[Federal Register Volume 77, Number 229 (Wednesday, November 28, 2012)]
[Rules and Regulations]
[Pages 70895-70902]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-28673]
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POSTAL SERVICE
39 CFR Part 111
New Marking Standards for Parcels Containing Hazardous Materials
AGENCY: Postal ServiceTM.
ACTION: Final rule.
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SUMMARY: The Postal Service is revising 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 revision 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: Effective January 1, 2013.
FOR FURTHER INFORMATION CONTACT: Kevin Gunther at 202-268-7208.
SUPPLEMENTARY INFORMATION: The Postal Service will revise DMM 601.10,
and
[[Page 70896]]
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. In August 2012, these marking standards were added to the
DMM for optional-use by mailers and supplement the previously
authorized DMM marking standards for parcels containing mailable
hazardous materials.
With this revision, the Postal Service will require the 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 provided 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 final rule, including
the preparation of a properly completed shipper's declaration, will not
be modified or eliminated by any of the revisions described herein. It
should also be noted that the adoption of these new standards is not
intended to expand or limit the mailable materials or quantities
previously permitted under the ORM-D category.
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
eliminates 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]); these materials may be sent only by authorized mailers
for authorized purposes.
On August 6, 2012, based on the regulations provided by PHMSA in
its January 19, 2011, Federal Register final rule, the Postal Service
revised the DMM to incorporate optional marking standards for parcels
containing mailable hazardous materials. These standards provided that
mailers could optionally use new marking standards consistent with the
new DOT marking requirements, or continue to use the previous
USPS[supreg] marking standards.
On October 3, 2012, the Postal Service published a proposed rule in
the Federal Register (77 FR 60334-60339) to announce its proposal for
new mailing standards to align with PHMSA regulations provided in the
January 19, 2011, notice. The Postal Service received comments in
response to this proposed rule, which are summarized later in this
notice.
Air Transport Standards for January 1, 2013
The Postal Service will align its hazardous materials mailing
requirements with those of PHMSA by requiring the marking standards
described in this final rule on all parcels intended for air
transportation. Effective January 1, 2013, the optional marking
standards for parcels containing mailable hazardous materials described
in the August 6, 2012, DMM revision will become mandatory for materials
intended for air transportation.
Effective January 1, 2013, the Postal Service will begin to
categorize hazardous materials meeting the current 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. The Postal Service will also 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.
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 under
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, UN3334 and UN3335, will 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.
Effective January 1, 2013, the Postal Service will also require the
use of other DOT hazardous warning labels on packages intended for air
transportation, which contain 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 no longer define a consumer commodity
category for these particular hazard classes. Similarly, the DOT will
not define a consumer commodity in hazard Class 4 (flammable solids);
however this will not have an impact for USPS mailers
[[Page 70897]]
because 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.
Before 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.
Surface Transport Standards for January 1, 2015
The Postal Service plans to implement the final segment of its
alignment with PHMSA by eliminating the optional ORM-D markings and
categorization for hazardous materials intended for surface
transportation on January 1, 2015. The use of ORM-D markings will no
longer be permitted for use with any materials being tendered for
transport within USPS networks, either by surface or air. After this
date, all mailpieces containing hazardous materials will be required to
be marked using the appropriate DOT square-on-point marking.
With this revision, 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.
Comments
The Postal Service received three comments in response to the
October 3, 2012, proposed rule, with some commenters addressing more
than a single issue. All commenters were generally in support of the
Postal Service's actions to align with DOT regulations in regards to
the mailing of hazardous materials. These comments are summarized as
follows:
Comment: One commenter questions why the Postal Service would agree
to adopt PHMSA regulations, provided in 49 Code of Federal Regulations
(CFR) into their mailing standards when the Postal Service claims to be
regulated by 39 CFR.
Response: Although Postal Service mailing standards are provided in
39 CFR, the Postal Service attempts to maintain consistency with 49 CFR
whenever possible. Generally, Postal Service mailing standards are more
restrictive than those provided in 49 CFR, and include many additional
limitations and prohibitions not applicable to commercial carriers. One
benefit of the Postal Service's alignment with PHMSA is that it will
provide for consistency in the marking requirements for hazardous
materials, whether transported through the Postal Service or a
commercial carrier. Another benefit to the alignment with PHMSA
regulations is the adoption of common categorization and terminology.
The Postal Service expects that the use of terminology common to both
the DOT and USPS will improve the processing and consistency of rulings
on the mailability of hazardous materials and will make these rulings
more consistent.
Comment: A commenter asks if the Postal Service intends to provide
appropriate labeling, marking, and packaging material.
Response: Although the Postal Service provides mailing supplies and
packaging for customer use with some postal products, it generally does
not provide supplies expressly for the purpose of mailing hazardous
materials. The Postal Service does not intend to modify its current
policy as a result of the changes described in this notice.
Comment: A commenter states that the DMM revisions provided by the
Postal Service in its October 3, 2012 proposed rule are inconsistent
with Publication 52, as it relates to the mailability of UN3175, solids
containing flammable liquids, materials. The commenter notes that
Publication 52 limits the mailing of these materials only to surface
transportation.
Response: The Postal Service agrees and has chosen not to provide
an option for air transportation of these materials. The Postal Service
has revised its proposed standards accordingly. Qualifying UN3175
materials may still be shipped via USPS surface transportation.
Comment: A commenter states that the mailing standards provided in
the October 3, 2012, proposed rule incorrectly imply that all hazardous
materials in hazard Classes 2.2, 3, 6.1, and 9 are eligible to be
reclassified under Class 9 and permitted to bear the ID8000
identification number, when being shipped through the Postal Service.
The commenter recommends revised language to clarify that this option
is applicable only to articles or substances that meet the definition
of a consumer commodity in hazard Class 2 (non-toxic aerosols only),
Class 3 (packing group II and III only), Division 6.1 (packing group
III only), or UN3077 and UN3082 materials that do not have subsidiary
risk and are authorized aboard passenger aircraft.
Response: It was not the intent of the Postal Service to either
limit or expand the group of hazardous materials presently mailable by
air transportation. The Postal Service believes that use of the
language recommended by the commenter would limit the mailability of
some materials currently accepted for air transportation. However, the
Postal Service agrees with the commenter that further clarification is
necessary to specify that only certain materials and quantities are
eligible for air transportation in USPS networks. Therefore, the Postal
Service will modify the October 3, 2012, proposed language to specify
that only mailable air-eligible consumer commodity materials can be
tendered to the Postal Service for air transportation.
Comment: A commenter expressed concern that the regulations
provided by PHMSA in its January 19, 2011, Federal Register final rule
relates a false impression that all hazard Class 3, 6.1 and 9
materials, including lithium batteries would be eligible to be
reclassified under hazard Class 9 and permitted to bear the ID8000
identification number.
Response: Without commenting on the objective of PHMSA relative to
the transport of lithium batteries, the Postal Service intends to
continue to provide standards unique to the mailing of lithium
batteries and solid carbon dioxide (dry ice) and will not provide an
option for mailers to classify or mark parcels containing lithium
batteries or dry ice as ID8000 materials.
Comment: A commenter states that the Postal Service's January 1,
2015, proposed implementation date for the surface transportation
portion of these standards is premature. This commenter states that the
HMR allows for materials to classified and marked as ORM-D for surface
transportation until December 31, 2013, and that PHMSA has only
proposed to extend the required date for these regulations until
January 1, 2015.
Response: This commenter is correct in that PHMSA has only proposed
to delay their implementation until January 1, 2015, however the Postal
Service expects the extension of their implementation date to be
adopted. The Postal Service views the timeline for implementation of
the standards
[[Page 70898]]
relating to surface transportation to be less critical than those for
air transportation and has proposed a January 1, 2015, implementation
date as the most likely to correspond with the actual PHMSA effective
date. However, the Postal Service expects to be able to implement its
standards relating to surface transportation either before or after
PHMSA's implementation date without significant issues.
Implementation
The applicable standards contained in this final rule are effective
on January 1, 2013, and will be incorporated into the DMM on January
27, 2013, corresponding with the previously scheduled price change
update.
The Postal Service adopts the following changes to Mailing
Standards of the United States Postal Service, Domestic Mail Manual
(DMM), which is 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 amended as follows:
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); 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.
0
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, 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
Classes 4, 5, 8 or portions of 9 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
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Transportation method
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Class Hazard class name and Domestic mail
division Domestic mail air surface International mail
transportation transportation
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* * * * *
[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-- Prohibited.
2.1 Flammable Gases Division 2.2: Only
2.2 Nonflammable, mailable air-
Nontoxic Gases eligible Consumer
2.3 Toxic Gases Commodity materials
per 10.12.2.
3..................... Flammable and Flammable liquids:
Combustible Liquids Prohibited.
Combustibles: Only
mailable air-
eligible Consumer
Commodity materials
per 10.13.3.
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[[Page 70899]]
* * * * *
[Revise text for hazard Classes 5 and 6, under the ``Domestic Mail
Air Transportation'' column (only) as follows:]
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5..................... Oxidizing Substances, Only air-eligible
Organic Peroxides Mailable Limited
Division-- Quantity materials
5.1 Oxidizing per 10.15.2.
Substances
5.2 Organic Peroxides
6..................... Toxic Substances and Division 6.1: Only
Infectious mailable air-
Substances eligible Consumer
Division-- Commodity materials
6.1 Toxic Substances per 10.16.2.
6.2 Infectious Division 6.2: Only
Substances per 10.17.
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* * * * *
[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.
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[Revise text for hazard Class 9, under the ``Hazard Class Name and
Division'' and ``Domestic Mail Air Transportation'' columns (only) as
follows:]
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9..................... Miscellaneous Only mailable air-
Hazardous Materials eligible Consumer
ID8000 materials Commodity materials
UN3077, UN3082, per 10.20.
UN3334, or UN3335
materials
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* * * * *
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 ORM-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 air-eligible 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 before 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 applies:
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
applies:
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.
[[Page 70900]]
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
as Express Mail, Priority Mail, First-Class Mail, or First-Class
Package Service, 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 as Standard
Mail, Parcel Post, Parcel Select, or Package Services, 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 as Express Mail, Priority
Mail, First-Class Mail, or First-Class Package Service, must meet the
requirements for air transportation. The following types of hazardous
materials are always prohibited on air transportation regardless of
class of mail:
* * * * *
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. Mailable 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 as a consumer commodity
material when intended for air transportation, and also 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 when the following conditions are met 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
[[Page 70901]]
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 material can qualify as an ORM-D material (until January 1, 2015),
when intended for ground transportation; or an air-eligible 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 mailable air-eligible 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 mailable
air-eligible 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; and 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 an air-
eligible 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.
* * * * *
[[Page 70902]]
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 mailable air-eligible 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.
Stanley F. Mires,
Attorney, Legal Policy and Legislative Advice.
[FR Doc. 2012-28673 Filed 11-27-12; 8:45 am]
BILLING CODE 7710-12-P