New Mailing Standards for Hazardous Materials Outer Packaging and Nonregulated Toxic Materials, 86868-86870 [2023-27643]
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ddrumheller on DSK120RN23PROD with PROPOSALS1
86868
Federal Register / Vol. 88, No. 240 / Friday, December 15, 2023 / Proposed Rules
99.5 percent neodymium oxide by mass;
or
(iii) Purified to a minimum purity of
99.9 percent neodymium by mass.
(19) Nickel. The term nickel means
nickel that is—
(i) Converted to nickel sulphate; or
(ii) Purified to a minimum purity of
99 percent nickel by mass.
(20) Niobium. The term niobium
means niobium that is—
(i) Converted to ferronibium; or
(ii) Purified to a minimum purity of
99 percent niobium by mass.
(21) Tellurium. The term tellurium
means tellurium that is—
(i) Converted to cadmium telluride; or
(ii) Purified to a minimum purity of
99 percent tellurium by mass.
(22) Tin. The term tin means tin that
purified to low alpha emitting tin that—
(i) Has a purity of greater than 99.99
percent by mass; and
(ii) Possesses an alpha emission rate
of not greater than 0.01 counts per hour
per centimeter square.
(23) Tungsten. The term tungsten
means tungsten that is converted to
ammonium paratungstate or
ferrotungsten.
(24) Vanadium. The term vanadium
means vanadium that is converted to
ferrovanadium or vanadium pentoxide.
(25) Yttrium. The term yttrium means
yttrium that is—
(i) Converted to yttrium oxide that is
purified to a minimum purity of 99.999
percent yttrium oxide by mass; or
(ii) Purified to a minimum purity of
99.9 percent yttrium by mass.
(26) Other minerals. The following
minerals are also applicable critical
minerals provided that such mineral is
purified to a minimum purity of 99
percent by mass:
(i) Arsenic.
(ii) Bismuth.
(iii) Erbium.
(iv) Gallium.
(v) Hafnium.
(vi) Holmium.
(vii) Iridium.
(viii) Lanthanum.
(ix) Lutetium.
(x) Magnesium.
(xi) Palladium.
(xii) Platium.
(xiii) Praseodymium.
(xiv) Rhodium.
(xv) Rubidium.
(xvi) Ruthemium.
(xvii) Samarium.
(xviii) Scandium.
(xix) Tantalum.
(xx) Terbium.
(xxi) Thulium.
(xxii) Titanium.
(xxiii) Ytterbium.
(xxiv) Zinc.
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(xxv) Zirconium.
(c) Credit amount—(1) In general. For
any applicable critical mineral, the
credit amount is equal to 10 percent of
the costs incurred by the taxpayer with
respect to production of such mineral.
(2) Production processes for
applicable critical minerals—(i)
Conversion. For purposes of section
45X, the term conversion means a
chemical transformation from one
species to another.
(ii) Purification. For purposes of
section 45X, the term purification
means increasing the mass fraction of a
certain element.
(3) Production costs incurred. Costs
incurred by the taxpayer with respect to
the production of applicable critical
minerals includes all costs as defined in
§ 1.263A–1(e) that are paid or incurred
within the meaning of section 461 of the
Code by the taxpayer for the production
of an applicable critical mineral only,
except direct or indirect materials costs
as defined in § 1.263A–1(e)(2)(i)(A) and
(e)(3)(ii)(E), respectively, and any costs
related to the extraction of raw
materials. Section 263A of the Code and
the regulations in this chapter under
section 263A apply solely to identify the
types of costs that are includible in
production costs incurred for purposes
of computing the amount of the section
45X credit, but do not apply for any
other purpose, such as to determine
whether a taxpayer is engaged in
production activities.
(4) Substantiation. The taxpayer must
document that an applicable critical
mineral meets the requirements of
section 45X(c)(6) with a certificate of
analysis provided by the taxpayer to the
person to which the taxpayer sold the
applicable critical mineral.
(d) Severability. The provisions of this
section are separate and severable from
one another. If any provision of this
section is stayed or determined to be
invalid, it is the agencies’ intention that
the remaining provisions shall continue
in effect.
(e) Applicability date. This section
applies to eligible components for
which production is completed and
sales occur after December 31, 2022, and
during a taxable year ending on or after
[date of publication of the final
regulations in the Federal Register].
Douglas W. O’Donnell,
Deputy Commissioner for Services and
Enforcement.
[FR Doc. 2023–27498 Filed 12–14–23; 8:45 am]
BILLING CODE 4830–01–P
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POSTAL SERVICE
39 CFR Part 111
New Mailing Standards for Hazardous
Materials Outer Packaging and
Nonregulated Toxic Materials
Postal ServiceTM.
Proposed rule.
AGENCY:
ACTION:
The Postal Service is
proposing to amend Publication 52,
Hazardous, Restricted, and Perishable
Mail (Pub 52) by requiring specific outer
packaging strength standards when
mailing hazardous materials or
dangerous goods and remove quantity
restrictions for nonregulated toxic
materials. Additionally, the Postal
Service proposes to allow mailers to use
poly or padded bags as outer packaging
for shipments containing lithium
batteries installed in the equipment they
operate if the shipment does not display
hazardous text, markings or labels as
permitted in sections 349 and 622.
DATES: Submit comments on or before
January 16, 2024.
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 ‘‘New Mailing Standards
for Hazardous Materials Outer
Packaging and Nonregulated Toxic
Materials.’’ Faxed comments will not be
accepted.
You may inspect and photocopy all
written comments, by appointment
only, at USPS® Headquarters Library,
475 L’Enfant Plaza SW, 11th Floor
North, Washington, DC 20260. These
records are generally available for
review Monday through Friday, 8 a.m.
to 4 p.m., by calling 202–268–2906.
FOR FURTHER INFORMATION CONTACT: Dale
Kennedy, (202) 268–6592, or Jennifer
Cox, (202) 268–2108.
SUPPLEMENTARY INFORMATION: 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.
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).
SUMMARY:
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Federal Register / Vol. 88, No. 240 / Friday, December 15, 2023 / Proposed Rules
ddrumheller on DSK120RN23PROD with PROPOSALS1
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.
Proposal
Except as otherwise specified, the
Postal Service proposes to require
mailers shipping hazardous materials
(HAZMAT) or dangerous goods (DG) to
utilize rigid outer packaging that meets
minimum edge crush test requirements
as part of its ongoing efforts to improve
safety within the Postal Service
network. The Postal Service is
proposing these requirements to
increase the capability of packages to
withstand normal processing and
handling from induction to delivery
point while reducing potential
HAZMAT or DG incidents.
Additionally, the Postal Service
proposes to allow mailers to use padded
or poly bags as outer packaging for
shipments containing lithium batteries
installed in the equipment they operate
that do not display hazardous text,
marks or labels as permitted in sections
349.221a6, 622.51f and 622.52g, but
only when packed in an inner container
that can withstand a 1.7-meter drop test.
Currently, the use of padded and poly
bags as outer packaging is permitted
only when the mailpiece contains
button cell batteries installed in the
equipment they operate.
The Postal Service is cognizant that
the existing regulations in Pub 52
pertaining to other nonregulated toxic
materials (Pub 52, section 346.232) are
more stringent than other transportation
regulatory agencies and commercial
carriers and is therefore proposing to
align its regulations with the
transportation industry. If the proposal
is adopted, the Postal Service will
amend Pub 52 to remove quantity
restrictions for nonregulated liquid and
solid toxic materials, for products such
as pesticides, insecticides and
herbicides. The Postal Service believes
this proposal will provide mailers a
clearer understanding of its rules when
shipping nonregulated toxic materials
and align its regulations with the
Pipeline and Hazardous Materials Safety
Administration (PHMSA).
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The Postal Service proposes to adopt
the following changes to Publication 52,
Hazardous, Restricted, and Perishable
Mail, incorporated by reference into
Mailing Standards of the United States
Postal Service, Domestic Mail Manual
(DMM) section 601.8.1, which is further
incorporated by reference in the Code of
Federal Regulations. Publication 52 is
also a regulation of the Postal Service,
changes to which may be published in
the Federal Register. Accordingly, for
the reasons stated in the preamble, the
Postal Service proposes to amend
Publication 52 as follows:
Publication 52, Hazardous, Restricted
and Perishable Mail
*
*
1
*
*
131 Hazardous Materials Outer
Packaging
Except as otherwise specified, rigid
outer packaging must be used for
shipments containing hazardous
materials. Outer packaging, as defined
in Appendix D, is the outer most
enclosure that holds the primary
receptacle, and if applicable, secondary
packaging, absorbent and/or cushioning
material.
When shipping hazardous materials,
the following rigid outer packaging is
required:
(a) Hazardous materials shipments
weighing 20 pounds or less, the outer
package must be 200 lb. burst test or 32edge crush test package or equivalent, at
minimum.
(b) Hazardous materials shipments
weighing more than 20 pounds, outer
packages must be 275 lb. burst test or
44-edge crush test or equivalent, at
minimum.
Lithium batteries installed in the
equipment they operate that are
permitted to be mailed under section
349, are afforded adequate protection by
that equipment, and do not display
hazardous text, markings or labels as
permitted in 349.221a6, 622.51f and
622.52g may utilize padded or poly bags
as outer packaging, provided they are
within a container that can withstand a
1.7-meter drop test before placing inside
the padded or poly bag. See
349.221.a(3).
*
*
*
*
*
Hazardous Materials
*
*
34
*
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*
*
*
Mailability by Hazard Class
*
*
*
*
Frm 00030
Fmt 4702
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*
*
*
*
*
346.232 Other Nonregulated Toxic
Materials
[Revise paragraph to read as follows:]
Liquids and solids such as pesticides,
insecticides, herbicides and irritating
material (346.11e), that are not regulated
as hazardous materials under 49 CFR
172.101 are mailable but must be
packaged in rigid outer packaging (see
131) and be able to withstand normal
transit and handling. Liquids must also
follow 451.3a.
*
*
*
*
*
*
Additional Information
[Add new section 131 to read as
follows:]
3
346 Toxic Substances and Infectious
Substances (Hazard Class 6)
349 Miscellaneous Hazardous
Materials (Hazard Class 9)
*
Introduction
13
86869
*
*
*
*
[Insert new 349.221 to read as
follows:]
349.221 Lithium Batteries
a. General. The following applies to
the mailability of all lithium batteries:
1. Each cell or battery must meet the
requirements of each test in the UN
Manual of Tests and Criteria, part III,
and subsection 38.3 as referenced in 49
CFR 171.7.
2. Lithium battery outer packaging
must be rigid (see 131), sealed and of
adequate size.
3. The use of padded or poly bags as
outer packaging is permitted only when:
a. Mailpieces contain lithium batteries
properly installed in the equipment/
product they intend to operate.
b. The batteries are afforded adequate
protection by the equipment/product,
and
c. The secondary container (e.g.,
original manufacturer packaging),
containing the equipment or product
prevents damage and accidental
activation, can retain the product
without puncture of the packaging
under normal conditions of transport
and can withstand a 1.7-meter drop test.
Button cell batteries, meeting the
classification criteria in 349.11d,
installed in the device they operate are
not required to be within a secondary
container that can withstand a 1.7-meter
drop test prior to utilizing a padded or
poly bag as outer packaging.
d. The package containing batteries
does not display hazardous materials
text, marks.
4. All outer packages must have a
complete delivery and return address.
5. Lithium battery marks are required
on mailpieces containing 5 to 8 lithium
cells installed in the equipment they
operate.
a. The marks must be applied to the
address side without being folded or
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Federal Register / Vol. 88, No. 240 / Friday, December 15, 2023 / Proposed Rules
applied in such a manner that parts of
the mark appear on different sides of the
mailpiece. See 325.1.
b. The mark must be a DOT-approved
lithium battery mark, as specified in 49
CFR 173.183(c)(3)(i) and Exhibit 325.2a.
c. The mark must include a telephone
number for those who need to obtain
additional information.
d. Lithium metal cells or batteries
must be marked with UN3090.
e. Lithium metal cells or batteries
installed in or packed with the
equipment they intend to operate must
indicate UN3091.
f. Lithium-ion cells or batteries must
be marked UN3480.
g. Lithium-ion cells or batteries
installed in or packed with the
equipment they intend to operate must
indicate UN3481.
6. Lithium battery marks are not
required on packages containing only
lithium button cell batteries, no more
than 4 lithium cells or 2 lithium
batteries installed in the equipment they
operate.
7. All used, damaged, or defective
electronic devices with lithium cells or
batteries contained in or packed with
device (excluding electronic devices
that are new in original packaging, and
manufacturer-certified new or
refurbished devices) must be marked
with the text ‘‘Restricted Electronic
Device’’ and ‘‘Surface Transportation
Only’’ on the address side of the
mailpiece.
*
*
*
*
*
[Renumber existing section 349.221 to
349.222]
ddrumheller on DSK120RN23PROD with PROPOSALS1
349.222 Lithium Metal
(Nonrechargeable) Cells and Batteries—
Domestic
[Revise item a. as follows:]
a. General. The following restrictions
apply to the mailability of all lithium
metal (or lithium alloy) cells and
batteries:
1. Each cell must contain no more
than 1.0 gram (g) of lithium content per
cell.
2. Each battery must contain no more
than 2.0 g aggregate lithium content per
battery.
*
*
*
*
*
[Renumber existing section 349.222 to
349.223]
349.223 Lithium-Ion (Rechargeable)
Cells and Batteries—Domestic
[Revise item a. as follows:]
a. General. The following additional
restrictions apply to the mailability of
all secondary lithium-ion or lithium
polymer cells and batteries:
1. The watt-hour rating must not
exceed 20 Wh per cell.
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Jkt 262001
2. The watt-hour rating must not
exceed 100 Wh per battery.
3. Each battery must bear the ‘‘Watthour’’ or ‘‘Wh’’ marking on the battery
to determine if it is within the limits
defined in items 1 and 2.
*
*
*
*
*
criteria in 349.11d, installed in the
device they operate are not required to
be within a secondary container that can
withstand a 1.7-meter drop test prior to
utilizing a padded or poly bag as outer
packaging.
*
*
*
*
*
62 Hazardous Materials: International
Mail
Appendix D
621
General Requirements
*
*
*
*
*
*
[Insert new section 621.2 and
renumber existing 621.2 through 621.4
as 621.3 through 621.5]
621.2 Outer Packaging Requirements
Except as otherwise specified, rigid
outer packaging must be used for
shipments containing dangerous goods
following the instructions in 131.
*
*
*
*
*
Appendix C
Required Packaging
Lithium Metal and Lithium-Ion
Batteries
D Lithium batteries permitted to be
mailed under section 349 that are
installed in the device they operate, are
afforded adequate protection by that
equipment, and do not display
hazardous text, markings or labels as
permitted in 349.221a6, 622.51f and
622.52g may utilize padded and poly
bags as outer packaging provided the
device is within a secondary container
that can withstand a 1.7-meter drop test.
Button cell batteries, meeting the
classification criteria in 349.11d,
installed in the device they operate are
not required to be within a secondary
container that can withstand a 1.2-meter
drop test prior to utilizing a padded or
poly bag as outer packaging.
*
*
*
*
*
USPS Packaging Instruction 9E
[Insert new second bullet in the
Required Packaging section to read as
follows:]
Required Packaging
Lithium Metal and Lithium-Ion
Batteries
D Lithium batteries installed in the
device they operate that are permitted to
be mailed under section 622.5, may
utilize padded and poly bags as outer
packaging provided the device is within
a secondary container that can
withstand a 1.7-meter drop test. Button
cell batteries, meeting the classification
Frm 00031
*
*
*
*
[Revise definition of Rigid to read as
follows:]
Rigid means unable to bend or be
forced out of shape; not flexible. Rigid
outer packaging is generally interpreted
to mean a fiberboard (cardboard) box or
outer packaging of equivalent strength,
durability, and rigidity. See 131.
*
*
*
*
*
Colleen Hibbert-Kapler,
Attorney, Ethics and Legal Compliance.
[FR Doc. 2023–27643 Filed 12–14–23; 8:45 am]
USPS Packaging Instruction 9D
[Revise third bullet in the Required
Packaging section to read as follows:]
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Hazardous Materials Definitions
Fmt 4702
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BILLING CODE 7710–12–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R09–OAR–2023–0588; FRL–11585–
01–R9]
Air Plan Revisions; California;
Sacramento Metropolitan Air Quality
Management District
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
The Environmental Protection
Agency (EPA) is proposing to approve a
revision to the Sacramento Metropolitan
Air Quality Management District
(SMAQMD) portion of the California
State Implementation Plan (SIP)
concerning a rule submitted to address
section 185 of the Clean Air Act (CAA
or the Act). We are taking comments on
this proposal and plan to follow with a
final action.
DATES: Comments must be received on
or before January 16, 2024.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R09–
OAR–2023–0588 at https://
www.regulations.gov. For comments
submitted at Regulations.gov, follow the
online instructions for submitting
comments. Once submitted, comments
cannot be edited or removed from
Regulations.gov. The EPA may publish
any comment received to its public
docket. Do not submit electronically any
information you consider to be
Confidential Business Information (CBI)
SUMMARY:
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]]>Agencies
[Federal Register Volume 88, Number 240 (Friday, December 15, 2023)]
[Proposed Rules]
[Pages 86868-86870]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-27643]
=======================================================================
-----------------------------------------------------------------------
POSTAL SERVICE
39 CFR Part 111
New Mailing Standards for Hazardous Materials Outer Packaging and
Nonregulated Toxic Materials
AGENCY: Postal ServiceTM.
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: The Postal Service is proposing to amend Publication 52,
Hazardous, Restricted, and Perishable Mail (Pub 52) by requiring
specific outer packaging strength standards when mailing hazardous
materials or dangerous goods and remove quantity restrictions for
nonregulated toxic materials. Additionally, the Postal Service proposes
to allow mailers to use poly or padded bags as outer packaging for
shipments containing lithium batteries installed in the equipment they
operate if the shipment does not display hazardous text, markings or
labels as permitted in sections 349 and 622.
DATES: Submit comments on or before January 16, 2024.
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 ``New Mailing
Standards for Hazardous Materials Outer Packaging and Nonregulated
Toxic Materials.'' Faxed comments will not be accepted.
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 generally
available for review Monday through Friday, 8 a.m. to 4 p.m., by
calling 202-268-2906.
FOR FURTHER INFORMATION CONTACT: Dale Kennedy, (202) 268-6592, or
Jennifer Cox, (202) 268-2108.
SUPPLEMENTARY INFORMATION: 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.
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).
[[Page 86869]]
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.
Proposal
Except as otherwise specified, the Postal Service proposes to
require mailers shipping hazardous materials (HAZMAT) or dangerous
goods (DG) to utilize rigid outer packaging that meets minimum edge
crush test requirements as part of its ongoing efforts to improve
safety within the Postal Service network. The Postal Service is
proposing these requirements to increase the capability of packages to
withstand normal processing and handling from induction to delivery
point while reducing potential HAZMAT or DG incidents.
Additionally, the Postal Service proposes to allow mailers to use
padded or poly bags as outer packaging for shipments containing lithium
batteries installed in the equipment they operate that do not display
hazardous text, marks or labels as permitted in sections 349.221a6,
622.51f and 622.52g, but only when packed in an inner container that
can withstand a 1.7-meter drop test. Currently, the use of padded and
poly bags as outer packaging is permitted only when the mailpiece
contains button cell batteries installed in the equipment they operate.
The Postal Service is cognizant that the existing regulations in
Pub 52 pertaining to other nonregulated toxic materials (Pub 52,
section 346.232) are more stringent than other transportation
regulatory agencies and commercial carriers and is therefore proposing
to align its regulations with the transportation industry. If the
proposal is adopted, the Postal Service will amend Pub 52 to remove
quantity restrictions for nonregulated liquid and solid toxic
materials, for products such as pesticides, insecticides and
herbicides. The Postal Service believes this proposal will provide
mailers a clearer understanding of its rules when shipping nonregulated
toxic materials and align its regulations with the Pipeline and
Hazardous Materials Safety Administration (PHMSA).
The Postal Service proposes to adopt the following changes to
Publication 52, Hazardous, Restricted, and Perishable Mail,
incorporated by reference into Mailing Standards of the United States
Postal Service, Domestic Mail Manual (DMM) section 601.8.1, which is
further incorporated by reference in the Code of Federal Regulations.
Publication 52 is also a regulation of the Postal Service, changes to
which may be published in the Federal Register. Accordingly, for the
reasons stated in the preamble, the Postal Service proposes to amend
Publication 52 as follows:
Publication 52, Hazardous, Restricted and Perishable Mail
* * * * *
1 Introduction
13 Additional Information
[Add new section 131 to read as follows:]
131 Hazardous Materials Outer Packaging
Except as otherwise specified, rigid outer packaging must be used
for shipments containing hazardous materials. Outer packaging, as
defined in Appendix D, is the outer most enclosure that holds the
primary receptacle, and if applicable, secondary packaging, absorbent
and/or cushioning material.
When shipping hazardous materials, the following rigid outer
packaging is required:
(a) Hazardous materials shipments weighing 20 pounds or less, the
outer package must be 200 lb. burst test or 32-edge crush test package
or equivalent, at minimum.
(b) Hazardous materials shipments weighing more than 20 pounds,
outer packages must be 275 lb. burst test or 44-edge crush test or
equivalent, at minimum.
Lithium batteries installed in the equipment they operate that are
permitted to be mailed under section 349, are afforded adequate
protection by that equipment, and do not display hazardous text,
markings or labels as permitted in 349.221a6, 622.51f and 622.52g may
utilize padded or poly bags as outer packaging, provided they are
within a container that can withstand a 1.7-meter drop test before
placing inside the padded or poly bag. See 349.221.a(3).
* * * * *
3 Hazardous Materials
* * * * *
34 Mailability by Hazard Class
* * * * *
346 Toxic Substances and Infectious Substances (Hazard Class 6)
* * * * *
346.232 Other Nonregulated Toxic Materials
[Revise paragraph to read as follows:]
Liquids and solids such as pesticides, insecticides, herbicides and
irritating material (346.11e), that are not regulated as hazardous
materials under 49 CFR 172.101 are mailable but must be packaged in
rigid outer packaging (see 131) and be able to withstand normal transit
and handling. Liquids must also follow 451.3a.
* * * * *
349 Miscellaneous Hazardous Materials (Hazard Class 9)
* * * * *
[Insert new 349.221 to read as follows:]
349.221 Lithium Batteries
a. General. The following applies to the mailability of all lithium
batteries:
1. Each cell or battery must meet the requirements of each test in
the UN Manual of Tests and Criteria, part III, and subsection 38.3 as
referenced in 49 CFR 171.7.
2. Lithium battery outer packaging must be rigid (see 131), sealed
and of adequate size.
3. The use of padded or poly bags as outer packaging is permitted
only when:
a. Mailpieces contain lithium batteries properly installed in the
equipment/product they intend to operate.
b. The batteries are afforded adequate protection by the equipment/
product, and
c. The secondary container (e.g., original manufacturer packaging),
containing the equipment or product prevents damage and accidental
activation, can retain the product without puncture of the packaging
under normal conditions of transport and can withstand a 1.7-meter drop
test. Button cell batteries, meeting the classification criteria in
349.11d, installed in the device they operate are not required to be
within a secondary container that can withstand a 1.7-meter drop test
prior to utilizing a padded or poly bag as outer packaging.
d. The package containing batteries does not display hazardous
materials text, marks.
4. All outer packages must have a complete delivery and return
address.
5. Lithium battery marks are required on mailpieces containing 5 to
8 lithium cells installed in the equipment they operate.
a. The marks must be applied to the address side without being
folded or
[[Page 86870]]
applied in such a manner that parts of the mark appear on different
sides of the mailpiece. See 325.1.
b. The mark must be a DOT-approved lithium battery mark, as
specified in 49 CFR 173.183(c)(3)(i) and Exhibit 325.2a.
c. The mark must include a telephone number for those who need to
obtain additional information.
d. Lithium metal cells or batteries must be marked with UN3090.
e. Lithium metal cells or batteries installed in or packed with the
equipment they intend to operate must indicate UN3091.
f. Lithium-ion cells or batteries must be marked UN3480.
g. Lithium-ion cells or batteries installed in or packed with the
equipment they intend to operate must indicate UN3481.
6. Lithium battery marks are not required on packages containing
only lithium button cell batteries, no more than 4 lithium cells or 2
lithium batteries installed in the equipment they operate.
7. All used, damaged, or defective electronic devices with lithium
cells or batteries contained in or packed with device (excluding
electronic devices that are new in original packaging, and
manufacturer-certified new or refurbished devices) must be marked with
the text ``Restricted Electronic Device'' and ``Surface Transportation
Only'' on the address side of the mailpiece.
* * * * *
[Renumber existing section 349.221 to 349.222]
349.222 Lithium Metal (Nonrechargeable) Cells and Batteries--Domestic
[Revise item a. as follows:]
a. General. The following restrictions apply to the mailability of
all lithium metal (or lithium alloy) cells and batteries:
1. Each cell must contain no more than 1.0 gram (g) of lithium
content per cell.
2. Each battery must contain no more than 2.0 g aggregate lithium
content per battery.
* * * * *
[Renumber existing section 349.222 to 349.223]
349.223 Lithium-Ion (Rechargeable) Cells and Batteries--Domestic
[Revise item a. as follows:]
a. General. The following additional restrictions apply to the
mailability of all secondary lithium-ion or lithium polymer cells and
batteries:
1. The watt-hour rating must not exceed 20 Wh per cell.
2. The watt-hour rating must not exceed 100 Wh per battery.
3. Each battery must bear the ``Watt-hour'' or ``Wh'' marking on
the battery to determine if it is within the limits defined in items 1
and 2.
* * * * *
62 Hazardous Materials: International Mail
621 General Requirements
* * * * *
[Insert new section 621.2 and renumber existing 621.2 through 621.4
as 621.3 through 621.5]
621.2 Outer Packaging Requirements
Except as otherwise specified, rigid outer packaging must be used
for shipments containing dangerous goods following the instructions in
131.
* * * * *
Appendix C
USPS Packaging Instruction 9D
[Revise third bullet in the Required Packaging section to read as
follows:]
Required Packaging
Lithium Metal and Lithium-Ion Batteries
[ssquf] Lithium batteries permitted to be mailed under section 349
that are installed in the device they operate, are afforded adequate
protection by that equipment, and do not display hazardous text,
markings or labels as permitted in 349.221a6, 622.51f and 622.52g may
utilize padded and poly bags as outer packaging provided the device is
within a secondary container that can withstand a 1.7-meter drop test.
Button cell batteries, meeting the classification criteria in 349.11d,
installed in the device they operate are not required to be within a
secondary container that can withstand a 1.2-meter drop test prior to
utilizing a padded or poly bag as outer packaging.
* * * * *
USPS Packaging Instruction 9E
[Insert new second bullet in the Required Packaging section to read
as follows:]
Required Packaging
Lithium Metal and Lithium-Ion Batteries
[ssquf] Lithium batteries installed in the device they operate that
are permitted to be mailed under section 622.5, may utilize padded and
poly bags as outer packaging provided the device is within a secondary
container that can withstand a 1.7-meter drop test. Button cell
batteries, meeting the classification criteria in 349.11d, installed in
the device they operate are not required to be within a secondary
container that can withstand a 1.7-meter drop test prior to utilizing a
padded or poly bag as outer packaging.
* * * * *
Appendix D
Hazardous Materials Definitions
* * * * *
[Revise definition of Rigid to read as follows:]
Rigid means unable to bend or be forced out of shape; not flexible.
Rigid outer packaging is generally interpreted to mean a fiberboard
(cardboard) box or outer packaging of equivalent strength, durability,
and rigidity. See 131.
* * * * *
Colleen Hibbert-Kapler,
Attorney, Ethics and Legal Compliance.
[FR Doc. 2023-27643 Filed 12-14-23; 8:45 am]
BILLING CODE 7710-12-P
