[Federal Register Volume 72, Number 79 (Wednesday, April 25, 2007)]
[Proposed Rules]
[Pages 20463-20465]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-7817]


-----------------------------------------------------------------------

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 consumer-type 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:
    <bullet> We would impose a 5-pound weight limit on mailpieces 
containing primary lithium batteries.
    <bullet> 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.
    <bullet> 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.
    <bullet> 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[supreg]), 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 (Non-Rechargeable) 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

[[Page 20464]]

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

--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                            Mailpiece
Primary lithium batteries (small non-       Surface  transportation             Air transportation            weight         International  APO/FPO
rechargeable consumer-type batteries)                                                                      limit  (lb)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Without the equipment they operate     Mailable........................  Prohibited......................            5  Prohibited.
 (individual batteries).
Packed with equipment but not          Mailable........................  Mailable........................            5  Mailable.
 installed in equipment.
Contained (properly installed) in      Mailable........................  Mailable........................            5  Mailable.
 equipment.
--------------------------------------------------------------------------------------------------------------------------------------------------------


    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                                                                     Mailpiece weight
    rechargeable consumer-type          Surface transportation            Air transportation          limit and battery        International  APO/FPO
            batteries)                                                                                      limit
--------------------------------------------------------------------------------------------------------------------------------------------------------
Without the equipment they operate  Mailable......................  Mailable......................  10 lb (no more than 3  Mailable.
 (individual batteries).                                                                             batteries).
Packed with equipment but not       Mailable......................  Mailable......................  10 lb (no more than 3  Mailable.
 installed in equipment.                                                                             batteries).
Contained (properly installed) in   Mailable......................  Mailable......................  10 lb (no more than 3  Mailable.
 equipment.                                                                                          batteries).
--------------------------------------------------------------------------------------------------------------------------------------------------------


    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

[[Page 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