[Federal Register Volume 87, Number 108 (Monday, June 6, 2022)]
[Rules and Regulations]
[Pages 34197-34203]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-12003]
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POSTAL SERVICE
39 CFR Part 111
New Mailing Standards for the Separation of Hazardous Materials
AGENCY: Postal ServiceTM.
ACTION: Interim final rule.
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SUMMARY: The Postal Service is revising Publication 52, Hazardous,
Restricted, and Perishable Mail (Pub 52), to incorporate new
requirements for mailers to separate, into identifiable containers, all
hazardous material (HAZMAT) requiring hazardous marks or labels from
other mail when tendering to the Postal Service. The Postal Service is
also adopting related standard operating procedures for the Postal
Service's acceptance, dispatch, and mail processing personnel to
maintain the integrity of HAZMAT separation. Additionally, the Postal
Service will now require pre-owned, damaged, or defective electronic
devices containing or packed with lithium batteries to be mailed only
via surface transportation and to bear specified markings.
DATES:
Effective date: This rule is effective June 6, 2022.
Comments due date: Comments must be received on or before July 6,
2022.
ADDRESSES: Mail or deliver written comments to the Manager, Product
Classification, U.S. Postal Service, 475 L'Enfant Plaza SW, Room 4446,
Washington, DC 20260-3436. Email comments containing the name and
address of the commenter may be sent to [email protected],
with a subject line of ``New Mailing Standards for the Separation of
Hazardous Materials.'' Faxed comments are not 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. and 4 p.m. by calling 202-268-
2906.
[[Page 34198]]
FOR FURTHER INFORMATION CONTACT: Dale Kennedy, (202) 268-6592, or
Jennifer Anderson, (202) 268-2108.
SUPPLEMENTARY INFORMATION:
Background
The Postal Service hereby amends Publication 52, Hazardous,
Restricted, and Perishable Mail, 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.
Misrouted and mishandled HAZMAT can and does cause fires, spills,
corrosion, and other dangers to personnel and equipment of the Postal
Service, air carriers, and surface transportation providers, as well as
to mailers' property and to aircraft passengers.
In particular, the increasing consumer use of lithium metal and
lithium-ion batteries has brought a concomitant rise in fires and other
dangerous incidents related to such batteries. The Federal Aviation
Administration (FAA) has publicly reported 365 aviation incidents
involving lithium batteries between January 23, 2006, and May 1, 2022,
including a substantial number in just the most recent twelve months.
FAA, Events with Smoke, Fire, Extreme Heat, or Explosion Involving
Lithium Batteries, May 1, 2022, https://go.usa.gov/xusNT.\1\
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\1\ The FAA notes that the publicly reported incidents do not
represent all incidents reported to the FAA, let alone all such
incidents at large.
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The Pipeline and Hazardous Materials Safety Administration (PHMSA)
has similarly reported a number of incidents involving mail between
2014 and 2021. See PHMSA, Incident Statistics, last updated Mar. 9,
2022, https://go.usa.gov/xJrSS. One-third of the PHMSA-reported mail
incidents occurred on passenger aircraft; approximately half were
discovered because of a thermal or release event; and more than half
were discovered only after flight. A plurality of such items were Class
9 items such as lithium batteries, and many were ineligible for air
transportation. Moreover, in recent compliance inspections, PHMSA
investigators ``routinely saw shippers and carriers improperly package
and ship lithium batteries for disposal or recycling,'' including
``packaging lithium batteries in a way that did not prevent short
circuits, mixing damaged lithium batteries with other batteries in the
same packaging within shipments for disposal or recycling, and shipping
pallet loads of batteries in boxes and drums with inappropriate
identification of the packages' contents.'' PHMSA, Safety Advisory
Notice for the Disposal and Recycling of Lithium Batteries in
Commercial Transportation 1-2, May 17, 2022, https://go.usa.gov/xJY3J.
Internal Postal Inspection Service data and anecdotal reports from
commercial air-carrier partners over the last few years likewise
indicate a consistent and alarming rise in incidents involving mailed
packages of both lithium batteries and other HAZMAT, including
flammable liquids, aerosols, and strike-anywhere matches. Incidents
include unlabeled or improperly labeled air-ineligible HAZMAT being
accepted for air transportation, as well as properly prepared air-
ineligible HAZMAT that was improperly routed to air transportation
because it was commingled with other mail and insufficiently visible to
Postal Service personnel.
The FAA and PHMSA have issued standards for safe carriage of
lithium batteries, including a prohibition on air transportation of
damaged, defective, or recalled lithium batteries. See, e.g., 49 CFR
173.185. However, the determinants of hazard risk, such as damage,
defects, state of charge, or packaging of batteries, are not outwardly
apparent to Postal Service and other personnel handling packages. In
other respects as well, safety depends on a shipper's awareness of and
compliance with packaging, labeling, marking, and other HAZMAT shipping
requirements. If a shipper does not make HAZMAT adequately visible to
Postal Service personnel responsible for acceptance and sortation, then
there is an unacceptably high risk that postal and air-carrier
personnel will not know that the item warrants special handling and
routing.
While many incidents involving HAZMAT in the mail are minor and
controllable, the risk of a major threat to an aircraft--including, in
particular, passenger aircraft--and other infrastructure and personnel
is real, severe, and growing with the rise in lithium-battery and other
hazardous shipments. By way of illustration, the U.S. Coast Guard
(USCG) recently reported that on August 19, 2021, a shipping container
loaded with discarded lithium batteries caught fire, with heat intense
enough not only to destroy much of the cargo, but also to burn a hole
in the container's structure itself. USCG, Marine Safety Alert: Lithium
Battery Fire, Mar. 10, 2022, https://go.usa.gov/xJYxu. USCG noted that
the incident would have been ``catastrophic'' if it had occurred after
loading onto the container ship. The same could be said if a similar
fire arose from discarded lithium batteries aboard passenger aircraft.
It is imperative that the Postal Service undertake measures to reduce
the risk to its operations and aviation safety.
On August 3, 2020, the Postal Service published a notice of
proposed rulemaking regarding a proposed requirement to separate air-
eligible HAZMAT from all other matter in a mailing. 85 FR 46575. The
Postal Service received several comments on that notice, and it
appreciates the valuable public input. In particular, multiple
commenters expressed support for the proposition of separating HAZMAT
from non-HAZMAT matter and for further improving the Postal Service's
ability to ensure that air-ineligible HAZMAT is not inadvertently
loaded onto air transportation. Further study and intervening events
have made clear that the initial proposal would not be sufficiently
effective to mitigate the risk that HAZMAT poses to other mail; postal
and air-carrier equipment and personnel; commercial air passengers; and
the public at large. In lieu of the earlier proposal, therefore, the
Postal Service is adopting the three measures described herein and
solicits public comment on the new measures.
Summary of New Measures
In addition to preexisting packaging, labeling, and marking
requirements and other conditions for mailability, two conditions are
necessary to ensure the proper handling and routing of HAZMAT.
The first condition is visibility: The Postal Service must be aware
of HAZMAT shipments in order to accord them appropriate attention. A
HAZMAT package can easily evade postal HAZMAT processing if it is
nestled beneath non-HAZMAT packages in a bulk mail receptacle. To
address this problem, the Postal Service will require mailers tendering
a mix of HAZMAT and non-HAZMAT items to present them separately,
including in separate
[[Page 34199]]
mail receptacles with the exception of mail entered at a Destination
Delivery Unit (DDU), Destination Sectional Center Facility (DSCF) or
Destination Network Distribution Center (DNDC). In contrast with the
2020 proposed rule, customers are required to separate all HAZMAT from
non-HAZMAT, rather than only air-eligible HAZMAT, from other mail.
While visibility is important for air-eligible HAZMAT to ensure proper
handling, it is also important that surface-only HAZMAT not be
erroneously routed to air transportation due to commingling with non-
HAZMAT. Separating all HAZMAT from non-HAZMAT will reduce the
likelihood of commingling and increase the opportunity for Postal
Service personnel to determine the proper procedures for any HAZMAT
items presented.
The second condition is separation integrity: Once recognized, the
Postal Service must ensure that HAZMAT is not commingled with non-
HAZMAT, lest it be improperly handled or routed. Therefore, the Postal
Service is directing personnel to keep HAZMAT items separate from non-
HAZMAT items at all points in the mailstream.
This interim final rule also introduces specific labeling
requirements for packages containing pre-owned, damaged, or defective
electronic devices containing or packed with lithium batteries, and
bars them from eligibility for any Postal Service product that makes
routine use of air transportation. Among other things, mailings covered
by the new requirements include used items sent pursuant to e-commerce
or private sales transactions; lost items being returned to the owner;
and items sent for repair, replacement, upgrade, warranty service,
diagnostics, recycling, or insurance claims. For clarity, pre-owned
electronic devices exclude those that are in new, unopened manufacturer
packaging.
The Postal Service and its partner air carriers have identified
pre-owned, damaged, and defective electronic devices containing lithium
batteries as a particular and growing cause of lithium-battery
incidents. Indeed, damaged, defective, and recalled lithium cells and
batteries are already ineligible for air transportation. 49 CFR
173.185(f). Beyond devices with damage or defects to batteries
themselves, such devices may also have other damage or defects that
increase the chances of exposure and ignition of even an intact
battery. Moreover, such devices are highly likely to be packaged
without original packaging and have batteries in various conditions and
varying states of charge. In contrast with new electronic devices in
manufacturers' original packaging, consumers sending pre-owned,
damaged, and defective electronic devices are less likely to be aware
of HAZMAT requirements, let alone to comply with them.
As a result of these factors, lithium batteries in pre-owned,
damaged, and defective electronic devices pose a particular hazard, as
demonstrated by numerous incidents reported to the Postal Service as
involving such items. To reduce the risk of such incidents occurring on
air transportation, the Postal Service will restrict pre-owned,
damaged, and defective electronic devices containing or packaged with
lithium batteries to domestic products that use surface transportation.
Consequently, such items will be prohibited in inbound and outbound
international mail; mail to, from, and between overseas military and
diplomatic addresses; and mail to, from, and within certain domestic
locations for which the Postal Service lacks surface transportation.
Moreover, to ensure adequate visibility, the Postal Service will
require that packages containing pre-owned, damaged, and defective
electronic devices containing or packaged with lithium batteries be
marked ``Restricted Electronic Device'' and ``Surface Transportation
Only,'' in addition to any other applicable markings.
As explained in the next section, the Postal Service has decided to
implement these requirements immediately, due to the urgency of the
danger to personnel, property, passengers, and the public.
Nevertheless, the Postal Service is providing the public with a 30-day
period for submission of comments on these changes. Following the 30-
day public comment period, the Postal Service will review and consider
comments received and then publish a further final rule responding to
those comments and making any changes to this interim final rule.
Administrative Procedure Act
The Administrative Procedure Act (APA) does not ordinarily apply to
Postal Service rulemakings. 39 U.S.C. 410(a). As a rare exception to
that general rule, ``proceedings concerning the mailability of matter
under this chapter and chapters 71 and 83 of title 18'' are
extraordinarily subject to the APA. 39 U.S.C. 3001(m). Because the
measures herein merely concern acceptance requirements, available
services, and conditions of mailing for mailable matter, and do not
concern the mailability of matter itself, they do not trigger the
narrow exception for APA applicability.
Even if this notice were deemed to be subject to the APA, good
cause would exist, under 5 U.S.C. 553(b)(B), to issue the measures
through this interim final rule without prior notice and a prior
opportunity for public comment and, under 5 U.S.C. 553(d)(3), to
dispense with the delayed effective date ordinarily prescribed by the
APA. Pursuant to section 553(b)(B) of the APA, general notice and the
opportunity for public comment are not required with respect to a
rulemaking when an ``agency for good cause finds (and incorporates the
finding and a brief statement of reasons therefor in the rules issued)
that notice and public procedure thereon are impracticable,
unnecessary, or contrary to the public interest.'' The APA also
requires a 30-day delayed effective date, except, as relevant here,
``as . . . provided by the agency for good cause found and published
with the rule.'' 5 U.S.C. 553(d)(3).
The Postal Service finds that it would be impracticable and
contrary to the public interest to delay issuance of this rule for the
purpose of soliciting prior public comment because there is an
immediate and pressing need to reduce the risks that HAZMAT poses to
postal operations, supplier equipment and personnel, commercial air
passengers, and the public. As described in the sections above,
internal and public incident data and discussions with commercial air-
carrier partners indicate an alarming rise in HAZMAT-related incidents
in recent years. The rise in incidents concerns various forms of HAZMAT
posing hazards to air transportation, including lithium batteries,
flammable liquids and solids, and aerosols. As discussed in the
preceding sections of this notice, pre-owned, damaged, and defective
electronic devices containing or packaged with lithium batteries have
been associated with a particular surge in fires and other incidents
due to their compromised state, varying states of charge, lack of
original packaging, and tender by consumers less likely to be aware of
HAZMAT requirements than original equipment manufacturers and vendors.
Any delay in implementation would intolerably increase the odds of a
fire, explosion, or other catastrophic harm to personnel, property,
passengers, and the public. Thus, delaying the implementation of the
risk-mitigation measures in this interim final rule in order to receive
and consider public comment would be impracticable and
[[Page 34200]]
contrary to the public interest.\2\ Immediate mitigation of these
urgent safety risks also constitutes good cause for this interim rule
to be effective immediately upon publication.
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\2\ See Jifry v. FAA, 370 F.3d 1174, 1179 (D.C. Cir. 2004)
(upholding waiver of 5 U.S.C. 553(b)(B) based on Transportation
Security Administration's determination that it was ``necessary to
prevent a possible imminent hazard to aircraft, persons, and
property within the United States''); Hawaii Helicopter Operators
Ass'n v. FAA, 51 F.3d 212, 214 (9th Cir. 1995) (same, where interim
final rule was aimed at immediately mitigating ``the threat to
public safety reflected in an increasing number of helicopter
accidents'').
Joshua J. Hofer,
Attorney, Federal Compliance.
The Postal Service adopts 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. 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).
Accordingly, for the reasons stated in the preamble, the Postal Service
amends Publication 52 as follows:
Publication 52, Hazardous, Restricted and Perishable Mail
* * * * *
2 General Guidelines
* * * * *
[Revise the title of subchapter 25 to read as follows:]
25 Basic Guidelines for Postal Service Personnel
* * * * *
251 Guidelines for Acceptance Personnel
[Add new item c, renumber current item c as item d, revise item e
(as renumbered), and add new items f and g to read as follows:]
c. With the exception of mail entered at a Destination Delivery
Unit (DDU), Destination Sectional Center Facility (DSCF), or
Destination Network Distribution Center (DNDC) verify that all
mailpieces containing mailable hazardous materials are presented
separately from mailpieces not containing hazardous materials.
d. Refuse (as permitted in POM 139) to accept any material that
does not meet the applicable requirements for mailing and refer the
circumstances to your local Postmaster or PCSC for a mailability ruling
under 213 or 215, as appropriate.
e. If a mailpiece containing a diagnostic (clinical) specimen is in
a sack or tub, PS Tag 44 must be attached to ensure that the sack will
be emptied at the processing point.
f. With the exception of mail entered at a DDU, DSCF, or DNDC
ensure mailpieces containing hazardous materials remain separated from
other mailpieces and are placed into labeled containers further
separated by transportation type. See 327.1a and 327.1b.
g. See 253 for guidance regarding hazardous materials found in
lobby drops or retail collection boxes.
* * * * *
252 Guidelines for Dispatch Personnel
[Insert new item b as follows, and renumber current item b as item
c:]
b. Ensure that all mailpieces with a hazardous-materials mark or
label are separated from all other mail and are placed into labeled
containers further separated by transportation type. See 327.1a and
327.1b.
* * * * *
[Revise item 5 in item c (as renumbered) to read as follows:]
5. If the mailpiece contains a material believed to be nonmailable,
remove it from the mailstream and treat it in accordance with POM
139.117-.118, as appropriate.
* * * * *
[Add new section 253 to read as follows:]
253 Guidelines for Delivery and Collection Personnel
Delivery and collection personnel must follow these procedures when
delivering and collecting mail:
a. Conduct a thorough examination of all sides of the mailpiece for
hazardous material labels and markings or any nonmailable hazardous
characteristics (e.g., prohibited marks or labels). If the mailpiece is
nonmailable, leaking or stained, do not collect it; notify the
customer, if present; and contact your supervisor. Ensure that mailable
hazardous materials are separate from all other mail upon loading on
your vehicle and remains separated at all times.
* * * * *
3 Hazardous Materials
* * * * *
32 General
* * * * *
327 Transportation Requirements
* * * * *
327.1 General
[Revise item b to read as follows:]
b. Surface Transportation. All mailable hazardous materials
eligible to be sent as USPS Marketing Mail, USPS Retail Ground, Parcel
Select, or Parcel Return Service must be prepared under the
requirements that apply to surface transportation. A mailpiece
containing mailable hazardous material with postage paid at USPS
Marketing Mail, USPS Retail Ground, Parcel Select, or Package Return
Service prices must not, under any circumstance, be transported on air
transportation.
* * * * *
327.2 Air Transportation Prohibitions
[Add new item g as follows, and renumber current item g as item h:]
g. Pre-owned, damaged, or defective electronic devices containing
or packaged with lithium batteries (see 349.12e).
* * * * *
[Add new section 329 to read as follows:]
329 Presentation of Hazardous-Materials Mailings
With the exception of mail entered at a DDU, DSCF, or DNDC each
mailer of mailable hazardous materials requiring a label or marking
must:
a. Present such mailpieces separately from any mailpieces not
containing hazardous materials. Where mailpieces are tendered in
containers, pallets, or other mail transport equipment (see Handbook
PO-502, Mail Transport Equipment), hazardous-materials mailpieces must
be presented in a separate receptacle from non-hazardous-materials
mailpieces.
b. Clearly mark an exterior side of all receptacles containing
hazardous materials mailpieces as'' HAZMAT''.
* * * * *
34 Mailability by Hazard Class
* * * * *
349 Miscellaneous Hazardous Materials (Hazard Class 9)
* * * * *
349.1 Definition
* * * * *
349.12 Lithium Battery--Definitions
[Add new item e as follows:]
e. Pre-owned, damaged, or defective electronic device means an
electronic device containing or packaged with one or more lithium cells
or batteries and where the electronic device (1) is not new and
contained in new, unopened
[[Page 34201]]
packaging and/or (2) that has some form of damage or defect.
* * * * *
349.2 Mailability
* * * * *
349.21 Nonmailable Class 9 Materials
[Add new item g and h to read as follows:]
g. Damaged, defective, or recalled batteries unless approved by the
director, Product Classification (see 214 for address).
h. All pre-owned, damaged, or defective electronic devices in
international mail or domestic air transportation.
* * * * *
Exhibit 349.222 Domestic Lithium Battery Mailability
[Add new footnote 1 reference to Air Transportation column, create
new footnote text, and renumber existing references previously numbered
as 1 through 7 to 2 through 8]
----------------------------------------------------------------------------------------------------------------
Mailpiece
Surface transportation Air transportation \1\ limitations \2\
----------------------------------------------------------------------------------------------------------------
Lithium Metal or Lithium Alloy Batteries \3\ \4\
Small, non-rechargeable, consumer-type batteries
----------------------------------------------------------------------------------------------------------------
Contained in (properly Mailable................... Mailable................... 8 cells or 2
installed in equipment). batteries, 11 lbs.
Packed with equipment, but Mailable................... Mailable................... 8 cells or 2
not installed in the batteries, 11 lbs.
equipment.
Without the equipment they Mailable................... Prohibited................. 5 lbs.
operate (individual
batteries in originally
sealed packaging).
----------------------------------------------------------------------------------------------------------------
Lithium-ion or Lithium Polymer Batteries \5\ \6\
Small, rechargeable, consumer-type batteries
----------------------------------------------------------------------------------------------------------------
Contained in (properly Mailable................... Mailable................... 8 cells or 2
installed in equipment). batteries.
Packed with equipment, but Mailable................... Mailable................... 8 cells or 2
not installed in the batteries.
equipment.
Without the equipment they Mailable................... Prohibited................. 5 lbs.
operate (individual
batteries in originally
sealed packaging).
Without the equipment they (*)........................ Mailable................... 8 cells or 2
operate (individual batteries.
batteries in originally
sealed packaging) (Intra-
Alaska only).
----------------------------------------------------------------------------------------------------------------
Very Small Lithium Metal or Lithium-ion Batteries \7\ \8\
Exception for very small consumer-type batteries in USPS air transportation
----------------------------------------------------------------------------------------------------------------
Contained in (properly Mailable................... Mailable................... No limit on cells/
installed in equipment). batteries 5.5
pounds.
Packed with equipment, but Mailable................... Mailable................... No limit on cells/
not installed in the batteries 5.5
equipment. pounds.
----------------------------------------------------------------------------------------------------------------
Damaged, Defective, or Recalled Prohibited, unless approved by the manager, Product Classification.
Batteries.
----------------------------------------------------------------------------------------------------------------
\1\ Pre-owned, damaged, or defective electronic devices are prohibited from Air Transportation.
\2\ When a mailpiece limitation of 8 cells or 2 batteries is applicable, a mailpiece may contain either 8 cells
or 2 batteries, not both.
\3\ Each cell must not contain more than 1g lithium content.
\4\ Each battery must not contain more than 2g aggregate lithium content.
\5\ Each cell must not exceed more than 20 Wh (watt-hour rating).
\6\ Each battery must not exceed 100 Wh.
\7\ Each lithium metal or lithium alloy cell or battery must not exceed 0.3 gram of lithium content.
\8\ Each lithium-ion or lithium polymer cell or battery must not exceed 2.7 Wh.
6 International Mail
* * * * *
62 Hazardous Materials: International Mail
* * * * *
622 Mailable Hazardous Materials
* * * * *
622.5 Lithium and Lithium-ion Cells and Batteries--General
[Revise the first paragraph to read as follows:]
Only lithium batteries under 622.51 and 622.52 that are properly
installed in the equipment they operate may be sent internationally or
to and from an APO, FPO, or DPO location (subject to the conditions
prescribed by the Department of Defense listed in Overseas Military/
Diplomatic Mail in the Postal Bulletin). Damaged, defective, or
recalled lithium batteries and pre-owned, damaged, or defective
electronic devices containing or packaged with lithium batteries are
prohibited and may not be mailed internationally or to and from APO,
FPO, or DPO locations under any circumstances. See 349.21.
* * * * *
Exhibit 622.5 International Lithium Battery Mailability
[[Add new footnote 2 to International APO/FPO/DPO column, create
new 2 footnote text, and renumber existing references previously
numbered as 2 through 8 to 3 through 9]
------------------------------------------------------------------------
Mailpiece
International APO/FPO/ battery limit
DPO \1\ \2\ \3\
------------------------------------------------------------------------
Lithium Metal or Lithium Alloy Batteries \4\ \5\
Small, non-rechargeable, consumer-type batteries
------------------------------------------------------------------------
Contained in (properly Mailable............... Maximum of 4
installed in equipment). cells or 2
batteries.
[[Page 34202]]
Packed with equipment, Prohibited.............
but not installed in the
equipment.
Without the equipment Prohibited.............
they operate (individual
batteries in originally
sealed packaging).
------------------------------------------------------------------------
Lithium-ion or Lithium Polymer Batteries \6\ \7\
Small, rechargeable, consumer-type batteries
------------------------------------------------------------------------
Contained in (properly Mailable............... Maximum of 4
installed in equipment). cells or 2
batteries.
Packed with equipment, Prohibited.............
but not installed in the
equipment.
Without the equipment Prohibited.............
they operate (individual
batteries in originally
sealed packaging).
------------------------------------------------------------------------
Very Small Lithium Metal or Lithium-ion Batteries \8\ \9\
Exception for very small consumer-type batteries in international
transportation
------------------------------------------------------------------------
Contained in (properly Mailable............... Maximum of 4
installed in equipment). cells or 2
batteries.
Packed with equipment, Prohibited.............
but not installed in the
equipment.
Without the equipment Prohibited.............
they operate (individual
batteries in originally
sealed packaging).
------------------------------------------------------------------------
\1\ Unless otherwise prohibited by the international destination country
or specific APO/FPO/DPO ZIP Code location.
\2\ Damaged, defective, or recalled lithium batteries and pre-owned,
damaged, or defective electronic devices containing or packaged with
lithium batteries are prohibited and may not be mailed internationally
or to and from APO, FPO, or DPO locations under any circumstances.
\3\ When a mailpiece limitation of 4 cells or 2 batteries is applicable,
a mailpiece may contain either 4 cells or 2 batteries, not both.
\4\ Each lithium metal or lithium alloy cell must not contain more than
1g lithium content.
\5\ Each lithium metal or lithium alloy battery must not contain more
than 2g of aggregate lithium content.
\6\ Each lithium-ion or lithium polymer cell must not exceed more than
20 Wh (watt-hour rating).
\7\ Each lithium-ion or lithium polymer battery must not exceed 100 Wh.
\8\ Each lithium metal or lithium alloy cell or battery must not exceed
0.3 gram of lithium content.
\9\ Each lithium-ion or lithium polymer cell or battery must not exceed
a watt-hour rating of 2.7 Wh.
* * * * *
623 Nonmailable Hazardous Materials
[Add new items m and n as follows:]
m. All damaged, defective, or recalled lithium batteries (see
349.21).
n. All pre-owned, damaged, or defective electronic devices
containing or packaged with lithium batteries (see 349.21).
* * * * *
Appendix C
* * * * *
USPS Packaging Instruction 9D
Lithium Metal and Lithium-Ion Cells and Batteries--Domestic
[Revise the first paragraph to read as follows:]
Except pursuant to 349.21, lithium metal (non-rechargeable) cells
and batteries and lithium-ion (rechargeable) cells and batteries are
mailable in limited quantities domestically via air or surface
transportation when they are installed in or packed with the equipment
they are intended to operate. Unless otherwise excepted, lithium metal
and lithium-ion batteries (without equipment) are mailable in limited
quantities domestically via surface transportation only. Lithium metal
and lithium-ion batteries installed in or packed with pre-owned,
damaged, or defective electronic devices meeting all mailability
requirements in 349 are mailable via surface transportation only.
* * * * *
Mailability
[Revise the first bullet as follows:]
Lithium metal and lithium-ion cells and batteries installed in or
packed with equipment (except for pre-owned, damaged, or defective
electronic devices) are mailable via air or surface transportation.
* * * * *
[Add new fourth bullet to read as follows:]
Pre-owned, damaged, or defective electronic devices containing or
packaged with lithium batteries (see 349.12e) must be mailed via
domestic surface transportation only, provided they meet eligibility
requirements in accordance with 349.
* * * * *
Markings
[Revise the first main bullet to read as follows:]
Lithium metal batteries properly installed in the equipment they
are intended to operate (including pre-owned, damaged, or defective
electronic devices):
* * * * *
[Revise the second main bullet to read as follows:]
Lithium metal batteries packed with the equipment they are intended
to operate (including pre-owned, damaged, or defective electronic
devices):
* * * * *
[Revise the fourth main bullet to read as follows:]
Lithium-ion batteries properly installed in the equipment they are
intended to operate (including pre-owned, damaged, or defective
electronic devices):
* * * * *
[Revise the fifth main bullet to read as follows:]
Lithium-ion batteries packed with the equipment they are intended
to operate (including pre-owned, damaged, or defective electronic
devices):
* * * * *
[Add new bullet at end of section to read as follows:]
Pre-owned, damaged, or defective electronic devices: In addition to
any other applicable marking requirements listed above, packages
containing pre-owned, damaged, or defective electronic devices
containing or packaged with lithium batteries must be marked with the
text ``Restricted Electronic Device'' and ``Surface Transportation
Only'' on the address side of the package. See 221.1 and 325.1.
* * * * *
[[Page 34203]]
USPS Packaging Instruction 9E
Lithium Metal and Lithium-Ion Cells and Batteries--International and
APO/FPO/DPO
* * * * *
Mailability
[Add third and fourth bullets to read as follows:]
Pre-owned, damaged, and defective electronic devices containing or
packaged with lithium batteries are prohibited (see 623).
Lithium batteries that are packed with equipment, lithium batteries
sent separately from equipment, or lithium batteries installed in
equipment they intend to operate that are damaged, defective, or
recalled batteries are prohibited (see 623).
* * * * *
[FR Doc. 2022-12003 Filed 6-1-22; 11:15 am]
BILLING CODE 7710-12-P