82_FR_34854 82 FR 34712 - Revision to Mailing Standards for Lithium Batteries

82 FR 34712 - Revision to Mailing Standards for Lithium Batteries

POSTAL SERVICE

Federal Register Volume 82, Issue 142 (July 26, 2017)

Page Range34712-34715
FR Document2017-15624

The Postal Service is revising Publication 52, Hazardous, Restricted, and Perishable Mail, in various sections to provide new mailing standards for lithium batteries. Publication 52 was developed to provide expanded requirements for the mailing of hazardous, restricted, and perishable materials.

Federal Register, Volume 82 Issue 142 (Wednesday, July 26, 2017)
[Federal Register Volume 82, Number 142 (Wednesday, July 26, 2017)]
[Notices]
[Pages 34712-34715]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-15624]


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

POSTAL SERVICE


Revision to Mailing Standards for Lithium Batteries

AGENCY: Postal ServiceTM.

ACTION: Notice.

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

SUMMARY: The Postal Service is revising Publication 52, Hazardous, 
Restricted, and Perishable Mail, in various sections to provide new 
mailing standards for lithium batteries. Publication 52 was developed 
to provide expanded requirements for the mailing of hazardous, 
restricted, and perishable materials.

DATES: Anticipated date of publication in the Postal Bulletin: August 
17, 2017.

FOR FURTHER INFORMATION CONTACT: Michelle Lassiter 202-268-2914, or 
Kevin Gunther (202) 268-7208.

SUPPLEMENTARY INFORMATION: 

Overview

    Pursuant to the Mailing Standards of the United States Postal 
Service, Domestic Mail Manual (DMM[supreg]) 601.8.2, Publication 52 
provides mailing standards specific to hazardous, restricted and 
perishable items and materials, including lithium batteries. 
Publication 52 is provided in its entirety on the Postal 
Explorer[supreg] Web site at http://pe.usps.com/text/pub52/welcome.htm.

Background

    The International Civil Aviation Organization (ICAO) published 
Addendum No. 3 to its Technical Instructions (TI) on January 15, 2016, 
and Addendum No. 4 on February 23, 2016 (http://www.icao.int/safety/DangerousGoods/Pages/default.aspx). In these addenda, ICAO announced 
new regulations for lithium batteries in international air 
transportation. The ICAO revisions, with an effective date of April 1, 
2016, detailed a number of new provisions including:
     The prohibition of lithium-ion (and lithium-ion polymer) 
batteries, shipped separately from the equipment they are intended to 
operate (categorized as identification number UN3480), on passenger 
aircraft.
     The restriction of UN3480 batteries and cells shipped via 
cargo aircraft to a maximum state of charge (SOC) of no more than 30 
percent.
     The limitation of section II, UN3480 batteries and cells 
to a single package, when sent as a part of a consignment or overpack 
via cargo aircraft.
     The required use of an approved Cargo Aircraft Only (CAO) 
label on all packages of UN3480 batteries and cells transported via 
cargo aircraft.
    On September 7, 2016 (81 FR 61742), the Department of 
Transportation (DOT), Pipeline and Hazardous Materials Safety 
Administration (PHMSA) issued a notice of proposed rulemaking [Docket 
Number 2015-0273 (HM-215N)] titled Hazardous Materials: Harmonization 
with International Standards (RRR) with the intention to maintain 
consistency with international regulations and standards by 
incorporating various amendments, including changes to proper shipping 
names, hazard classes, packing groups, special provisions, packaging 
authorizations, air transport quantity limitations, and vessel stowage 
requirements.
    On February 22, 2017 (82 FR 11372), the Postal Service published a 
Federal Register notice, including invitation to comment, titled 
Revision to Mailing Standards for the Transport of Lithium Batteries. 
In this notice, the Postal Service announced its intent to revise 
Publication 52 to align with the ICAO Technical Instructions for the 
Safe Transport of Dangerous Goods by Air (ICAO TI) with regard to the 
transportation of lithium batteries by air. Specifically, the Postal 
Service conveyed its intent to:
     Prohibit UN3480 lithium-ion and lithium polymer batteries 
in Postal Service air-eligible products.
     Revise its quantity limitations for UN3480 lithium-ion and 
lithium polymer batteries in surface transportation to align with those 
for lithium metal batteries, changing from the previous 8 cells or 2 
batteries to an aggregate mailpiece limit of 5 pounds (while retaining 
its previous battery capacity limitations of 20 Wh/cell and 100 Wh/
battery).
    The Postal Service also expresses its intent to revise Publication 
52 to align with lithium battery regulations described in PHMSA's 
proposed rule of September 7, 2016. At that time, the Postal Service 
proceeded with its Federal Register notice, expecting the publication 
of PHMSA's final rule to occur shortly thereafter with few significant 
changes to its proposed regulations for lithium batteries. With respect 
to PHMSA's expected revisions to its lithium battery regulations, the 
Postal Service announced its intent to make the following changes to 
its mailing standards:
     Eliminate the current text marking option for mailpieces 
required to bear, or optionally permitted to bear, lithium battery 
markings, and to limit markings to DOT-approved lithium battery 
handling labels only. Mailpieces restricted to surface transportation 
only, including those containing UN3090, lithium metal batteries 
shipped separately, will continue to be required to bear the current 
text marking in addition to a DOT-approved lithium battery handling 
label.
     Eliminate the requirement for accompanying documentation 
with mailings of lithium batteries.
     Add the new DOT class 9 hazard warning label for lithium 
batteries to Publication 52, Exhibit 325.1, DOT Hazardous Materials 
Warning Labels: PROHIBITED IN THE MAIL. Packages containing lithium 
batteries that are required to bear this label are prohibited in Postal 
Service networks.
     Align with PHMSA regarding the requirement for outer 
packaging used to

[[Page 34713]]

contain small lithium batteries to be rigid and of adequate size so the 
handling mark can be affixed on one side without the mark being folded.
     Provide a limited exception to permit the use of padded or 
poly bags when cells or batteries are afforded equivalent protection by 
the equipment in which they are contained, but to limit this exception 
only to batteries meeting the Postal Service definition of a button 
cell battery in section 349.11d of Publication 52.
     Take no action with regard to the requirement for lithium 
battery markings to appear on packages containing lithium cells or 
batteries, or lithium cells or batteries packed with, or contained in, 
equipment when there are more than two packages in the consignment, and 
continue to define a consignment in postal terms as a single parcel.
    On March 30, 2017 (82 FR 15796), PHMSA published a final rule 
titled Hazardous Materials: Harmonization with International Standards 
(RRR), following on its proposed rule of September 7, 2016. It was 
noted that few significant changes were made to the proposals relating 
to lithium batteries, from those published on September 7, 2016.

Comments and Postal Service Responses

    The Postal Service received four responses to its notice of 
February 22, 2017, with all commenters addressing multiple issues. 
Commenters included two pilot associations, one hazardous materials 
transportation trade association, and the Congressional Delegation from 
the state of Alaska.
    The pilot associations generally supported the Postal Service-
proposed restrictions, and requested the Postal Service to implement 
additional controls on lithium batteries not contemplated in its 
proposed rulemaking. The trade association voiced concern with the 
Postal Service's intent to take no action towards alignment with 
PHMSA's revised definition and restrictions relating to consignments of 
more than a single package containing lithium batteries, and with the 
Postal Service-proposed implementation date. The Alaska Congressional 
Delegation expressed concern with regard to the impact of the proposed 
restrictions on those living in remote areas not serviced by cargo 
aircraft or ground transportation. The specific comments and Postal 
Service responses are as follows:

Commenter 1

    One pilot association related its support for the proposed 
revisions as written and suggests the following additional steps be 
taken by the Postal Service:
     The Postal Service should require compliance and 
harmonization with ICAO TI with regard to ``postal pouches and 
containers'' being required to bear markings and be accompanied by 
written notification--consistent with ICAO overpack requirements.
     The Postal Service should require compliance and 
harmonization with Universal Postal Union (UPU) Technical Standards for 
both international and domestic transportation.
     The Postal Service should require all lithium batteries to 
be shipped in non-flammable packaging.
     The Postal Service should permit airlines and other 
freight handlers to inspect postal packages to ensure the package can 
be safely shipped.
     This commenter states that when a carrier is concerned 
with risk mitigation, the Postal Service should not be exempt from 
regulations applying to commercial carriers. The commenter states that 
lithium battery shipments from USPS might be presented (grouped) in 
opaque containers that the carrier is prevented from opening. The 
commenter opines that such a limitation results in the carrier not 
being able to determine which shipments contain lithium batteries, 
limiting the carrier's ability to mitigate that risk. The commenter 
also notes that this limitation prevents the carrier from inspecting 
packages for potential damage to the package contents, possibly 
enhancing the carrier's risk.

Postal Service Response to Commenter 1

    The Postal Service is currently investigating options to require 
the preparation of sacks in accordance with the overpack requirements 
applicable to commercial shippers; this study is ongoing, however, and 
the Postal Service defers action on this matter at this time. The 
Postal Service intends to investigate the feasibility of modifying its 
operational processes to allow for the alignment with DOT overpack 
marking regulations, and to reexamine this issue at a later date. The 
Postal Service expects any such solution to include an enhanced process 
for the identification and segregation of mailpieces bearing lithium 
battery marks in Postal Service networks. As a result, the Postal 
Service is including an additional requirement for lithium battery 
handling marks to be placed on the address side of any and all 
mailpieces bearing these marks.
    In response to the second suggestion regarding harmonization with 
UPU Technical Standards for both international and domestic (air) 
transportation, the Postal Service does not believe that the 
implementation of such restrictions would be a reasonable action at 
this time. Were the Postal Service to adopt UPU lithium battery 
restrictions, this would result in the elimination of all lithium 
batteries packaged ``with equipment'' in domestic air transportation, 
and would reduce the number of cells installed in equipment, from the 
current eight cells to the UPU limitation of four cells. In addition, 
this would eliminate the current exception for very small batteries 
installed in or packaged with equipment. The adoption of these 
limitations would result in the Postal Service being much more 
restrictive than commercial transportation providers and could create 
an undue hardship on mailers with few or no other options.
    With regard to the suggested use of nonflammable packaging for 
lithium battery shipments, including a new requirement of this nature 
would fall outside the scope of this rulemaking. The Postal Service, 
however, is open to exploring the use of nonflammable packaging for 
lithium batteries at a future date. Factors to consider include whether 
such packaging is effective, affordable, and commercially available.
    In response to the final two suggestions regarding airlines and 
other freight handlers inspecting postal packages and risk mitigation 
when postal packages are enclosed in sacks, the Postal Service believes 
any such measure is best addressed by its suppliers in their relations 
with supply management personnel. It must be kept in mind, however, 
that most packages are currently classified as sealed against 
inspection, and as such, any effort to conduct inspections of the 
contents of packages sealed as such would need to account for all 
applicable legal limitations. Moreover, it should be stressed that the 
Postal Service, unlike most commercial carriers, limits lithium 
batteries in its networks to only those meeting the conditions of the 
exception for smaller cells and batteries under 49 CFR 173.185(c).

Commenter 2

    Another pilot association related its support for the proposed 
prohibition of UN3480 batteries in Postal Service air transportation, 
stating that the Postal Service's proposed action is consistent with 
international standards and responsive to the expanding safety hazards 
posed by lithium batteries. In support of the prohibition, the

[[Page 34714]]

commenter maintains that UN3480 batteries can still be shipped in cargo 
aircraft through commercial carriers. In addition, the commenter:
     Expresses its wish that the Postal Service eventually 
implement packaging standards capable of containing any thermal event 
within the package itself, and capable of protecting lithium batteries 
from external fire threats.
     States that the shipment of lithium-ion batteries in air 
transportation should continue with specified additional requirements 
to ensure their safe carriage, including:
     Active fire detection and suppression systems should be 
required on all commercial aircraft carrying lithium batteries.
     The elimination of packaging materials, such as 
polypropylene, that can fuel onboard fires. The Postal Service 
currently uses polypropylene mail totes (assumed to refer to flats and 
letter trays), which should not be used in air transportation.
     States that its concern with polypropylene in commercial 
air transportation is shared by the National Transportation Safety 
Board (NTSB) and the Federal Aviation Administration (FAA); and
     States that all operators engaged in the transport of 
lithium batteries should be required to carry such batteries within an 
aircraft compartment or container with an active fire suppression 
system capable of mitigating the risk of a lithium battery thermal 
event.

Postal Service Response to

Commenter 2

    The Postal Service appreciates the commenter's support for the 
prohibition of UN3480 batteries in Postal Service air networks. With 
regard to the other issues raised by this commenter, some fall outside 
the scope of this rulemaking.
    With regard to the first suggestion, regarding the eventual 
implementation of mailing standards requiring packaging capable of 
containing a thermal event within the package itself or providing 
protection from external fire, the Postal Service repeats that it is 
open to exploring the use of nonflammable packaging for lithium 
batteries at a future date. Factors to consider include whether such 
packaging is effective, affordable, and commercially available.
    In reference to the suggestion regarding fire detection and 
suppression systems on aircraft carrying lithium batteries, this 
comment is outside the scope of this rulemaking. The Postal Service has 
no immediate plans to require its contracted air carriers to use these 
systems as a condition for carrying mail. Of course, all carriers have 
the option to install these systems on their own at any time.
    With regard to the remaining suggestions concerning the use of 
polypropylene mail handling units in air transportation, the Postal 
Service believes these recommendations to be outside the scope of its 
rulemaking, but will nonetheless weigh the merits of this option 
separately.

Commenter 3

    One commenter, a trade association, expresses its gratitude to the 
Postal Service for its continuing efforts to align Publication 52 with 
the DOT's Hazardous Materials Regulations (HMR). The commenter states 
that significant differences between the HMR and mailing standards 
create confusion with shippers who use the services of commercial 
transportation providers in addition to the mail. The commenter also 
states that alignment with the HMR is especially critical in the 
current environment where the Postal Service may cover only the first 
or last mile and a commercial carrier (regulated by the HMR) completes 
the remaining component of the transportation. In addition, the 
commenter expresses concern with the Postal Service proposal to define 
a consignment as a single package, noting that there may be situations 
where multiple packages are tendered to the Postal Service or one of 
its commercial carriers, and requests that the Postal Service consider 
requiring the lithium battery mark in these situations. The commenter 
advises that some air carriers have implemented prohibitions of lithium 
batteries prepared under the exception for smaller cells or batteries, 
and states that without the requirement for the marking of batteries 
included in a single consignment, some package shippers could utilize 
this exception to tender large quantities of lithium batteries to the 
Postal Service that could ultimately be transported by commercial air 
carriers. The commenter requests that the Postal Service consider 
revising Publication 52 to require a mailer tendering two or more 
packages, containing no more than two batteries or four cells, to mark 
each of those packages with a lithium battery handling mark, or (until 
December 31, 2018) a lithium battery handling label. The commenter 
further recommends that the Postal Service adopt the same 2-year 
transitional period offered by the HMR and the international entities 
with regard to the use of lithium battery marks. The commenter 
recommends that the Postal Service permit use of the new mark 
immediately, but allow for use of existing marks and labels until 
January 1, 2019.

Postal Service Response to

Commenter 3

    With regard to defining and restricting lithium battery 
consignments, the Postal Service has reconsidered its earlier proposal 
and has decided to add language to Publication 52 to define a lithium 
battery consignment within the context of shipments transported through 
the mail, and to add new restrictions for packages prepared within a 
single consignment. The details of these new mailing standards will be 
described later in this notice.
    With regard to the transitional period for the use of marks and 
labels, the Postal Service intends to align its transitional period 
with that permitted in the HMR. As the Postal Service has done in the 
past, it will add language to Publication 52 that requires the use of a 
DOT-approved lithium battery handling mark. This will allow mailers to 
use previously approved marks and labels through the duration of the 
DOT transition period. At present, the Postal Service expects to allow 
mailers to continue to use previously approved lithium battery marks 
until December 31, 2018, the date announced by PHMSA in its final rule 
of March 30, 2017.

Commenter 4

    The Alaska Congressional Delegation requests the Postal Service to 
include a provision to authorize the continued transport of lithium 
batteries needed to support urgent patient needs on passenger aircraft 
to remote locations and ``at a state of charge greater than 30%.'' The 
Alaska Congressional Delegation also requests that consideration be 
given to the following points:
     First, the Alaska Congressional Delegation questions 
whether the Postal Service has assessed the impact of the proposed 
restriction of UN3480 batteries on rural communities not regularly 
serviced by cargo aircraft.
     Second, the Alaska Congressional Delegation asks whether 
the Postal Service will provide appropriate provisions for the shipment 
of UN3480 batteries used to power medical devices, as well as other 
lithium battery powered equipment (emergency beacons, generators and 
back-up power), to these remote locations in the ``interim final rule'' 
to avoid significant public health and safety impacts.

[[Page 34715]]

Postal Service Response to Commenter 4

    The Postal Service would be willing to entertain requests for 
exceptions from medical equipment suppliers specific to the mailing of 
UN3480 batteries in Postal Service products transported through the 
air, when these batteries are needed for the emergency support of 
critical medical devices, fall within the established capacity limits 
for lithium-ion batteries in Postal Service networks, and no other 
reasonable alternative exists. In response to any such request, 
supported by adequate justification, the Postal Service would provide 
written authorization to the medical equipment supplier to mail UN3480 
batteries via USPS air-eligible products. To minimize the risk of 
conflicting with DOT provisions, the Postal Service plans to consult 
with the DOT prior to the approval of specific authorizations relating 
to UN3480 batteries in USPS air transportation.
    With regard to other lithium battery-powered devices, such as 
emergency beacons, the Postal Service will provide an option for the 
mailing of UN3480 in air transportation. This option will be restricted 
to UN3480 batteries meeting the current USPS capacity limitation of 20 
Wh/cell and 100 Wh/battery, and the current quantity limitations of 
eight cells or two batteries. Batteries mailed under this option must 
meet the conditions described in 349.222 of Publication 52, and 49 CFR 
173.185(c), and will be restricted to intra-Alaska shipments (both 
mailed from, and delivered in Alaska).

Revisions to Publication 52

    Within the next several weeks, the Postal Service will revise 
Publication 52 to reflect the new mailing standards. With regard to 
lithium batteries, the Postal Service will:
     Generally prohibit UN3480 lithium-ion and lithium polymer 
batteries in USPS air-eligible products.
     Revise its quantity limitations for UN3480 lithium-ion and 
lithium polymer batteries in surface transportation to align with those 
for lithium metal batteries, changing from the previous eight cells or 
two batteries to an aggregate mailpiece limit of 5 pounds.
     Accept and evaluate requests for exceptions to mail UN3480 
batteries, used to support critical medical devices, via domestic air-
eligible products. The batteries must be within current Postal Service 
capacity and quantity limitations, needed for the emergency support of 
critical medical devices, and no other reasonable alternative exists to 
affect their delivery within an acceptable time period. The Postal 
Service expects to defer revision to Publication 52 relating to these 
authorizations until it has determined the level of interest, and need 
for these exceptions. Prior to granting any authorizations, the Postal 
Service plans to consult with PHMSA to assure alignment with their 
approval processes for commercial carriers. Interested mailers may 
direct requests to the Manager, Product Classification (see Publication 
52, section 214 for the complete address).
     Provide that UN3480 batteries, meeting the current Postal 
Service capacity limitations and quantity restrictions, may be mailed 
via air-eligible products, provided these mailings are both mailed and 
delivered within the state of Alaska.
     Eliminate the current text marking option for mailpieces 
required to bear, or optionally permitted to bear, lithium battery 
markings, and limit markings to DOT-approved lithium battery handling 
marks only.
     Require a separate text marking in addition to a DOT-
approved lithium battery handling mark for mailpieces containing UN3480 
and UN3090 batteries, restricted to surface transportation only.
     Permit the optional use of previously authorized lithium 
battery marks during PHMSA's transitional period for these marks.
     Eliminate the requirement for accompanying documentation 
with mailings of lithium batteries.
     Add the new DOT class 9 hazard warning label for lithium 
batteries to Publication 52, Exhibit 325.1, DOT Hazardous Materials 
Warning Labels: PROHIBITED IN THE MAIL.
     Require the outer packaging of mailpieces containing small 
lithium batteries to be rigid and of adequate size so the handling mark 
can be affixed to the address side without the mark being folded.
     Require lithium battery handling marks to be placed on the 
address side of all mailpieces bearing these marks.
     Permit the use of padded and poly bags as outer packaging 
for mailpieces containing button cell batteries properly installed in 
the equipment they are intended to operate, provided the batteries are 
afforded adequate protection by the equipment and the batteries meet 
the USPS definition of a button cell battery in 349.11d of Publication 
52.
     Define a lithium battery consignment as one or more 
mailpieces containing lithium batteries, entered into USPS networks by 
one mailer or mail service provider within a single mailing or retail 
transaction, or included in the same manifest or shipping services 
file, and intended for delivery to a single consignee at a single 
destination address.
     Require DOT-approved lithium battery markings on all 
mailpieces containing lithium cells or batteries contained in equipment 
when there are more than two mailpieces in a single consignment in 
domestic mail.
     Limit a single consignment to two mailpieces containing 
lithium batteries for international and APO/FPO/DPO mail.
    These revisions will be published in the Postal Bulletin on August 
17, 2017, but the Postal Service will provide for a transitional period 
until January 1, 2018. During the transitional period, mailers are 
urged to comply with the new mailing standards, but compliance will not 
be mandatory until January 1, 2018. Mailers and other interested 
parties can view details of these revisions in edition 22471 of the 
Postal Bulletin, to be published on August 17, 2017. The Postal 
Bulletin is available at https://about.usps.com/postal-bulletin/pb2017.htm.
    The Postal Service will incorporate these revisions into the next 
online update of the Publication 52, which is available via Postal 
Explorer[supreg] at http://pe.usps.com.

Stanley F. Mires,
Attorney, Federal Compliance.
[FR Doc. 2017-15624 Filed 7-25-17; 8:45 am]
 BILLING CODE 7710-12-P



                                                  34712                        Federal Register / Vol. 82, No. 142 / Wednesday, July 26, 2017 / Notices

                                                    This notice will be published in the                   FOR FURTHER INFORMATION CONTACT:                         On February 22, 2017 (82 FR 11372),
                                                  Federal Register.                                        Michelle Lassiter 202–268–2914, or                    the Postal Service published a Federal
                                                                                                           Kevin Gunther (202) 268–7208.                         Register notice, including invitation to
                                                  Stacy L. Ruble,
                                                                                                           SUPPLEMENTARY INFORMATION:                            comment, titled Revision to Mailing
                                                  Secretary.                                                                                                     Standards for the Transport of Lithium
                                                  [FR Doc. 2017–15725 Filed 7–25–17; 8:45 am]              Overview                                              Batteries. In this notice, the Postal
                                                  BILLING CODE 7710–FW–P
                                                                                                             Pursuant to the Mailing Standards of                Service announced its intent to revise
                                                                                                           the United States Postal Service,                     Publication 52 to align with the ICAO
                                                                                                           Domestic Mail Manual (DMM®) 601.8.2,                  Technical Instructions for the Safe
                                                                                                           Publication 52 provides mailing                       Transport of Dangerous Goods by Air
                                                  POSTAL SERVICE                                                                                                 (ICAO TI) with regard to the
                                                                                                           standards specific to hazardous,
                                                                                                           restricted and perishable items and                   transportation of lithium batteries by
                                                  Product Change—Priority Mail                                                                                   air. Specifically, the Postal Service
                                                  Express, Priority Mail, & First-Class                    materials, including lithium batteries.
                                                                                                           Publication 52 is provided in its entirety            conveyed its intent to:
                                                  Package Service Negotiated Service                                                                                • Prohibit UN3480 lithium-ion and
                                                  Agreement                                                on the Postal Explorer® Web site at
                                                                                                           http://pe.usps.com/text/pub52/                        lithium polymer batteries in Postal
                                                  AGENCY: Postal ServiceTM.                                welcome.htm.                                          Service air-eligible products.
                                                                                                                                                                    • Revise its quantity limitations for
                                                  ACTION: Notice.                                          Background                                            UN3480 lithium-ion and lithium
                                                  SUMMARY:    The Postal Service gives                        The International Civil Aviation                   polymer batteries in surface
                                                  notice of filing a request with the Postal               Organization (ICAO) published                         transportation to align with those for
                                                                                                           Addendum No. 3 to its Technical                       lithium metal batteries, changing from
                                                  Regulatory Commission to add a
                                                                                                                                                                 the previous 8 cells or 2 batteries to an
                                                  domestic shipping services contract to                   Instructions (TI) on January 15, 2016,
                                                                                                                                                                 aggregate mailpiece limit of 5 pounds
                                                  the list of Negotiated Service                           and Addendum No. 4 on February 23,
                                                                                                                                                                 (while retaining its previous battery
                                                  Agreements in the Mail Classification                    2016 (http://www.icao.int/safety/
                                                                                                                                                                 capacity limitations of 20 Wh/cell and
                                                  Schedule’s Competitive Products List.                    DangerousGoods/Pages/default.aspx).
                                                                                                                                                                 100 Wh/battery).
                                                  DATES: Date of notice required under 39                  In these addenda, ICAO announced new                     The Postal Service also expresses its
                                                  U.S.C. 3642(d)(1): July 26, 2017.                        regulations for lithium batteries in                  intent to revise Publication 52 to align
                                                                                                           international air transportation. The                 with lithium battery regulations
                                                  FOR FURTHER INFORMATION CONTACT:
                                                                                                           ICAO revisions, with an effective date of             described in PHMSA’s proposed rule of
                                                  Elizabeth A. Reed, 202–268–3179.
                                                                                                           April 1, 2016, detailed a number of new               September 7, 2016. At that time, the
                                                  SUPPLEMENTARY INFORMATION: The                           provisions including:
                                                  United States Postal Service® hereby                                                                           Postal Service proceeded with its
                                                                                                              • The prohibition of lithium-ion (and              Federal Register notice, expecting the
                                                  gives notice that, pursuant to 39 U.S.C.                 lithium-ion polymer) batteries, shipped
                                                  3642 and 3632(b)(3), on July 20, 2017,                                                                         publication of PHMSA’s final rule to
                                                                                                           separately from the equipment they are                occur shortly thereafter with few
                                                  it filed with the Postal Regulatory                      intended to operate (categorized as
                                                  Commission a Request of the United                                                                             significant changes to its proposed
                                                                                                           identification number UN3480), on                     regulations for lithium batteries. With
                                                  States Postal Service to Add Priority                    passenger aircraft.
                                                  Mail Express, Priority Mail, & First-Class                                                                     respect to PHMSA’s expected revisions
                                                                                                              • The restriction of UN3480 batteries              to its lithium battery regulations, the
                                                  Package Service Contract 20 to                           and cells shipped via cargo aircraft to a
                                                  Competitive Product List. Documents                                                                            Postal Service announced its intent to
                                                                                                           maximum state of charge (SOC) of no                   make the following changes to its
                                                  are available at www.prc.gov, Docket                     more than 30 percent.
                                                  Nos. MC2017–159, CP2017–223.                                                                                   mailing standards:
                                                                                                              • The limitation of section II, UN3480                • Eliminate the current text marking
                                                  Stanley F. Mires,                                        batteries and cells to a single package,              option for mailpieces required to bear,
                                                  Attorney, Federal Compliance.                            when sent as a part of a consignment or               or optionally permitted to bear, lithium
                                                  [FR Doc. 2017–15620 Filed 7–25–17; 8:45 am]              overpack via cargo aircraft.                          battery markings, and to limit markings
                                                  BILLING CODE 7710–12–P
                                                                                                              • The required use of an approved                  to DOT-approved lithium battery
                                                                                                           Cargo Aircraft Only (CAO) label on all                handling labels only. Mailpieces
                                                                                                           packages of UN3480 batteries and cells                restricted to surface transportation only,
                                                  POSTAL SERVICE                                           transported via cargo aircraft.                       including those containing UN3090,
                                                                                                              On September 7, 2016 (81 FR 61742),                lithium metal batteries shipped
                                                  Revision to Mailing Standards for                        the Department of Transportation                      separately, will continue to be required
                                                  Lithium Batteries                                        (DOT), Pipeline and Hazardous                         to bear the current text marking in
                                                                                                           Materials Safety Administration                       addition to a DOT-approved lithium
                                                  AGENCY: Postal ServiceTM.                                (PHMSA) issued a notice of proposed                   battery handling label.
                                                  ACTION: Notice.                                          rulemaking [Docket Number 2015–0273                      • Eliminate the requirement for
                                                                                                           (HM–215N)] titled Hazardous Materials:                accompanying documentation with
                                                  SUMMARY:   The Postal Service is revising                Harmonization with International
                                                  Publication 52, Hazardous, Restricted,                                                                         mailings of lithium batteries.
                                                                                                           Standards (RRR) with the intention to                    • Add the new DOT class 9 hazard
                                                  and Perishable Mail, in various sections                 maintain consistency with international               warning label for lithium batteries to
                                                  to provide new mailing standards for                     regulations and standards by                          Publication 52, Exhibit 325.1, DOT
mstockstill on DSK30JT082PROD with NOTICES




                                                  lithium batteries. Publication 52 was                    incorporating various amendments,                     Hazardous Materials Warning Labels:
                                                  developed to provide expanded                            including changes to proper shipping                  PROHIBITED IN THE MAIL. Packages
                                                  requirements for the mailing of                          names, hazard classes, packing groups,                containing lithium batteries that are
                                                  hazardous, restricted, and perishable                    special provisions, packaging                         required to bear this label are prohibited
                                                  materials.                                               authorizations, air transport quantity                in Postal Service networks.
                                                  DATES:  Anticipated date of publication                  limitations, and vessel stowage                          • Align with PHMSA regarding the
                                                  in the Postal Bulletin: August 17, 2017.                 requirements.                                         requirement for outer packaging used to


                                             VerDate Sep<11>2014   17:49 Jul 25, 2017   Jkt 241001   PO 00000   Frm 00090   Fmt 4703   Sfmt 4703   E:\FR\FM\26JYN1.SGM   26JYN1


                                                                               Federal Register / Vol. 82, No. 142 / Wednesday, July 26, 2017 / Notices                                             34713

                                                  contain small lithium batteries to be                    Commenter 1                                              In response to the second suggestion
                                                  rigid and of adequate size so the                           One pilot association related its                  regarding harmonization with UPU
                                                  handling mark can be affixed on one                      support for the proposed revisions as                 Technical Standards for both
                                                  side without the mark being folded.                      written and suggests the following                    international and domestic (air)
                                                     • Provide a limited exception to                      additional steps be taken by the Postal               transportation, the Postal Service does
                                                                                                           Service:                                              not believe that the implementation of
                                                  permit the use of padded or poly bags
                                                                                                              • The Postal Service should require                such restrictions would be a reasonable
                                                  when cells or batteries are afforded
                                                                                                           compliance and harmonization with                     action at this time. Were the Postal
                                                  equivalent protection by the equipment
                                                                                                           ICAO TI with regard to ‘‘postal pouches               Service to adopt UPU lithium battery
                                                  in which they are contained, but to limit
                                                                                                           and containers’’ being required to bear               restrictions, this would result in the
                                                  this exception only to batteries meeting                                                                       elimination of all lithium batteries
                                                  the Postal Service definition of a button                markings and be accompanied by
                                                                                                           written notification—consistent with                  packaged ‘‘with equipment’’ in domestic
                                                  cell battery in section 349.11d of                                                                             air transportation, and would reduce the
                                                  Publication 52.                                          ICAO overpack requirements.
                                                                                                              • The Postal Service should require                number of cells installed in equipment,
                                                     • Take no action with regard to the                   compliance and harmonization with                     from the current eight cells to the UPU
                                                  requirement for lithium battery                          Universal Postal Union (UPU) Technical                limitation of four cells. In addition, this
                                                  markings to appear on packages                           Standards for both international and                  would eliminate the current exception
                                                  containing lithium cells or batteries, or                domestic transportation.                              for very small batteries installed in or
                                                  lithium cells or batteries packed with, or                  • The Postal Service should require                packaged with equipment. The adoption
                                                  contained in, equipment when there are                   all lithium batteries to be shipped in                of these limitations would result in the
                                                  more than two packages in the                            non-flammable packaging.                              Postal Service being much more
                                                  consignment, and continue to define a                       • The Postal Service should permit                 restrictive than commercial
                                                  consignment in postal terms as a single                  airlines and other freight handlers to                transportation providers and could
                                                  parcel.                                                  inspect postal packages to ensure the                 create an undue hardship on mailers
                                                     On March 30, 2017 (82 FR 15796),                      package can be safely shipped.                        with few or no other options.
                                                                                                              • This commenter states that when a                   With regard to the suggested use of
                                                  PHMSA published a final rule titled
                                                                                                           carrier is concerned with risk                        nonflammable packaging for lithium
                                                  Hazardous Materials: Harmonization                                                                             battery shipments, including a new
                                                                                                           mitigation, the Postal Service should not
                                                  with International Standards (RRR),                                                                            requirement of this nature would fall
                                                                                                           be exempt from regulations applying to
                                                  following on its proposed rule of                        commercial carriers. The commenter                    outside the scope of this rulemaking.
                                                  September 7, 2016. It was noted that few                 states that lithium battery shipments                 The Postal Service, however, is open to
                                                  significant changes were made to the                     from USPS might be presented                          exploring the use of nonflammable
                                                  proposals relating to lithium batteries,                 (grouped) in opaque containers that the               packaging for lithium batteries at a
                                                  from those published on September 7,                     carrier is prevented from opening. The                future date. Factors to consider include
                                                  2016.                                                    commenter opines that such a limitation               whether such packaging is effective,
                                                  Comments and Postal Service                              results in the carrier not being able to              affordable, and commercially available.
                                                  Responses                                                determine which shipments contain                        In response to the final two
                                                                                                           lithium batteries, limiting the carrier’s             suggestions regarding airlines and other
                                                     The Postal Service received four                      ability to mitigate that risk. The                    freight handlers inspecting postal
                                                  responses to its notice of February 22,                  commenter also notes that this                        packages and risk mitigation when
                                                  2017, with all commenters addressing                     limitation prevents the carrier from                  postal packages are enclosed in sacks,
                                                  multiple issues. Commenters included                     inspecting packages for potential                     the Postal Service believes any such
                                                  two pilot associations, one hazardous                    damage to the package contents,                       measure is best addressed by its
                                                  materials transportation trade                           possibly enhancing the carrier’s risk.                suppliers in their relations with supply
                                                  association, and the Congressional                                                                             management personnel. It must be kept
                                                                                                           Postal Service Response to                            in mind, however, that most packages
                                                  Delegation from the state of Alaska.                     Commenter 1                                           are currently classified as sealed against
                                                     The pilot associations generally                         The Postal Service is currently                    inspection, and as such, any effort to
                                                  supported the Postal Service-proposed                    investigating options to require the                  conduct inspections of the contents of
                                                  restrictions, and requested the Postal                   preparation of sacks in accordance with               packages sealed as such would need to
                                                  Service to implement additional                          the overpack requirements applicable to               account for all applicable legal
                                                  controls on lithium batteries not                        commercial shippers; this study is                    limitations. Moreover, it should be
                                                  contemplated in its proposed                             ongoing, however, and the Postal                      stressed that the Postal Service, unlike
                                                  rulemaking. The trade association                        Service defers action on this matter at               most commercial carriers, limits lithium
                                                  voiced concern with the Postal Service’s                 this time. The Postal Service intends to              batteries in its networks to only those
                                                  intent to take no action towards                         investigate the feasibility of modifying              meeting the conditions of the exception
                                                  alignment with PHMSA’s revised                           its operational processes to allow for the            for smaller cells and batteries under 49
                                                  definition and restrictions relating to                  alignment with DOT overpack marking                   CFR 173.185(c).
                                                  consignments of more than a single                       regulations, and to reexamine this issue
                                                  package containing lithium batteries,                    at a later date. The Postal Service                   Commenter 2
                                                  and with the Postal Service-proposed                     expects any such solution to include an                  Another pilot association related its
                                                  implementation date. The Alaska                          enhanced process for the identification               support for the proposed prohibition of
mstockstill on DSK30JT082PROD with NOTICES




                                                  Congressional Delegation expressed                       and segregation of mailpieces bearing                 UN3480 batteries in Postal Service air
                                                  concern with regard to the impact of the                 lithium battery marks in Postal Service               transportation, stating that the Postal
                                                  proposed restrictions on those living in                 networks. As a result, the Postal Service             Service’s proposed action is consistent
                                                  remote areas not serviced by cargo                       is including an additional requirement                with international standards and
                                                  aircraft or ground transportation. The                   for lithium battery handling marks to be              responsive to the expanding safety
                                                  specific comments and Postal Service                     placed on the address side of any and                 hazards posed by lithium batteries. In
                                                  responses are as follows:                                all mailpieces bearing these marks.                   support of the prohibition, the


                                             VerDate Sep<11>2014   17:49 Jul 25, 2017   Jkt 241001   PO 00000   Frm 00091   Fmt 4703   Sfmt 4703   E:\FR\FM\26JYN1.SGM   26JYN1


                                                  34714                        Federal Register / Vol. 82, No. 142 / Wednesday, July 26, 2017 / Notices

                                                  commenter maintains that UN3480                          Service has no immediate plans to                     marks. The commenter recommends
                                                  batteries can still be shipped in cargo                  require its contracted air carriers to use            that the Postal Service permit use of the
                                                  aircraft through commercial carriers. In                 these systems as a condition for carrying             new mark immediately, but allow for
                                                  addition, the commenter:                                 mail. Of course, all carriers have the                use of existing marks and labels until
                                                     • Expresses its wish that the Postal                  option to install these systems on their              January 1, 2019.
                                                  Service eventually implement packaging                   own at any time.
                                                                                                             With regard to the remaining                        Postal Service Response to
                                                  standards capable of containing any
                                                  thermal event within the package itself,                 suggestions concerning the use of                     Commenter 3
                                                  and capable of protecting lithium                        polypropylene mail handling units in                     With regard to defining and restricting
                                                  batteries from external fire threats.                    air transportation, the Postal Service
                                                                                                                                                                 lithium battery consignments, the Postal
                                                     • States that the shipment of lithium-                believes these recommendations to be
                                                                                                                                                                 Service has reconsidered its earlier
                                                  ion batteries in air transportation should               outside the scope of its rulemaking, but
                                                                                                                                                                 proposal and has decided to add
                                                  continue with specified additional                       will nonetheless weigh the merits of this
                                                                                                                                                                 language to Publication 52 to define a
                                                  requirements to ensure their safe                        option separately.
                                                                                                                                                                 lithium battery consignment within the
                                                  carriage, including:                                     Commenter 3                                           context of shipments transported
                                                     • Active fire detection and                                                                                 through the mail, and to add new
                                                  suppression systems should be required                      One commenter, a trade association,
                                                                                                           expresses its gratitude to the Postal                 restrictions for packages prepared
                                                  on all commercial aircraft carrying                                                                            within a single consignment. The details
                                                  lithium batteries.                                       Service for its continuing efforts to align
                                                                                                           Publication 52 with the DOT’s                         of these new mailing standards will be
                                                     • The elimination of packaging                                                                              described later in this notice.
                                                  materials, such as polypropylene, that                   Hazardous Materials Regulations
                                                                                                           (HMR). The commenter states that                         With regard to the transitional period
                                                  can fuel onboard fires. The Postal                                                                             for the use of marks and labels, the
                                                  Service currently uses polypropylene                     significant differences between the HMR
                                                                                                           and mailing standards create confusion                Postal Service intends to align its
                                                  mail totes (assumed to refer to flats and                                                                      transitional period with that permitted
                                                  letter trays), which should not be used                  with shippers who use the services of
                                                                                                           commercial transportation providers in                in the HMR. As the Postal Service has
                                                  in air transportation.                                                                                         done in the past, it will add language to
                                                     • States that its concern with                        addition to the mail. The commenter
                                                                                                           also states that alignment with the HMR               Publication 52 that requires the use of
                                                  polypropylene in commercial air                                                                                a DOT-approved lithium battery
                                                                                                           is especially critical in the current
                                                  transportation is shared by the National                                                                       handling mark. This will allow mailers
                                                                                                           environment where the Postal Service
                                                  Transportation Safety Board (NTSB) and                                                                         to use previously approved marks and
                                                                                                           may cover only the first or last mile and
                                                  the Federal Aviation Administration                                                                            labels through the duration of the DOT
                                                                                                           a commercial carrier (regulated by the
                                                  (FAA); and                                                                                                     transition period. At present, the Postal
                                                                                                           HMR) completes the remaining
                                                     • States that all operators engaged in                                                                      Service expects to allow mailers to
                                                                                                           component of the transportation. In
                                                  the transport of lithium batteries should                                                                      continue to use previously approved
                                                                                                           addition, the commenter expresses
                                                  be required to carry such batteries                                                                            lithium battery marks until December
                                                                                                           concern with the Postal Service
                                                  within an aircraft compartment or                                                                              31, 2018, the date announced by
                                                                                                           proposal to define a consignment as a
                                                  container with an active fire                                                                                  PHMSA in its final rule of March 30,
                                                                                                           single package, noting that there may be
                                                  suppression system capable of                            situations where multiple packages are                2017.
                                                  mitigating the risk of a lithium battery                 tendered to the Postal Service or one of
                                                  thermal event.                                                                                                 Commenter 4
                                                                                                           its commercial carriers, and requests
                                                  Postal Service Response to                               that the Postal Service consider                         The Alaska Congressional Delegation
                                                                                                           requiring the lithium battery mark in                 requests the Postal Service to include a
                                                  Commenter 2                                                                                                    provision to authorize the continued
                                                                                                           these situations. The commenter advises
                                                     The Postal Service appreciates the                    that some air carriers have implemented               transport of lithium batteries needed to
                                                  commenter’s support for the prohibition                  prohibitions of lithium batteries                     support urgent patient needs on
                                                  of UN3480 batteries in Postal Service air                prepared under the exception for                      passenger aircraft to remote locations
                                                  networks. With regard to the other                       smaller cells or batteries, and states that           and ‘‘at a state of charge greater than
                                                  issues raised by this commenter, some                    without the requirement for the marking               30%.’’ The Alaska Congressional
                                                  fall outside the scope of this                           of batteries included in a single                     Delegation also requests that
                                                  rulemaking.                                              consignment, some package shippers                    consideration be given to the following
                                                     With regard to the first suggestion,                  could utilize this exception to tender                points:
                                                  regarding the eventual implementation                    large quantities of lithium batteries to                 • First, the Alaska Congressional
                                                  of mailing standards requiring                           the Postal Service that could ultimately              Delegation questions whether the Postal
                                                  packaging capable of containing a                        be transported by commercial air                      Service has assessed the impact of the
                                                  thermal event within the package itself                  carriers. The commenter requests that                 proposed restriction of UN3480 batteries
                                                  or providing protection from external                    the Postal Service consider revising                  on rural communities not regularly
                                                  fire, the Postal Service repeats that it is              Publication 52 to require a mailer                    serviced by cargo aircraft.
                                                  open to exploring the use of                             tendering two or more packages,                          • Second, the Alaska Congressional
                                                  nonflammable packaging for lithium                       containing no more than two batteries or              Delegation asks whether the Postal
                                                  batteries at a future date. Factors to                   four cells, to mark each of those                     Service will provide appropriate
                                                  consider include whether such                            packages with a lithium battery                       provisions for the shipment of UN3480
mstockstill on DSK30JT082PROD with NOTICES




                                                  packaging is effective, affordable, and                  handling mark, or (until December 31,                 batteries used to power medical devices,
                                                  commercially available.                                  2018) a lithium battery handling label.               as well as other lithium battery powered
                                                     In reference to the suggestion                        The commenter further recommends                      equipment (emergency beacons,
                                                  regarding fire detection and suppression                 that the Postal Service adopt the same                generators and back-up power), to these
                                                  systems on aircraft carrying lithium                     2-year transitional period offered by the             remote locations in the ‘‘interim final
                                                  batteries, this comment is outside the                   HMR and the international entities with               rule’’ to avoid significant public health
                                                  scope of this rulemaking. The Postal                     regard to the use of lithium battery                  and safety impacts.


                                             VerDate Sep<11>2014   17:49 Jul 25, 2017   Jkt 241001   PO 00000   Frm 00092   Fmt 4703   Sfmt 4703   E:\FR\FM\26JYN1.SGM   26JYN1


                                                                               Federal Register / Vol. 82, No. 142 / Wednesday, July 26, 2017 / Notices                                                  34715

                                                  Postal Service Response to                               affect their delivery within an                       mail service provider within a single
                                                  Commenter 4                                              acceptable time period. The Postal                    mailing or retail transaction, or included
                                                     The Postal Service would be willing                   Service expects to defer revision to                  in the same manifest or shipping
                                                  to entertain requests for exceptions from                Publication 52 relating to these                      services file, and intended for delivery
                                                  medical equipment suppliers specific to                  authorizations until it has determined                to a single consignee at a single
                                                  the mailing of UN3480 batteries in                       the level of interest, and need for these             destination address.
                                                                                                           exceptions. Prior to granting any                        • Require DOT-approved lithium
                                                  Postal Service products transported
                                                                                                           authorizations, the Postal Service plans              battery markings on all mailpieces
                                                  through the air, when these batteries are
                                                                                                           to consult with PHMSA to assure                       containing lithium cells or batteries
                                                  needed for the emergency support of
                                                                                                           alignment with their approval processes               contained in equipment when there are
                                                  critical medical devices, fall within the
                                                                                                           for commercial carriers. Interested                   more than two mailpieces in a single
                                                  established capacity limits for lithium-
                                                                                                           mailers may direct requests to the                    consignment in domestic mail.
                                                  ion batteries in Postal Service networks,                                                                         • Limit a single consignment to two
                                                  and no other reasonable alternative                      Manager, Product Classification (see
                                                                                                           Publication 52, section 214 for the                   mailpieces containing lithium batteries
                                                  exists. In response to any such request,                                                                       for international and APO/FPO/DPO
                                                  supported by adequate justification, the                 complete address).
                                                                                                              • Provide that UN3480 batteries,                   mail.
                                                  Postal Service would provide written                                                                              These revisions will be published in
                                                                                                           meeting the current Postal Service
                                                  authorization to the medical equipment                                                                         the Postal Bulletin on August 17, 2017,
                                                                                                           capacity limitations and quantity
                                                  supplier to mail UN3480 batteries via                                                                          but the Postal Service will provide for
                                                                                                           restrictions, may be mailed via air-
                                                  USPS air-eligible products. To minimize                                                                        a transitional period until January 1,
                                                                                                           eligible products, provided these
                                                  the risk of conflicting with DOT                                                                               2018. During the transitional period,
                                                                                                           mailings are both mailed and delivered
                                                  provisions, the Postal Service plans to                                                                        mailers are urged to comply with the
                                                                                                           within the state of Alaska.
                                                  consult with the DOT prior to the
                                                                                                              • Eliminate the current text marking               new mailing standards, but compliance
                                                  approval of specific authorizations                                                                            will not be mandatory until January 1,
                                                                                                           option for mailpieces required to bear,
                                                  relating to UN3480 batteries in USPS air                                                                       2018. Mailers and other interested
                                                                                                           or optionally permitted to bear, lithium
                                                  transportation.                                                                                                parties can view details of these
                                                                                                           battery markings, and limit markings to
                                                     With regard to other lithium battery-                                                                       revisions in edition 22471 of the Postal
                                                                                                           DOT-approved lithium battery handling
                                                  powered devices, such as emergency                                                                             Bulletin, to be published on August 17,
                                                                                                           marks only.
                                                  beacons, the Postal Service will provide                    • Require a separate text marking in               2017. The Postal Bulletin is available at
                                                  an option for the mailing of UN3480 in                   addition to a DOT-approved lithium                    https://about.usps.com/postal-bulletin/
                                                  air transportation. This option will be                  battery handling mark for mailpieces                  pb2017.htm.
                                                  restricted to UN3480 batteries meeting                   containing UN3480 and UN3090                             The Postal Service will incorporate
                                                  the current USPS capacity limitation of                  batteries, restricted to surface                      these revisions into the next online
                                                  20 Wh/cell and 100 Wh/battery, and the                   transportation only.                                  update of the Publication 52, which is
                                                  current quantity limitations of eight                       • Permit the optional use of                       available via Postal Explorer® at http://
                                                  cells or two batteries. Batteries mailed                 previously authorized lithium battery                 pe.usps.com.
                                                  under this option must meet the                          marks during PHMSA’s transitional
                                                  conditions described in 349.222 of                                                                             Stanley F. Mires,
                                                                                                           period for these marks.
                                                  Publication 52, and 49 CFR 173.185(c),                      • Eliminate the requirement for                    Attorney, Federal Compliance.
                                                  and will be restricted to intra-Alaska                   accompanying documentation with                       [FR Doc. 2017–15624 Filed 7–25–17; 8:45 am]
                                                  shipments (both mailed from, and                         mailings of lithium batteries.                        BILLING CODE 7710–12–P
                                                  delivered in Alaska).                                       • Add the new DOT class 9 hazard
                                                  Revisions to Publication 52                              warning label for lithium batteries to
                                                                                                           Publication 52, Exhibit 325.1, DOT                    SECURITIES AND EXCHANGE
                                                     Within the next several weeks, the                    Hazardous Materials Warning Labels:                   COMMISSION
                                                  Postal Service will revise Publication 52                PROHIBITED IN THE MAIL.
                                                                                                                                                                 [Release No. 34–81178; File No. SR–MRX–
                                                  to reflect the new mailing standards.                       • Require the outer packaging of
                                                  With regard to lithium batteries, the                                                                          2017–08]
                                                                                                           mailpieces containing small lithium
                                                  Postal Service will:                                     batteries to be rigid and of adequate size            Self-Regulatory Organizations; Nasdaq
                                                     • Generally prohibit UN3480 lithium-                  so the handling mark can be affixed to                MRX, LLC; Notice of Designation of a
                                                  ion and lithium polymer batteries in                     the address side without the mark being               Longer Period for Commission Action
                                                  USPS air-eligible products.                              folded.                                               on a Proposed Rule Change To Adopt
                                                     • Revise its quantity limitations for                    • Require lithium battery handling                 Rule 912
                                                  UN3480 lithium-ion and lithium                           marks to be placed on the address side
                                                  polymer batteries in surface                             of all mailpieces bearing these marks.                July 20, 2017.
                                                  transportation to align with those for                      • Permit the use of padded and poly                   On June 9, 2017, Nasdaq MRX, Inc.
                                                  lithium metal batteries, changing from                   bags as outer packaging for mailpieces                (‘‘MRX’’ or the ‘‘Exchange’’) filed with
                                                  the previous eight cells or two batteries                containing button cell batteries properly             the Securities and Exchange
                                                  to an aggregate mailpiece limit of 5                     installed in the equipment they are                   Commission (‘‘Commission’’), pursuant
                                                  pounds.                                                  intended to operate, provided the                     to Section 19(b)(1) of the Securities
                                                     • Accept and evaluate requests for                    batteries are afforded adequate                       Exchange Act of 1934 (‘‘Act’’ or
                                                  exceptions to mail UN3480 batteries,                     protection by the equipment and the                   ‘‘Exchange Act’’) 1 and Rule 19b–4
mstockstill on DSK30JT082PROD with NOTICES




                                                  used to support critical medical devices,                batteries meet the USPS definition of a               thereunder,2 a proposed rule change to
                                                  via domestic air-eligible products. The                  button cell battery in 349.11d of                     adopt Rule 912 (Consolidated Audit
                                                  batteries must be within current Postal                  Publication 52.                                       Trail—Fee Dispute Resolution). The
                                                  Service capacity and quantity                               • Define a lithium battery                         proposed rule change was published for
                                                  limitations, needed for the emergency                    consignment as one or more mailpieces
                                                  support of critical medical devices, and                 containing lithium batteries, entered                   1 15   U.S.C. 78s(b)(1).
                                                  no other reasonable alternative exists to                into USPS networks by one mailer or                     2 17   CFR 240.19b–4.



                                             VerDate Sep<11>2014   17:49 Jul 25, 2017   Jkt 241001   PO 00000   Frm 00093   Fmt 4703   Sfmt 4703   E:\FR\FM\26JYN1.SGM    26JYN1



Document Created: 2017-07-26 01:30:18
Document Modified: 2017-07-26 01:30:18
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice.
DatesAnticipated date of publication in the Postal Bulletin: August 17, 2017.
ContactMichelle Lassiter 202-268-2914, or Kevin Gunther (202) 268-7208.
FR Citation82 FR 34712 

2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR