Federal Register / Vol. 72, No. 79 / Wednesday, April 25, 2007 / Proposed Rules 20463 

Packaging containers may not be tested 

using pre-primary containers that are 

currently or have previously been 

approved as USPS primary containers. 

In addition, test reports must identify by 

brand name the pre-primary containers 

that were used during testing.* * * 

* * * * * 

We will publish an appropriate 

amendment to 39 CFR part 111 to reflect 

these changes if our proposal is 

adopted. 

Neva R. Watson, 

Attorney, Legislative. 

[FR Doc. E7–7816 Filed 4–24–07; 8:45 am] 

BILLING CODE 7710–12–P 

POSTAL SERVICE 

39 CFR Part 111 

Revised Standards for Mailing Lithium 

Batteries 

AGENCY: Postal Service. 

ACTION: Proposed rule. 

SUMMARY: The Postal Service is 

proposing to revise our mailing 

standards for lithium batteries. 

Currently, our standards limit customers 

and battery manufacturers from using 

the mail to send consumer-type lithium 

batteries, and prohibit the mailing of 

devices powered by lithium batteries 

when the batteries are in the device. 

These standards are excessively 

restrictive because they obstruct the 

mailing of commonly used consumertype batteries that are permitted to be 

transported by air under Department of 

Transportation (DOT) and International 

Air Transportation Association (IATA) 

regulations. In addition, under our 

current standards, it is difficult to 

determine which lithium batteries meet 

mailing standards and which do not. 

Therefore, by identifying all small 

consumer-type lithium batteries as 

mailable when properly labeled and 

packaged, this proposal would increase 

the safety of the mail. Our proposed 

standards are based on, yet more 

restrictive than, DOT shipping 

regulations for lithium batteries. 

DATES: We must receive your comments 

on or before May 25, 2007. 

ADDRESSES: Mail or deliver written 

comments to the Manager, Mailing 

Standards, Postal Service, 475 L’Enfant 

Plaza, SW., Room 3436, Washington, DC 

20260–3436. You may inspect and 

photocopy all written comments at 

Postal Service Headquarters Library, 475 

L’Enfant Plaza, SW., 11th Floor N, 

Washington, DC between 9 a.m. and 4 

p.m., Monday through Friday. 

FOR FURTHER INFORMATION CONTACT: Bert 

Olsen, 202–268–7276. 

SUPPLEMENTARY INFORMATION: Current 

mailing standards are inconsistent with 

Department of Transportation (DOT) 

regulations and prohibit most lithium 

batteries from being mailed via air 

transportation services—Express Mail, 

First-Class Mail, or Priority Mail—even 

though commercial air carriers currently 

carry these items under DOT 

regulations. This proposal would allow 

the Postal Service to accept lithium 

batteries and battery-powered devices 

for mailing in a manner similar to that 

of other commercial shippers. 

Commercial shippers follow DOT and 

International Air Transportation 

Association (IATA) regulations, which 

generally allow lithium batteries 

containing up to 8 grams of equivalent 

lithium content, while we accept only 

batteries having no more than 0.5 grams 

of equivalent lithium content. Many 

small consumer-type batteries contain 

more than 0.5 grams of equivalent 

lithium content. 

In addition, our standards prohibit 

acceptance of devices that have the 

batteries installed in them, while DOT 

and IATA regulations permit shipment 

of electronic devices when small 

consumer-type batteries are installed. 

DOT regulations suggest that the device 

itself offers protection of the batteries, 

and batteries contained in equipment 

are less likely to externally short-circuit. 

Consumer devices such as personal 

digital assistants, cameras, flashlights, 

laptop computers, cell phones, 

handheld electronic games, and portable 

media players such as iPods and MP3 

players contain lithium batteries. Many 

popular consumer products now 

contain lithium batteries, and some 

batteries cannot be easily removed from 

the device they power, and some 

batteries easily exceed our allowable 

equivalent lithium content requirement. 

Therefore, we propose to adopt mailing 

standards that are in line with industry 

standards and that are more easily 

understood and complied with by 

mailers. 

Our proposed revision is more 

restrictive than the shipping regulations 

required by DOT and IATA in the 

following ways: 

• We would impose a 5-pound weight 

limit on mailpieces containing primary 

lithium batteries. 

• We would impose a 10-pound 

weight limit on mailpieces containing 

secondary lithium batteries and a limit 

of no more than 3 batteries per 

mailpiece. 

• We would require all primary and 

secondary lithium batteries to be of the 

type proven (by testing) to be 

nondangerous in accordance with UN 

Manual of Tests and Criteria. 

• We would require all mailpieces 

containing lithium batteries to be 

marked on the outside to identify the 

contents. 

Our proposal mirrors DOT and IATA 

allowable gram quantity limits for small 

consumer-type lithium batteries. 

Devices containing batteries must be 

packaged in such a way as to prevent 

activation while they are in the 

mailstream. Lithium batteries other than 

small consumer-type batteries remain 

nonmailable. 

Although we are exempt from the 

notice and comment requirements of the 

Administrative Procedure Act [5 U.S.C. 

of 553(b), (c)] regarding proposed 

rulemaking by 39 U.S.C. 410(a), we 

invite public comment on the following 

proposed revisions to Mailing Standards 

of the United States Postal Service, 

Domestic Mail Manual (DMM), 

incorporated by reference in the Code of 

Federal Regulations. See 39 CFR 111.1. 

We provide the proposed mailing 

standards below. We propose to 

implement these standards on June 1, 

2007. 

List of Subjects in 39 CFR Part 111 

Administrative practice and 

procedure, Postal Service. 

Accordingly, 39 CFR part 111 is 

proposed to be amended as follows: 

PART 111—[AMENDED] 

1. The authority citation for 39 CFR 

part 111 continues to read as follows: 

Authority: 5 U.S.C. 552(a); 39 U.S.C. 101, 

401, 403, 404, 414, 416, 3001–3011, 3201–

3219, 3403–3406, 3621, 3626, 5001. 

2. Revise the following sections of the 

Mailing Standards of the United States 

Postal Service, Domestic Mail Manual 

(DMM), as follows: 

600 Basic Standards for All Mailing 

Services 

601 Mailability 

* * * * * 

601.10 Hazardous Materials 

* * * * * 

10.20 Miscellaneous Hazardous 

Materials (Hazard Class 9) 

* * * * * 

[Add new 10.20.5 to read as follows:] 

10.20.5 Primary Lithium (NonRechargeable) Cells and Batteries 

Small consumer-type primary lithium 

cells or batteries (lithium metal or 

lithium alloy) like those used to power 

cameras and flashlights are mailable 


cprice-sewell on PRODPC61 with PROPOSALS
20464 Federal Register / Vol. 72, No. 79 / Wednesday, April 25, 2007 / Proposed Rules 

with the following restrictions: Each cell 

must contain no more than 1.0 gram (g) 

of lithium content per cell. Each battery 

must contain no more than 2.0 g 

aggregate lithium content per battery. 

Additionally, 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 

DOT’s hazardous materials regulation at 

49 CFR 171.7. All primary lithium cells 

and batteries must be mailed within a 

firmly sealed package separated and 

cushioned to prevent short circuit, 

movement, or damage. Except for 

batteries installed in equipment, they 

must be in a strong outer package. All 

outer packages must have a complete 

delivery and return address. Primary 

lithium cells and batteries are mailable 

as follows: 

a. Via surface transportation when the 

cells or batteries (not packed with or 

installed in equipment) are ‘‘in the 

original retail packaging.’’ They are 

forbidden aboard passenger aircraft. The 

outside of the package must be marked 

on the address side ‘‘Surface Mail Only, 

Primary Lithium Batteries—Forbidden 

for Transportation Aboard Passenger 

Aircraft.’’

b. Via surface or air transportation 

when the cells or batteries are properly 

packed with or properly installed in the 

equipment they operate and the 

mailpiece has no more than the number 

of batteries needed to operate the 

device. Cells or batteries properly 

installed in the device they operate 

must be protected from damage and 

short circuit, and the device must be 

equipped with an effective means of 

preventing accidental activation. The 

outside of the package must be marked 

on the address side ‘‘Package Contains 

Primary Lithium Batteries.’’

c. The mailpiece must not exceed 5 

pounds. 

[Add new 10.20.6 to read as follows:] 

10.20.6 Secondary Lithium-Ion 

(Rechargeable) Cells and Batteries 

Small consumer-type lithium-ion 

cells and batteries like those used to 

power cell phones and laptop 

computers are mailable with the 

following restrictions: Each cell must 

contain no more than 1.5 g of equivalent 

lithium content per cell. Each battery 

must contain no more than 8.0 g 

aggregate quantity of equivalent lithium 

content per battery. Additionally, 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 the 

DOT’s hazardous materials regulation at 

49 CFR 171.7. All secondary lithium-ion 

cells and batteries must be mailed in a 

firmly sealed package separated and 

cushioned to prevent short circuit, 

movement, or damage. Except for 

batteries installed in equipment, they 

must be in a strong outer package. All 

outer packages must have a complete 

delivery and return address. These cells 

and batteries are mailable as follows: 

a. Via surface or air transportation 

when individual cells or batteries are 

mailed or when properly packed with or 

properly installed in the equipment they 

operate and the mailpiece has no more 

than the number of batteries needed to 

operate the device. Cells or batteries 

properly installed in the device they 

operate must be protected from damage 

and short circuit, and the device must 

be equipped with an effective means of 

preventing accidental activation. The 

outside of the package must be marked 

on the address side ‘‘Package Contains 

Lithium-ion Batteries (no lithium 

metal).’’

b. The mailpiece must not contain 

more than 3 batteries or exceed 10 

pounds. 

[Add new 10.20.7 to read as follows:] 

10.20.7 Damaged or Recalled Batteries 

Damaged or recalled batteries are 

prohibited from mailing unless 

approved by the manager, Mailing 

Standards. 

[Add new Exhibit 10.20.7 as follows:] 

Exhibit 10.20.7 Lithium Battery 

Mailability Chart 

Primary lithium batteries 

(small non-rechargeable consumer-type batteries) 

Surface 

transportation Air transportation 

Mailpiece 

weight limit 

(lb) 

International 

APO/FPO 

Without the equipment they operate (individual batteries) ......... Mailable ................. Prohibited ............... 5 Prohibited. 

Packed with equipment but not installed in equipment .............. Mailable ................. Mailable ................. 5 Mailable.

Contained (properly installed) in equipment ............................... Mailable ................. Mailable ................. 5 Mailable. 

Note 1: Each primary cell must not contain 

more than 1g lithium content. 

Note 2: Each primary battery must not 

contain more than 2 g lithium content. 

Secondary lithium batteries 

(small rechargeable consumer-type 

batteries) 

Surface transportation Air transportation Mailpiece weight limit and battery 

limit 

International 

APO/FPO 

Without the equipment they operate 

(individual batteries).

Mailable ................. Mailable ................. 10 lb (no more than 3 batteries) ........ Mailable. 

Packed with equipment but not installed in equipment.Mailable ................. Mailable ................. 10 lb (no more than 3 batteries) ........ Mailable. 

Contained (properly installed) in 

equipment.

Mailable ................. Mailable ................. 10 lb (no more than 3 batteries) ........ Mailable. 

Note 3: Each secondary cell must not 

contain more than 1.5 g equivalent lithium 

content. 

Note 4: Each secondary battery must not 

contain more than 8 g equivalent lithium 

content. 

Note 5: In addition to the 10 pound weight 

limit for secondary batteries, there is a limit 

of 3 batteries. 

* * * * * 

11.0 Other Restricted and 

Nonmailable Matter 

* * * * * 

11.17 Battery-Powered Devices 

[Revise the first sentence in 11.17 to 

read as follows:] 

Cells or batteries properly installed in 

equipment must be protected from 

damage and short circuit, and 

equipment containing cells or batteries 

must be equipped with an effective 


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Federal Register / Vol. 72, No. 79 / Wednesday, April 25, 2007 / Proposed Rules 20465 

means of preventing accidental 

activation. * * * 

* * * * * 

We will publish an appropriate 

amendment to 39 CFR part 111 to reflect 

these changes if our proposal is 

adopted. 

Neva R. Watson, 

Attorney, Legislative. 

[FR Doc. E7–7817 Filed 4–24–07; 8:45 am] 

BILLING CODE 7710–12–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Parts 51, 60, 62, 63, 72, 78, 96, 

and 97 

[EPA–HQ–OAR–2007–0012; FRL–8302–4] 

RIN 2060–A033 

Revisions to Definition of 

Cogeneration Unit in Clean Air 

Interstate Rule (CAIR), CAIR Federal 

Implementation Plan, Clean Air 

Mercury Rule (CAMR), and CAMR 

Proposed Federal Plan; Revision to 

National Emission Standards for 

Hazardous Air Pollutants for Industrial, 

Commercial, and Institutional Boilers 

and Process Heaters; and Technical 

Corrections to CAIR and Acid Rain 

Program Rules 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: In 2005, EPA finalized the 

Clean Air Interstate Rule (CAIR) to 

address emissions of nitrogen oxides 

(NOX) and sulfur dioxide (SO2) and the 

Clean Air Mercury Rule (CAMR) to 

establish standards of performance for 

mercury (Hg) for coal-fired electric 

utility steam generating units. Both 

CAIR and CAMR include model capand-trade rules that states may adopt to 

meet the applicable requirements. In 

2006, EPA finalized the Federal 

Implementation Plan (FIP) for CAIR and 

also proposed a Federal Plan for CAMR. 

All four rules include an exemption for 

certain cogeneration units. To qualify 

for this exemption, a unit must, among 

other things, meet an efficiency 

standard included in the cogeneration 

unit definition. Today, in light of 

information concerning existing 

biomass-fired cogeneration units that 

may not qualify for the exemption, EPA 

is proposing a change in the 

cogeneration unit definition in CAIR, 

the CAIR model cap-and-trade rules, the 

CAIR FIP, CAMR, and the CAMR model 

cap-and-trade rule, and the proposed 

CAMR Federal Plan. Specifically, EPA 

is proposing to revise the efficiency 

standard in the cogeneration unit 

definition so that the standard would 

apply, with regard to certain units, only 

to the fossil fuel portion of a unit’s 

energy input. This change to the CAIR 

model cap-and-trade rules, CAIR FIP, 

CAMR, and proposed CAMR Federal 

Plan would likely make it possible for 

some additional units to qualify for the 

cogeneration unit exemption in these 

rules. Because it would only affect a 

small number of relatively low emitting 

units, this would have little effect on the 

projected emissions reductions and the 

environmental benefits of these rules. 

EPA is also considering revisions to the 

definition of ‘‘total energy input,’’ a 

term used in the efficiency standard. 

This action also proposes minor 

technical corrections to CAIR and the 

Acid Rain Program rules. Finally, this 

action proposes minor revisions to 

National Emission Standards for 

Hazardous Air Pollutants for Industrial, 

Commercial, and Institutional Boilers 

and Process Heaters (‘‘boiler MACT’’). 

DATES: Comments. Comments must be 

received on or before June 11, 2007. If 

requested by May 7, 2007, a public 

hearing will be held on May 10, 2007 in 

Washington, DC. For additional 

information on a public hearing, see the 

SUPPLEMENTARY INFORMATION section of 

this preamble. 

ADDRESSES: Submit your comments, 

identified by Docket ID Number EPA–

HQ–OAR–2007–0012, by one of the 

following methods: 

A. Federal Rulemaking Portal: http:// 

www.regulations.gov. Follow the on-line 

instructions for submitting comments. 

B. E-mail: A-AND-R-Docket@epa.gov 

C. Mail: Air Docket, ATTN: Docket 

Number EPA–HQ–OAR–2007–0012, 

Environmental Protection Agency, Mail 

Code: 6102T, 1200 Pennsylvania Ave., 

NW., Washington, DC 20460. 

D. Hand Delivery: EPA Docket Center, 

1301 Constitution Avenue, NW., Room 

3334, Washington, DC. Such deliveries 

are only accepted during the Docket’s 

normal hours of operation, and special 

arrangements should be made for 

deliveries of boxed information. 

Instructions: Direct your comments to 

Docket ID No. EPA–HQ–OAR–2007–

0012. EPA’s policy is that all comments 

received will be included in the public 

docket without change and may be 

made available online at http:// 

www.regulations.gov, including any 

personal information provided, unless 

the comment includes information 

claimed to be Confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statute. 

Do not submit information that you 

consider to be CBI or otherwise 

protected through http:// 

www.regulations.gov or e-mail. The 

http://www.regulations.gov website is 

an ‘‘anonymous access’’ system, which 

means EPA will not know your identity 

or contact information unless you 

provide it in the body of your comment. 

If you send an e-mail comment directly 

to EPA without going through http:// 

www.regulations.gov, your e-mail 

address will be automatically captured 

and included as part of the comment 

that is placed in the public docket and 

made available on the Internet. If you 

submit an electronic comment, EPA 

recommends that you include your 

name and other contact information in 

the body of your comment and with any 

disk or CD–ROM you submit. If EPA 

cannot read your comment due to 

technical difficulties and cannot contact 

you for clarification, EPA may not be 

able to consider your comment. 

Electronic files should avoid the use of 

special characters, and any form of 

encryption, and should be free of any 

defects or viruses. 

Docket: All documents in the docket 

are listed in the http:// 

www.regulations.gov index. Although 

listed in the index, some information is 

not publicly available, e.g., CBI or other 

information whose disclosure is 

restricted by statute. Certain other 

material, such as copyrighted material, 

is not placed on the Internet and will be 

publicly available only in hard copy 

form. Publicly available docket 

materials are available either 

electronically in http:// 

www.regulations.gov or in hard copy at 

the EPA Docket Center, EPA West, 

Room 3334, 1301 Constitution Avenue, 

NW., Washington, DC. 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 is 

(202) 566–1744, and the telephone 

number for the Air Docket is (202) 566–

1742. 

FOR FURTHER INFORMATION CONTACT: For 

information concerning the proposed 

changes, contact Elyse Steiner, Program 

Development Branch, Clean Air Markets 

Division (MC 6204J), EPA, Washington, 

DC 20460; telephone number (202) 343–

9141; fax number (202) 343–2359; 

electronic mail address: 

Steiner.elyse@epa.gov. 

SUPPLEMENTARY INFORMATION: Regulated 

Entities. Categories and entities 

potentially regulated by this action 

include the following: 


cprice-sewell on PRODPC61 with PROPOSALS