83 FR 1189 - Hazardous, Restricted, and Perishable Mail (Publication 52); Incorporation by Reference

POSTAL SERVICE

Federal Register Volume 83, Issue 7 (January 10, 2018)

Page Range		1189-1190
FR Document		2018-00266

The Postal Service announces the issuance of Hazardous, Restricted, and Perishable Mail (Publication 52) dated August 2017, and its incorporation by reference in the Code of Federal Regulations.

Federal Register, Volume 83 Issue 7 (Wednesday, January 10, 2018)

[Federal Register Volume 83, Number 7 (Wednesday, January 10, 2018)]
[Rules and Regulations]
[Pages 1189-1190]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-00266]


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POSTAL SERVICE

39 CFR Part 113


Hazardous, Restricted, and Perishable Mail (Publication 52); 
Incorporation by Reference

AGENCY: Postal Service^TM.

ACTION: Final rule.

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SUMMARY: The Postal Service announces the issuance of Hazardous, 
Restricted, and Perishable Mail (Publication 52) dated August 2017, and 
its incorporation by reference in the Code of Federal Regulations.

DATES: This final rule is effective on January 10, 2018. The 
incorporation by reference of certain publications listed in the rule 
is approved by the Director of the Federal Register as of January 10, 
2018.

FOR FURTHER INFORMATION CONTACT: Lizbeth Dobbins (202) 268-3789.

SUPPLEMENTARY INFORMATION: The most recent issue of Hazardous, 
Restricted, and Perishable Mail (Publication 52) is dated August 2017. 
This issue of Publication 52 contains Postal Service mailing standards 
relating to the shipment of hazardous, restricted, and perishable 
materials. Publication 52 provides a complete and comprehensive source 
for users to find information necessary to properly prepare mailings of 
hazardous, restricted, and perishable materials, and limits the need 
for users to consult other information sources when preparing such 
mailings.
    Publication 52 is available, in a read-only format, to the mailing 
industry and general public via the Postal Explorer[supreg] website at 
http://pe.usps.com. The Postal Explorer application can be accessed 
directly at any time. In addition, links to Postal Explorer are 
provided on:
     The landing page of USPS.com, the Postal Service's primary 
customer-facing website; and
     The USPS application Postal Pro, an online informational 
source available to both mailing industry members and Postal customers, 
intended to eventually replace RIBBS.
    New editions of Publication 52 will be published at regular 
intervals, generally no less frequently than once each calendar year. 
Changes to mailing standards applicable to hazardous, restricted, and 
perishable materials will be made as necessary, and incorporated into 
each successive edition of Publication 52. The incorporation by 
reference of each edition of Publication 52 will be announced through 
publication in the Federal Register. Details of the revisions to 
Publication 52 will be published in the Postal Bulletin, available at 
https://about.usps.com/postal-bulletin/welcome.htm.
    Prior to July, 2014, the Postal Service maintained standards for 
the mailing of hazardous, restricted, and perishable mail in both the 
Mailing Standards of the United States Postal Service, Domestic Mail 
Manual (DMM) and Publication 52. On July 28, 2014, as part of a 
continuing initiative to reduce the size of the DMM, the Postal Service 
removed from that publication the detailed mailing standards relating 
to hazardous, restricted, and perishable materials. In place of these 
detailed provisions, revised DMM 601.8.0 advised that mailing standards 
specific to hazardous, restricted, and perishable mail would be 
incorporated into Publication 52, and could be found on the Postal 
Explorer website at pe.usps.com.
    Based on its experience applying the mailing standards for 
hazardous, restricted and perishable mail since July 28, 2014, the 
Postal Service believes that these mailing standards were more visible 
to the mailing community when they were included in the DMM, which

[[Page 1190]]

is incorporated by reference in the Code of Federal Regulations, and 
thus more effective in supporting USPS efforts related to compliance 
and enforcement. The Postal Service expects that incorporation by 
reference of Publication 52 in the Code of Federal Regulations, will 
increase the visibility of the mailing standards contained in 
Publication 52 and thereby maximize their effectiveness and usefulness.
    Since their removal from the DMM, the mailing standards provided in 
Publication 52 have undergone few changes of significance; indeed, 
several of those changes have expanded the options available to HAZMAT 
mailers. With regard to changes having a wider impact on mailers, such 
as those required to conform Publication 52 to the revised standards 
for the shipment of lithium batteries established by the Pipeline and 
Hazardous Materials Safety Administration (PHMSA) and the International 
Civil Aviation Organization (ICAO), the Postal Service has been careful 
to provide advance notice to interested parties, with an opportunity to 
comment, and to shape the final standards in response to the comments 
received. See, e.g. 82 FR 11372 (February 22, 2017), and 82 FR 34712 
(July 26, 2017). Relating to violations of mailing standards for 
hazardous materials, the Postal Service currently has civil enforcement 
authority granted by the Postal Accountability and Enhancement Act of 
2006, and authority to assess criminal penalties under 18 U.S.C. 1716. 
As a result, the Postal Service believes that the incorporation by 
reference of Publication 52 should have little or no impact on mailers 
of hazardous, restricted, or perishable materials, and the Postal 
Service would expect few comments in response to a proposed rule. 
Accordingly, the Postal Service has chosen to publish only a final rule 
in support of this action.
    The Postal Service further believes that incorporation by reference 
of Publication 52 is justified in view of the unique qualities of the 
publication, including its length, the detailed description of 
conditions relating to the mailing of hazardous, restricted, or 
perishable materials, and the presence of numerous color figures and 
images in the document. In addition, the potential for serious injury 
to Postal Service employees and the general public, as well as the 
potential for damage to USPS equipment and other assets resulting from 
improperly prepared, packaged, or marked hazardous materials, provide 
support for the incorporation by reference of a separate publication 
dealing specifically with such matters.

List of Subjects in 39 CFR Part 113

    Hazardous, restricted, and perishable mail, Incorporation by 
reference.

0
In consideration of the matters discussed above, the Postal Service 
adds new 39 CFR part 113 as follows:

PART 113--HAZARDOUS, RESTRICTED, AND PERISHABLE MAIL

Sec.
113.1 Scope and purpose.
113.2 Incorporation by reference.

    Authority: 5 U.S.C. 552(a); 13 U.S.C. 301-307; 18 U.S.C. 1692-
1737; 39 U.S.C. 101, 401, 403, 404, 414, 416, 3001-3011, 3201-3219, 
3403-3406, 3621, 3622, 3626, 3632, 3633, and 5001.


Sec.  113.1  Scope and purpose.

    This part applies to the mailing and shipment of hazardous, 
restricted, and perishable materials. In order to mail hazardous, 
restricted, and perishable materials, mailers must properly prepare 
their mailings in accordance with the standards contained in USPS 
Publication 52 (incorporated by reference, see Sec.  113.2).


Sec.  113.2  Incorporation by reference.

    (a) Certain material is incorporated by reference into this part 
with the approval of the Director of the Federal Register under 5 
U.S.C. 552(a) and 1 CFR part 51. All approved material is available for 
inspection by appointment only, during normal hours of operation, at 
the U.S. Postal Service Library, 475 L'Enfant Plaza West SW, 
Washington, DC 20260-1641 (call 202-268-2906), and is available from 
the sources listed below. It is also available for inspection at the 
National Archives and Records Administration (NARA). For information on 
the availability of this material at NARA, call 202-741-6030 or go to 
www.archives.gov/federal-register/cfr/ibr-locations.html.
    (b) United States Postal Service, Product Classification Office, 
USPS Headquarters, 475 L'Enfant Plaza SW, Room 4446, Washington, DC 
20260-5013: http://pe.usps.com/text/pub52/welcome.htm.
    (1) Publication 52, Hazardous, Restricted and Perishable Mail, 
dated August 2017, IBR approved for Sec.  113.1.
    (2) [Reserved]

Stanley F. Mires,
Attorney, Federal Compliance.
[FR Doc. 2018-00266 Filed 1-9-18; 8:45 am]
BILLING CODE 7710-12-P

1190 Federal Register / Vol. 83, No. 7 / Wednesday, January 10, 2018 / Rules and Regulations

is incorporated by reference in the Code publication dealing specifically with ENVIRONMENTAL PROTECTION
of Federal Regulations, and thus more such matters. AGENCY
effective in supporting USPS efforts
List of Subjects in 39 CFR Part 113 40 CFR Part 19
related to compliance and enforcement.
The Postal Service expects that Hazardous, restricted, and perishable [FRL–9972–92–OECA]
incorporation by reference of mail, Incorporation by reference.
Publication 52 in the Code of Federal Civil Monetary Penalty Inflation
Regulations, will increase the visibility ■ In consideration of the matters Adjustment Rule
of the mailing standards contained in discussed above, the Postal Service adds
Publication 52 and thereby maximize new 39 CFR part 113 as follows: AGENCY: Environmental Protection
their effectiveness and usefulness. Agency (EPA).
PART 113—HAZARDOUS, ACTION: Final rule.
Since their removal from the DMM,
RESTRICTED, AND PERISHABLE MAIL
the mailing standards provided in SUMMARY: The Environmental Protection
Publication 52 have undergone few Sec. Agency (EPA) is promulgating this final
changes of significance; indeed, several 113.1 Scope and purpose. rule to adjust the level of statutory civil
of those changes have expanded the 113.2 Incorporation by reference. monetary penalty amounts under the
options available to HAZMAT mailers. Authority: 5 U.S.C. 552(a); 13 U.S.C. 301– statutes EPA administers. This action is
With regard to changes having a wider 307; 18 U.S.C. 1692–1737; 39 U.S.C. 101, mandated by the Federal Civil Penalties
impact on mailers, such as those 401, 403, 404, 414, 416, 3001–3011, 3201– Inflation Adjustment Act of 1990, as
required to conform Publication 52 to 3219, 3403–3406, 3621, 3622, 3626, 3632, amended through the Federal Civil
the revised standards for the shipment 3633, and 5001. Penalties Inflation Adjustment Act
of lithium batteries established by the Improvements Act of 2015 (‘‘the 2015
Pipeline and Hazardous Materials Safety § 113.1 Scope and purpose.
Act’’). The 2015 Act prescribes a
Administration (PHMSA) and the This part applies to the mailing and formula for annually adjusting statutory
International Civil Aviation shipment of hazardous, restricted, and civil penalties to reflect inflation,
Organization (ICAO), the Postal Service perishable materials. In order to mail maintain the deterrent effect of statutory
has been careful to provide advance hazardous, restricted, and perishable civil penalties, and promote compliance
notice to interested parties, with an materials, mailers must properly with the law. The rule does not
opportunity to comment, and to shape prepare their mailings in accordance necessarily revise the penalty amounts
the final standards in response to the with the standards contained in USPS that EPA chooses to seek pursuant to its
comments received. See, e.g. 82 FR Publication 52 (incorporated by civil penalty policies in a particular
11372 (February 22, 2017), and 82 FR reference, see § 113.2). case. EPA’s civil penalty policies, which
34712 (July 26, 2017). Relating to guide enforcement personnel in how to
violations of mailing standards for § 113.2 Incorporation by reference. exercise EPA’s statutory penalty
hazardous materials, the Postal Service (a) Certain material is incorporated by authorities, take into account a number
currently has civil enforcement reference into this part with the of fact-specific considerations, e.g., the
authority granted by the Postal approval of the Director of the Federal seriousness of the violation, the
Accountability and Enhancement Act of Register under 5 U.S.C. 552(a) and 1 violator’s good faith efforts to comply,
2006, and authority to assess criminal CFR part 51. All approved material is any economic benefit gained by the
penalties under 18 U.S.C. 1716. As a available for inspection by appointment violator as a result of its noncompliance,
result, the Postal Service believes that only, during normal hours of operation, and a violator’s ability to pay.
the incorporation by reference of at the U.S. Postal Service Library, 475 DATES: This final rule is effective on
Publication 52 should have little or no L’Enfant Plaza West SW, Washington, January 15, 2018.
impact on mailers of hazardous, DC 20260–1641 (call 202–268–2906), FOR FURTHER INFORMATION CONTACT:
restricted, or perishable materials, and and is available from the sources listed David Smith-Watts, Office of Civil
the Postal Service would expect few below. It is also available for inspection Enforcement, Office of Enforcement and
comments in response to a proposed at the National Archives and Records Compliance Assurance, Mail Code
rule. Accordingly, the Postal Service has Administration (NARA). For 2241A, Environmental Protection
chosen to publish only a final rule in information on the availability of this Agency, 1200 Pennsylvania Avenue
support of this action. material at NARA, call 202–741–6030 or NW, Washington, DC 20460, telephone
The Postal Service further believes go to www.archives.gov/federal-register/ number: (202) 564–4083; smith-
that incorporation by reference of cfr/ibr-locations.html. watts.david@epa.gov.
Publication 52 is justified in view of the SUPPLEMENTARY INFORMATION:
(b) United States Postal Service,
unique qualities of the publication,
Product Classification Office, USPS I. Background
including its length, the detailed
Headquarters, 475 L’Enfant Plaza SW, Since 1990, federal agencies have
description of conditions relating to the
Room 4446, Washington, DC 20260– been required to issue regulations
mailing of hazardous, restricted, or
5013: http://pe.usps.com/text/pub52/ adjusting for inflation the statutory civil
perishable materials, and the presence
welcome.htm. penalties 1 that can be imposed under
of numerous color figures and images in
the document. In addition, the potential (1) Publication 52, Hazardous,
for serious injury to Postal Service Restricted and Perishable Mail, dated 1 The Federal Civil Penalties Inflation Adjustment
jstallworth on DSKBBY8HB2PROD with RULES

August 2017, IBR approved for § 113.1. Act of 1990, Public Law 101–410, 28 U.S.C. 2461
employees and the general public, as note, defines ‘‘civil monetary penalty’’ as ‘‘any
well as the potential for damage to (2) [Reserved] penalty, fine, or other sanction that—(A)(i) is for a
USPS equipment and other assets specific monetary amount as provided by Federal
resulting from improperly prepared, Stanley F. Mires, law; or (ii) has a maximum amount provided for by
Attorney, Federal Compliance. Federal law; and (B) is assessed or enforced by an
packaged, or marked hazardous agency pursuant to Federal law; and (C) is assessed
materials, provide support for the [FR Doc. 2018–00266 Filed 1–9–18; 8:45 am] or enforced pursuant to an administrative
incorporation by reference of a separate BILLING CODE 7710–12–P proceeding or a civil action in the Federal courts.’’

VerDate Sep<11>2014 15:18 Jan 09, 2018 Jkt 244001 PO 00000 Frm 00018 Fmt 4700 Sfmt 4700 E:\FR\FM\10JAR1.SGM 10JAR1

Document Created: 2018-10-26 09:34:12
Document Modified: 2018-10-26 09:34:12

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Rules and Regulations
Action		Final rule.
Dates		This final rule is effective on January 10, 2018. The incorporation by reference of certain publications listed in the rule is approved by the Director of the Federal Register as of January 10, 2018.
Contact		Lizbeth Dobbins (202) 268-3789.
FR Citation		83 FR 1189
CFR Associated		Hazardous; Restricted; Perishable Mail and Incorporation by Reference