[Federal Register Volume 77, Number 192 (Wednesday, October 3, 2012)]
[Proposed Rules]
[Pages 60334-60339]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-24296]
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POSTAL SERVICE
39 CFR Part 111
New Marking Standards for Parcels Containing Hazardous Materials
AGENCY: Postal ServiceTM.
ACTION: Proposed rule.
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SUMMARY: The Postal Service is proposing to revise Mailing Standards of
the United States Postal Service, Domestic Mail Manual (DMM[supreg])
601.10 to adopt new mandatory marking standards for parcels containing
mailable hazardous material that will align with the revised
requirements provided by the Department of Transportation (DOT). This
proposed rule also provides terminology and categorization changes
needed to respond to the pending elimination of the ``Other Regulated
Material'' (ORM-D) category and the partial elimination of the
``Consumer Commodity'' category by the DOT.
DATES: Submit comments on or before October 23, 2012.
ADDRESSES: Mail or deliver written comments to the manager, Product
Classification, U.S. Postal Service, 475 L'Enfant Plaza SW., Room 4446,
Washington, DC 20260-5015. You may inspect and photocopy all written
comments at USPS[supreg] Headquarters Library, 475 L'Enfant Plaza SW.,
11th Floor North, Washington, DC, by appointment only between the hours
of 9 a.m. and 4 p.m., Monday through Friday. Call 202-268-2906 in
advance for an appointment. Email comments, containing the name and
address of the commenter, may be sent to [email protected],
with a subject line of ``Hazardous Materials.'' Faxed comments are not
accepted.
FOR FURTHER INFORMATION CONTACT: Kevin Gunther at 202-268-7208.
SUPPLEMENTARY INFORMATION: The Postal Service proposes to revise DMM
601.10, and to make corresponding revisions to Publication 52,
Hazardous, Restricted, and Perishable Mail, chapters 2, 3 and 7, and
Appendices A and C, to adopt new marking standards for parcels
containing mailable hazardous materials. These marking standards were
recently added to the DMM for optional use by mailers, as an
alternative to the current DMM marking standards for parcels containing
mailable hazardous materials.
If this proposal is adopted, the Postal Service will require use of
these markings on parcels intended for air and surface transportation.
However, the new markings standards will be deferred for parcels
intended for surface transportation, to coincide with the delayed
implementation date for ground transportation proscribed by the DOT.
The new standards, including proposed implementation dates, are
summarized below.
Mailers should note that any other marking or documentation
requirements not specifically referenced in this proposed rule,
including the preparation of a properly completed shipper's
declaration, will not be modified or eliminated by any of the revisions
described herein.
Background
On January 19, 2011, the DOT's Pipeline and Hazardous Materials
Safety Administration (PHMSA) published final rule HM-215K (76 FR 3308-
3389), which harmonized the requirements of the U.S. Hazardous
Materials Regulations (HMR) with international transport requirements.
In its Federal Register final rule, PHMSA signaled its intent to, among
other things, eliminate the ``Other Regulated Material'' (ORM-D)
classification for all forms of transportation. This change will become
effective on January 1, 2013 for shipments intended for air
transportation, and on January 1, 2015 for shipments intended for
surface transportation.
In addition to the elimination of the ORM-D category, PHMSA also
eliminated the ``consumer commodity'' category for products in hazard
classes 4, 5, and 8, as well as a portion of hazard class 9, for all
shipments intended for air transportation. This change will become
effective on January 1, 2013. After this date, the mailability of
materials previously falling within the ``consumer commodity'' category
must be evaluated based on its eligibility under the limited quantity
category in the HMR.
PHMSA expects that the alignment of the existing limited quantity
provisions in the HMR with international standards and regulations will
enhance safety by facilitating a single uniform system of transporting
limited quantity materials. Because of the inherent risk unique to air
transportation, PHMSA believes that full harmonization with the
International Civil Aviation Organization Technical Instructions (ICAO
TI) is necessary with regard to the materials authorized and the
guidelines for limited quantities (including consumer commodities)
intended for transport by air. The ICAO TI also include specific
provisions for air transport of dangerous goods in the mail, which are
much more restrictive than the general standards. No dangerous goods
are allowed in international mail, with the exception of certain
infectious substances, certain patient specimens and certain
radioactive materials as noted in section 135 of Mailing Standards of
the United States Postal Service, International Mail Manual
(IMM[supreg]); and these materials may only be sent by authorized
mailers for authorized purposes.
Proposed Air Transport Standards for January 1, 2013
The Postal Service plans to align its hazardous materials mailing
requirements with those of the DOT Pipeline and Hazardous Materials
Safety Administration (PHMSA) by proposing the mandatory use of the
marking standards described in this proposed rule on all parcels
intended for air transportation. These rules were incorporated into the
DMM for optional use on August 6, 2012. If this proposal is adopted
these optional markings will
[[Page 60335]]
become mandatory effective January 1, 2013.
The Postal Service proposes to categorize hazardous materials
currently meeting the definition of a mailable ORM-D material within
hazard classes 4, 5, or 8, and portions of 9, using the description
``mailable limited quantity;'' and will retain the description
``consumer commodity'' for all other mailable hazard classes. If this
proposal is adopted, the Postal Service will revise the DMM to replace
the current ORM-D category for parcels containing materials intended
for air transportation with the applicable ``consumer commodity'' or
the new ``mailable limited quantity'' categories, effective January 1,
2013.
Under this proposal, mailpieces containing currently authorized
air-eligible consumer commodities (ORM-D-AIR) within DOT Class 2.2
(nonflammable, nontoxic gasses), Class 3 (flammable and combustible
liquids), Class 6.1 (toxic substances), and Class 9 (miscellaneous)
will be reclassified as hazard class 9 (miscellaneous) instead of their
previous ``ORM-D-AIR'' classification. Mailpieces containing this
material will also be required to bear the proper shipping name
``Consumer Commodity,'' the Identification Number ``ID8000,'' and both
the DOT square-on-point marking including the symbol ``Y'' and an
approved DOT class 9 hazardous material warning label. Mailpieces must
also bear a shipper's declaration for dangerous goods.
Mailpieces containing mailable air-authorized limited quantity
class 9 materials within UN3077, UN3082, UN3175, UN3334 and UN3335,
will also be required to bear the proper shipping name ``Consumer
Commodity,'' Identification Number ``ID8000,'' and both the DOT square-
on-point marking including the symbol ``Y'' and an approved DOT Class 9
hazardous material warning label. These are the only Class 9 materials
authorized by the DOT to be shipped under the limited quantity
classification by domestic air transportation.
If this proposal is adopted, the Postal Service will also require
the use of other DOT hazardous warning labels on packages intended for
air transportation, containing materials that meet the current
definition of a mailable ORM-D material in hazard class 5.1 (oxidizing
substances), hazard class 5.2 (organic peroxides) and hazard class 8
(corrosives). The DOT will not be defining a consumer commodity
category for these particular hazard classes. Similarly, the DOT will
not be defining a consumer commodity in hazard class 4 (flammable
solids); however this will not have an impact for USPS mailers since
the Postal Service does not currently permit hazard class 4 materials
in its air transportation networks. These mailpieces will also be
required to bear the proper shipping name and Identification Number, as
identified in Publication 52 Appendix A, both DOT square-on-point
marking (including the symbol ``Y'') and the appropriate approved DOT
hazardous material warning label. Mailpieces must also bear a shipper's
declaration for dangerous goods.
Until January 1, 2015, mailable hazardous materials intended for
surface transportation will continue to be classified using the ORM-D
categorization. Until that time, mailers will have the option of
continuing to use the current ``ORM-D'' marking for materials intended
for ground transportation, or using the new DOT-authorized ``square-on-
point'' limited quantity marking on parcels containing mailable
hazardous materials.
Proposed Surface Transport Standards for January 1, 2015
The Postal Service plans to implement the final segment of its
alignment with PHMSA by proposing the elimination of the optional ORM-D
markings and categorization for hazardous materials intended for
surface transportation on January 1, 2015. If this proposed rule is
adopted, the use of the ORM-D marking will no longer be permitted for
use with any materials being tendered for transport within USPS
networks, either by surface or air, and all mailpieces containing
hazardous materials will be required to be marked using the appropriate
DOT square-on-point marking.
Under these proposed standards, mailable limited quantity and
mailable consumer commodity materials, when tendered to the Postal
Service, must bear an approved DOT square-on-point marking. The use of
additional DOT hazardous material warning labels will not be required
or permitted on parcels intended for transportation in USPS ground
networks.
Comment Period
Note that the Postal Service has established a 20-day comment
period for this proposed rule in order to assure there is sufficient
time to implement these proposed standards concurrent with the DOT
regulations scheduled to become effective January 1, 2013.
Although we are exempt from the notice and comment requirements of
the Administrative Procedure Act [5 U.S.C of 553 (b), (c)] regarding
proposed rulemaking by 39 U.S.C. 410 (a), we invite public comments on
the following proposed revisions to Mailing Standards of the United
States Postal Service, Domestic Mail Manual (DMM), incorporated by
reference in the Code of Federal Regulations. See 39 CFR Part 111.1.
List of Subjects in 39 CFR Part 111
Administrative practice and procedure, Postal Service.
Accordingly, 39 CFR Part 111 is proposed to be amended as follows:
PART 111--[AMENDED]
1. The authority citation for 39 CFR Part 111 continues to read as
follows:
Authority: 5 U.S.C. 552(a); 13 U.S.C. 301-307; 18 U.S.C. 1692-
1737; 39 U.S.C. 101, 401, 403, 404, 414, 416, 3001-3011, 3201-3219,
3403-3406, 3621, 3622, 3626, 3632, 3633, and 5001.
2. Revise the following sections of Mailing Standards of the United
States Postal Service, Domestic Mail Manual (DMM), as follows:
Mailing Standards of the United States Postal Service, Domestic Mail
Manual (DMM)
* * * * *
600 Basic Standards for All Mailing Services
601 Mailability
* * * * *
10.0 Hazardous Materials
10.1 Definitions
The following definitions apply:
* * * * *
[Revise 10.1c as follows:]
c. ORM-D (Other Regulated Material) material is a limited quantity
of a hazardous material that presents a limited hazard during
transportation due to its form, quantity, and packaging. Not all
hazardous materials permitted to be shipped as a limited quantity can
qualify as an ORM-D material. The ORM-D category is only applicable for
materials intended for ground transportation. Effective January 1,
2015, the ORM-D category will be eliminated for materials intended for
surface transportation. After this date, the mailability of materials
previously fitting the description of ORM-D must be evaluated based on
its eligibility under the applicable consumer commodity or mailable
limited quantity categories.
[Revise 10.1d, Consumer Commodity, by adding a new last sentence as
follows:]
d. * * * The consumer commodity category will not apply to
materials,
[[Page 60336]]
intended for air transportation, in hazard classes 4, 5, and 8, and
portions of hazard class 9.
[Re-sequence the current 10.1e through 10.1i as the new 10.1f
through 10.1j, and add a new item 10.1e as follows:]
e. Mailable Limited Quantity is a hazardous material in hazard
class 4, 5 or 8 that presents a limited hazard during transportation
(specifically air transport), and is mailable in USPS air networks
under certain conditions and in limited quantities.
* * * * *
10.3 USPS Standards for Hazardous Material
[Revise 10.3 as follows:]
The USPS standards generally restrict the mailing of hazardous
materials to ORM-D (permitted for surface transportation only until
January 1, 2015), and consumer commodity or mailable limited quantity
materials that meet USPS quantity limitations and packaging
requirements. All exceptions are subject to the standards in 10.0.
Detailed information on the mailability of specific hazardous materials
is contained in Publication 52, Hazardous, Restricted, and Perishable
Mail.
* * * * *
10.4 Hazard Class
* * * * *
Exhibit 10.4 DOT Hazard Classes and Mailability Summary
----------------------------------------------------------------------------------------------------------------
Transportation method
Hazard class name and --------------------------------------------------------------------
Class division Domestic mail air Domestic mail surface
transportation transportation International mail
----------------------------------------------------------------------------------------------------------------
----------------------------------------------------------------------------------------------------------------
* * * * *
[Revise text for hazard classes 2 and 3, under the ``Domestic Mail
Air Transportation'' column (only) as follows:]
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2.................. Gases................. Division 2.1 and 2.3:
Division--2.1 Prohibited
Flammable Gases.. Division 2.2: Only
2.2 Nonflammable, Consumer Commodity
Nontoxic Gases.. materials per
2.3 Toxic Gases....... 10.12.2..
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3.................. Flammable and Flammable liquids:
Combustible Liquids. Prohibited
Combustibles: Only
Consumer Commodity
materials per
10.13.3..
----------------------------------------------------------------------------------------------------------------
* * * * *
[Revise text for hazard classes 5 and 6, under the ``Domestic Mail
Air Transportation'' column (only) as follows:]
----------------------------------------------------------------------------------------------------------------
----------------------------------------------------------------------------------------------------------------
5.................. Oxidizing Substances, Only Mailable Limited
Organic Peroxides. Quantity materials
Division--............ per 10.15.2.
5.1 Oxidizing
Substances..
5.2 Organic Peroxides.
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* * * * *
----------------------------------------------------------------------------------------------------------------
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6.................. Toxic Substances and Division 6.1: Only
Infectious Substances. Consumer Commodity
Division--6.1 Toxic materials per
Substances.. 10.16.2..
6.2 Infectious Division 6.2. Only
Substances.. per 10.17..
----------------------------------------------------------------------------------------------------------------
* * * * *
[Revise text for hazard class 8, under the ``Domestic Mail Air
Transportation'' column (only) as follows:]
----------------------------------------------------------------------------------------------------------------
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8.................. Corrosives............ Only Mailable Limited
Quantity materials
per 10.19.2.
----------------------------------------------------------------------------------------------------------------
[[Page 60337]]
* * * * *
[Revise text for hazard class 9, under the ``Hazard Class Name and
Division'' and ``Domestic Mail Air Transportation'' columns (only) as
follows:]
----------------------------------------------------------------------------------------------------------------
----------------------------------------------------------------------------------------------------------------
9.................. Miscellaneous Only Consumer
Hazardous Materials. Commodity materials
ID8000 materials per 10.20
UN3077, UN3082,
UN3175, UN3334 or
UN3335 materials.
----------------------------------------------------------------------------------------------------------------
* * * * *
10.7 Warning Labels for Hazardous Materials
[Revise 10.7 as follows:]
With few exceptions as noted in these standards, most hazardous
materials acceptable for mailing fall within the current Other
Regulated Materials (ORM-D) regulations of 49 CFR 173.144 for materials
intended for surface transportation, and the consumer commodity or
mailable limited quantity categories for materials intended for air
transportation. Mailpieces containing mailable hazardous materials
intended for transportation by air are required to bear an approved DOT
square-on-point marking under 10.8b, and may also be required to bear a
specific DOT hazardous material warning label (if required for the
hazard class shipped). Mailpieces containing mailable hazardous
materials must be marked as required in 10.8, and must bear DOT
handling labels (e.g., orientation arrows, magnetized materials) when
applicable. Effective January 1, 2015, the ORD-D category will be
eliminated for materials intended for surface transportation, and
mailpieces containing hazardous materials intended for surface
transportation will be required to be marked using the appropriate DOT
square-on-point marking. Also after this date, the mailability of
materials previously fitting the description of ORM-D must be evaluated
based on its eligibility under the applicable consumer commodity or
mailable limited quantity categories.
10.8 Package Markings for Hazardous Materials
[Revise 10.8 as follows:]
Unless otherwise noted, each mailpiece containing a mailable
hazardous material must be plainly and durably marked on the address
side with the required shipping name and UN identification number.
Mailpieces containing mailable hazardous materials intended for air
transportation must bear a DOT limited quantity square-on-point marking
under 8b. Mailpieces containing mailable hazardous materials intended
for surface transportation may be entered and marked under the ORM-D
category until January 1, 2015. After this date, all parcels containing
mailable hazardous materials must bear the appropriate DOT square-on-
point marking and other associated markings when required. The
following also apply:
a. The use of DOT limited quantity square-on-point markings are
required for mailpieces intended for air transportation and optional
(until January 1, 2015) for mailpieces intended for surface
transportation (see Exhibit 10.8b). The plain square-on-point marking
is used for shipments sent by surface transportation, and the square-
on-point marking including the symbol ``Y'' superimposed in the center
is used for shipments sent by air transportation. The following also
apply:
1. Markings must be durable, legible and readily visible.
2. The marking must be applied on at least one side or one end of
the outer packaging. The border forming the square-on-point must be at
least 2 mm (0.08 inch) in width and the minimum dimension of each side
must be 100 mm (3.94 inches), unless the package size requires a
reduced size marking of no less than 50 mm (1.97 inches) on each side.
3. For surface transportation, the top and bottom portions of the
square-on-point and the border forming the square-on-point must be
black and the center must be white or of a suitable contrasting
background. Surface shipments containing qualifying ORM-D materials and
bearing the square-on-point limited quantity marking are not required
to be marked with the shipping name and identification number.
4. For transportation by aircraft, the top and bottom portions of
the square-on-point and the border forming the square-on-point must be
black and the center must be white or of a suitable contrasting
background. The symbol ``Y'' must be black and located in the center of
the square-on-point and be clearly visible. Mailpieces intended for
transport by air must also be marked with the proper shipping name,
identification number, and must also display the appropriate DOT
hazardous material warning label (only when required for the hazard
class shipped) in accordance with Publication 52.
b. The UN identification number is not required on mailpieces
containing ORM-D materials and intended for surface transportation. A
mailable ORM-D material must be marked on the address side with ``ORM-
D'' (or marked under 10.8a) immediately following, or below the proper
shipping name. The proper shipping name for a mailable ORM-D material
is ``consumer commodity.'' The designation ``ORM-D'' must be placed
within a rectangle that is approximately 6.3 mm (\1/4\ inch) larger on
each side than the applicable designation. Mailpieces containing ORM-D
materials sent as Standard Mail, Parcel Post, Parcel Select, or Package
Services must also be marked on the address side as ``Surface Only'' or
``Surface Mail Only.''
* * * * *
10.9 Shipping Papers for Hazardous Materials
* * * Shipping papers are required as follows:
* * * * *
[Revise 10.9a and 10.9b to update product references as follows:]
a. Air transportation requirements. Except for nonregulated
materials sent under 10.17.3 or 10.17.8 and diagnostic specimens sent
under 10.17.5, mailpieces containing mailable hazardous materials sent
at the Express Mail, Priority Mail, First-Class Mail, or First-Class
Package Service prices must include a shipping paper.
b. Surface transportation requirements. Except for nonregulated
materials sent under 10.17.3 or 10.17.8 and mailable ORM-D materials,
mailpieces containing mailable hazardous materials sent at the Standard
Mail, Parcel Post, Parcel Select, or Package Services prices must
include a shipping paper.
10.10 Air Transportation Prohibitions for Hazardous Materials
[Revise the introductory paragraph of 10.10 to update product
references as follows:]
All mailable hazardous materials sent at the Express Mail, Priority
Mail, First-Class Mail, or First-Class Package
[[Page 60338]]
Service prices 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 Express Mail,
Priority Mail, First-Class Mail, or First-Class Package Service prices:
* * * * *
10.12 Gases (Hazard Class 2)
* * * * *
10.12.2 Mailability
[Revise the third and fourth sentences of 10.12.2 as follows:]
* * * Flammable gases in Division 2.1 are prohibited in domestic
mail via air transportation, but are permitted via surface
transportation if the material can qualify as an ORM-D material (or
after January 1, 2015, a consumer commodity material) and meet the
standards in 10.12.3 and 10.12.4. Nonflammable gases in Division 2.2
are generally permitted in the domestic mail via air or surface
transportation if the material can qualify as an ORM-D material when
intended for surface transportation, or a consumer commodity material
when intended for air transportation, and meet the standards in 10.12.3
and 10.12.4.
* * * * *
10.12.4 Marking
[Revise the second sentence, and add a new third sentence for
10.12.4 as follows:]
* * * For air transportation, packages must bear the DOT square-on-
point marking including the symbol ``Y,'' an approved DOT class 9
hazardous material warning label, Identification Number ``ID8000,'' and
the proper shipping name ``Consumer Commodity.'' Mailpieces must also
bear a shipper's declaration for dangerous goods.
10.13 Flammable and Combustible Liquids (Hazard Class 3)
* * * * *
10.13.2 Flammable Liquid Mailability
[Revise the third sentence of the introductory paragraph of 10.13.2
as follows:]
* * * Other flammable liquid is prohibited in domestic mail via air
transportation but is permitted via surface transportation if the
material can qualify as an ORM-D material (or after January 1, 2015, a
consumer commodity material) and meet the following conditions as
applicable:
[Revise 10.13.2a and 2b as follows:]
a. The flashpoint is above 20 [deg]F (-7[deg]C) but no more than 73
[deg]F (23 [deg]C); the liquid is in a metal primary receptacle not
exceeding 1 quart, or in another type of primary receptacle not
exceeding 1 pint, per mailpiece; enough cushioning surrounds the
primary receptacle to absorb all potential leakage; the cushioning and
primary receptacle are packed within a securely sealed secondary
container that is placed within a strong outer shipping container; and
each mailpiece is plainly and durably marked on the address side with
``Surface Only'' or ``Surface Mail Only'' and ``ORM-D'' immediately
following or below the proper shipping name (or with a DOT square-on-
point marking under 10.8b).
b. The flashpoint is above 73 [deg]F (23 [deg]C) but less than 100
[deg]F (38 [deg]C); the liquid is in a metal primary receptacle not
exceeding 1 gallon, or in another type of primary receptacle not
exceeding 1 quart, per mailpiece; enough cushioning surrounds the
primary receptacle to absorb all potential leakage; the cushioning and
primary receptacle are placed within a securely sealed secondary
container that is placed within a strong outer shipping container; and
each mailpiece is plainly and durably marked on the address side with
``Surface Only'' or ``Surface Mail Only'' and ``ORM-D'' immediately
following or below the proper shipping name (or with a DOT square-on-
point marking under 10.8b).
10.13.3 Combustible Liquid Mailability
[Revise the second sentence of the introductory paragraph of
10.13.3 as follows:]
* * * Combustible liquid is permitted in domestic mail if the
material can qualify as an ORM-D material, when intended for ground
transportation or a consumer commodity material, when intended for air
transportation, and meet the following conditions as applicable:
[Revise 10.13.3a as follows:]
a. For surface transportation, if the flashpoint is 100 [deg]F (38
[deg]C) but no more than 141 [deg]F (60.5 [deg]C); the liquid is in a
metal primary receptacle not exceeding 1 gallon, or in another type of
primary receptacle not exceeding 1 quart, per mailpiece; enough
cushioning surrounds the primary receptacle to absorb all potential
leakage; the cushioning and primary receptacle are packed in a securely
sealed secondary container that is placed within a strong outer
shipping container; and each mailpiece is plainly and durably marked on
the address side with ``Surface Only'' or ``Surface Mail Only'' and
``ORM-D'' immediately following or below the proper shipping name (or
with a DOT square-on-point marking under 10.8b).
[Revise 10.13.3b as follows:]
b. For surface or air transportation, if the flashpoint is above
141 [deg]F (60.5 [deg]C) but no more than 200 [deg]F (93 [deg]C); the
liquid is in a primary receptacle not exceeding 1 gallon per mailpiece;
enough cushioning surrounds the primary receptacle to absorb all
potential leakage; the cushioning and primary receptacle are packed in
a securely sealed secondary container that is placed within a strong
outer shipping container. For surface transportation, each mailpiece
must be plainly and durably marked on the address side with ``ORM-D''
immediately following or below the proper shipping name; and each piece
must be marked on the address side as ``Surface Only'' or ``Surface
Mail Only'' (or with a DOT square-on-point marking under 10.8b). For
air transportation, packages must bear the DOT square-on-point marking
including the symbol ``Y,'' an approved DOT class 9 hazardous material
warning label, Identification Number ``ID8000,'' the proper shipping
name ``Consumer Commodity,'' and a shipper's declaration for dangerous
goods.
* * * * *
10.14 Flammable Solids (Hazard Class 4)
* * * * *
10.14.2 Mailability
[Revise the last sentence of 10.14.2 as follows:]
* * * A flammable solid that can qualify as an ORM-D material (or
after January 1, 2015, a mailable limited quantity material) is
permitted in domestic mail via surface transportation if the material
is contained in a secure primary receptacle having a weight of 1 pound
or less; the primary receptacle(s) is packed in a strong outer shipping
container with a total weight of 25 pounds or less per mailpiece; and
each mailpiece is plainly and durably marked on the address side with
``Surface Only'' or ``Surface Mail Only'' and ``ORM-D'' immediately
following or below the proper shipping name (or with a DOT square-on-
point marking under 10.8b).
* * * * *
10.15 Oxidizing Substances, Organic Peroxides (Hazard Class 5)
* * * * *
10.15.2 Mailability
[Revise 10.15.2 as follows:]
Oxidizing substances and organic peroxides are prohibited in
international mail. Class 5 materials are permitted in domestic mail if
the
[[Page 60339]]
material can qualify as an ORM-D material (until January 1, 2015), when
intended for ground transportation; or a mailable limited quantity
material, when intended for air 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. For surface transportation, each mailpiece must be plainly and
durably marked on the address side with ``ORM-D'' immediately following
or below the proper shipping name; and each piece must be marked on the
address side as ``Surface Only'' or ``Surface Mail Only'' (or with a
DOT square-on-point marking under 10.8b). For air transportation,
packages must bear the DOT square-on-point marking including the symbol
``Y,'' the appropriate approved DOT class 5.1 or 5.2 hazardous material
warning label, the identification number, the proper shipping name, and
a shipper's declaration for dangerous goods.
10.16 Toxic Substances (Hazard Class 6, Division 6.1)
* * * * *
10.16.2 Mailability
[Revise the second sentence of 10.16.2 as follows:]
* * * For domestic mail, a Division 6.1 toxic substance or poison
that can qualify as an ORM-D material (until January 1, 2015) when
intended for ground transportation, or a consumer commodity material
when intended for air transportation, is permitted when packaged under
the applicable requirements in 10.16.4. * * *
* * * * *
10.16.4 Packaging and Marking
The following requirements must be met, as applicable:
[Revise 16.4a as follows:]
a. A toxic substance that can qualify as an ORM-D material (until
January 1, 2015) when intended for ground transportation, or a consumer
commodity material when intended for air transportation, and does not
exceed a total capacity of 8 ounces per mailpiece is permitted if: the
material is held in a primary receptacle(s); enough cushioning material
surrounds the primary receptacle to absorb all potential leakage; the
cushioning and primary receptacle(s) are packed in another securely
sealed secondary container that is placed within a strong outer
shipping container. For surface transportation, each mailpiece must be
plainly and durably marked on the address side with ``ORM-D''
immediately following or below the proper shipping name; and each piece
must be marked on the address side as ``Surface Only'' or ``Surface
Mail Only'' (or with a DOT square-on-point marking under 10.8b). For
air transportation, packages must bear the DOT square-on-point marking
including the symbol ``Y,'' an approved DOT class 9 hazardous material
warning label, Identification Number ``ID8000,'' the proper shipping
name ``Consumer Commodity,'' and a shipper's declaration for dangerous
goods.
* * * * *
10.19 Corrosives (Hazard Class 8)
* * * * *
10.19.2 Mailability
[Revise the second sentence of the introductory paragraph of
10.19.2 as follows:]
* * * A corrosive that can qualify as an ORM-D material (until
January 1, 2015), when intended for ground transportation; or a
mailable limited quantity material, when intended for air
transportation, is permitted in domestic mail via air or surface
transportation subject to these limitations:
* * * * *
10.19.3 Marking
[Revise 10.19.3 as follows:]
For surface transportation, each mailpiece must be plainly and
durably marked on the address side with ``ORM-D'' immediately following
or below the proper shipping name; and each piece must be marked on the
address side as ``Surface Only'' or ``Surface Mail Only'' (or with a
DOT square-on-point marking under 10.8b). For air transportation,
packages must bear the DOT square-on-point marking including the symbol
``Y,'' the appropriate approved DOT class 8 hazardous material warning
label, the identification number, the proper shipping name, and a
shipper's declaration for dangerous goods.
* * * * *
10.20 Miscellaneous Hazardous Materials (Hazard Class 9)
* * * * *
10.20.2 Mailability
[Revise the second sentence of 10.20.2 as follows:]
* * * A miscellaneous hazardous material that can qualify as an
ORM-D material (until January 1, 2015) when intended for ground
transportation, or a consumer commodity material when intended for air
transportation, is permitted for domestic mail via air or surface
transportation, subject to the applicable 49 CFR requirements.
10.20.3 Marking
[Revise 10.20.3 as follows:]
For surface transportation, the mailpiece must be plainly and
durably marked on the address side with ``Surface Only'' or ``Surface
Mail Only'' and ``ORM-D'' immediately following or below the proper
shipping name (or with a DOT square-on-point marking under 10.8b). For
air transportation, packages must bear the DOT square-on-point marking
including the symbol ``Y,'' an approved DOT class 9 hazardous material
warning label, Identification Number ``ID8000,'' the proper shipping
name ``Consumer Commodity,'' and a shipper's declaration for dangerous
goods.
* * * * *
We will publish an appropriate amendment to 39 CFR Part 111 to
reflect these changes if our proposal is adopted.
Stanley F. Mires,
Attorney, Legal Policy & Legislative Advice.
[FR Doc. 2012-24296 Filed 10-2-12; 8:45 am]
BILLING CODE 7710-12-P