Electronic Indicators for the Mailing of Hazardous Materials, 73510-73516 [2022-26072]
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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.
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(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.
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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:
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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
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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
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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
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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
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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.
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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.
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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
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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
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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.
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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
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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)
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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
*
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*
*
*
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
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3
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*
Hazardous Materials
*
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General
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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.
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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
................................
................................
................................
................................
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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.
*
*
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*
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.
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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.
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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
................................
................................
................................
................................
................................
................................
................................
................................
................................
................................
................................
................................
................................
................................
................................
................................
................................
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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.
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828
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830
831
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Federal Register / Vol. 87, No. 229 / Wednesday, November 30, 2022 / Proposed Rules
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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.
*
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*
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
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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
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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]
=======================================================================
-----------------------------------------------------------------------
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