New Mailing Standards for Hazardous Materials Outer Packaging and Nonregulated Toxic Materials

<RULE> POSTAL SERVICE <CFR>39 CFR Parts 111 and 211</CFR> <SUBJECT>New Mailing Standards for Hazardous Materials Outer Packaging and Nonregulated Toxic Materials</SUBJECT> <HD SOURCE="HED">AGENCY:</HD> Postal Service <E T="51">TM</E> . <HD SOURCE="HED">ACTION:</HD> Final rule. <SUM> <HD SOURCE="HED">SUMMARY:</HD> The Postal Service is amending Publication 52, <E T="03">Hazardous, Restricted, and Perishable Mail</E> (Pub 52 or Publication 52) by adding new section 131 to require specific outer packaging when mailing most hazardous materials (HAZMAT) or dangerous goods (DG), to remove quantity restrictions for nonregulated toxic materials, and to remove the telephone number requirement from the lithium battery mark. </SUM> <EFFDATE> <HD SOURCE="HED">DATES:</HD> Effective January 27, 2025. Applicable beginning January 19, 2025. </EFFDATE> <FURINF> <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD> Dale Kennedy, (202) 268-6592, or Jennifer Cox, (202) 268-2108. </FURINF> <SUPLINF> <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD> The Postal Service amends Publication 52, <E T="03">Hazardous, Restricted, and Perishable Mail</E> (Pub 52 or Publication 52), with the provisions set forth herein. While not codified in title 39 of the Code of Federal Regulations (CFR), Publication 52 is a regulation of the Postal Service, and changes to it may be published in the <E T="04">Federal Register</E> . 39 CFR 211.2(a)(2). Moreover, Publication 52 is incorporated by reference into <E T="03">Mailing Standards of the United States Postal Service,</E> Domestic Mail Manual (DMM) section 601.8.1, which is incorporated by reference, in turn, into the Code of Federal Regulations. 39 CFR 111.1 and 111.3. Publication 52 is publicly available, in a read-only format, via the Postal Explorer® website at <E T="03">https://pe.usps.com.</E> In addition, links to Postal Explorer are provided on the landing page of <E T="03">USPS.com,</E> the Postal Service's primary customer-facing website, and on <E T="03">Postal Pro,</E> an online informational source available to postal customers. <HD SOURCE="HD1">Summary of New Measures</HD> The Postal Service is the sole regulatory authority for the mail but aligns with regulations within 49 CFR in some instances. Per the regulations in 49 CFR 171.1(d)(7) the Postal Service is not subject to the regulations in the Hazardous Materials Regulations (HMR). Due to the increase of eCommerce shipping over the last several years, HAZMAT/Dangerous Goods (DG) incidents have increased significantly. Historic postal data from 2020 through 2022, showed a significant increase in HAZMAT/DG incidents, which prompted the Postal Service to implement new policies requiring mailers to present HAZMAT/DG separately from non-HAZMAT/DG and to include HAZMAT Service Type Codes (STC) and Extra Service Codes (ESC) when packages contain HAZMAT/DG. These requirements, at least in part, resulted in a 20% reduction of overall HAZMAT/DG incidents in 2023. Except as otherwise specified below, the Postal Service will require mailers shipping HAZMAT or DG to utilize rigid outer packaging that meets a minimum edge crush test requirement of at least 32 or 200 lbs. burst test strength for packages weighing 20 pounds or less and at least 44 edge crush test or 275 lbs. burst test strength for packages weighing more than 20 pounds. By implementing these requirements, the capability of packages to withstand normal processing and handling from induction to delivery point will be increased, reducing the overall potential for HAZMAT or DG incidents. Previously, the uses of padded and poly bags as outer packaging were permitted only when the mailpiece contained button cell batteries installed in the equipment/device they operate. This change will now allow mailers to use padded or poly bags as outer packaging for shipments containing lithium batteries installed in the new or manufacturer refurbished equipment/device they operate when placed within in a secondary container ( <E T="03">i.e.,</E> the manufacturer's box) that can withstand a 1.2-meter drop test, and only if they do not display and are not required to display HAZMAT text, marks or labels as provided in sections 349.221a6, 622.51f, and 622.52g of Publication 52. The Postal Service will remove quantity restrictions for nonregulated liquid and solid toxic materials, for products such as pesticides, insecticides, and herbicides in section 346.232 of Publication 52, but any such items must be contained within outer packaging meeting the requirements of section 131 of Publication 52. Lastly, the Postal Service will align with Pipeline and Hazardous Materials Safety Administration's (PHMSA) decision to remove the telephone number requirement from the lithium battery mark. <SU>1</SU> <FTREF/> The Postal Service encourages mailers to switch to a mark that does not include a telephone number as soon as possible and be fully compliant by January 1, 2027. <FTNT> <SU>1</SU>   <E T="03">See</E> Department of Transportation, Pipeline and Hazardous Materials Safety Administration, Hazardous Materials: Harmonization With International Standards, 89 FR 25434, 25490 (Apr. 10, 2024). </FTNT> This new rule reduces complexity and provides consistency for all customers. Therefore, the Postal Service believes this rule will provide a continued reduction in incidents and enhance the safety of our employees, our networks, and our transportation partners. <HD SOURCE="HD1">Response to Comments</HD> In response to the proposed rule (88 FR 86868, December 15, 2023), the Postal Service received six formal responses to the proposed changes. The comments received are as follows: <E T="03">Comment:</E> One commenter requested a 60-day extension to the public comment period. <E T="03">Response:</E> The Postal Service was unable to grant this request. <E T="03">Comment:</E> One commenter indicated they didn't believe outer packaging requirements should be based on the weight of hazardous materials, but instead on the total package weight and provided alternate language for new section 131. <E T="03">Response:</E> The Postal Service agrees with the alternate language and has incorporated it within new section 131. <E T="03">Comment:</E> One commenter indicated that the last sentence of proposed section 131 was very obtuse and may be misconstrued that it is applicable to item b. The commenter suggested revisions to include a new item c. and updates to items a. and b. to incorporate the revision. <E T="03">Response:</E> The Postal Service appreciates the feedback and understands there may be room for improvement, therefore, proposed section 131 has been revised to clarify that the lithium battery related exception is not in reference to the previous item. <E T="03">Comment:</E> Two commenters supported the update to nonregulated toxic materials in section 346.232 of Publication 52 but suggested removing the reference to 49 CFR 172.101 (the Hazardous Materials Table) in the proposed Publication 52 revision. <E T="03">Response:</E> The Postal Service appreciates the supportive comment and recommendations regarding the reference to the 49 CFR hazardous materials table. Section 346.232 has been revised accordingly. <E T="03">Comment:</E> One commenter suggested that the entire package should be reviewed for strength not just the outer layer. This commenter further suggested that a lower minimum crush test requirement be considered for pieces weighing less than three ounces. <E T="03">Response:</E> The Postal Service appreciates this feedback. To prevent additional complexities to the regulations, the Postal Service is moving forward with the originally proposed outer package strength requirements. Mailers who believe their packaging configuration meets the necessary strength requirements may request consideration for use of such packaging in writing to the Postal Service's Director, Product Classification. <E T="03">Comment:</E> Two commenters believed that setting minimum strength requirements for strong outer packaging goes beyond the requirements of the HMR and far exceeds what is necessary. In doing so, the Postal Service will increase costs to its customers and will hurt sustainability efforts. <E T="03">Response:</E> The Postal Service appreciates the feedback regarding the outer packaging strength requirements. However, the Postal Service believes this change is necessary to establish clear parameters for all customers, not just those customers who are well versed and trained in hazardous material shipping requirements. In the past, customers have expressed confusion when the word, “rigid” was used for outer packaging requirements. This term is open to interpretation and, for instance, some customers believe that card stock or clay-coated paper is rigid and would be sufficient as outer packaging. By clarifying and specifying the requirements, all Postal Service customers will have a clear understanding of the requirements. Many manufacturers are already constructing packaging that meets or exceeds the new outer packaging requirements, contributing to sustainability. <E T="03">Comment:</E> Two commenters suggested the Postal Service share aggregate reports of incidents, including the type of packaging utilized, and conduct stakeholder meetings to discuss incidents to inform the public of the challenges the Postal Service is facing during normal handling of hazardous materials. <E T="03">Response:</E> Aggregate incident report data has been shared in the Summary of New Measures. However, the report does not include the type of packaging utilized. Currently, the Postal Service contacts customers regarding incidents and routinely consults with them until their packaging meets current requirements. The Postal Service appreciates th ━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━ Preview showing 10k of 36k characters. 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