Federal Register, Volume 68 Issue 109 (Friday, June 6, 2003)

[Federal Register Volume 68, Number 109 (Friday, June 6, 2003)]
[Rules and Regulations]
[Pages 33858-33873]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-14185]

=======================================================================
-----------------------------------------------------------------------

POSTAL SERVICE

39 CFR Part 111

Hazardous Materials: Domestic Mail Manual Revisions for Division
6.2 Infectious Substances and Other Related Changes

ACTION: Final rule.

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

SUMMARY: In this final rule, the Postal Service adopts revisions to the
mailing standards in Domestic Mail Manual (DMM) C023 related to the
requirements and packaging standards for mailable types of Division 6.2
infectious substances. These DMM revisions adopt many of the regulatory
and packaging changes for infectious substances that the U.S.
Department of Transportation (DOT) made to Title 49 Code of Federal
Regulations (49 CFR) in the Federal Register final rule published on
August 14, 2002 (67 FR 53117-53144) and the subsequent change published
on August 27, 2002 (67 FR 54967). As adopted by the Postal Service,
these DMM revisions will provide a greater level of safety for handling
and transporting mailable infectious substances in the mailstream.
These changes will also facilitate domestic and international air
transportation by aligning the Postal Service mailing standards with
the current international standards for the transport of hazardous
materials.
Other minor changes and clarifications are also adopted to the
hazardous materials mailing standards in DMM C021, C023, C024, C050,
and F010 to improve clarity and reduce misunderstandings; to ensure the
packaging integrity of mailable hazardous materials during Postal
Service handling; and to provide a greater level of safety for Postal
Service employees and the public.

EFFECTIVE DATE: June 12, 2003. However, mailers using a business reply
mail format for diagnostic (clinical) specimen mailpieces or a
merchandise return service format for sharps waste or regulated medical
waste mailpieces, are

[[Page 33859]]

provided with a phase-in period through January 1, 2004.

FOR FURTHER INFORMATION CONTACT: Jane Stefaniak (703) 292-3548, Mailing
Standards, United States Postal Service.

SUPPLEMENTARY INFORMATION: On December 19, 2002, the Postal Service
published a proposed rule in the Federal Register (67 FR 77726-77737)
that proposed revisions to the standards in DMM C023 for mailing
Division 6.2 infectious substances. The proposal was initiated to align
the Postal Service standards with the DOT Federal regulations in 49 CFR
and to make other minor changes and clarifications to the related
mailing standards in DMM C021, C023, C024, C050, and F010.
Part A of this document provides background information on why the
Postal Service needs to adopt these changes. Part B identifies and
responds to the comments received by the Postal Service on the proposed
rule. Part C summarizes the changes adopted by the Postal Service in
this final rule. The actual changes to the DMM appear at the end of
this final rule.

Part A--Background Information

The carriage of U.S. mail by the United States Postal Service
(Postal Service) is regulated by Title 39 Code of Federal Regulations
(39 CFR). Unlike commercial carriers, the Postal Service is not subject
to the Federal regulations of the U.S. Department of Transportation
(DOT) in Title 49 Code of Federal Regulations (49 CFR). The Postal
Service is, however, subject to the legal restrictions in Title 18
United States Code 1716 (18 U.S.C. 1716) which prohibits the mailing of
* * *`` all disease germs, or scabs, and all other natural or
artificial articles, compositions, or material which may kill or injure
another, or injure the mails or other property''* * * if that matter is
outwardly or of its own force dangerous to life, health, or property.
Accordingly, for legal and safety reasons, the mailing standards for
hazardous materials in the Domestic Mail Manual (DMM) not only closely
adhere to the DOT regulations in 49 CFR, but also include many
additional limitations and prohibitions.
In many instances, the Postal Service standards are more
restrictive than the DOT requirements that apply to shipments being
transported in domestic commerce. As an example, commercial shippers
are permitted under the DOT regulations in 49 CFR to send certain types
of flammable materials via air transportation. In contrast, the Postal
Service prohibits the mailing of all flammable materials via air
transportation.
Under Postal Service mailing standards, most hazardous materials
are nonmailable. With few exceptions, the Postal Service generally
limits the mailing of hazardous materials to only those materials that
can be reclassified as an ORM-D material under the DOT Federal
regulations in 49 CFR 173.144 and that can be renamed with the proper
shipping name of ``Consumer Commodity.'' Additionally, mailable
hazardous materials must meet the Postal Service quantity and packaging
requirements, which in many instances are more restrictive than the DOT
requirements in 49 CFR. Of all regulated hazardous materials, ORM-D
materials present the lowest level of risk during handling and
transportation.
Over the past few years, the Postal Service has encountered
increasing difficulties with the commercial carriers who are contracted
to provide air transportation services for the carriage of U.S. mail.
Many carriers have refused to transport mailpieces containing mailable
hazardous materials. In some instances, an air carrier has established
a corporate policy not to carry hazardous materials. In other cases, an
air carrier has refused to carry a specific type of hazardous material
(e.g., diagnostic specimens) because Postal Service packaging
standards, which met Federal standards, did not meet the international
standards followed by the air carrier industry.
To ensure an acceptable level of safety and to facilitate domestic
and international transportation, the Postal Service is adopting some
of the regulatory and packaging changes for Division 6.2 infectious
substances that DOT adopted as revisions to 49 CFR in the Federal
Register (67 FR 53117-53144 and 67 FR 54967). The DOT changes are
consistent with the current international standards found in the
Technical Instructions for the Safe Transport of Dangerous Goods
published by the International Civil Aviation Organization (ICAO).
It should also be noted that many of the DOT Federal regulations in
49 CFR involve requirements for the transport of hazardous materials
that have moderate, high, or very high risk levels and that are shipped
in very large quantities (exceeding 70 pounds in weight). Such
hazardous materials are not permitted in the U.S. mail due to the legal
restrictions in 18 U.S.C. 1716, concerns for employee and public
safety, and Postal Service size and weight limitations. Accordingly,
the Postal Service is adopting only the DOT regulations for Division
6.2 infectious substances that apply to materials that can be safely
handled in the U.S. mail. As an example, the Postal Service will not
adopt the new DOT bulk packaging options for regulated medical waste
because under DOT regulations in 49 CFR, a bulk packaging is defined as
a receptacle that has a capacity greater than 450L (119 gallons) for
liquid materials or a net mass greater than 400 kg (882 pounds) for
solid materials. As established by law, the maximum size and weight
limits per mailpiece are 70 pounds and 108 inches in combined length
and girth (130 inches for Parcel Post). A bulk packaging receptacle as
defined by DOT is nonmailable in the U.S. mail because it exceeds the
maximum size and weight limits for mailing and it also would pose an
unacceptable risk level during Postal Service transport and handling.

Part B--Comments on the Proposed Rule

On December 19, 2002, the Postal Service published a proposed rule
in the Federal Register (67 FR 77726-77737) that provided information
on the revisions to the mailing standards in the DMM that the Postal
Service proposed to adopt. The Postal Service solicited comments on the
proposed rule from members of the general public and responses were
received from nine parties. The parties represented: four authorized
sharps mailers; three commercial medical laboratories that process
diagnostic (clinical) specimens received through the mail; one
institute comprised of two separate trade associations that represented
members involved in private waste services and manufacturing
businesses; and one law firm representing a group of manufacturers of
healthcare products.
The comments received generally fell into one of the following four
categories: comments on the proposed effective date; comments on the
proposed rules for diagnostic (clinical) specimens; comments on the
proposed rules for mailable types of regulated medical waste and sharps
waste; and comments in support of the Postal Service proposed rule. A
summary of the comments grouped by category is detailed in items 1
through 4.

1. Comments Related to the Effective Date of the Final Rule

Four commenters, including three of the sharps mailers and the
institute, opposed the Postal Service proposal of an effective date of
April 30, 2003. Two of the sharps mailers requested an effective date
of six months after the date of the final rule, while the other two
commenters requested an effective date of one year after the date of
the final rule. All commenters felt that a

[[Page 33860]]

delayed effective date was needed to allow them and their clients a
sufficient amount of time in which to use up preexisting packaging that
is already in circulation. The Postal Service agrees that a phase-in
period is needed and in this final rule has adopted an effective date
of June 12, 2003, with a phase-in period through January 1, 2004. This
phase-in period will allow for mailer implementation of the new
packaging requirements for diagnostic (clinical) specimen mailpieces
using a business reply mail format and regulated medical waste or
sharps waste mailpieces using a merchandise return service format.

2. Comments Related to the Proposed Changes Affecting Diagnostic
(Clinical) Specimens

Four commenters, including the three medical laboratories and the
law firm, submitted comments related to the proposed requirements for
clinical specimens.
Two of the medical labs and the law firm all maintained that the
Postal Service proposal to require placement of the biohazard symbol on
the primary container of a Risk Group 1, 2 or 3 diagnostic (clinical)
specimen was impractical. They noted that mailers would incur added
costs to place the symbol on the primary container. One commenter also
noted that under the Federal requirements issued by the U.S. Department
of Occupational Health and Safety Administration (OSHA), the biohazard
symbol is required to appear on the secondary container. For these
reasons, in this final rule the Postal Service has changed the
placement requirement for the biohazard symbol on Risk Group 1, 2, and
3 specimens. For mailable types of Risk Group 1, 2, and 3 specimens,
the biohazard symbol is required to appear on the secondary packaging,
except in the instance where the secondary packaging also serves as the
outer shipping container for a Risk Group 1 specimen. In that instance,
then the biohazard symbol must appear on the inner packaging or on the
primary container. The biohazard symbol must not appear on the outer
shipping container of a mailable Risk Group 1, 2, or 3 specimen.
One of the medical labs opposed the Postal Service proposal to
include diagnostic (clinical) specimens in the description of Division
6.2 materials in DMM C023.8.1 because they felt it could be confusing
to most mailers. The text in DMM C023.8.1 is intended to generally
identify the items that are described under the category of Division
6.2, some of which are regulated as infectious substances, and some of
which are not. The definition of a Division 6.2 material (infectious
substance) is defined in DMM C023.8.2a, and that definition very
closely mirrors the definition adopted by DOT in 49 CFR. The Postal
Service does not feel that the general explanation in DMM C023.8.1 is
confusing or misleading, but has made some minor changes to the text in
the final rule for the purpose of clarity.
The same medical lab also asked whether it was the intent of the
Postal Service to mirror the risk group classifications adopted by DOT.
The answer is yes. The Postal Service believes this intent was clearly
stated in the proposed rule, and it is also restated in Part C of this
final rule. This commenter also asked whether the Postal Service
classified all diagnostic (clinical) specimens collected for insurance
purposes or through drug testing programs as Risk Group 1 materials.
The Postal Service cannot make such a determination. In the proposed
rule and in this final rule, the Postal Service has placed the
responsibility for the proper determination of the Risk Group on the
sender (i.e. generally the health care professional or individual who
collects the specimen) as stated in DMM C023.8.2f. The Postal Service
position on this point is in alignment with the stance DOT adopted in
49 CFR. The Postal Service suggests that packaging distributors include
information to inform the collector of the specimen that the packaging
may only be used to send Risk Group 1 specimens and that different
packaging with stricter requirements must be used to send Risk Group 2,
3, or 4 specimens.
Another one of the medical labs that provided comments requested
that the Postal Service clarify what materials are acceptable for a
primary and secondary container holding a dry specimen. They also asked
the Postal Service to clarify what would constitute a ``securely
sealed'' primary receptacle in DMM C023.8.10b. Unlike the DOT
regulations, the Postal Service proposed packaging requirements for dry
clinical specimens since these types of specimens are routinely sent
through the U.S. mail. Dry specimens often include materials such as
saliva swabs, dried blood spots, and fecal smears. In the final rule,
the Postal Service has made a few minor changes to the text for
packaging a dry specimen in order to clarify the requirements. The
Postal Service believes these changes are sufficient.

3. Comments Related to the Proposed Changes Affecting Regulated Medical
Waste and Sharps Waste

Five parties, including the four sharps mailers and the institute,
submitted comments related to the proposed changes affecting the
mailing of regulated medical waste and sharps waste. For Postal Service
purposes, regulated medical waste is defined in DMM C023.8.2e and
sharps waste is defined in DMM C023.8.2g.
All four sharps mailers opposed the Postal Service proposal to
limit the capacity of a sharps primary receptacle to a maximum of 3
gallons. Two commenters requested a limit of 5 gallons, one requested a
limit of 11 gallons, and the other specified no maximum limit. Over the
past few years, the Postal Service has experienced instances in which
mailpieces containing sharps waste and having a 5-gallon primary
receptacle have been found broken open in the mailstream. Although the
number of incidents is small, the Postal Service believes that when
properly designed and packaged prior to mailing, no approved sharps
container should break open while in the mailstream. It was for this
reason, and to ensure the safety of postal employees who handle these
mailpieces, that the Postal Service proposed the new design
requirement. The Postal Service does not agree with the commenters that
a primary receptacle used to collect sharps (and designed for return
via the U.S. mail) needs to be larger than 3 gallons in capacity. Most
sharps container systems previously approved by the Postal Service have
a primary receptacle with a capacity of less than 1 gallon. Primary
receptacles having a capacity of 3 gallons or greater are not generally
used to collect sharps waste for mail-back purposes, rather they are
used to collect other types of nonsharps waste. Accordingly, the Postal
Service will adopt a 3-gallon limit for a primary receptacle used to
collect sharps waste as defined in DMM C023.8.2g and a 5-gallon limit
for a primary receptacle used to collect regulated medical waste as
defined in DMM C023.8.2e.
One sharps mailer opposed the Postal Service proposal to change the
requirements for the secondary container for regulated medical waste
and sharps waste packaging systems. The same sharps mailer also opposed
the Postal Service proposal to prohibit easy-fold bottoms on outer
shipping containers if they are not reinforced with a water-resistant
tape. The commenter felt that the previous Postal Service requirement
which allowed a

[[Page 33861]]

secondary container to consist of a 3 mil plastic bag with a reinforced
fiberboard sleeve (open on the top and bottom) was sufficient. They
also felt that requiring a reinforced bottom on the outer shipping
container was unnecessary and would increase their production costs.
The Postal Service feels these changes are necessary for safety
reasons. At least two incidents have occurred in which the bottom of an
auto-fold style outer shipping container gave way during postal
handling causing the bagged primary receptacle to slide out of the
reinforced sleeve and through the bottom of the outer shipping
container. In this situation, the only level of protection from the
primary container was the 3 mil plastic bag, which increased the safety
risk to postal employees. For this reason, the Postal Service adopts
the packaging change for regulated medical waste and sharps waste
mailpieces that requires the secondary container be completely enclosed
in a watertight container or containment system. The secondary
container may consist of more than one component. If one of the
components is a plastic bag, it must be at least 3 mil thick and be
used in conjunction with a strong and securely sealed fiberboard box. A
plastic bag by itself will not meet the requirement for a secondary
container. The Postal Service also adopts the packaging change for
regulated medical waste and sharps waste mailpieces to require that the
bottom of the outer shipping container and all joints and flaps be
securely taped, glued, or stitched to maintain the integrity of the
container. When tape or glue is used to secure an outer shipping
container, the material must be water-resistant.
One sharps mailer and the institute commented that the Postal
Service proposed definition of ``regulated medical waste'' should also
include sharps. Both felt that the Postal Service should not maintain a
separate category for sharps waste since DOT had no such distinction.
One commenter further stated that if sharps waste were included in the
definition of regulated medical waste, then the Postal Service would
only need one set of packaging requirements and mailers would not have
to use different marking requirements for mailpieces containing
regulated medical waste and sharps waste. The Postal Service does not
agree with those arguments. Since the Postal Service began allowing
medical waste in the mail more than ten years ago, there has been, and
continues to be, a great deal of concern involving the potential
dangers associated with sharps waste should package failure occur
during postal handling. The Postal Service has experienced a few
instances in which a used syringe was found protruding from a sharps
waste mailpiece that was not properly packaged prior to mailing. For
this reason, the Postal Service will continue to maintain separate
categories for sharps waste and other mailable types of regulated
medical waste. This distinction will include separate requirements for
the primary receptacles and different marking requirements for the
outer shipping container. The Postal Service does not feel this will
present a hardship on mailers since many already design and market
their waste container systems for specific uses. It can also be noted
that healthcare professionals generally do not mix sharps waste in the
same containers used to collect other nonsharps medical waste.
Although not proposed by the Postal Service, one sharps waste
mailer recommended the Postal Service require that sharps container
systems be tested by ``certified'' labs, rather than by independent
labs, as already permitted in DMM C023.8.7d. The Postal Service has not
noted any significant problems with the use of independent labs, and
therefore, sees no reason to adopt this recommendation. The problems
associated with package failure of sharps waste container systems
appear to be caused by container system design or the improper assembly
of the container system by the end user prior to mailing.
The institute recommended that the Postal Service establish a
``performance-based'' standard for packaging rather than adopt new
requirements for sealing the outer shipping container. The institute
further suggested that the Postal Service allow a manufacturer or
distributor to prove that their packaging material is safe when placed
in the mail. We believe the commenter misinterpreted our intent and
might not be aware of the preexisting requirements for package testing.
The Postal Service has always required that packaging systems for
sharps waste be tested by an independent testing facility using several
of the tests detailed in 49 CFR part 178. Because the Postal Service
has not experienced any significant problems with the test reports
provided by the independent testing facilities, we do not feel there is
a need to change the previously existing requirements for package
testing. Additionally and as stated previously, the Postal Service will
adopt new securing requirements for the outer shipping container to
further reduce the potential for package failure during postal
processing. The adoption of this requirement is directly related to
specific instances of package failure that have occurred during postal
handling.
The institute also recommended the that Postal Service require the
assembly instruction sheet for each sharps container system also
include a customer service telephone number for the end user to call if
they need assistance or find a component part is missing. Although the
Postal Service did not include this requirement in the proposed rule,
it will adopt a variation of it in this final rule. The adopted text
will require that each assembly sheet for a sharp waste or regulated
medical waste container system list a customer service telephone number
or provide specific information on where such a telephone number is
located elsewhere on the container system. The Postal Service does not
feel this will present a hardship for mailers, since many already
display a customer service phone number on their assembly instruction
sheets. The adoption of this requirement will help provide one more
support level to the third-party end user who is being relied on to
properly assemble the container system before depositing it into the
mail. Proper assembly of a sharps container system prior to mailing is
critical to ensuring it will be safely handled and transported without
deterioration or package failure.
The institute further recommended that the Postal Service
discontinue the use of the term ``waste manifest'' in the requirements
that apply to the mailing of sharps waste and replace the term with
``shipping paper.'' The Postal Service did not propose this change and
feels it is unnecessary. The text in DMM C023.8.7c(3) states that the
waste manifest serves as the shipping paper. In addition, such a change
could pose a hardship for regulated medical waste and sharps waste
mailers who presently identify this document as a waste manifest, by
causing them to incur the cost for redesigning and replacing the
documents.

4. Comments Supporting the Proposed Changes

Seven of the commenters, including three sharps mailers, two
medical labs, the institute, and the law firm, submitted comments that
supported some of the requirements in the Postal Service proposed rule.
Those comments are summarized in this section.
Two of the sharps mailers stated that they did not oppose the
Postal Service proposal to limit the maximum weight of a mailpiece
containing regulated medical waste or sharps waste to 25 pounds.
Another further stated that, in

[[Page 33862]]

general, they supported the Postal Service proposed rule.
One medical lab stated they were pleased with the Postal Service
changes that would improve packaging integrity and they supported them.
The commenter further stated that they approved of the text in DMM
C023.8.10a that included the phrase ``* * * for drug testing programs
or for insurance purposes * * *'' within the definition of the term
diagnostic (clinical) specimen. The commenter stated that the slightly
stricter packaging requirements would help to ensure their receipt of
safely packaged specimens.
Three commenters, including one medical lab, the institute, and the
law firm, supported the Postal Service effort to align the mailing
standards with the DOT regulations in 49 CFR. These commenters felt
that harmonization of the packaging requirements among all agencies and
regulators would be a positive benefit for all mailers and shippers.
The institute also stated that they recognized and supported the
continued role of the Postal Service in providing mailing options for
senders of infectious substances and mail-back systems.
One medical lab stated they appreciated the Postal Service proposal
to provide specific packaging requirements for dry specimens. They
further noted they supported the development of mailing standards that
benefit both the industry and the Postal Service.

Part C--Summary of Changes

In this final rule, the Postal Service adopts the following changes
to the mailing standards in DMM C023.8.0 for Division 6.2 infectious
substances:
[sbull] New classification criteria for Division 6.2 infectious
substances based on the defining criteria developed by the World Health
Organization (WHO) and consistent with the DOT Federal regulations in
49 CFR for domestic transport and the International Civil Aviation
Organization (ICAO) technical instructions for international transport.
[sbull] New DOT packaging requirements that are applicable to the
mailable types of Division 6.2 materials and consistent with the ICAO
technical instructions. For safety reasons, in some instances the
Postal Service volume limits are lower than the DOT limits.
[sbull] New DOT Federal requirements that regulate diagnostic
(clinical) specimens in Risk Groups 2, 3, or 4 as hazardous materials.
[sbull] New DOT Federal requirements that do not regulate certain
Risk Group 1 materials, including diagnostic (clinical) specimens, as
hazardous materials.
[sbull] Revisions and modifications in the DOT Federal regulations
related to the definitions of Division 6.2 materials and clarification
of the use of the biohazard symbol on regulated and nonregulated
material.
In addition, the Postal Service is adopting a few minor
clarifications and changes to the hazardous materials standards in DMM
C023 and certain related standards in DMM C021, C023, C024, C050, and
F010. These changes will improve clarity in the standards and reduce
misunderstandings. They will also improve packaging integrity for
mailable types of regulated medical waste and sharps waste, and provide
a greater level of safety during handling for both Postal Service
employees and the public. These changes include:
[sbull] Minor revisions to the text in DMM C021 to improve clarity.
[sbull] Minor clarifications to the definitions in DMM C023.1.1
including added text in the definition for ``air transportation
requirements'' to note that the Postal Service does not guarantee air
transportation service for any class of mail. Air transportation
service is usually provided for First-Class Mail[reg], Priority
Mail[reg], and Express Mail[reg] destined to zones 5 through 8;
however, air transportation service is dependent on the ability of the
Postal Service to procure an air carrier.
[sbull] Standardization of the terminology used in DMM C023 for
identifying the different components required for the proper packaging
of mailable hazardous materials.
[sbull] Expansion of the requirements in DMM C023.8.0 to establish
that mailable types of regulated medical waste are subject to the same
authorization requirements as sharps waste.
[sbull] Clarifications and minor changes to the requirements in DMM
C023.8.0 for regulated medical waste and sharps waste containers to
enhance the accuracy of the regulations and reduce misunderstanding of
the standards. In addition, the Postal Service adopts additional
limitations for regulated medical waste and sharps waste containers to
ensure packaging integrity during Postal Service handling and to
provide a greater level of safety for Postal Service employees and the
public.
[sbull] Standardization of the maximum weight limit in DMM C023 for
several different types of mailable hazardous materials as 25 pounds or
less. This change affects nonflammable compressed gases, matches,
regulated medical waste, sharps waste, and nonspillable wet batteries.
[sbull] Reinstatement of former DMM C024.18.0 (DMM Issue 56) with
revised text to clarify the mailability of odd-shaped items in paper
envelopes and to support the restrictions for harmful matter in DMM
C021. Additional clarifying text is also added to DMM C050.2.2d.
[sbull] Revisions to DMM F010 that prohibit the use of the
ancillary service endorsement ``Change Service Requested'' on Priority
Mail, First-Class Mail, Standard Mail, and Package Services mail
containing mailable hazardous materials under DMM C023. Also, a
revision to require a return or forwarding endorsement on Standard Mail
containing mailable hazardous materials.
These changes are effective June 12, 2003. However, mailers are
provided with a phase-in period through January 1, 2004, for
implementation of the new packaging requirements for diagnostic
specimen mailpieces using a business reply mail format and medical
waste mailpieces (including sharps waste) using a merchandise return
service format. This time period will allow mailers to exhaust any
existing packaging stock already in circulation.
The Postal Service believes that the adoption of the changes in
this final rule will help to ensure an acceptable level of security and
safety during Postal Service handling for the limited types and
quantities of hazardous materials that are permitted in the U.S. mail.
Based on the proposed rule, and after careful consideration of the
comments received, as described above, the Postal Service adopts the
following changes to the Domestic Mail Manual, which are incorporated
by reference in the Code of Federal Regulations. See 39 CFR part 111:

List of Subjects in 39 CFR Part 111

Administrative practice and procedure, Postal Service.

PART 111--[AMENDED]

0
1. The authority citation for 39 CFR part 111 continues to read as
follows:

Authority: 5 U.S.C. 552(a); 39 U.S.C. 101, 401, 403, 404, 414,
3001-3011, 3201-3219, 3403-3406, 3621, 3626, 5001.

0
2. Revise the following sections of the Domestic Mail Manual (DMM) as
follows:

Domestic Mail Manual (DMM)

* * * * *

C Characteristics and Content

C000 General Information

* * * * *

[[Page 33863]]

C020 Restricted or Nonmailable Articles and Substances

C021 Articles and Substances Generally

* * * * *
2.0 NONMAILABLE ARTICLES AND SUBSTANCES--GENERAL

2.1 Basic Information

[Delete the last two sentences of 2.1 and insert the following text
to read as follows:]
* * *The mailability standards that apply to perishable, hazardous, and
restricted matter are detailed in C022, C023, and C024, respectively.
Publication 52, Hazardous, Restricted, and Perishable Mail, contains
additional clarification and further describes the conditions of
preparation and packaging under which the USPS accepts for mailing
potentially harmful matter that is otherwise nonmailable. Publication
52 also contains detailed information on the mailability of specific
hazardous materials.
* * * * *
3.0 INJURIOUS AND HARMFUL ARTICLES

3.1 General

Except as provided in this document, any article, composition, or
material is nonmailable if it can kill or injure another or injure the
mail or other property. Harmful matter includes but is not limited to:
* * * * *
[Revise item b to read as follows:]
b. All poisonous animals except scorpions mailed for medical
research purposes or for the manufacture of antivenom; all poisonous
insects; all poisonous reptiles; and all types of snakes, turtles, and
spiders.
* * * * *

3.2 Hazardous Materials

[Revise the first sentence to read as follows:]
Harmful matter also includes regulated hazardous materials as
defined in C023 that are likely to harm USPS employees or to destroy,
deface, or otherwise damage mail or postal equipment.* * *
4.0 MARKING
* * * * *

4.2 Addressing

[Revise 4.2 to read as follows:]
For any matter mailed under the provisions in C020, the recipient's
name and address must be affixed or applied directly to the mailpiece
using a material or method that is not water-soluble and not easily
smeared or rubbed off. Except for diagnostic specimen mailpieces using
a business reply mail format and nonregulated materials, a return
address that includes the sender's name and address must appear on all
matter mailed under C020. The return address, when required, must be
applied using a material or method that is not water-soluble and not
easily smeared or rubbed off.

4.3 Warning Label

[Revise the last sentence in 4.3 to read as follows:]
* * *See C023 for the warning label requirements that apply to the
mailing of hazardous materials.
* * * * *

C023 Hazardous Materials

Summary
[Revise the Summary to read as follows:]
C023 describes the general standards, restrictions, and
prohibitions that apply to the mailability of hazardous materials.
1.0 GENERAL

1.1 Definitions

The following conditions apply:
[Revise the last sentence in item a to read as follows:]
a. * * *In international commerce, hazardous materials are known as
dangerous goods.
[At the end of item b, add a new sentence to read as follows:]
b. * * *Almost all limited quantity materials are nonmailable.
[At the end of item c, add a new sentence to read as follows:]
c. * * *ORM-D materials having the proper shipping name of
``consumer commodity'' are mailable subject to USPS quantity and
packaging standards.
* * * * *
[Revise items e and f to read as follows:]
e. Air transportation requirements, for the purposes of C023 only,
apply to all mailable hazardous materials sent at the First-Class Mail,
Priority Mail, or Express Mail rates. All mailable hazardous materials
sent at those rates must meet the requirements that apply to air
transportation. Mailable hazardous materials sent at any of those rates
may or may not be transported via air depending on the distance between
the point of origination and the point of destination, and the ability
of the USPS to obtain an air carrier between those points.
f. Surface transportation requirements, for the purposes of C023
only, apply to all mailable hazardous materials sent at the Standard
Mail or Package Services rates. All mailable hazardous materials sent
at the Standard Mail or Package Services rates must meet the
requirements that apply to surface transportation.
* * * * *
[Revise item h to read as follows:]
h. Secondary container is the packaging component into which the
primary receptacle(s) and any required absorbent and cushioning
material is securely placed. The packaging of certain mailable
hazardous materials does not require the use of a secondary container.
[Revise item i to read as follows:]
i. Outer shipping container is the exterior packaging component
into which a primary receptacle, along with any required absorbent and
cushioning material, and the secondary container (if required) are
securely placed. The outer shipping container bears the addressing
information along with all required markings.

1.2 U.S. Department of Transportation

[Revise 1.2 to read as follows:]
The U.S. Department of Transportation (DOT) regulates the surface
and air carriage of hazardous materials within the United States via
any means of transportation. The DOT regulations for the transport of
hazardous materials are codified in Title 49, Code of Federal
Regulations (49 CFR) 100-185. USPS mailing standards for hazardous
materials generally adhere to 49 CFR, but also include many additional
limitations and prohibitions.
[Renumber current 1.3 through 1.9 as new 1.4 through 1.10 and
insert new 1.3 to read as follows:]

1.3 USPS Standards

The USPS standards generally restrict the mailing of hazardous
materials to ORM-D materials with the proper shipping name of
``consumer commodity'' that meet USPS quantity limitations and
packaging requirements. The few non-ORM-D materials permitted to be
mailed are subject to the standards in C023. Detailed information on
the mailability of specific hazardous materials is contained in
Publication 52, Hazardous, Restricted, and Perishable Mail.

1.4 Hazard Class

* * * * *
[Renumber ``Exhibit 1.3 DOT Hazard Classes and Mailability
Summary'' as ``Exhibit 1.4 DOT Hazard Classes and Mailability
Summary.'']
* * * * *

[[Page 33864]]

1.6 Mailability Rulings

[In the first sentence, change ``package'' to ``mailpiece.'']

1.7 Warning Labels

[Change ``division 6.2 materials under 8.3'' to ``Division 6.2
materials under 8.5'' and ``as required in 1.7'' to ``as required in
1.8''.]

1.8 Package Markings

[Delete the last sentence in 1.8 and insert two new sentences to
read as follows:]
* * *The designation ``ORM-D'' or ``ORM-D AIR'', as required, must
be placed within a rectangle that is approximately 6.3 mm (\1/4\ inch)
larger on each side than the designation. Mailable ORM-D materials sent
as Standard Mail or Package Services must also be marked on the address
side as ``Surface Only'' or ``Surface Mail Only.''

1.9 Shipping Papers

[Revise 1.9 to read as follows:]
A shipper's declaration for dangerous goods (i.e., shipping paper)
prepared under 49 CFR 172.200 through 172.205 is required for certain
types of hazardous materials when mailed. The shipping paper must be
completed and signed in triplicate by the mailer. It must be affixed to
the outside of the mailpiece within an envelope or similar carrier that
can be easily opened and resealed to allow viewing of the document.
Shipping papers are required as follows:
a. Air transportation requirements. Except for nonregulated
materials sent under 8.3 or 8.10 and diagnostic specimens sent under
8.6, mailpieces containing mailable hazardous materials sent at the
First-Class Mail, Priority Mail, or Express Mail rates must include a
shipping paper.
b. Surface transportation requirements. Except for nonregulated
materials sent under 8.3 or 8.10 and mailable ORM-D materials,
mailpieces containing mailable hazardous materials sent at the Standard
Mail or Package Services rates must include a shipping paper.

1.10 Air Transportation Prohibitions

[Revise the first two sentences in 1.10 to read as follows (the
remainder of 1.10 is unchanged):]
All mailable hazardous materials sent at the First-Class Mail,
Priority Mail, or Express Mail rates must meet the requirements for air
transportation. The following types of hazardous materials that are
prohibited from carriage on air transportation must not be sent at the
First-Class Mail, Priority Mail, or Express Mail rates:
* * * * *
2.0 EXPLOSIVES (HAZARD CLASS 1)

2.1 Definition

[In the second sentence, change ``Exhibit 1.3'' to ``Exhibit
1.4''.]

2.2 Mailability

[In the second sentence, change ``division 1.4'' to ``Division
1.4S.'']
3.0 GASES (HAZARD CLASS 2)

3.1 Definition

[In item b, change ``division 2.1 or 2.3'' to ``Division 2.1 or
2.3''.]

3.2 Mailability

[In the second, third, and fourth sentences, change ``division'' to
``Division.'']

3.3 Container

[Revise 3.3 to read as follows:]
An other-than-metal primary receptacle containing a mailable gas
may be acceptable if the water capacity of the primary receptacle is 4
fluid ounces (7.22 cubic inches) or less per mailpiece and the primary
receptacle meets 49 CFR requirements. Mailable nonflammable and
flammable compressed gases are acceptable in metal primary receptacles
that have a water capacity up to 33.8 fluid ounces (1 liter or 61.0
cubic inches), depending on their internal pressure. A DOT 2P container
must be used as the primary receptacle if the internal pressure is from
140 to 160 psig at 130[deg]F (55[deg]C). A DOT 2Q container must be
used as the primary receptacle if the pressure is from 161 to 180 psig
at 130[deg]F (55[deg]C). A container with an internal pressure over 180
psig at 130[deg]F (55[deg]C) is prohibited from mailing. Mailable
flammable compressed gases are restricted to 33.8 fluid ounces (1
liter) per mailpiece. Mailable nonflammable compressed gases are
permitted in individual 33.8 fluid ounce (1 liter) containers that must
be securely packed within an outer shipping container. Each mailpiece
must not exceed a total weight of 25 pounds.

3.4 Marking

[In the first sentence, change ``Surface Mail Only'' to ````Surface
Only'' or ``Surface Mail Only.'''']
4.0 FLAMMABLE AND COMBUSTIBLE LIQUIDS (HAZARD CLASS 3)
* * * * *

4.2 Flammable Liquid Mailability

4.3 Combustible Liquid Mailability

[In items a and b, change ``secondary packaging'' to ``secondary
container''; change ``outer packaging'' to ``outer shipping
container''; and change ``Surface Mail Only'' to `` ``Surface Only'' or
``Surface Mail Only.'' '']
[Revise item c to read as follows:]
c. For air or surface transportation, if the flashpoint is above
200[deg]F (93[deg]C) the material is not regulated as a hazardous
material. Such nonregulated materials must be properly and securely
packaged to prevent leakage under the general packaging requirements in
C010.

4.4 Cigarette Lighters

[In the second sentence, change ``division 2.1'' to ``Division
2.1''.]
[In item c, change ``Surface Mail Only'' to `` ``Surface Only'' or
``Surface Mail Only.'' '']
5.0 FLAMMABLE SOLIDS (HAZARD CLASS 4)
* * * * *

5.2 Mailability

[Change ``outer packaging'' to ``outer shipping container'' and
change ``Surface Mail Only'' to `` ``Surface Only'' or ``Surface Mail
Only.'' '']

5.3 Matches

* * * * *
[Revise items c and d to read as follows:]
c. They are tightly packed in a securely sealed primary receptacle
to prevent any shifting or movement that could cause accidental
ignition by rubbing against adjoining items. The primary receptacle(s)
is placed securely within an outer shipping container made of
fiberboard, wood, or other equivalent material.
Multiple primary receptacles may be placed in a single outer
shipping container. The address side of the mailpiece must be marked
``Surface Only'' or ``Surface Mail Only'', and ``Book Matches'',
``Strike-on-Card Matches'', or ``Card Matches'', as appropriate. A
shipping paper is not required.
d. The gross weight of each mailpiece is not more than 25 pounds.

[[Page 33865]]

6.0 OXIDIZING SUBSTANCES, ORGANIC PEROXIDES (HAZARD CLASS 5)
* * * * *

6.2 Mailability

[Revise 6.2 to read as follows:]
Oxidizing substances and organic peroxides are prohibited in
international mail. For domestic mail, a material that can qualify as
an ORM-D material is permitted via air or surface transportation.
Liquid materials must be enclosed within a primary receptacle having a
capacity of 1 pint or less; the primary receptacle(s) must be
surrounded by absorbent cushioning material and held within a leak-
resistant secondary container that is packed within a strong outer
shipping container. Solid materials must be contained within a primary
receptacle having a weight capacity of 1 pound or less; the primary
receptacle(s) must be surrounded with cushioning material and packed
within a strong outer shipping container. Each mailpiece may not exceed
a total weight of 25 pounds. The address side of each mailpiece must be
plainly and durably marked with ``ORM-D AIR'' or ``ORM-D,'' as
applicable, immediately following or below the proper shipping name. A
mailable Class 5 material sent via surface transportation must be
marked ``Surface Mail'' or ``Surface Mail Only'' on the address side. A
mailable material sent via air transportation must bear a shipper's
declaration for dangerous goods.
7.0 TOXIC SUBSTANCES (HAZARD CLASS 6, DIVISION 6.1)

7.1 Definitions

[In the first sentence, change ``division 6.1'' to ``Division
6.1''.]

7.2 Mailability

[In the second sentence, change ``division 6.1'' to ``Division
6.1''.]

7.3 Authorized Parties

[In the first sentence, change ``division 6.1'' to ``Division
6.1''.]

7.4 Packaging and Marking

[In item a, change ``inner receptacle(s)'' to ``primary
receptacle(s)''; change ``secondary packaging'' to ``secondary
container''; change ``outer packaging'' to ``outer shipping
container''; and change ``Surface Mail Only'' to `` ``Surface Only'' or
``Surface Mail Only.'' '']
[In item b, change ``secondary leakproof (for liquids) or siftproof
(for solids) packaging'' to ``leakproof (for liquids) or siftproof (for
solids) secondary container''; change ``secondary packaging'' to
``secondary container''; change ``outer packaging'' to ``outer shipping
container''; and change ``Surface Mail Only'' to `` ``Surface Only'' or
``Surface Mail Only.'' '']
* * * * *
8.0 INFECTIOUS SUBSTANCES (HAZARD CLASS 6, DIVISION 6.2)
[Revise 8.0 to read as follows:]

8.1 General

The materials covered under Division 6.2 include infectious
substances (i.e., etiologic agents), biological products, cultures and
stocks, diagnostic (clinical) specimens, regulated medical waste,
sharps waste, toxins, and used health care products. Division 6.2
materials are not permitted in international mail or domestic mail,
except when they are intended for medical or veterinary use, research,
or laboratory certification related to the public health; and only when
such materials are properly prepared for mailing to withstand shocks,
pressure changes, and other conditions related to ordinary handling in
transit. Mailable Division 6.2 materials sent as international mail
must meet the standards in International Mail Manual 135. For domestic
mail, mailable Division 6.2 materials must meet the applicable
standards in 8.0. Unless otherwise noted, all mailable Division 6.2
materials in Risk Groups 2, 3, or 4 must be prepared to meet the
requirements for air transportation.

8.2 Definitions

The terms used in the standards for Division 6.2 materials are
defined as follows:
a. Division 6.2 (infectious substance) means a material known to
contain or suspected of containing a pathogen. A pathogen is a virus or
microorganism (including its viruses, plasmids, or other genetic
elements, if any) or a proteinaceous infectious particle (prion) that
has the potential to cause disease in humans or animals. A Division 6.2
material must be assigned to a risk group as defined in 8.2f.
Assignment to a risk group is based on the known medical condition and
history of the source patient or animal, endemic local conditions,
symptoms of the source patient or animal, or professional judgment
concerning individual circumstances of the source patient or animal.
Infectious substances are subject to applicable requirements in 42 CFR
part 72 (Interstate Shipment of Etiologic Agents).
b. Biological product means a virus, therapeutic serum, toxin,
antitoxin, vaccine, blood, blood component or derivative, allergenic
product, or analogous product used in the prevention, diagnosis,
treatment, or cure of diseases in humans or animals. A biological
product includes a material manufactured and distributed in accordance
with one of the following provisions: 9 CFR part 102 (Licenses for
Biological Products); 9 CFR part 103 (Experimental Products,
Distribution, and Evaluation of Biological Products Prior to
Licensing); 9 CFR part 104 (Permits for Biological Products); 21 CFR
part 312 (Investigational New Drug Application); 21 CFR part 314
(Applications for FDA Approval to Market a New Drug); 21 CFR part 600-
680 (Biologics); or 21 CFR part 812 (Investigational Device
Exemptions). A biological product known to contain or suspected of
containing a pathogen in Risk Group 2, 3, or 4 must be classed as
Division 6.2, described as an infectious substance, and assigned to UN
2814 or UN 2900, as appropriate, unless otherwise excepted by standard.
c. Cultures and stocks means a material prepared and maintained for
growth and storage and containing a Risk Group 2, 3, or 4 infectious
substance.
d. Diagnostic (clinical) specimen means any human or animal
material, including excreta, secreta, blood and its components, tissue,
and tissue fluids being transported for diagnostic or investigational
purposes, but excluding live infected animals. A diagnostic specimen is
not assigned a UN identification number unless the source patient or
animal has or may have a serious human or animal disease from a Risk
Group 4 pathogen, in which case it must be classed as Division 6.2,
described as an infectious substance, and assigned to UN 2814 or UN
2900, as appropriate. Assignment to UN 2814 or UN 2900 is based on
known medical condition and history of the patient or animal, endemic
local conditions, symptoms of the source patient or animal, or
professional judgment concerning individual circumstances of the source
patient or animal.
e. Regulated medical waste, for USPS purposes, means a soft waste
material (other than a sharp) known to contain or suspected of
containing an infectious substance in Risk Group 2 or 3 and generated
in the diagnosis, treatment, or immunization of human beings or
animals; research on the diagnosis, treatment, or immunization of human
beings or animals; or the production or testing of biological products.
Soft medical waste includes items such as

[[Page 33866]]

used rubber gloves, swabs, gauze, tongue depressors, etc. Regulated
medical waste classified in Risk Group 4 is nonmailable.
f. Risk group means a ranking of a microorganism's ability to cause
injury through disease. A risk group is defined by criteria developed
by the World Health Organization (WHO) that are based on the severity
of the disease caused by the organism, the mode and relative ease of
transmission, the degree of risk to both an individual and a community,
and the reversibility of the disease through the availability of known
and effective preventive agents and treatment. There is no relationship
between a risk group and a DOT packing group. Assignment to a risk
group is based on the known medical condition and history of the source
patient or animal, endemic local conditions, symptoms of the source
patient or animal, or professional judgment concerning individual
circumstances of the source patient or animal. The sender is
responsible for accurately ranking a mailable material within the
correct risk group. Exhibit 8.2f details the criteria for each risk
group according to the level of risk.

Exhibit 8.2f Risk Group Criteria

----------------------------------------------------------------------------------------------------------------
Risk group Pathogen Risk to individuals Risk to community
----------------------------------------------------------------------------------------------------------------
4.............. A pathogen that usually causes serious human or High.................. High.
animal disease and that can be readily
transmitted from one individual to another,
directly or indirectly, and for which
effective treatments and preventive measures
are not usually available.
3.............. A pathogen that usually causes serious human or High.................. Low.
animal disease but does not ordinarily spread
from one infected individual to another, and
for which effective treatments and preventive
measures are available.
2.............. A pathogen that can cause human or animal Moderate.............. Low.
disease but is unlikely to be a serious
hazard, and, while capable of causing serious
infection on exposure, for which there are
effective treatments and preventive measures
available and the risk of spread of infection
is limited.
1.............. A microorganism that is unlikely to cause human None or Very Low...... None or Very Low.
or animal disease. A material containing only
such microorganisms is not subject to
regulation as a hazardous material, but it is
subject to the packaging requirements in 8.10,
unless otherwise noted in 8.0.
----------------------------------------------------------------------------------------------------------------

g. Sharps, for USPS purposes, means any object contaminated with a
pathogen or that may become contaminated with a pathogen through
handling or during transportation and that is also capable of cutting
or penetrating skin or a packaging material. Sharps include used
medical waste such as needles, syringes, scalpels, broken glass,
culture slides, culture dishes, broken capillary tubes, broken rigid
plastic, and exposed ends of dental wires. Sharps waste classified in
Risk Group 4 is nonmailable.
h. Toxin means a Division 6.1 material from a plant, animal, or
bacterial source. A toxin containing an infectious substance or a toxin
contained in an infectious substance must be classed as Division 6.2,
described as an infectious substance, and assigned to UN 2814 or UN
2900, as appropriate.
i. Used health care product means a medical, diagnostic, or
research device or piece of equipment, or a personal care product used
by consumers, medical professionals, or pharmaceutical providers that
does not meet the definition of a diagnostic specimen, biological
product, regulated medical waste, or sharps waste, is contaminated with
potentially infectious body fluids or materials, and is not
decontaminated or disinfected to remove or mitigate the infectious
hazard prior to transportation. A used health care product classified
in Risk Group 4 is nonmailable.

8.3 Nonregulated Materials

The following materials are not subject to regulation as Division
6.2 hazardous materials and are mailable when the packaging
requirements in 8.10 are met:
a. A diagnostic (clinical) specimen known to contain or suspected
of containing a microorganism in Risk Group 1, or that does not contain
a pathogen. Also, a diagnostic specimen in which the pathogen has been
neutralized or inactivated so that exposure to it cannot cause disease.
b. A biological product known to contain or suspected of containing
a microorganism in Risk Group 1, or that does not contain a pathogen.
Also any biological product, including an experimental product or
component of a product, subject to Federal approval, permit, or
licensing requirements, such as those required by the Food and Drug
Administration (FDA) of the Department of Health and Human Services
(HHS) or the U.S. Department of Agriculture (USDA).
c. Blood collected for blood transfusion or the preparation of
blood products; blood products; tissues intended for use in surgical
procedures; and human cell, tissues, and cellular and tissue-based
products regulated under authority of the Public Health Service Act
and/or the Food, Drug, and Cosmetic Act. Also, blood collected for
blood transfusion or the preparation of blood products and sent for
testing as part of the collection process, except where the person
collecting the blood has reason to believe it contains a pathogen in
Risk Group 2 or 3, in which case the test sample must be packaged under
8.6.
d. A material, including a Division 6.2 waste, that previously
contained an infectious substance that has been treated by steam
sterilization, chemical disinfection, or other appropriate method, so
it no longer meets the definition of an infectious substance in Risk
Group 2, 3, or 4.
e. Forensic material in Risk Group 1 transported on behalf of a
U.S. government, state, local, or Indian tribal government agency.
f. Environmental microbiological samples, such as samples of dust
from a ventilation system or mold from a wallboard, collected to
evaluate occupational and residential exposure risks.

8.4 Packaging--General

All materials mailable under the provisions in 8.0 must be properly
packaged. Exhibit 8.4a lists the specific reference in 8.0 under which
each type of mailable material must be packaged.

[[Page 33867]]

Exhibit 8.4A Packaging References for Materials Mailable Under 8.0

----------------------------------------------------------------------------------------------------------------
Risk group
Material ------------------------------------------------
1 2 3 4
----------------------------------------------------------------------------------------------------------------
Blood for Transfusion.......................................... 8.10 8.6 8.6 nm
Biological Product............................................. 8.10 8.5 8.5 8.5
Culture or Stock............................................... 8.10 8.5 8.5 8.5
Diagnostic Specimen............................................ 8.10 8.6 8.6 8.5
Division 6.2 (Infectious Substance)............................ 8.10 8.5 8.5 8.5
Forensic Material.............................................. 8.10 8.9 8.9 8.5
Regulated Medical Waste........................................ 8.7 8.7 8.7 nm
Sharps Waste................................................... 8.7 8.7 8.7 nm
Toxin (Division 6.2)........................................... 8.10 8.5 8.5 8.5
Treated Medical Waste.......................................... 8.10 n/a n/a n/a
Used Health Care Product....................................... 8.8 8.8 8.8 nm
----------------------------------------------------------------------------------------------------------------
nm--nonmailable.
n/a--not applicable.

8.5 Packaging of Division 6.2 Infectious Substances

Division 6.2 materials include infectious substances (etiologic
agents), biological products, cultures or stocks, and toxins known or
suspected to contain a Risk Group 2, 3, or 4 pathogen. It also includes
diagnostic specimens known or suspected to contain a Risk Group 4
pathogen. The packaging of Division 6.2 infectious substances is
subject to these standards:
a. All Division 6.2 materials must meet the packaging requirements
in 49 CFR 173.196. Either the primary receptacle or the secondary
container must be capable of withstanding, without leakage, an internal
pressure that produces a pressure differential of not less than 0.95
bar, 14 psi (95 kPa), and temperatures in the range of -40[deg]F to
131[deg]F (-40[deg]C to 55[deg]C) as required by 49 CFR 173.196.
b. The material must be packaged in a securely sealed and
watertight primary receptacle (test tube, vial, etc.) that is enclosed
in another watertight and durable secondary container that is securely
sealed. Several primary receptacles may be enclosed in the secondary
container if there is adequate cushioning material between them to
prevent breakage during normal handling, and if the total volume of the
material in all enclosed primary receptacles does not exceed 50 ml for
liquids or 50 g for solids. The primary receptacle(s) and the secondary
container must be marked with the international biohazard symbol as
shown in Exhibit 8.7c(2).
c. The space between the primary receptacle(s) and the secondary
container at the top, bottom, and sides must contain enough absorbent
material to take up the entire contents of the primary receptacle(s) in
case of breakage or leakage.
d. The primary receptacle(s) and the secondary container must be
securely enclosed in an outer shipping container constructed of
fiberboard or other equivalent material. No external surface of the
outer shipping container may be less than 3.9 inches (100 mm) as
required by 49 CFR 173.196. An itemized list of the contents of the
primary receptacle(s) must be enclosed between the secondary container
and the outer shipping container.
e. Each mailpiece must be designed and constructed so that, if it
were subject to the environmental and test conditions in 49 CFR
178.609, there would be no release of the contents to the environment
and no significant reduction in the effectiveness of the packaging.
f. All mailpieces sent under 8.5 must be sent First-Class Mail or
Priority Mail and must be marked on the address side with the proper
shipping name and UN number of the material (e.g., ``UN 2814,
Infectious Substances, Affecting Humans'' or ``UN 2900, Infectious
Substances, Affecting Animals''). Each mailpiece must bear a DOT Class
6 label for infectious substances (etiologic agents), proper UN package
specification markings, and orientation markings. A shipping paper is
required. Any mailpiece classified as a Risk Group 4 material and that
contains any of the select agents or toxins listed in 42 CFR 73.4 or
73.5 must meet all requirements in 42 CFR 72 and must also be sent
using Registered Mail service.
g. Articles that include dry ice as a refrigerant for the
infectious substance must meet the requirements in 49 CFR
173.196(b)(2)(ii).

8.6 Packaging for Diagnostic Specimens in Risk Group 2 or 3

A diagnostic (clinical) specimen known or suspected to contain a
Risk Group 4 pathogen must be packaged under 8.5. A diagnostic specimen
classified in Risk Group 1 must be packaged under 8.10. A diagnostic
specimen classified in Risk Group 2 or 3 and that meets the definition
in 8.2d must be sent as First-Class Mail, Priority Mail, or Express
Mail. Such materials must be packaged in a triple packaging, consisting
of a primary receptacle, secondary container, and outer shipping
container, subject to the following specific requirements:
a. Liquid Diagnostic (Clinical) Specimens.
(1) The specimen must be contained in a leakproof and securely
sealed primary receptacle. A single primary receptacle may not contain
more than 500 ml of a specimen. Multiple primary receptacles are
permitted in a single mailpiece if the mailpiece does not contain more
than 4,000 ml. The primary receptacle(s) must be surrounded with
sufficient cushioning material to withstand shock and pressure changes
and with absorbent material capable of taking up the entire liquid
contents should the primary receptacle(s) leak.
(2) The primary receptacle(s) and the absorbent material must be
securely packed within a secondary container in such a way that, under
normal conditions of transport, the primary receptacle cannot break, be
punctured, or leak its contents into the secondary container.
(3) The secondary container must be leakproof, securely sealed, and
placed within a strong outer shipping container having suitable
cushioning material such that any leakage of the contents does not
impair the protective properties of the cushioning material or the
outer shipping container. The secondary container must be marked with
the international biohazard symbol as shown in Exhibit 8.7c(2).
(4) The primary receptacle(s) or the secondary container must be
capable of withstanding, without leakage, an internal pressure
producing a pressure differential of not less than 0.95 bar, 14 psi (95
kPA). The completed mailpiece must be capable of successfully passing

[[Page 33868]]

the drop test in 49 CFR 178.603 at a drop height of at least 1.2 meters
(3.9 feet). The address side of the outer shipping container must be
clearly and durably marked ``Diagnostic Specimen.'' A shipping paper is
not required.
b. Solid (or Dried) Diagnostic Specimens.
(1) The primary receptacle must be siftproof with a capacity of not
more than 500 g (1.1 pounds).
(2) If several fragile primary receptacles are placed in a single
secondary container, they must be individually wrapped or separated
with sufficient cushioning material to prevent contact between them.
The secondary container must be siftproof to contain the contents
should the primary receptacle(s) leak. The secondary container must be
marked with the international biohazard symbol as shown in Exhibit
8.7c(2).
(3) The outer shipping container may not exceed 4 kg (8.8 pounds)
capacity. The outer shipping container must be clearly and durably
marked ``Diagnostic Specimen.'' A shipping paper is not required.

8.7 Sharps Waste and Other Mailable Regulated Medical Waste

Regulated medical waste and sharps waste known to contain or
suspected of containing an infectious substance in Risk Group 4 are
nonmailable. Regulated medical waste and sharps waste as defined in
8.2e and 8.2g, respectively, and classified in Risk Group 1, 2, or 3
are permitted for mailing only using merchandise return service (see
S923) with First-Class Mail or Priority Mail, subject to the following
requirements:
a. Authorization. Each distributor or manufacturer of a complete
regulated medical waste or sharps waste mailing container system
(including all component parts required to safely mail such waste to a
storage or disposal facility) must obtain authorization from the USPS
prior to mailing. Before applying for authorization, each type of
mailing container system must be tested and certified under the
standards in 8.7d by an independent testing facility. The manufacturer
or distributor in whose name the authorization is being sought must
submit a written request to the manager, Mailing Standards, USPS
Headquarters (see G043 for address). The request for authorization must
contain the following:
(1) An irrevocable $50,000 surety bond or letter of credit as proof
of sufficient financial responsibility to cover disposal costs if the
manufacturer (or distributor) ceases doing business before all its
waste container systems are disposed of or to cover cleanup costs if
spills occur while the containers are in USPS possession. The surety
bond or letter of credit must be issued in the name of the manufacturer
or distributor seeking the authorization and must name the USPS as the
beneficiary or obligee, as appropriate.
(2) Address of the headquarters or general business office of the
distributor or manufacturer seeking the authorization.
(3) Address of each disposal and storage site.
(4) List of all types of mailing container systems to be covered by
the request, a complete sample of each mailing container system, and
proof of package testing certifications performed by the independent
testing facility that subjected the packaging materials to the testing
requirements in 8.7d.
(5) Copy of the proposed waste manifest (i.e., shipping paper) to
be used with each mailing container system.
(6) 24-hour toll free telephone number for emergencies.
(7) List of the types of waste to be mailed for disposal in each
mailing container system.
(8) Copy of the merchandise return service label to be used with
each mailing container system.
b. Packaging. Regulated medical waste and sharps waste in Risk
Group 4 are nonmailable. A waste material treated by steam
sterilization, chemical disinfection, or other appropriate method, so
it no longer meets the definition of an infectious substance in Risk
Group 2, 3, or 4, must be packaged under 8.10. The packaging for
regulated medical waste and sharps waste in Risk Group 1, 2, or 3 is
subject to these standards:
(1) Regulated medical waste and sharps waste meeting the
definitions in 8.2e and 8.2g, respectively, must be collected in a
rigid, securely sealed, and leakproof primary receptacle. For sharps
waste, the primary receptacle must also be puncture-resistant and may
not have a maximum capacity that exceeds 3 gallons in volume. For
regulated medical waste, the primary receptacle may not have a maximum
capacity that exceeds 5 gallons in volume. Each primary receptacle may
not contain more than 50 ml (1.66 ounces) of residual waste liquid.
Each primary receptacle must display the international biohazard symbol
shown in Exhibit 8.7c(2). Each primary receptacle must maintain its
integrity when exposed to temperatures between 0[deg] and 120[deg]F.
(2) The primary receptacle must be packaged within a watertight
secondary container or containment system. The secondary container may
consist of more than one component. If one of the components is a
plastic bag, it must be at least 3 mil in thickness and be used in
conjunction with a strong fiberboard box. A plastic bag by itself does
not meet the requirement for a secondary container. Several primary
receptacles may be enclosed in a secondary container. The primary
receptacle(s) must fit securely and snugly within the secondary
container to prevent breakage during ordinary processing.
(3) The secondary container must be enclosed in a strong outer
shipping container constructed of 200-pound grade corrugated
fiberboard. The joints and flaps of the outer shipping container must
be securely taped, glued, or stitched to maintain the integrity of the
container. When tape or glue is used to secure an outer shipping
container, the material must be water-resistant. Fiberboard boxes with
interlock bottom flaps (i.e., easy-fold) are not permitted as outer
shipping containers unless reinforced with water-resistant tape. The
secondary container must fit securely and snugly within the outer
shipping container to prevent breakage during ordinary processing.
(4) There must be enough material within a watertight barrier to
absorb and retain three times the total liquid allowed within the
primary receptacle (150 ml per primary receptacle) in case of leakage.
(5) Each mailpiece must not weigh more than 25 pounds.
(6) In each mailing container system, the authorized manufacturer
or distributor must include a step-by-step instruction sheet that
clearly details the proper sequence and method of container system
assembly prior to mailing to prevent package failure during transport
due to improper assembly. The instruction sheet must also include a
customer service telephone number, or provide specific information on
where such a telephone number is located elsewhere on the container
system, for third-party end users to contact if they have assembly
questions or find a component part is missing.
c. Mailpiece Labeling, Marking, and Documentation. Regulated
medical waste and sharps waste must meet the following requirements:
(1) Each primary receptacle and outer shipping container must bear
a label, which cannot be detached intact, showing: (a) The company name
of the manufacturer or the distributor to which the mailing
authorization is issued; (b) the USPS Authorization Number, and; (c)
the container ID number (or unique model number) signifying that the

[[Page 33869]]

packaging material is certified and that the manufacturer or
distributor obtained the authorization required by 8.7a.
(2) The primary receptacle(s) and the outer shipping container must
bear the international biohazard symbol in black with either a
fluorescent orange or fluorescent red background as shown in Exhibit
8.7c(2).
[GRAPHIC] [TIFF OMITTED] TR06JN03.014

(3) Each mailpiece must have a four-part waste manifest, which also
serves as the shipping paper. The manifest must be affixed to the
outside of the mailpiece in an envelope or similar carrier that can be
easily opened and resealed to allow review of the document. The
manifest must comply with all applicable requirements imposed by the
laws of the state from which the container system is mailed. At a
minimum, the information in Exhibit 8.7c(3) must be on the manifest.

Exhibit 8.7c(3)
Manifest for Regulated Medical Waste and Sharps Waste Containers
------------------------------------------------------------------------
1. Generator (Mailer):
------------------------------------------------------------------------
a. Name.
b. Complete address (not a Post Office box).
c. Telephone number.
d. Description of contents of mailing container. ``Regulated Medical
Waste'' or ``Regulated Medical Waste--Sharps'' is required as
appropriate.
e. Date container was mailed.
f. State permit number of approved facility in which contents are to
be disposed of.
------------------------------------------------------------------------
2. Destination Facility (Disposal Site)
------------------------------------------------------------------------
Complete address (not a Post Office box).
------------------------------------------------------------------------
3. Generator's (Mailer's) Certification
------------------------------------------------------------------------
The following certification statement must be printed on manifest:
``I certify that this container has been approved for the mailing
of [insert either ``regulated medical waste'' or ``sharps waste,''
as appropriate], has been prepared for mailing in accordance with
the directions for that purpose, and does not contain excess liquid
or nonmailable material in violation of the applicable Postal
Service regulations. I AM AWARE THAT FULL RESPONSIBILITY RESTS WITH
THE GENERATOR (MAILER) FOR ANY VIOLATION OF 18 USC 1716 WHICH MAY
RESULT FROM PLACING IMPROPERLY PACKAGED ITEMS IN THE MAIL. I also
certify that the contents of this consignment are fully and
accurately described above by proper shipping name and are
classified, packed, marked, and labeled, and in proper condition
for carriage by air according to the national governmental
regulations.''
This statement must be followed by printed or typewritten name of
generator (mailer), signature of generator, and date signed.
------------------------------------------------------------------------
4. Destination Facility (Storage or Disposal Site)
------------------------------------------------------------------------
The following certification statement of receipt, treatment, and
disposal must be printed on manifest: ``I certify that the contents
of this container have been received, treated, and disposed of in
accordance with all local, state, and federal regulations.''
This statement must be followed by printed or typewritten name of an
authorized recipient at destination facility, signature of
authorized recipient, and date signed.
------------------------------------------------------------------------
5. Transporter Intermediate Handler Other Than the Postal Service (If
Different From Destination Facility)
------------------------------------------------------------------------
a. Name.
b. Complete address (not a Post Office box).
c. Printed or typewritten name of transporter or intermediate
handler.
d. Signature of transporter or intermediate handler and date signed.
------------------------------------------------------------------------
6. Serialized Waste Manifests
------------------------------------------------------------------------
Each waste manifest or mail disposal service shipping record must be
serialized using a unique numbering system for identification
purposes.
------------------------------------------------------------------------
7. Comment Area
------------------------------------------------------------------------
Each manifest must contain an area designated for entering comments
or noting discrepancies.
------------------------------------------------------------------------

[[Page 33870]]

8. Completion and Distribution of Waste Manifest
------------------------------------------------------------------------
Each manifest must contain instructions for properly completing the
four-part form. Copies of the form must be distributed as follows:
a. One copy must be kept by generator (mailer).
b. One copy must be kept by transporter or intermediate handler for
90 days.
c. One copy must be kept by destination facility for 90 days.
d. One copy must be mailed to generator by destination facility.
------------------------------------------------------------------------
9. Emergency Telephone Number
------------------------------------------------------------------------
Each manifest must bear the following statement with appropriate
information: ``IN CASE OF EMERGENCY, OR THE DISCOVERY OF DAMAGE OR
LEAKAGE, CALL 1-800--.''
------------------------------------------------------------------------

(4) The outer shipping container must bear a properly prepared
merchandise return service label (see S923). The merchandise return
service permit must be held in the same name as that of the authorized
medical waste mailer.
(5) The outer shipping container must be marked on two opposite
side walls with the package orientation marking in 49 CFR 173.312 to
identify the proper upright position of the mailpiece during handling.
(6) Mailpieces containing regulated medical waste or sharps waste
must be marked on the address side with the correct UN number and
proper shipping name (e.g., ``Regulated Medical Waste, UN 3291'' or
``Regulated Medical Waste--Sharps, UN 3291'').
d. Package Testing. Testing must be performed by an independent
testing facility on one sample of each type of mailing container system
to prove compliance with 8.7a. The sample mailing container system must
withstand the tests in 49 CFR 178.604 (leakproof test), 178.606
(stacking test), 178.608 (vibration standard), and 178.609(e), (f), and
(h) (test requirements for packaging for infectious substances). In
addition, the absorbent material must withstand an absorbency test that
satisfies the requirements in 8.7b(4). The test results must show that
if every container system prepared for mailing were to be subject to
the environmental and test conditions in 49 CFR, there would be no
release of the contents to the environment and no significant reduction
in the effectiveness of the packaging. Periodic retesting must be
performed whenever a change is made to the design of the container
system or every 24 months, whichever occurs first.

8.8 Packaging of Used Health Care Products

A used health care product known or suspected to contain a Risk
Group 4 pathogen is nonmailable. A used health care product meeting the
definition in 8.2i, classified in Risk Group 1, 2, or 3, and being
returned to the manufacturer or manufacturer's designee is mailable as
First-Class Mail, Priority Mail, or Express Mail subject to the
following packaging requirements:
a. Each used health care product must be drained of liquid to the
extent possible and placed in a watertight primary receptacle designed
and constructed to ensure that it remains intact under normal
conditions of transport. For a used health care product capable of
cutting or penetrating skin or packaging material, the primary
receptacle must be capable of retaining the product without puncture of
the packaging under normal conditions of transport. The primary
receptacle must be marked with the international biohazard symbol as
shown in Exhibit 8.7c(2).
b. Each primary receptacle must be placed inside a watertight
secondary container designed and constructed to ensure that it remains
intact under normal conditions of transport. The secondary container
must also be marked with the international biohazard symbol as shown in
Exhibit 8.7c(2).
c. The secondary container must be placed inside an outer shipping
container with sufficient cushioning material to prevent movement
between the secondary container and the outer shipping container. An
itemized list of the contents of the primary receptacle and information
concerning possible contamination with a Division 6.2 material,
including its possible location on the product, must be placed between
the secondary container and the outer shipping container. A shipping
paper and a content marking on the outer shipping container are not
required.

8.9 Packaging of Forensic Material in Risk Groups 2 and 3

Forensic material in Risk Group 1 sent on behalf of a U.S.
government, state, local, or Indian tribal government agency must be
packaged under 8.10. Forensic material known or suspected to contain a
Risk Group 4 infectious substance must be packaged under 8.5. Forensic
material known or suspected to contain a Risk Group 2 or 3 pathogen is
mailable as First-Class Mail, Priority Mail, or Express Mail when
packaged in a triple packaging, consisting of a primary receptacle,
secondary container, and outer shipping container as follows:
a. The forensic material must be held within a securely sealed
primary receptacle. The primary receptacle must be surrounded by
sufficient absorbent material (for liquids) and cushioning material to
protect the primary container from breakage. The absorbent material
must be capable of taking up the entire liquid contents of the primary
receptacle in case of leakage. The primary receptacle must be marked
with the international biohazard symbol as shown in Exhibit 8.7c(2).
b. The primary receptacle and the absorbent and cushioning material
must be enclosed in a watertight and securely sealed secondary
container. The secondary container must also display the international
biohazard symbol as shown in Exhibit 8.7c(2).
c. The secondary container must be firmly and snugly packed within
a strong outer shipping container that is securely sealed. A shipping
paper and a content marking on the outer shipping container are not
required.

8.10 Packaging for Risk Group 1 Materials

Division 6.2 materials in Risk Group 1 are not subject to
regulation as hazardous materials (see 8.3), but when presented for
mailing they must be properly packaged. Regulated medical waste, sharps
waste, and used health care products classified in Risk Group 1 must be
packaged and mailed under the applicable requirements in 8.7 or 8.8.
All other Risk Group 1 materials are mailable as First-Class Mail,
Priority Mail, Express Mail, or Package Services. Such materials must
be held within a securely sealed primary receptacle. The primary
receptacle must be surrounded by sufficient absorbent material (for
liquids) and cushioning material to protect the primary receptacle from
breakage. The absorbent material must be capable of taking up the
entire liquid contents of the primary receptacle in case of leakage.
Either the primary receptacle or the inner packaging must be marked
with the international

[[Page 33871]]

biohazard symbol as shown in Exhibit 8.7c(2). The primary receptacle
and the absorbent and cushioning material must be snugly enclosed in a
strong outer shipping container that is securely sealed. A shipping
paper and a content marking on the outer shipping container are not
required. Risk Group 1 diagnostic specimens and biological products are
subject to the following packaging standards:
a. Liquid Diagnostic (Clinical) Specimens and Biological Products.
A diagnostic (clinical) specimen in Risk Group 4 or a biological
product in Risk Group 2, 3, or 4 must be packaged under 8.5. A
diagnostic specimen in Risk Group 2 or 3 must be packaged under 8.6.
The packaging of a diagnostic specimen in Risk Group 1 (e.g., a urine
specimen or blood specimen used in drug-testing programs or for
insurance purposes) or a biological product (e.g., polio vaccine) in
Risk Group 1 is subject to the following standards:
(1) Not Exceeding 50 ml. A diagnostic specimen or biological
product consisting of 50 ml or less per mailpiece must be packaged in a
securely sealed primary receptacle. Two or more primary receptacles
whose combined volume does not exceed 50 ml may be enclosed within a
single mailpiece. Sufficient absorbent material and cushioning material
to withstand shock and pressure changes must surround the primary
receptacle(s), or be otherwise configured to take up the entire liquid
contents in case of leakage. The primary receptacle(s) and the
absorbent cushioning must be enclosed in a secondary container having a
leakproof barrier that can prevent failure of the secondary container
if the primary receptacle(s) should leak during transport. The
secondary container must be securely sealed and it may serve as the
outer shipping container provided it has sufficient strength to
withstand ordinary postal processing. The secondary container must be
marked with the international biohazard symbol as shown in Exhibit
8.7c(2), except when the secondary packaging also serves as the outer
shipping container. In that case, the biohazard symbol must appear
either on the inner packaging or on the primary container. A shipping
paper and a content marking on the outer shipping container are not
required.
(2) Exceeding 50 ml. A clinical specimen or biological product that
exceeds 50 ml must be packaged in a securely sealed primary receptacle.
A single primary receptacle must not contain more than 500 ml of
specimen. Two or more primary receptacles whose combined volume does
not exceed 500 ml may be enclosed in a single secondary container.
Sufficient absorbent material and cushioning material to withstand
shock and pressure changes must surround the primary receptacle(s), or
be otherwise configured to take up the entire liquid contents in case
of leakage. The primary receptacle(s) and the absorbent cushioning must
be enclosed in a secondary container having a leakproof barrier that
can prevent failure of the secondary container if the primary
receptacle(s) should leak during transport. The secondary container
cannot serve as the outer shipping container. The secondary container
must be marked with the international biohazard symbol as shown in
Exhibit 8.7c(2). The secondary container must be securely and snugly
enclosed in a fiberboard box or container of equivalent strength that
serves as the outer shipping container. The maximum amount of a
specimen that may be enclosed in a single mailpiece must not exceed
4,000 ml. A shipping paper and a content marking on the outer shipping
container are not required.
b. Solid (or Dried) Specimens. A solid or dry specimen, such as a
saliva swab, blood spot, or fecal smear in Risk Group 1 must be
completely dried prior to placing it in or on a secure primary
receptacle. Cushioning material to withstand shock and pressure changes
is only required if the dry specimen is held in a breakable primary
receptacle. When required, the cushioning material must surround the
primary receptacle to prevent breakage or damage to the primary
receptacle. The primary receptacle (and cushioning material, if
required) must be enclosed in a secondary container having a leakproof
barrier that can prevent failure of the secondary container if the
primary receptacle breaks during shipment. The secondary container must
be securely sealed and it may serve as the outer shipping container
provided it has sufficient strength to withstand ordinary postal
processing. The secondary container must be marked with the
international biohazard symbol as shown in Exhibit 8.7c(2), except when
the secondary packaging also serves as the outer shipping container. In
that case, the biohazard symbol must appear either on the inner
packaging or on the primary container. A shipping paper and a content
marking on the outer shipping container are not required.
9.0 RADIOACTIVE MATERIALS (HAZARD CLASS 7)
[Change ``Publication 52, Acceptance of Hazardous, Restricted, or
Perishable Matter'' to ``Publication 52, Hazardous, Restricted, or
Perishable Mail.'']
10.0 CORROSIVES (HAZARD CLASS 8)
* * * * *

10.2 Mailability

[In item a, change ``secondary packagings'' to ``secondary
containers''; change ``secondary packaging'' to ``secondary
container''; and change ``outer packaging'' to ``outer shipping
container''.]
[In item b, change ``secondary packaging'' to ``secondary
container'' and change ``outer packaging'' to ``outer shipping
container''.]

10.3 Marking

[In the first sentence, change ``Surface Mail Only'' to ``
``Surface Only'' or ``Surface Mail Only.'' '']

10.4 Nonspillable Wet Electric Storage Batteries

* * * * *
[Revise item a to read as follows:]
a. The nonspillable battery must be protected from short circuits,
surrounded with sufficient cushioning material, and securely packaged
in a strong fiberboard box that serves as the outer shipping container.
[In item b, change ``outer packaging'' to ``outer shipping
container''.]
* * * * *
[In item d, change ``50 pounds'' to ``25 pounds.'']
11.0 MISCELLANEOUS HAZARDOUS MATERIALS (HAZARD CLASS 9)

11.1 Definition

[In the second sentence, remove ``magnetized materials,''.]
* * * * *

11.3 Marking

[In the first sentence, change ``Surface Mail Only'' to ``
``Surface Only'' or ``Surface Mail Only.'' '']

11.4 Dry Ice

[In item a, change the heading ``Air Transportation'' to ``Air
Transportation Requirements.'']
[In item b, change the heading ``Surface Transportation'' to
``Surface Transportation Requirements''. Also change ``Surface Mail
Only'' to `` ``Surface Only'' or ``Surface Mail Only.'' '']
* * * * *
[Renumber current 11.5 as new 12.0 to read as follows:]

[[Page 33872]]

12.0 OTHER REGULATED MATERIALS--MAGNETIZED MATERIALS
[Change the introductory paragraph in new 12.0 to read as follows
(the remainder of new 12.0 is unchanged):]
A magnetized material is not classified within any of the nine
hazard classes. Such material is regulated as a hazardous material only
if offered for carriage on air transportation and when it has a
magnetic field strength capable of causing the deviation of aircraft
instruments. Regulated magnetized materials are mailable subject to the
following limitations:
a. Definition.
[In the second sentence in item a, change ``a hazard class 9
material'' to ``a hazardous material.'']
b. Mailability.
[In the third sentence in item b, change ``Publication 52'' to
``Publication 52, Hazardous, Restricted, and Perishable Mail.'']
* * * * *

C024 Other Restricted or Nonmailable Matter

* * * * *

[Renumber current 18.0 and 19.0 as new 19.0 and 20.0, and insert
new 18.0 to read as follows:]
18.0 ODD-SHAPED ITEMS IN PAPER ENVELOPES
Pens, pencils, key rings, bottle caps, and other similar odd-shaped
items are not permitted in letter-size or flat-size paper envelopes
unless they are wrapped within the other contents of the envelope to
streamline the shape of the mailpiece and prevent damage during postal
processing. If an odd-shaped item is not properly wrapped, it could
burst through the envelope and cause injury to employees and damage to
USPS processing equipment. Odd-shaped items that are properly wrapped
within paper envelopes and sent at the First-Class Mail or Standard
Mail nonautomation rates may be subject to the nonmachinable surcharge
under E130 or E620, as applicable. Certain types of odd-shaped items,
when properly wrapped, are permitted as automation rate letter-size
mail subject to the standards in C810. Flat-size automation rate mail
is subject to the uniform thickness requirement in C820.
* * * * *

C050 Mail Processing Categories

* * * * *
2.0 LETTER-SIZE MAIL
* * * * *

2.2 Nonmachinable Criteria

A letter-size piece is nonmachinable if it has one or more of the
following characteristics (see C010.1.3 to determine the length,
height, top, and bottom of a mailpiece):
* * * * *
[Revise item d by adding a reference to C024.18.0 to read as
follows:]
d. Contains items such as pens, pencils, or loose keys or coins
that cause the thickness of the mailpiece to be uneven (see C024.18.0).
* * * * *

F Forwarding and Related Services

F000 Basic Services

F010 Basic Information

* * * * *
5.0 CLASS TREATMENT FOR ANCILLARY SERVICES

5.1 First-Class Mail and Priority Mail

* * * * *
[Revise item e to read as follows:]
e. ``Change Service Requested'' is not permitted for the following:
(1) Priority Mail, other than Priority Mail containing perishable
matter under C022 (except for live animals).
(2) First-Class Mail or Priority Mail containing hazardous
materials under C023.
(3) First-Class Mail or Priority Mail with a special service other
than Delivery Confirmation or Signature Confirmation.

Exhibit 5.1 Treatment of Undeliverable First-Class Mail and Priority
Mail

[Revise the listing for ``Change Service Requested'' to read as
follows:]

------------------------------------------------------------------------
Mailer endorsement USPS treatment of UAA pieces
------------------------------------------------------------------------

* * * * * * *
``Change Service Requested'' Option 1 \2\
\2\. In all cases (regardless of whether a
change-of-address order is on file):
Separate notice of new address or
reason for nondelivery provided (in
either case, address correction fee
charged); piece disposed of by USPS.
Option 2 \2\
If no change-of-address order on file:
Piece disposed of by USPS; separate
notice of reason for nondelivery
provided (address correction fee
charged).
If change-of-address order on file:
Months 1 through 12: piece forwarded (no
charge); separate notice of new address
provided (address correction fee
charged).
Months 13 through 18: piece disposed of
by USPS; separate notice of new address
provided (address correction fee
charged).
After month 18: piece disposed of by
USPS; separate notice of reason for
nondelivery provided (address
correction fee charged).
Restrictions (for Options 1 and 2): The
following restrictions apply:
(1) This endorsement is limited to use
on valid mailpieces bearing a proper
ACS participant code and only for: (a)
Priority Mail containing perishable
matter (other than live animals) and
the marking ``Perishable'' and; (b)
First-Class Mail (excluding hazardous
materials).
(2) Delivery Confirmation and Signature
Confirmation are the only special
services permitted with this
endorsement.

* * * * * * *
------------------------------------------------------------------------

* * * * *
[Revise the text of footnote 2 to read as follows:]
2. Valid only for ACS participating pieces (subject to F030) other
than pieces containing hazardous materials.
* * * * *

5.3 Standard Mail

* * * * *

[[Page 33873]]

[Reletter current items c through j as new items d though k, and
add new item c to read as follows:]
c. The endorsement ``Change Service Requested'' is not permitted
for Standard Mail containing hazardous materials under C023. Standard
Mail containing hazardous materials must bear the endorsement ``Address
Service Requested,'' ``Forwarding Service Requested,'' or ``Return
Service Requested.''
* * * * *

Exhibit 5.3a Treatment of Undeliverable Standard Mail

[Revise the listings for ``No endorsement'', ``Address Service
Requested'', and ``Change Service Requested'' to read as follows:]

------------------------------------------------------------------------
Mailer endorsement USPS treatment of UAA pieces
------------------------------------------------------------------------
No endorsment \1\............. In all cases: Piece disposed of by USPS.
Restrictions: Standard Mail containing
hazardous materials must bear a
permissible endorsement (see 5.3e).
``Address Service Requested'' * * * * *
\2\.

* * * * * * *
``Change Service Requested'' In all cases: Separate notice of new
\1,\\3\. address or reason for nondelivery
provided (in either case, address
correction fee charged); piece disposed
of by USPS.
Restrictions: The following restrictions
apply:
(1) Delivery Confirmation is the only
special service permitted with this
endorsement.
(2) This endorsement is not permitted
for Standard Mail containing hazardous
materials.
------------------------------------------------------------------------

[Renumber footnote 1 as 2, and add new footnotes 1 and 3, to read
as follows:]
1. Not valid for pieces containing hazardous materials.
2. Valid for all pieces, including Address Change Service (ACS)
participating pieces.
3. Not valid for pieces containing hazardous materials. Valid for
all other pieces, including ACS participating pieces.
* * * * *

5.4 Package Services

* * * * *
[Reletter current items c through e as new items d through f, and
add new item c to read as follows:]
c. The endorsement ``Change Service Requested'' is not permitted
for Package Services mail containing hazardous materials under C023.
* * * * *

Exhibit 5.4 Treatment of Undeliverable Package Services Mail

[Revise the listing for ``Change Service Requested'' to read as
follows:]

------------------------------------------------------------------------
Mailer endorsement USPS treatment of UAA pieces
------------------------------------------------------------------------

* * * * * * *
``Change Service Requested'' In all cases: Separate notice of new
\2\. address or reason for nondelivery
provided (in either case, address
correction fee charged); piece disposed
of by USPS.
Restrictions: The following restrictions
apply:
(1) Delivery Confirmation and Signature
Confirmation are the only special
services permitted with this
endorsement.
(2) This endorsement is not permitted
for Package Services Mail containing
hazardous materials.
------------------------------------------------------------------------

* * * * *
[Add new footnote 2 to read as follows:]
2. Not valid for pieces containing hazardous materials. Valid for
all other pieces, including ACS participating pieces.
* * * * *
An appropriate amendment to 39 CFR part 111 to reflect these
changes will be published.

Neva Watson,
Attorney, Legislative.
[FR Doc. 03-14185 Filed 6-5-03; 8:45 am]
BILLING CODE 7710-12-P