86868 Federal Register / Vol. 88, No. 240 / Friday, December 15, 2023 / Proposed Rules 
99.5 percent neodymium oxide by mass; 
or 
(iii) Purified to a minimum purity of 
99.9 percent neodymium by mass. 
(19) Nickel. The term nickel means 
nickel that is— 
(i) Converted to nickel sulphate; or 
(ii) Purified to a minimum purity of 
99 percent nickel by mass. 
(20) Niobium. The term niobium 
means niobium that is— 
(i) Converted to ferronibium; or (ii) Purified to a minimum purity of 
99 percent niobium by mass. 
(21) Tellurium. The term tellurium 
means tellurium that is— 
(i) Converted to cadmium telluride; or (ii) Purified to a minimum purity of 
99 percent tellurium by mass. 
(22) Tin. The term tin means tin that 
purified to low alpha emitting tin that— 
(i) Has a purity of greater than 99.99 
percent by mass; and 
(ii) Possesses an alpha emission rate 
of not greater than 0.01 counts per hour 
per centimeter square. 
(23) Tungsten. The term tungsten 
means tungsten that is converted to ammonium paratungstate or ferrotungsten. 
(24) Vanadium. The term vanadium 
means vanadium that is converted to ferrovanadium or vanadium pentoxide. 
(25) Yttrium. The term yttrium means 
yttrium that is— 
(i) Converted to yttrium oxide that is 
purified to a minimum purity of 99.999 percent yttrium oxide by mass; or 
(ii) Purified to a minimum purity of 
99.9 percent yttrium by mass. 
(26) Other minerals. The following 
minerals are also applicable critical minerals provided that such mineral is purified to a minimum purity of 99 percent by mass: 
(i) Arsenic. 
(ii) Bismuth. (iii) Erbium. (iv) Gallium. (v) Hafnium. (vi) Holmium. (vii) Iridium. (viii) Lanthanum. (ix) Lutetium. (x) Magnesium. (xi) Palladium. (xii) Platium. (xiii) Praseodymium. (xiv) Rhodium. (xv) Rubidium. (xvi) Ruthemium. (xvii) Samarium. (xviii) Scandium. 
(xix) Tantalum. (xx) Terbium. (xxi) Thulium. (xxii) Titanium. (xxiii) Ytterbium. (xxiv) Zinc. (xxv) Zirconium. 
(c) Credit amount—(1) In general. For 
any applicable critical mineral, the 
credit amount is equal to 10 percent of the costs incurred by the taxpayer with respect to production of such mineral. 
(2) Production processes for 
applicable critical minerals—(i) Conversion. For purposes of section 
45X, the term conversion means a 
chemical transformation from one species to another. 
(ii) Purification. For purposes of 
section 45X, the term purification means increasing the mass fraction of a certain element. 
(3) Production costs incurred. Costs 
incurred by the taxpayer with respect to the production of applicable critical minerals includes all costs as defined in § 1.263A–1(e) that are paid or incurred within the meaning of section 461 of the Code by the taxpayer for the production of an applicable critical mineral only, except direct or indirect materials costs as defined in § 1.263A–1(e)(2)(i)(A) and (e)(3)(ii)(E), respectively, and any costs related to the extraction of raw materials. Section 263A of the Code and the regulations in this chapter under section 263A apply solely to identify the types of costs that are includible in production costs incurred for purposes of computing the amount of the section 45X credit, but do not apply for any other purpose, such as to determine whether a taxpayer is engaged in production activities. 
(4) Substantiation. The taxpayer must 
document that an applicable critical mineral meets the requirements of section 45X(c)(6) with a certificate of analysis provided by the taxpayer to the person to which the taxpayer sold the applicable critical mineral. 
(d) Severability. The provisions of this 
section are separate and severable from one another. If any provision of this section is stayed or determined to be invalid, it is the agencies’ intention that the remaining provisions shall continue in effect. 
(e) Applicability date. This section 
applies to eligible components for 
which production is completed and sales occur after December 31, 2022, and during a taxable year ending on or after [date of publication of the final 
regulations in the Federal Register]. 
Douglas W. O’Donnell, 
Deputy Commissioner for Services and 
Enforcement. 
[FR Doc. 2023–27498 Filed 12–14–23; 8:45 am] 
BILLING CODE 4830–01–P POSTAL SERVICE 
39 CFR Part 111 New Mailing Standards for Hazardous 
Materials Outer Packaging and Nonregulated Toxic Materials 
AGENCY : Postal ServiceTM. 
ACTION : Proposed rule. 
SUMMARY : The Postal Service is 
proposing to amend Publication 52, Hazardous, Restricted, and Perishable Mail (Pub 52) by requiring specific outer 
packaging strength standards when 
mailing hazardous materials or dangerous goods and remove quantity restrictions for nonregulated toxic materials. Additionally, the Postal Service proposes to allow mailers to use poly or padded bags as outer packaging for shipments containing lithium batteries installed in the equipment they operate if the shipment does not display hazardous text, markings or labels as permitted in sections 349 and 622. 
DATES : Submit comments on or before 
January 16, 2024. 
ADDRESSES : Mail or deliver written 
comments to the Director, Product Classification, U.S. Postal Service, 475 L’Enfant Plaza SW, Room 4446, Washington, DC 20260–5015. If sending comments by email, include the name and address of the commenter and send to PCFederalRegister@usps.gov, with a 
subject line of ‘‘New Mailing Standards for Hazardous Materials Outer Packaging and Nonregulated Toxic Materials.’’ Faxed comments will not be accepted. 
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 generally available for review Monday through Friday, 8 a.m. to 4 p.m., by calling 202–268–2906. 
FOR FURTHER INFORMATION CONTACT : Dale 
Kennedy, (202) 268–6592, or Jennifer Cox, (202) 268–2108. 
SUPPLEMENTARY INFORMATION : 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. 
The Postal Service proposes to amend 
Publication 52, Hazardous, Restricted, and Perishable Mail (Pub 52), 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). 
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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. 
Proposal 
Except as otherwise specified, the 
Postal Service proposes to require 
mailers shipping hazardous materials (HAZMAT) or dangerous goods (DG) to utilize rigid outer packaging that meets minimum edge crush test requirements as part of its ongoing efforts to improve safety within the Postal Service network. The Postal Service is proposing these requirements to increase the capability of packages to withstand normal processing and handling from induction to delivery point while reducing potential HAZMAT or DG incidents. 
Additionally, the Postal Service 
proposes to allow mailers to use padded or poly bags as outer packaging for shipments containing lithium batteries installed in the equipment they operate that do not display hazardous text, marks or labels as permitted in sections 349.221a6, 622.51f and 622.52g, but only when packed in an inner container that can withstand a 1.7-meter drop test. Currently, the use of padded and poly bags as outer packaging is permitted only when the mailpiece contains button cell batteries installed in the equipment they operate. 
The Postal Service is cognizant that 
the existing regulations in Pub 52 
pertaining to other nonregulated toxic materials (Pub 52, section 346.232) are more stringent than other transportation regulatory agencies and commercial carriers and is therefore proposing to align its regulations with the transportation industry. If the proposal is adopted, the Postal Service will amend Pub 52 to remove quantity restrictions for nonregulated liquid and solid toxic materials, for products such as pesticides, insecticides and herbicides. The Postal Service believes this proposal will provide mailers a clearer understanding of its rules when shipping nonregulated toxic materials and align its regulations with the Pipeline and Hazardous Materials Safety Administration (PHMSA). The Postal Service proposes to adopt 
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. Publication 52 is also a regulation of the Postal Service, changes to which may be published in the Federal Register. Accordingly, for 
the reasons stated in the preamble, the Postal Service proposes to amend Publication 52 as follows: 
Publication 52, Hazardous, Restricted 
and Perishable Mail 
* * * * * 
1 Introduction 
13 Additional Information 
[Add new section 131 to read as 
follows:] 
131 Hazardous Materials Outer 
Packaging 
Except as otherwise specified, rigid 
outer packaging must be used for shipments containing hazardous materials. Outer packaging, as defined in Appendix D, is the outer most enclosure that holds the primary receptacle, and if applicable, secondary packaging, absorbent and/or cushioning material. 
When shipping hazardous materials, 
the following rigid outer packaging is required: 
(a) Hazardous materials shipments 
weighing 20 pounds or less, the outer package must be 200 lb. burst test or 32- edge crush test package or equivalent, at minimum. 
(b) Hazardous materials shipments 
weighing more than 20 pounds, outer packages must be 275 lb. burst test or 44-edge crush test or equivalent, at minimum. 
Lithium batteries installed in the 
equipment they operate that are permitted to be mailed under section 349, are afforded adequate protection by that equipment, and do not display hazardous text, markings or labels as permitted in 349.221a6, 622.51f and 622.52g may utilize padded or poly bags as outer packaging, provided they are within a container that can withstand a 1.7-meter drop test before placing inside the padded or poly bag. See 349.221.a(3). 
* * * * * 
3 Hazardous Materials 
* * * * * 
34 Mailability by Hazard Class 
* * * * * 346 Toxic Substances and Infectious 
Substances (Hazard Class 6) 
* * * * * 
346.232 Other Nonregulated Toxic 
Materials 
[Revise paragraph to read as follows:] 
Liquids and solids such as pesticides, 
insecticides, herbicides and irritating 
material (346.11e), that are not regulated as hazardous materials under 49 CFR 172.101 are mailable but must be packaged in rigid outer packaging (see 131) and be able to withstand normal transit and handling. Liquids must also follow 451.3a. 
* * * * * 
349 Miscellaneous Hazardous 
Materials (Hazard Class 9) 
* * * * * 
[Insert new 349.221 to read as 
follows:] 
349.221 Lithium Batteries 
a. General. The following applies to 
the mailability of all lithium batteries: 
1. Each cell or battery must meet the 
requirements of each test in the UN 
Manual of Tests and Criteria, part III, and subsection 38.3 as referenced in 49 CFR 171.7. 
2. Lithium battery outer packaging 
must be rigid (see 131), sealed and of adequate size. 
3. The use of padded or poly bags as 
outer packaging is permitted only when: 
a. Mailpieces contain lithium batteries 
properly installed in the equipment/ product they intend to operate. 
b. The batteries are afforded adequate 
protection by the equipment/product, and 
c. The secondary container (e.g., 
original manufacturer packaging), containing the equipment or product prevents damage and accidental activation, can retain the product without puncture of the packaging under normal conditions of transport and can withstand a 1.7-meter drop test. Button cell batteries, meeting the classification criteria in 349.11d, installed in the device they operate are not required to be within a secondary container that can withstand a 1.7-meter drop test prior to utilizing a padded or poly bag as outer packaging. 
d. The package containing batteries 
does not display hazardous materials text, marks. 
4. All outer packages must have a 
complete delivery and return address. 
5. Lithium battery marks are required 
on mailpieces containing 5 to 8 lithium cells installed in the equipment they operate. 
a. The marks must be applied to the 
address side without being folded or 
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applied in such a manner that parts of 
the mark appear on different sides of the mailpiece. See 325.1. 
b. The mark must be a DOT-approved 
lithium battery mark, as specified in 49 CFR 173.183(c)(3)(i) and Exhibit 325.2a. 
c. The mark must include a telephone 
number for those who need to obtain additional information. 
d. Lithium metal cells or batteries 
must be marked with UN3090. 
e. Lithium metal cells or batteries 
installed in or packed with the equipment they intend to operate must indicate UN3091. 
f. Lithium-ion cells or batteries must 
be marked UN3480. 
g. Lithium-ion cells or batteries 
installed in or packed with the equipment they intend to operate must indicate UN3481. 
6. Lithium battery marks are not 
required on packages containing only lithium button cell batteries, no more than 4 lithium cells or 2 lithium batteries installed in the equipment they operate. 
7. All used, damaged, or defective 
electronic devices with lithium cells or batteries contained in or packed with device (excluding electronic devices that are new in original packaging, and manufacturer-certified new or refurbished devices) must be marked with the text ‘‘Restricted Electronic Device’’ and ‘‘Surface Transportation Only’’ on the address side of the mailpiece. 
* * * * * 
[Renumber existing section 349.221 to 
349.222] 
349.222 Lithium Metal 
(Nonrechargeable) Cells and Batteries— Domestic 
[Revise item a. as follows:] 
a. General. The following restrictions 
apply to the mailability of all lithium 
metal (or lithium alloy) cells and batteries: 
1. Each cell must contain no more 
than 1.0 gram (g) of lithium content per cell. 
2. Each battery must contain no more 
than 2.0 g aggregate lithium content per battery. 
* * * * * 
[Renumber existing section 349.222 to 
349.223] 
349.223 Lithium-Ion (Rechargeable) 
Cells and Batteries—Domestic 
[Revise item a. as follows:] 
a. General. The following additional 
restrictions apply to the mailability of 
all secondary lithium-ion or lithium polymer cells and batteries: 
1. The watt-hour rating must not 
exceed 20 Wh per cell. 2. The watt-hour rating must not 
exceed 100 Wh per battery. 
3. Each battery must bear the ‘‘Watt- 
hour’’ or ‘‘Wh’’ marking on the battery to determine if it is within the limits defined in items 1 and 2. 
* * * * * 
62 Hazardous Materials: International 
Mail 
621 General Requirements * * * * * 
[Insert new section 621.2 and 
renumber existing 621.2 through 621.4 
as 621.3 through 621.5] 
621.2 Outer Packaging Requirements 
Except as otherwise specified, rigid 
outer packaging must be used for 
shipments containing dangerous goods following the instructions in 131. 
* * * * * 
Appendix C 
USPS Packaging Instruction 9D 
[Revise third bullet in the Required 
Packaging section to read as follows:] 
Required Packaging 
Lithium Metal and Lithium-Ion 
Batteries 
DLithium batteries permitted to be 
mailed under section 349 that are installed in the device they operate, are afforded adequate protection by that equipment, and do not display hazardous text, markings or labels as permitted in 349.221a6, 622.51f and 622.52g may utilize padded and poly bags as outer packaging provided the device is within a secondary container that can withstand a 1.7-meter drop test. Button cell batteries, meeting the classification criteria in 349.11d, installed in the device they operate are not required to be within a secondary container that can withstand a 1.2-meter drop test prior to utilizing a padded or poly bag as outer packaging. 
* * * * * 
USPS Packaging Instruction 9E 
[Insert new second bullet in the 
Required Packaging section to read as 
follows:] 
Required Packaging 
Lithium Metal and Lithium-Ion 
Batteries 
DLithium batteries installed in the 
device they operate that are permitted to be mailed under section 622.5, may utilize padded and poly bags as outer packaging provided the device is within a secondary container that can withstand a 1.7-meter drop test. Button cell batteries, meeting the classification criteria in 349.11d, installed in the device they operate are not required to be within a secondary container that can withstand a 1.7-meter drop test prior to utilizing a padded or poly bag as outer packaging. 
* * * * * 
Appendix D 
Hazardous Materials Definitions * * * * * 
[Revise definition of Rigid to read as 
follows:] 
Rigid means unable to bend or be 
forced out of shape; not flexible. Rigid 
outer packaging is generally interpreted to mean a fiberboard (cardboard) box or outer packaging of equivalent strength, durability, and rigidity. See 131. 
* * * * * 
Colleen Hibbert-Kapler, 
Attorney, Ethics and Legal Compliance. 
[FR Doc. 2023–27643 Filed 12–14–23; 8:45 am] 
BILLING CODE 7710–12–P 
ENVIRONMENTAL PROTECTION 
AGENCY 
40 CFR Part 52 
[EPA–R09–OAR–2023–0588; FRL–11585– 
01–R9] 
Air Plan Revisions; California; 
Sacramento Metropolitan Air Quality Management District 
AGENCY : Environmental Protection 
Agency (EPA). 
ACTION : Proposed rule. 
SUMMARY : The Environmental Protection 
Agency (EPA) is proposing to approve a revision to the Sacramento Metropolitan Air Quality Management District (SMAQMD) portion of the California State Implementation Plan (SIP) concerning a rule submitted to address section 185 of the Clean Air Act (CAA or the Act). We are taking comments on this proposal and plan to follow with a final action. 
DATES : Comments must be received on 
or before January 16, 2024. 
ADDRESSES : Submit your comments, 
identified by Docket ID No. EPA–R09– OAR–2023–0588 at https://www.regulations.gov. For comments 
submitted at Regulations.gov, follow the online instructions for submitting comments. Once submitted, comments cannot be edited or removed from Regulations.gov. The EPA may publish any comment received to its public docket. Do not submit electronically any information you consider to be Confidential Business Information (CBI) 
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