[Federal Register Volume 77, Number 229 (Wednesday, November 28, 2012)]
[Rules and Regulations]
[Pages 70895-70902]
From the Federal Register Online via the Government Printing 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
----------------------------------------------------------------------------------------------------------------
                                                                     Transportation method
                                              ------------------------------------------------------------------
         Class          Hazard class name and                             Domestic mail
                               division          Domestic mail air           surface         International mail
                                                   transportation        transportation
 
----------------------------------------------------------------------------------------------------------------
----------------------------------------------------------------------------------------------------------------

* * * * *
    [Revise text for hazard Classes 2 and 3, under the ``Domestic Mail 
Air Transportation'' column (only) as follows:]

----------------------------------------------------------------------------------------------------------------
 
----------------------------------------------------------------------------------------------------------------
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.
----------------------------------------------------------------------------------------------------------------


[[Page 70899]]

* * * * *
    [Revise text for hazard Classes 5 and 6, under the ``Domestic Mail 
Air Transportation'' column (only) as follows:]

----------------------------------------------------------------------------------------------------------------
 
----------------------------------------------------------------------------------------------------------------
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.
----------------------------------------------------------------------------------------------------------------

* * * * *
    [Revise text for hazard Class 8, under the ``Domestic Mail Air 
Transportation'' column (only) as follows:]

----------------------------------------------------------------------------------------------------------------
 
----------------------------------------------------------------------------------------------------------------
8.....................  Corrosives             Only Mailable Limited
                                                Quantity materials
                                                per 10.19.2.
----------------------------------------------------------------------------------------------------------------

    [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 mailable air-
                         Hazardous Materials    eligible Consumer
                        ID8000 materials        Commodity materials
                         UN3077, UN3082,        per 10.20.
                         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 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