34197 Federal Register / Vol. 87, No. 108 / Monday, June 6, 2022 / Rules and Regulations 
must comply with § 187.307. The 
application must include the existing certificate unless the certificate is lost, stolen, mutilated, destroyed, or otherwise unavailable. 
(c) A replacement certificate of title 
created by the office must comply with § 187.309 and indicate on the face of the certificate that it is a replacement certificate. 
(d) If a person receiving a replacement 
certificate of title subsequently obtains possession of the original written certificate, the person must promptly destroy the original certificate of title. 
§ 187.323 Rights of purchaser other than 
secured party. 
(a) A buyer in ordinary course of 
business has the protections afforded by 
State law even if an existing certificate of title was not signed and delivered to the buyer or a new certificate listing the buyer as owner of record was not created. 
(b) Except as otherwise provided in 
§§ 187.317 and 187.324, the rights of a purchaser of a vessel who is not a buyer in ordinary course of business or a lien creditor are governed by State law. 
§ 187.324 Rights of secured party. 
(a) Subject to paragraph (b) of this 
section, the effect of perfection and non- perfection of a security interest and the priority of a perfected or unperfected security interest with respect to the rights of a purchaser or creditor, including a lien creditor, is governed by State law. 
(b) If, while a security interest in a 
vessel is perfected by any method under this subpart, the office creates a certificate of title that does not indicate that the vessel is subject to the security interest or contain a statement that it may be subject to security interests not indicated on the certificate— 
(1) A buyer of the vessel, other than 
a person in the business of selling or leasing vessels of that kind, takes free of the security interest if the buyer, acting in good faith and without knowledge of the security interest, gives value and receives possession of the vessel; and 
(2) The security interest is 
subordinate to a conflicting security interest in the vessel that is perfected under § 187.315 after creation of the certificate and without the conflicting secured party’s knowledge of the security interest. 
§ 187.325 Duties and operation of office. 
(a) The office must retain the evidence 
used to establish the accuracy of the information in its files relating to the current ownership of a vessel and the information on the certificate of title. (b) The office must retain in its files 
all information regarding a security 
interest in a vessel for at least 10 years after the office receives a termination statement regarding the security interest. The information must be accessible by the hull identification number (HIN) for the vessel and any other methods provided by the office. 
(c) If a person submits a record to the 
office, or submits information that is accepted by the office, and requests an acknowledgment of the filing or submission, the office must send to the person an acknowledgment showing the HIN of the vessel to which the record or submission relates, the information in the filed record or submission, and the date and time the record was received or the submission accepted. A request under this section must contain the HIN and be delivered by means authorized by the office. 
(d) The office must send or otherwise 
make available in a record the following information to any person that requests it and pays the applicable fee: 
(1) Whether the files of the office 
indicate, as of a date and time specified by the office, but not a date earlier than 3 days before the office received the request, any certificate of title, security interest, termination statement, or title brand that relates to a vessel— 
(i) Identified by a HIN designated in 
the request; 
(ii) Identified by a vessel number 
designated in the request; or 
(iii) Owned by a person designated in 
the request. 
(2) With respect to the vessel— 
(i) The name and address of any 
owner as indicated in the files of the 
office or on the certificate of title; 
(ii) The name and address of any 
secured party as indicated in the files of 
the office or on the certificate, and the effective date of the information; and 
(iii) A copy of any termination 
statement indicated in the files of the office and the effective date of the termination statement. 
(3) With respect to the vessel, a copy 
of any certificate of origin, secured party transfer statement, transfer-by-law statement under § 187.320, and other evidence of previous or current transfers of ownership. 
(e) In responding to a request under 
this section, the office may provide the requested information in any medium. On request, the office must send the requested information in a record that is in keeping with State rules of evidence. Dated: May 31, 2022. 
W.R. Arguin, 
Rear Admiral, U.S. Coast Guard, Assistant 
Commandant for Prevention Policy. 
[FR Doc. 2022–11995 Filed 6–3–22; 8:45 am] 
BILLING CODE 9110–04–P 
POSTAL SERVICE 
39 CFR Part 111 New Mailing Standards for the 
Separation of Hazardous Materials 
AGENCY : Postal ServiceTM. 
ACTION : Interim final rule. 
SUMMARY : The Postal Service is revising 
Publication 52, Hazardous, Restricted, and Perishable Mail (Pub 52), to 
incorporate new requirements for mailers to separate, into identifiable containers, all hazardous material (HAZMAT) requiring hazardous marks or labels from other mail when tendering to the Postal Service. The Postal Service is also adopting related standard operating procedures for the Postal Service’s acceptance, dispatch, and mail processing personnel to maintain the integrity of HAZMAT separation. Additionally, the Postal Service will now require pre-owned, damaged, or defective electronic devices containing or packed with lithium batteries to be mailed only via surface transportation and to bear specified markings. 
DATES : 
Effective date: This rule is effective 
June 6, 2022. 
Comments due date: Comments must 
be received on or before July 6, 2022. 
ADDRESSES : Mail or deliver written 
comments to the Manager, Product Classification, U.S. Postal Service, 475 L’Enfant Plaza SW, Room 4446, Washington, DC 20260–3436. Email comments containing the name and address of the commenter may be sent to PCFederalRegister@usps.gov, with a 
subject line of ‘‘New Mailing Standards for the Separation of Hazardous Materials.’’ Faxed comments are not accepted. All submitted comments and attachments are part of the public record and subject to disclosure. Do not enclose any material in your comments that you consider to be confidential or inappropriate for public disclosure. 
You may inspect and photocopy all 
written comments, by appointment only, at USPS
®Headquarters Library, 
475 L’Enfant Plaza SW, 11th Floor North, Washington, DC 20260. These records are available for review Monday through Friday, 9 a.m. and 4 p.m. by calling 202–268–2906. 
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1The FAA notes that the publicly reported 
incidents do not represent all incidents reported to 
the FAA, let alone all such incidents at large. FOR FURTHER INFORMATION CONTACT : Dale 
Kennedy, (202) 268–6592, or Jennifer 
Anderson, (202) 268–2108. 
SUPPLEMENTARY INFORMATION : 
Background 
The Postal Service hereby amends 
Publication 52, Hazardous, Restricted, 
and Perishable Mail, with the provisions set forth herein. While not codified in title 39, Code of Federal Regulations (‘‘CFR’’), Publication 52 is a regulation of the Postal Service, and changes to it may be published in the Federal Register. 39 CFR 211.2(a)(2). Moreover, Publication 52 is incorporated by reference into Mailing Standards of the United States Postal Service, 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, 111.3. Publication 52 is publicly available, in a read-only format, via the Postal Explorer
®website at https://
pe.usps.com. In addition, links to Postal 
Explorer are provided on the landing page of USPS.com, the Postal Service’s 
primary customer-facing website, and on Postal Pro, an online informational 
source available to postal customers. 
Misrouted and mishandled HAZMAT 
can and does cause fires, spills, corrosion, and other dangers to personnel and equipment of the Postal Service, air carriers, and surface transportation providers, as well as to mailers’ property and to aircraft passengers. 
In particular, the increasing consumer 
use of lithium metal and lithium-ion batteries has brought a concomitant rise in fires and other dangerous incidents related to such batteries. The Federal Aviation Administration (FAA) has publicly reported 365 aviation incidents involving lithium batteries between January 23, 2006, and May 1, 2022, including a substantial number in just the most recent twelve months. FAA, Events with Smoke, Fire, Extreme Heat, or Explosion Involving Lithium Batteries, May 1, 2022, https://go.usa.gov/xusNT.
1 
The Pipeline and Hazardous Materials 
Safety Administration (PHMSA) has similarly reported a number of incidents involving mail between 2014 and 2021. See PHMSA, Incident Statistics, last updated Mar. 9, 2022, https://go.usa.gov/xJrSS. One-third of the 
PHMSA-reported mail incidents occurred on passenger aircraft; approximately half were discovered because of a thermal or release event; and more than half were discovered 
only after flight. A plurality of such items were Class 9 items such as lithium batteries, and many were ineligible for air transportation. Moreover, in recent compliance inspections, PHMSA investigators ‘‘routinely saw shippers and carriers improperly package and ship lithium batteries for disposal or recycling,’’ including ‘‘packaging lithium batteries in a way that did not prevent short circuits, mixing damaged lithium batteries with other batteries in the same packaging within shipments for disposal or recycling, and shipping pallet loads of batteries in boxes and drums with inappropriate identification of the packages’ contents.’’ PHMSA, Safety Advisory Notice for the Disposal and Recycling of Lithium Batteries in Commercial Transportation 1–2, May 17, 2022, https://go.usa.gov/xJY3J. 
Internal Postal Inspection Service data 
and anecdotal reports from commercial air-carrier partners over the last few years likewise indicate a consistent and alarming rise in incidents involving mailed packages of both lithium batteries and other HAZMAT, including flammable liquids, aerosols, and strike- anywhere matches. Incidents include unlabeled or improperly labeled air- ineligible HAZMAT being accepted for air transportation, as well as properly prepared air-ineligible HAZMAT that was improperly routed to air transportation because it was commingled with other mail and insufficiently visible to Postal Service personnel. 
The FAA and PHMSA have issued 
standards for safe carriage of lithium batteries, including a prohibition on air transportation of damaged, defective, or recalled lithium batteries. See, e.g., 49 
CFR 173.185. However, the determinants of hazard risk, such as damage, defects, state of charge, or packaging of batteries, are not outwardly apparent to Postal Service and other personnel handling packages. In other respects as well, safety depends on a shipper’s awareness of and compliance with packaging, labeling, marking, and other HAZMAT shipping requirements. If a shipper does not make HAZMAT adequately visible to Postal Service personnel responsible for acceptance and sortation, then there is an 
unacceptably high risk that postal and air-carrier personnel will not know that the item warrants special handling and routing. 
While many incidents involving 
HAZMAT in the mail are minor and controllable, the risk of a major threat to an aircraft—including, in particular, passenger aircraft—and other infrastructure and personnel is real, severe, and growing with the rise in 
lithium-battery and other hazardous shipments. By way of illustration, the U.S. Coast Guard (USCG) recently reported that on August 19, 2021, a shipping container loaded with discarded lithium batteries caught fire, with heat intense enough not only to destroy much of the cargo, but also to burn a hole in the container’s structure itself. USCG, Marine Safety Alert: Lithium Battery Fire, Mar. 10, 2022, https://go.usa.gov/xJYxu. USCG noted 
that the incident would have been ‘‘catastrophic’’ if it had occurred after loading onto the container ship. The same could be said if a similar fire arose from discarded lithium batteries aboard passenger aircraft. It is imperative that the Postal Service undertake measures to reduce the risk to its operations and aviation safety. 
On August 3, 2020, the Postal Service 
published a notice of proposed rulemaking regarding a proposed requirement to separate air-eligible HAZMAT from all other matter in a mailing. 85 FR 46575. The Postal Service received several comments on that notice, and it appreciates the valuable public input. In particular, multiple commenters expressed support for the proposition of separating HAZMAT from non-HAZMAT matter and for further improving the Postal Service’s ability to ensure that air- ineligible HAZMAT is not inadvertently loaded onto air transportation. Further study and intervening events have made clear that the initial proposal would not be sufficiently effective to mitigate the risk that HAZMAT poses to other mail; postal and air-carrier equipment and personnel; commercial air passengers; and the public at large. In lieu of the earlier proposal, therefore, the Postal 
Service is adopting the three measures described herein and solicits public comment on the new measures. 
Summary of New Measures 
In addition to preexisting packaging, 
labeling, and marking requirements and 
other conditions for mailability, two conditions are necessary to ensure the proper handling and routing of HAZMAT. 
The first condition is visibility: The 
Postal Service must be aware of HAZMAT shipments in order to accord them appropriate attention. A HAZMAT package can easily evade postal HAZMAT processing if it is nestled beneath non-HAZMAT packages in a bulk mail receptacle. To address this problem, the Postal Service will require mailers tendering a mix of HAZMAT and non-HAZMAT items to present them separately, including in separate 
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mail receptacles with the exception of 
mail entered at a Destination Delivery Unit (DDU), Destination Sectional Center Facility (DSCF) or Destination Network Distribution Center (DNDC). In contrast with the 2020 proposed rule, customers are required to separate all HAZMAT from non-HAZMAT, rather than only air-eligible HAZMAT, from other mail. While visibility is important for air-eligible HAZMAT to ensure proper handling, it is also important that surface-only HAZMAT not be erroneously routed to air transportation due to commingling with non- HAZMAT. Separating all HAZMAT from non-HAZMAT will reduce the likelihood of commingling and increase the opportunity for Postal Service personnel to determine the proper procedures for any HAZMAT items presented. 
The second condition is separation 
integrity: Once recognized, the Postal 
Service must ensure that HAZMAT is not commingled with non-HAZMAT, lest it be improperly handled or routed. Therefore, the Postal Service is directing personnel to keep HAZMAT items separate from non-HAZMAT items at all points in the mailstream. 
This interim final rule also introduces 
specific labeling requirements for packages containing pre-owned, damaged, or defective electronic devices containing or packed with lithium batteries, and bars them from eligibility for any Postal Service product that makes routine use of air transportation. Among other things, mailings covered by the new requirements include used items sent pursuant to e-commerce or private sales transactions; lost items being returned to the owner; and items sent for repair, replacement, upgrade, warranty service, diagnostics, recycling, or insurance claims. For clarity, pre- owned electronic devices exclude those that are in new, unopened manufacturer packaging. 
The Postal Service and its partner air 
carriers have identified pre-owned, damaged, and defective electronic devices containing lithium batteries as a particular and growing cause of lithium- battery incidents. Indeed, damaged, defective, and recalled lithium cells and batteries are already ineligible for air transportation. 49 CFR 173.185(f). Beyond devices with damage or defects 
to batteries themselves, such devices may also have other damage or defects that increase the chances of exposure and ignition of even an intact battery. Moreover, such devices are highly likely to be packaged without original packaging and have batteries in various conditions and varying states of charge. In contrast with new electronic devices in manufacturers’ original packaging, 
consumers sending pre-owned, damaged, and defective electronic devices are less likely to be aware of HAZMAT requirements, let alone to comply with them. 
As a result of these factors, lithium 
batteries in pre-owned, damaged, and defective electronic devices pose a particular hazard, as demonstrated by numerous incidents reported to the Postal Service as involving such items. To reduce the risk of such incidents occurring on air transportation, the Postal Service will restrict pre-owned, damaged, and defective electronic devices containing or packaged with lithium batteries to domestic products that use surface transportation. Consequently, such items will be prohibited in inbound and outbound international mail; mail to, from, and between overseas military and diplomatic addresses; and mail to, from, and within certain domestic locations for which the Postal Service lacks surface transportation. Moreover, to ensure adequate visibility, the Postal Service will require that packages containing pre-owned, damaged, and defective electronic devices containing or packaged with lithium batteries be marked ‘‘Restricted Electronic Device’’ and ‘‘Surface Transportation Only,’’ in addition to any other applicable markings. 
As explained in the next section, the 
Postal Service has decided to implement these requirements immediately, due to the urgency of the danger to personnel, property, passengers, and the public. Nevertheless, the Postal Service is providing the public with a 30-day period for submission of comments on these changes. Following the 30-day public comment period, the Postal Service will review and consider 
comments received and then publish a further final rule responding to those comments and making any changes to this interim final rule. 
Administrative Procedure Act 
The Administrative Procedure Act 
(APA) does not ordinarily apply to 
Postal Service rulemakings. 39 U.S.C. 410(a). As a rare exception to that general rule, ‘‘proceedings concerning the mailability of matter under this chapter and chapters 71 and 83 of title 18’’ are extraordinarily subject to the APA. 39 U.S.C. 3001(m). Because the measures herein merely concern acceptance requirements, available services, and conditions of mailing for mailable matter, and do not concern the mailability of matter itself, they do not trigger the narrow exception for APA applicability. Even if this notice were deemed to be 
subject to the APA, good cause would 
exist, under 5 U.S.C. 553(b)(B), to issue the measures through this interim final rule without prior notice and a prior opportunity for public comment and, under 5 U.S.C. 553(d)(3), to dispense with the delayed effective date ordinarily prescribed by the APA. Pursuant to section 553(b)(B) of the APA, general notice and the opportunity for public comment are not required with respect to a rulemaking when an ‘‘agency for good cause finds (and incorporates the finding and a brief statement of reasons therefor in the rules issued) that notice and public procedure thereon are impracticable, unnecessary, or contrary to the public interest.’’ The APA also requires a 30- day delayed effective date, except, as relevant here, ‘‘as . . . provided by the agency for good cause found and published with the rule.’’ 5 U.S.C. 553(d)(3). 
The Postal Service finds that it would 
be impracticable and contrary to the public interest to delay issuance of this rule for the purpose of soliciting prior public comment because there is an immediate and pressing need to reduce the risks that HAZMAT poses to postal operations, supplier equipment and personnel, commercial air passengers, and the public. As described in the sections above, internal and public incident data and discussions with commercial air-carrier partners indicate an alarming rise in HAZMAT-related incidents in recent years. The rise in incidents concerns various forms of HAZMAT posing hazards to air transportation, including lithium batteries, flammable liquids and solids, and aerosols. As discussed in the preceding sections of this notice, pre- owned, damaged, and defective electronic devices containing or packaged with lithium batteries have been associated with a particular surge in fires and other incidents due to their compromised state, varying states of charge, lack of original packaging, and tender by consumers less likely to be aware of HAZMAT requirements than original equipment manufacturers and vendors. Any delay in implementation would intolerably increase the odds of a fire, explosion, or other catastrophic harm to personnel, property, passengers, and the public. Thus, delaying the implementation of the risk-mitigation measures in this interim final rule in order to receive and consider public comment would be impracticable and 
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2See Jifry v. FAA, 370 F.3d 1174, 1179 (D.C. Cir. 
2004) (upholding waiver of 5 U.S.C. 553(b)(B) based 
on Transportation Security Administration’s determination that it was ‘‘necessary to prevent a possible imminent hazard to aircraft, persons, and property within the United States’’); Hawaii Helicopter Operators Ass’n v. FAA, 51 F.3d 212, 
214 (9th Cir. 1995) (same, where interim final rule was aimed at immediately mitigating ‘‘the threat to public safety reflected in an increasing number of helicopter accidents’’). contrary to the public interest.2 
Immediate mitigation of these urgent 
safety risks also constitutes good cause for this interim rule to be effective immediately upon publication. 
Joshua J. Hofer, 
Attorney, Federal Compliance. 
The Postal Service adopts the 
following changes to Publication 52, 
Hazardous, Restricted, and Perishable Mail, incorporated by reference into 
Mailing Standards of the United States Postal Service, Domestic Mail Manual (DMM), section 601.8.1, which is further incorporated by reference in the Code of Federal Regulations. 39 CFR 111.1, 111.3. Publication 52 is also a regulation of the Postal Service, changes to which may be published in the Federal Register. 39 CFR 211.2(a). Accordingly, for the reasons stated in the preamble, the Postal Service amends Publication 52 as follows: 
Publication 52, Hazardous, Restricted 
and Perishable Mail 
* * * * * 
2 General Guidelines 
* * * * * 
[Revise the title of subchapter 25 to 
read as follows:] 
25 Basic Guidelines for Postal Service 
Personnel 
* * * * * 
251 Guidelines for Acceptance 
Personnel 
[Add new item c, renumber current 
item c as item d, revise item e (as renumbered), and add new items f and g to read as follows:] 
c. With the exception of mail entered 
at a Destination Delivery Unit (DDU), Destination Sectional Center Facility (DSCF), or Destination Network Distribution Center (DNDC) verify that all mailpieces containing mailable hazardous materials are presented separately from mailpieces not containing hazardous materials. 
d. Refuse (as permitted in POM 139) 
to accept any material that does not meet the applicable requirements for mailing and refer the circumstances to your local Postmaster or PCSC for a mailability ruling under 213 or 215, as 
appropriate. 
e. If a mailpiece containing a 
diagnostic (clinical) specimen is in a sack or tub, PS Tag 44 must be attached to ensure that the sack will be emptied at the processing point. 
f. With the exception of mail entered 
at a DDU, DSCF, or DNDC ensure 
mailpieces containing hazardous materials remain separated from other mailpieces and are placed into labeled containers further separated by transportation type. See 327.1a and 327.1b. 
g. See 253 for guidance regarding 
hazardous materials found in lobby drops or retail collection boxes. 
* * * * * 
252 Guidelines for Dispatch Personnel 
[Insert new item b as follows, and 
renumber current item b as item c:] 
b. Ensure that all mailpieces with a 
hazardous-materials mark or label are 
separated from all other mail and are placed into labeled containers further separated by transportation type. See 327.1a and 327.1b. 
* * * * * 
[Revise item 5 in item c (as 
renumbered) to read as follows:] 
5. If the mailpiece contains a material 
believed to be nonmailable, remove it 
from the mailstream and treat it in accordance with POM 139.117–.118, as appropriate. 
* * * * * 
[Add new section 253 to read as 
follows:] 
253 Guidelines for Delivery and 
Collection Personnel 
Delivery and collection personnel 
must follow these procedures when delivering and collecting mail: 
a. Conduct a thorough examination of 
all sides of the mailpiece for hazardous material labels and markings or any nonmailable hazardous characteristics (e.g., prohibited marks or labels). If the 
mailpiece is nonmailable, leaking or stained, do not collect it; notify the customer, if present; and contact your supervisor. Ensure that mailable hazardous materials are separate from all other mail upon loading on your vehicle and remains separated at all times. 
* * * * * 
3 Hazardous Materials 
* * * * * 
32 General 
* * * * * 
327 Transportation Requirements 
* * * * * 327.1 General 
[Revise item b to read as follows:] 
b. Surface Transportation. All 
mailable hazardous materials eligible to 
be sent as USPS Marketing Mail, USPS Retail Ground, Parcel Select, or Parcel Return Service must be prepared under the requirements that apply to surface transportation. A mailpiece containing mailable hazardous material with postage paid at USPS Marketing Mail, USPS Retail Ground, Parcel Select, or Package Return Service prices must not, under any circumstance, be transported on air transportation. 
* * * * * 
327.2 Air Transportation Prohibitions 
[Add new item g as follows, and 
renumber current item g as item h:] 
g. Pre-owned, damaged, or defective 
electronic devices containing or 
packaged with lithium batteries (see 349.12e). 
* * * * * 
[Add new section 329 to read as 
follows:] 
329 Presentation of Hazardous- 
Materials Mailings 
With the exception of mail entered at 
a DDU, DSCF, or DNDC each mailer of mailable hazardous materials requiring a label or marking must: 
a. Present such mailpieces separately 
from any mailpieces not containing hazardous materials. Where mailpieces are tendered in containers, pallets, or other mail transport equipment (see Handbook PO–502, Mail Transport Equipment), hazardous-materials mailpieces must be presented in a separate receptacle from non-hazardous- materials mailpieces. 
b. Clearly mark an exterior side of all 
receptacles containing hazardous materials mailpieces as’’ HAZMAT’’. 
* * * * * 
34 Mailability by Hazard Class 
* * * * * 
349 Miscellaneous Hazardous 
Materials (Hazard Class 9) 
* * * * * 
349.1 Definition 
* * * * * 
349.12 Lithium Battery—Definitions 
[Add new item e as follows:] 
e. Pre-owned, damaged, or defective 
electronic device means an electronic 
device containing or packaged with one or more lithium cells or batteries and where the electronic device (1) is not new and contained in new, unopened 
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packaging and/or (2) that has some form 
of damage or defect. 
* * * * * 
349.2 Mailability 
* * * * * 
349.21 Nonmailable Class 9 Materials 
[Add new item g and h to read as 
follows:] g. Damaged, defective, or recalled 
batteries unless approved by the 
director, Product Classification (see 214 for address). 
h. All pre-owned, damaged, or 
defective electronic devices in 
international mail or domestic air transportation. 
* * * * * Exhibit 349.222 Domestic Lithium 
Battery Mailability 
[Add new footnote 1 reference to Air 
Transportation column, create new footnote text, and renumber existing references previously numbered as 1 through 7 to 2 through 8] 
Surface 
transportation Air 
transportation1 Mailpiece limitations2 
Lithium Metal or Lithium Alloy Batteries34 
Small, non-rechargeable, consumer-type batteries 
Contained in (properly installed in equipment) ................ Mailable ............... Mailable ............... 8 cells or 2 batteries, 11 lbs. 
Packed with equipment, but not installed in the equip-
ment.Mailable ............... Mailable ............... 8 cells or 2 batteries, 11 lbs. 
Without the equipment they operate (individual batteries 
in originally sealed packaging).Mailable ............... Prohibited ............ 5 lbs. 
Lithium-ion or Lithium Polymer Batteries56 
Small, rechargeable, consumer-type batteries 
Contained in (properly installed in equipment) ................ Mailable ............... Mailable ............... 8 cells or 2 batter ies. 
Packed with equipment, but not installed in the equip-
ment.Mailable ............... Mailable ............... 8 cells or 2 batteries. 
Without the equipment they operate (individual batteries 
in originally sealed packaging).Mailable ............... Prohibited ............ 5 lbs. 
Without the equipment they operate (individual batteries 
in originally sealed packaging) (Intra-Alaska only).(*) ........................ Mailable ............... 8 cells or 2 batteries. 
Very Small Lithium Metal or Lithium-ion Batteries78 
Exception for very small consumer-type batteries in USPS air transportation 
Contained in (properly installed in equipment) ................ Mailable ............... Mailable ............... No limit on cells/batteries 5.5 pounds. 
Packed with equipment, but not installed in the equip-
ment.Mailable ............... Mailable ............... No limit on cells/batteries 5.5 pounds. 
Damaged, Defective, or Recalled Batteries ........................ Prohibited, unless approved by the manager, Product Classification. 
1Pre-owned, damaged, or defective electronic devices are prohibited from Air Transportation. 
2When a mailpiece limitation of 8 cells or 2 batteries is applicable, a mailpiece may contain either 8 cells or 2 batteries, not both. 
3Each cell must not contain more than 1g lithium content. 
4Each battery must not contain more than 2g aggregate lithium content. 
5Each cell must not exceed more than 20 Wh (watt-hour rating). 
6Each battery must not exceed 100 Wh. 
7Each lithium metal or lithium alloy cell or battery must not exceed 0.3 gram of lithium content. 
8Each lithium-ion or lithium polymer cell or battery must not exceed 2.7 Wh. 
6 International Mail 
* * * * * 
62 Hazardous Materials: International 
Mail 
* * * * * 
622 Mailable Hazardous Materials 
* * * * * 
622.5 Lithium and Lithium-ion Cells 
and Batteries—General 
[Revise the first paragraph to read as 
follows:] Only lithium batteries under 622.51 
and 622.52 that are properly installed in 
the equipment they operate may be sent internationally or to and from an APO, FPO, or DPO location (subject to the conditions prescribed by the Department of Defense listed in Overseas Military/Diplomatic Mail in the Postal Bulletin). Damaged, defective, 
or recalled lithium batteries and pre- owned, damaged, or defective electronic 
devices containing or packaged with lithium batteries are prohibited and may not be mailed internationally or to and from APO, FPO, or DPO locations under 
any circumstances. See 349.21. 
* * * * * 
Exhibit 622.5 International Lithium 
Battery Mailability 
[[Add new footnote 2 to International 
APO/FPO/DPO column, create new 2 footnote text, and renumber existing references previously numbered as 2 through 8 to 3 through 9] 
International 
APO/FPO/DPO12 Mailpiece battery limit3 
Lithium Metal or Lithium Alloy Batteries45 
Small, non-rechargeable, consumer-type batteries 
Contained in (properly installed in equipment) .................................................. Mailable ............... Maximum of 4 cells or 2 batteries. 
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International 
APO/FPO/DPO12 Mailpiece battery limit3 
Packed with equipment, but not installed in the equipment ............................. Prohibited.
Without the equipment they operate (individual batteries in originally sealed 
packaging).Prohibited.
Lithium-ion or Lithium Polymer Batteries67 
Small, rechargeable, consumer-type batteries 
Contained in (properly installed in equipment) .................................................. Mailable ............... Maximum of 4 cells or 2 batteries. 
Packed with equipment, but not installed in the equipment ............................. Prohibited.
Without the equipment they operate (individual batteries in originally sealed 
packaging).Prohibited.
Very Small Lithium Metal or Lithium-ion Batteries89 
Exception for very small consumer-type batteries in international transportation 
Contained in (properly installed in equipment) .................................................. Mailable ............... Maximum of 4 cells or 2 batteries. 
Packed with equipment, but not installed in the equipment ............................. Prohibited.
Without the equipment they operate (individual batteries in originally sealed 
packaging).Prohibited.
1Unless otherwise prohibited by the international destination country or specific APO/FPO/DPO ZIP Code location. 
2Damaged, defective, or recalled lithium batteries and pre-owned, damaged, or defective electronic devices containing or packaged with lith-
ium batteries are prohibited and may not be mailed internationally or to and from APO, FPO, or DPO locations under any circumst ances. 
3When a mailpiece limitation of 4 cells or 2 batteries is applicable, a mailpiece may contain either 4 cells or 2 batteries, not both. 
4Each lithium metal or lithium alloy cell must not contain more than 1g lithium content. 
5Each lithium metal or lithium alloy battery must not contain more than 2g of aggregate lithium content. 
6Each lithium-ion or lithium polymer cell must not exceed more than 20 Wh (watt-hour rating). 
7Each lithium-ion or lithium polymer battery must not exceed 100 Wh. 
8Each lithium metal or lithium alloy cell or battery must not exceed 0.3 gram of lithium content. 
9Each lithium-ion or lithium polymer cell or battery must not exceed a watt-hour rating of 2.7 Wh. 
* * * * * 
623 Nonmailable Hazardous 
Materials 
[Add new items m and n as follows:] 
m. All damaged, defective, or recalled 
lithium batteries (see 349.21). 
n. All pre-owned, damaged, or 
defective electronic devices containing 
or packaged with lithium batteries (see 349.21). 
* * * * * 
Appendix C 
* * * * * 
USPS Packaging Instruction 9D 
Lithium Metal and Lithium-Ion Cells 
and Batteries—Domestic 
[Revise the first paragraph to read as 
follows:] 
Except pursuant to 349.21, lithium 
metal (non-rechargeable) cells and batteries and lithium-ion (rechargeable) cells and batteries are mailable in limited quantities domestically via air or surface transportation when they are installed in or packed with the equipment they are intended to operate. Unless otherwise excepted, lithium metal and lithium-ion batteries (without equipment) are mailable in limited quantities domestically via surface transportation only. Lithium metal and lithium-ion batteries installed in or packed with pre-owned, damaged, or defective electronic devices meeting all mailability requirements in 349 are mailable via surface transportation only. 
* * * * * 
Mailability 
[Revise the first bullet as follows:] 
Lithium metal and lithium-ion cells 
and batteries installed in or packed with 
equipment (except for pre-owned, damaged, or defective electronic devices) are mailable via air or surface transportation. 
* * * * * 
[Add new fourth bullet to read as 
follows:] 
Pre-owned, damaged, or defective 
electronic devices containing or 
packaged with lithium batteries (see 349.12e) must be mailed via domestic surface transportation only, provided they meet eligibility requirements in accordance with 349. 
* * * * * 
Markings 
[Revise the first main bullet to read as 
follows:] 
Lithium metal batteries properly 
installed in the equipment they are 
intended to operate (including pre- owned, damaged, or defective electronic devices): 
* * * * * 
[Revise the second main bullet to read 
as follows:] 
Lithium metal batteries packed with 
the equipment they are intended to operate (including pre-owned, damaged, 
or defective electronic devices): 
* * * * * 
[Revise the fourth main bullet to read 
as follows:] 
Lithium-ion batteries properly 
installed in the equipment they are 
intended to operate (including pre- owned, damaged, or defective electronic devices): 
* * * * * 
[Revise the fifth main bullet to read as 
follows:] 
Lithium-ion batteries packed with the 
equipment they are intended to operate 
(including pre-owned, damaged, or defective electronic devices): 
* * * * * 
[Add new bullet at end of section to 
read as follows:] 
Pre-owned, damaged, or defective 
electronic devices: In addition to any 
other applicable marking requirements listed above, packages containing pre- owned, damaged, or defective electronic devices containing or packaged with lithium batteries must be marked with the text ‘‘Restricted Electronic Device’’ and ‘‘Surface Transportation Only’’ on the address side of the package. See 221.1 and 325.1. 
* * * * * 
VerDate Sep<11>2014 16:46 Jun 03, 2022 Jkt 256001 PO 00000 Frm 00136 Fmt 4700 Sfmt 4700 E:\FR\FM\06JNR1.SGM 06JNR1lotter on DSK11XQN23PROD with RULES134203 Federal Register / Vol. 87, No. 108 / Monday, June 6, 2022 / Rules and Regulations 
USPS Packaging Instruction 9E 
Lithium Metal and Lithium-Ion Cells 
and Batteries—International and APO/ FPO/DPO 
* * * * * 
Mailability 
[Add third and fourth bullets to read 
as follows:] 
Pre-owned, damaged, and defective 
electronic devices containing or 
packaged with lithium batteries are prohibited (see 623). 
Lithium batteries that are packed with 
equipment, lithium batteries sent separately from equipment, or lithium 
batteries installed in equipment they intend to operate that are damaged, defective, or recalled batteries are prohibited (see 623). 
* * * * * 
[FR Doc. 2022–12003 Filed 6–1–22; 11:15 am] 
BILLING CODE 7710–12–P 
ENVIRONMENTAL PROTECTION 
AGENCY 
40 CFR Part 180 
[EPA–HQ–OPP–2021–0400; FRL–9849–01– 
OCSPP] 
Picarbutrazox; Pesticide Tolerances 
AGENCY : Environmental Protection 
Agency (EPA). 
ACTION : Final rule. 
SUMMARY : This regulation establishes 
tolerances for residues of picarbutrazox 
in or on multiple commodities which are identified and discussed later in this document. Syngenta Crop Protection, LLC requested these tolerances under the Federal Food, Drug, and Cosmetic Act (FFDCA). 
DATES : This regulation is effective June 
6, 2022. Objections and requests for hearings must be received on or before August 5, 2022and must be filed in accordance with the instructions provided in 40 CFR part 178 (see also Unit I.C. of the 
SUPPLEMENTARY  
INFORMATION ). 
ADDRESSES : The docket for this action, 
identified by docket identification (ID) number EPA–HQ–OPP–2021–0400, is available at https://www.regulations.gov or at the Office of Pesticide Programs Regulatory Public Docket (OPP Docket) in the Environmental Protection Agency Docket Center (EPA/DC), West William Jefferson Clinton Bldg., Rm. 3334, 1301 Constitution Ave. NW, Washington, DC 20460–0001. The Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays. The telephone number for the Public Reading Room and the OPP Docket is (202) 566–1744. For the latest status information on EPA/DC services, docket access, visit https://www.epa.gov/dockets. 
FOR FURTHER INFORMATION CONTACT : 
Marietta Echeverria, Registration Division (7505T), Office of Pesticide Programs, Environmental Protection Agency, 1200 Pennsylvania Ave. NW, Washington, DC 20460–0001; main telephone number: (202) 566–1030; email address: RDFRNotices@epa.gov. 
SUPPLEMENTARY INFORMATION : 
I. General Information 
A. Does this action apply to me? 
You may be potentially affected by 
this action if you are an agricultural 
producer, food manufacturer, or pesticide manufacturer. The following list of North American Industrial Classification System (NAICS) codes is not intended to be exhaustive, but rather provides a guide to help readers determine whether this document applies to them. Potentially affected entities may include: 
•Crop production (NAICS code 111). 
•Animal production (NAICS code 
112). 
•Food manufacturing (NAICS code 
311). 
•Pesticide manufacturing (NAICS 
code 32532). 
B. How can I get electronic access to 
other related information? 
You may access a frequently updated 
electronic version of EPA’s tolerance regulations at 40 CFR part 180 through the Office of the Federal Register’s e- CFR site at https://www.ecfr.gov/ current/title-40. 
C. How can I file an objection or hearing 
request? 
Under FFDCA section 408(g), 21 
U.S.C. 346a, any person may file an objection to any aspect of this regulation and may also request a hearing on those objections. You must file your objection or request a hearing on this regulation in accordance with the instructions provided in 40 CFR part 178. To ensure proper receipt by EPA, you must identify docket ID number EPA–HQ– OPP–2021–0400 in the subject line on the first page of your submission. All objections and requests for a hearing must be in writing and must be received by the Hearing Clerk on or before August 5, 2022. Addresses for mail and hand delivery of objections and hearing requests are provided in 40 CFR 178.25(b). In addition to filing an objection or 
hearing request with the Hearing Clerk 
as described in 40 CFR part 178, please submit a copy of the filing (excluding any Confidential Business Information (CBI)) for inclusion in the public docket. Information not marked confidential pursuant to 40 CFR part 2 may be disclosed publicly by EPA without prior notice. Submit the non-CBI copy of your objection or hearing request, identified by docket ID number EPA–HQ–OPP– 2021–0400 by one of the following methods: 
•Federal eRulemaking Portal: 
https://www.regulations.gov. Follow the 
online instructions for submitting comments. Do not submit electronically any information you consider to be CBI or other information whose disclosure is restricted by statute. 
•Mail: OPP Docket, Environmental 
Protection Agency Docket Center (EPA/ DC), (28221T), 1200 Pennsylvania Ave. NW, Washington, DC 20460–0001. 
•Hand Delivery: To make special 
arrangements for hand delivery or delivery of boxed information, please follow the instructions at https://www.epa.gov/dockets/contacts.html. 
Additional instructions on 
commenting or visiting the docket, along with more information about 
dockets generally, is available at https:// 
www.epa.gov/dockets. 
II. Summary of Petitioned-For Tolerance 
In the Federal Register of August 24, 
2021 (83 FR 47275) (FRL–8792–02), EPA issued a document pursuant to FFDCA section 408(d)(3), 21 U.S.C. 346a(d)(3), announcing the filing of a pesticide petition (PP #1F8917) by Syngenta Crop Protection, LLC, 410 Swing Road, P.O. Box 18300, Greensboro, NC 27410–8300. The petition requested that 40 CFR 180.718(a) be amended by establishing tolerances for residues of the fungicide picarbutrazox, (1,1-dimethylethyl N-[6- [[[(Z)-[(1-methyl-1H-tetrazol-5-yl)phenylmethylene]amino]oxy]methyl]-2- pyridinyl]carbamate, in or on the following raw agricultural commodities: Barley, grain at 0.01 parts per million (ppm); Barley, hay at 0.01 ppm; Barley, straw at 0.01 ppm; Bean, forage at 0.01 ppm; Bean, hay at 0.01 ppm; Buckwheat, forage at 0.01 ppm; Buckwheat, grain at 0.01 ppm; Buckwheat, hay at 0.01 ppm; Buckwheat, straw at 0.01 ppm; Cotton at 0.01 ppm; Cotton, gin byproducts at 0.01 ppm; Cotton, undelinted seed at 0.01 ppm; Herb group 25 at 0.01 ppm; Millet, pearl, forage at 0.01 ppm; Millet, pearl, grain at 0.01 ppm; Millet, pearl, hay at 0.01 ppm; Millet, pearl, straw at 
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