * * * *
0
3. Revise Publication 52 as follows:

Publication 52, Hazardous, Restricted and Perishable Mail

* * * * *

3 Hazardous Materials

* * * * *

[[Page 73514]]

32 General

* * * * *

323 Mailer Responsibility

    [Add new sections 323.1, 323.2, 323.3 and 323.4 to read as 
follows:]

323.1 Electronic Service Type and Extra Service Codes

    Mailers tendering packages containing hazardous materials to the 
Postal Service must use a unique Service Type Code (STC) for domestic 
outbound and return packages that correspond to the appropriate product 
being shipped (i.e., Priority Mail[supreg], First-Class Package 
Service[supreg], Parcel Select[supreg], Parcel Select 
Lightweight[supreg], and USPS Retail Ground[supreg]). The STC is 
required regardless of whether the mailpieces are entered at origin or 
for destination entry. If purchasing an eligible extra service, mailers 
must use the STC indicating the product and extra service in 
conjunction with the appropriate Extra Service Code (ESC). Extra 
services permitted with hazardous materials mailings are:

a. Adult Signature
b. Insurance less than or equal to $500
c. Insurance over $500
d. Signature Requested for Priority Mail Express
e. Adult Signature over 21 for Priority Mail Express (tobacco/
Electronic Nicotine Delivery System (ENDS) products)
f. Adult Signature over 21 for Priority Mail (ENDS products)

    A list of HAZMAT STCs and ESCs can be found in Appendix G and Pub 
199.

323.2 Additional GS1 DotMatrix (2D) IMpb

    In addition to including the appropriate STC in the one-dimensional 
GS1-128 IMpb barcode on the address label, the Postal Service 
recommends adding two (2) supplemental GS1-DataMatrix (2D) IMpbs to 
shipping labels. One in the address block to the left of the Delivery 
Address and one in the lower right corner of the shipping label.

    Note:  while currently this is a recommended practice, the 
Postal Service may undertake to make this requirement mandatory in 
the future. For more information on the GS1-DataMatrix (2D) IMpbs, 
mailers can view GS1 (2D) information and find barcode 
specifications at: https://www.gs1.org/docs/barcodes/GS1_DataMatrix_Guideline.pdf and https://postalpro.usps.com/shipping/impb/2d-impb-guide.

323.3 Shipping Service File

    Mailers shipping hazardous materials domestically utilizing PC 
Postage, eVS, USPS Ship, and/or ePostage platforms must incorporate the 
applicable Service Type Code (STC) and/or Extra Service Code (ESC) 
found in Appendix G and Pub 199 and transmit a Shipping Services File 
(SSF), Version 1.7 or higher, or Shipping Partner Event File (SPEF), 
using Version 5.0 or higher, to the Postal Service before, or 
concurrent with the tendering of any hazardous materials shipments.

323.4 Legacy Postage and Hard Copy Postage Statements

    Mailers using legacy postage meters or hard copy postage forms must 
present hazardous materials mailings to a Postal Service retail unit 
for acceptance.

323.5 USPS Generated Shipping Labels

    Mailers using a label generated by the USPS (including but not 
limited to USPS APIs, WebTools, Click-n-Ship, or Merchant Returns 
Application) must indicate whether the shipment contains hazardous 
materials at the time of label generation.
* * * * *

327 Transportation Requirements

327.1 General

    [Revise the last sentence in bullet b. to read as follows:]
    b. * * *A mailpiece containing mailable hazardous materials with 
postage paid at Marketing Mail, USPS Retail Ground, Parcel Select, or 
Package Service prices must not, under any circumstances, be 
transported on air transportation. This excludes those ZIP Codes that 
are only serviced by air transportation. See Appendix F for ZIP Codes 
serviced by air transportation only.
* * * * *

6 International Mail

62 Hazardous Materials: International Mail

621 General Requirements

* * * * *
    [Add new section 621.5 to read as follows:]

621.5 Extra Service Codes and Shipping Service Files

    Mailers shipping dangerous goods internationally, including to APO/
FPO/DPO destinations utilizing PC Postage, eVS, USPS Ship, and ePostage 
platforms, must incorporate the applicable Extra Service Code (ESC) 
found in Appendix G and Pub 199 and transmit a Shipping Services File 
(SSF), Version 1.7 or higher, or Shipping Partner Event File (SPEF), 
using Version 5.0 or higher, to the Postal Service before, or 
concurrent with, the tendering of any dangerous goods shipments.
* * * * *
    [Add new Appendix G to read as follows:]

Appendix G

Hazardous Materials Service Type Codes (STCs) and Extra Service Codes 
(ESCs)

    This appendix contains a complete list of the required and optional 
STCs and ESCs when shipping hazardous materials and/or dangerous goods. 
If an optional STC is selected, then a corresponding ESC must be used. 
See 323 and 621.5.

STCs Domestic Outbound (Required)

    The following STCs are required when shipping domestic hazardous 
materials, unless an STC from the ``Optional'' table is used in 
combination with the applicable ESC. ESCs are not required and are 
optional when using an STC from the following list.

------------------------------------------------------------------------
 
------------------------------------------------------------------------
760..........................  Priority Mail Express Signature Waived--
                                Hazardous Materials.
116..........................  Priority Mail USPS Tracking--Hazardous
                                Materials.
184..........................  First-Class Package Service USPS
                                Tracking--Hazardous Materials.
395..........................  Parcel Select USPS Tracking--Hazardous
                                Materials.
785..........................  Parcel Select Lightweight USPS Tracking--
                                Hazardous Materials.
362..........................  USPS Retail Ground USPS Tracking--
                                Hazardous Materials.
------------------------------------------------------------------------


[[Page 73515]]

STCs Domestic Outbound (Optional)

    The following STCs are optional and are allowed to be used when 
shipping domestic hazardous materials if the use of the applicable 
Extra Service is needed.

------------------------------------------------------------------------
 
------------------------------------------------------------------------
678..........................  PRS Insurance > $500--Hazardous
                                Materials.
761..........................  Priority Mail Express Signature
                                Requested--Hazardous Materials.
762..........................  Priority Mail Express Add Insurance <=
                                $500--Hazardous Materials.
763..........................  Priority Mail Express Insurance > $500
                                Restricted Delivery--Hazardous
                                Materials.
764..........................  Priority Mail Express Adult Signature
                                Over 21--Hazardous Materials.
120..........................  Priority Mail Insurance <= $500--
                                Hazardous Materials.
323..........................  Priority Mail Insurance > $500--Hazardous
                                Materials.
075..........................  Priority Mail Adult Signature Over 21--
                                Hazardous Materials.
185..........................  First-Class Package Service Insurance <=
                                $500--Hazardous Materials.
186..........................  First-Class Package Service Insurance >
                                $500--Hazardous Materials.
483..........................  Parcel Select Insurance <= $500--
                                Hazardous Materials.
628..........................  Parcel Select Insurance > $500--Hazardous
                                Materials.
786..........................  Parcel Select Lightweight Insurance <=
                                $500--Hazardous Materials.
787..........................  Parcel Select Lightweight Insurance >
                                500--Hazardous Materials.
363..........................  USPS Retail Ground Insurance <= $500--
                                Hazardous Materials.
365..........................  USPS Retail Ground Insurance > $500--
                                Hazardous Materials.
------------------------------------------------------------------------

STCs Domestic Returns (Required)

    The following STCs for domestic hazardous materials returns 
packages are required, unless an STC from the ``Optional'' list is used 
in conjunction with the applicable ESC. ESCs are not required and are 
optional when using an STC from the following list.

------------------------------------------------------------------------
 
------------------------------------------------------------------------
676..........................  PRS--Hazardous Materials.
187..........................  First-Class Package Return Service--
                                Hazardous Materials.
385..........................  Ground Return Service--Hazardous
                                Materials.
037..........................  Priority Mail Return Service--Hazardous
                                Materials.
217..........................  First-Class Package Return Service--
                                Division 6.2 Hazardous Materials.
218..........................  Ground Return Service--Division 6.2
                                Hazardous Materials.
219..........................  Priority Mail Return Service--Division
                                6.2 Hazardous Materials.
859..........................  PRS: HAZMAT--Division 6.2 Hazardous
                                Materials.
------------------------------------------------------------------------

STCs Domestic Returns (Optional)

    The following STCs are optional for domestic hazardous materials 
returns packages if the use of the applicable Extra Service is needed.

------------------------------------------------------------------------
 
------------------------------------------------------------------------
190..........................  First-Class Package Return Service
                                Insurance <= $500--Hazardous Materials.
191..........................  First-Class Package Return Service
                                Insurance > $500--Hazardous Materials.
388..........................  Ground Return Service Insurance <= $500--
                                Hazardous Materials.
399..........................  Ground Return Service Insurance > $500--
                                Hazardous Materials.
515..........................  Priority Mail Return Service Insurance <=
                                $500--Hazardous Materials.
517..........................  Priority Mail Return Service Insurance >
                                $500--Hazardous Materials.
------------------------------------------------------------------------

ESCs Domestic (Optional)

    The following is a list of ESCs that may be used in conjunction 
with a required STC if the mailer chooses.

------------------------------------------------------------------------
 
------------------------------------------------------------------------
810..........................  Air Eligible Ethanol Package.
811..........................  Class 1--Toy Propellant/Safety Fuse
                                Package.
812..........................  Hazardous Materials Class 3--Package.
813..........................  Class 7--Radioactive Materials Package.
814..........................  Class 8--Corrosive Materials Package.
815..........................  Class 8--Nonspillable Wet Battery
                                Package.
816..........................  Class 9--Lithium Battery Marked--Ground
                                Only Package.
817..........................  Class 9--Lithium Battery--Returns
                                Package.
818..........................  Class 9--Lithium batteries, marked
                                package.
819..........................  Class 9--Dry Ice Package.
820..........................  Class 9--Lithium batteries, unmarked
                                package.
821..........................  Class 9--Magnetized Materials Package.
822..........................  Division 4.1--Mailable flammable solids
                                and Safety Matches Package.
823..........................  Division 5.1--Oxidizers Package.
824..........................  Division 5.2--Organic Peroxides Package.
825..........................  Division 6.1--Toxic Materials Package
                                (with an LD50 of 50 mg/kg or less).
826..........................  Division 6.2 Hazardous Materials.

[[Page 73516]]

 
827..........................  Excepted Quantity Provision Package.
828..........................  Ground Only Hazardous Materials.
829..........................  ID8000 Consumer Commodity Package.
830..........................  Lighters Package.
831..........................  LTD QTY Ground Package.
832..........................  Small Quantity Provision Package.
------------------------------------------------------------------------

ESCs Domestic & APO/FPO/DPO (Requesting Label From USPS APIs or 
WebTools) (Required)

    The following is an ESC that must be provided if requesting a USPS 
created label from USPS APIs or WebTools for a shipment containing 
hazardous materials.

------------------------------------------------------------------------
 
------------------------------------------------------------------------
857..............................  Hazardous Materials.
------------------------------------------------------------------------

ESCs International (Required)

    The following is a list of ESCs required for use in the mailers 
Shipping Service File, when tendering dangerous goods internationally 
with the Postal Service.

------------------------------------------------------------------------
 
------------------------------------------------------------------------
813..............................  Class 7--Radioactive Materials
                                    Package.
820..............................  Class 9--Lithium batteries, unmarked
                                    package.
826..............................  Division 6.2 Hazardous Materials.
------------------------------------------------------------------------

* * * * *

Sarah Sullivan,
Attorney, Ethics & Legal Compliance.
[FR Doc. 2022-26072 Filed 11-25-22; 11:15 am]
BILLING CODE P


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