8174 Federal Register / Vol. 90, No. 16 / Monday, January 27, 2025 / Rules and Regulations 

1 In the event that this rule does not publish on 

or before January 27, 2025, good cause similarly 

exists to stay the effectiveness of the rule published 

December 26, 2024, and revise its effective date 

until March 21, 2025. 

1See Department of Transportation, Pipeline and 

Hazardous Materials Safety Administration, 

Hazardous Materials: Harmonization With 

International Standards, 89 FR 25434, 25490 (Apr. 

10, 2024). 

comment is impracticable, unnecessary, 

and contrary to the public interest. The 

temporary delay in the effective date 

until March 21, 2025, is necessary to 

give Agency officials the opportunity for 

further review and consideration of the 

new regulation, consistent with the 

memorandum described previously. 

Given the imminence of the effective 

date and the brief length of the 

extension of the effective date, seeking 

prior public comment on this temporary 

delay would have been impracticable, as 

well as contrary to the public interest in 

the orderly promulgation and 

implementation of regulations.1 FDA 

also believes that affected entities need 

to be informed as soon as possible of the 

extension and its length in order to plan 

and adjust their implementation process 

accordingly. 

Dorothy A. Fink, 

Acting Secretary. 

[FR Doc. 2025–01840 Filed 1–24–25; 8:45 am] 

BILLING CODE 4164–01–P 

POSTAL SERVICE 

39 CFR Parts 111 and 211 

New Mailing Standards for Hazardous 

Materials Outer Packaging and 

Nonregulated Toxic Materials 

AGENCY: Postal ServiceTM. 

ACTION: Final rule. 

SUMMARY: The Postal Service is 

amending Publication 52, Hazardous, 

Restricted, and Perishable Mail (Pub 52 

or Publication 52) by adding new 

section 131 to require specific outer 

packaging when mailing most 

hazardous materials (HAZMAT) or 

dangerous goods (DG), to remove 

quantity restrictions for nonregulated 

toxic materials, and to remove the 

telephone number requirement from the 

lithium battery mark. 

DATES: Effective January 27, 2025. 

Applicable beginning January 19, 2025. 

FOR FURTHER INFORMATION CONTACT: Dale 

Kennedy, (202) 268–6592, or Jennifer 

Cox, (202) 268–2108. 

SUPPLEMENTARY INFORMATION: The Postal 

Service amends Publication 52, 

Hazardous, Restricted, and Perishable 

Mail (Pub 52 or Publication 52), with 

the provisions set forth herein. While 

not codified in title 39 of the Code of 

Federal Regulations (CFR), Publication 

52 is a regulation of the Postal Service, 

and changes to it may be published in 

the 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 and 

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. 

Summary of New Measures 

The Postal Service is the sole 

regulatory authority for the mail but 

aligns with regulations within 49 CFR in 

some instances. Per the regulations in 

49 CFR 171.1(d)(7) the Postal Service is 

not subject to the regulations in the 

Hazardous Materials Regulations 

(HMR). Due to the increase of 

eCommerce shipping over the last 

several years, HAZMAT/Dangerous 

Goods (DG) incidents have increased 

significantly. Historic postal data from 

2020 through 2022, showed a significant 

increase in HAZMAT/DG incidents, 

which prompted the Postal Service to 

implement new policies requiring 

mailers to present HAZMAT/DG 

separately from non-HAZMAT/DG and 

to include HAZMAT Service Type 

Codes (STC) and Extra Service Codes 

(ESC) when packages contain 

HAZMAT/DG. These requirements, at 

least in part, resulted in a 20% 

reduction of overall HAZMAT/DG 

incidents in 2023. 

Except as otherwise specified below, 

the Postal Service will require mailers 

shipping HAZMAT or DG to utilize 

rigid outer packaging that meets a 

minimum edge crush test requirement 

of at least 32 or 200 lbs. burst test 

strength for packages weighing 20 

pounds or less and at least 44 edge 

crush test or 275 lbs. burst test strength 

for packages weighing more than 20 

pounds. By implementing these 

requirements, the capability of packages 

to withstand normal processing and 

handling from induction to delivery 

point will be increased, reducing the 

overall potential for HAZMAT or DG 

incidents. 

Previously, the uses of padded and 

poly bags as outer packaging were 

permitted only when the mailpiece 

contained button cell batteries installed 

in the equipment/device they operate. 

This change will now allow mailers to 

use padded or poly bags as outer 

packaging for shipments containing 

lithium batteries installed in the new or 

manufacturer refurbished equipment/ 

device they operate when placed within 

in a secondary container (i.e., the 

manufacturer’s box) that can withstand 

a 1.2-meter drop test, and only if they 

do not display and are not required to 

display HAZMAT text, marks or labels 

as provided in sections 349.221a6, 

622.51f, and 622.52g of Publication 52. 

The Postal Service will remove 

quantity restrictions for nonregulated 

liquid and solid toxic materials, for 

products such as pesticides, 

insecticides, and herbicides in section 

346.232 of Publication 52, but any such 

items must be contained within outer 

packaging meeting the requirements of 

section 131 of Publication 52. 

Lastly, the Postal Service will align 

with Pipeline and Hazardous Materials 

Safety Administration’s (PHMSA) 

decision to remove the telephone 

number requirement from the lithium 

battery mark.1 The Postal Service 

encourages mailers to switch to a mark 

that does not include a telephone 

number as soon as possible and be fully 

compliant by January 1, 2027. 

This new rule reduces complexity and 

provides consistency for all customers. 

Therefore, the Postal Service believes 

this rule will provide a continued 

reduction in incidents and enhance the 

safety of our employees, our networks, 

and our transportation partners. 

Response to Comments 

In response to the proposed rule (88 

FR 86868, December 15, 2023), the 

Postal Service received six formal 

responses to the proposed changes. 

The comments received are as 

follows: 

Comment: One commenter requested 

a 60-day extension to the public 

comment period. 

Response: The Postal Service was 

unable to grant this request. 

Comment: One commenter indicated 

they didn’t believe outer packaging 

requirements should be based on the 

weight of hazardous materials, but 

instead on the total package weight and 

provided alternate language for new 

section 131. 

Response: The Postal Service agrees 

with the alternate language and has 

incorporated it within new section 131. 

Comment: One commenter indicated 

that the last sentence of proposed 

section 131 was very obtuse and may be 

misconstrued that it is applicable to 


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item b. The commenter suggested 

revisions to include a new item c. and 

updates to items a. and b. to incorporate 

the revision. 

Response: The Postal Service 

appreciates the feedback and 

understands there may be room for 

improvement, therefore, proposed 

section 131 has been revised to clarify 

that the lithium battery related 

exception is not in reference to the 

previous item. 

Comment: Two commenters 

supported the update to nonregulated 

toxic materials in section 346.232 of 

Publication 52 but suggested removing 

the reference to 49 CFR 172.101 (the 

Hazardous Materials Table) in the 

proposed Publication 52 revision. 

Response: The Postal Service 

appreciates the supportive comment 

and recommendations regarding the 

reference to the 49 CFR hazardous 

materials table. Section 346.232 has 

been revised accordingly. 

Comment: One commenter suggested 

that the entire package should be 

reviewed for strength not just the outer 

layer. This commenter further suggested 

that a lower minimum crush test 

requirement be considered for pieces 

weighing less than three ounces. 

Response: The Postal Service 

appreciates this feedback. To prevent 

additional complexities to the 

regulations, the Postal Service is moving 

forward with the originally proposed 

outer package strength requirements. 

Mailers who believe their packaging 

configuration meets the necessary 

strength requirements may request 

consideration for use of such packaging 

in writing to the Postal Service’s 

Director, Product Classification. 

Comment: Two commenters believed 

that setting minimum strength 

requirements for strong outer packaging 

goes beyond the requirements of the 

HMR and far exceeds what is necessary. 

In doing so, the Postal Service will 

increase costs to its customers and will 

hurt sustainability efforts. 

Response: The Postal Service 

appreciates the feedback regarding the 

outer packaging strength requirements. 

However, the Postal Service believes 

this change is necessary to establish 

clear parameters for all customers, not 

just those customers who are well 

versed and trained in hazardous 

material shipping requirements. In the 

past, customers have expressed 

confusion when the word, ‘‘rigid’’ was 

used for outer packaging requirements. 

This term is open to interpretation and, 

for instance, some customers believe 

that card stock or clay-coated paper is 

rigid and would be sufficient as outer 

packaging. By clarifying and specifying 

the requirements, all Postal Service 

customers will have a clear 

understanding of the requirements. 

Many manufacturers are already 

constructing packaging that meets or 

exceeds the new outer packaging 

requirements, contributing to 

sustainability. 

Comment: Two commenters suggested 

the Postal Service share aggregate 

reports of incidents, including the type 

of packaging utilized, and conduct 

stakeholder meetings to discuss 

incidents to inform the public of the 

challenges the Postal Service is facing 

during normal handling of hazardous 

materials. 

Response: Aggregate incident report 

data has been shared in the Summary of 

New Measures. However, the report 

does not include the type of packaging 

utilized. Currently, the Postal Service 

contacts customers regarding incidents 

and routinely consults with them until 

their packaging meets current 

requirements. The Postal Service 

appreciates the suggestion to consult 

with the public and will consider this 

in future endeavors. 

Comment: One commenter indicated 

that while they support the removal of 

quantity restrictions for nonregulated 

toxic materials, it is inappropriate to 

subject these products which do not 

meet the classification of hazardous 

materials to the same standards as those 

that do. 

Response: The Postal Service has 

unique challenges due to the nature of 

its business and implements rules to 

address such challenges. The purpose of 

requiring the same outer packaging for 

nonregulated toxic materials as for 

regulated hazardous materials is due to 

the significant incidents some of these 

products have caused during postal 

handling. However, these products are 

not being subjected to the same 

standards as Division 6.1 hazardous 

materials quantity restrictions, 

secondary packaging, leakproof or 

cushioning requirements that these 

products were subject to prior to this 

rule. 

Comment: Two commenters requested 

that if the Postal Service were to move 

forward with the proposed 

amendments, it should allow a 

minimum of one year before the changes 

go into effect in order to educate the 

downstream distribution channels on 

finalized requirements. 

Response: The Postal Service 

appreciates this feedback. With more 

than 500,000 employees and more than 

31,000 facilities nationwide, the Postal 

Service understands and shares the 

same challenges related to educational 

efforts. However, the Postal Service 

cannot delay implementation. 

Comment: Two commenters indicated 

that setting minimum burst strength or 

edge crust test requirements by weight 

will introduce complexity in the supply 

chain and ultimately lead to confusion 

and noncompliance. 

Response: As indicated in a previous 

response, the Postal Service believes 

setting these clear, simplistic parameters 

will reduce complexity and in fact 

provides clarity as the previous use of 

‘‘rigid’’ requirements proved to be an 

area of confusion that was left open for 

interpretation. 

Comment: One commenter indicated 

that requiring minimum burst test or 

edge crush test exceeds HMR and air 

requirements for limited quantities. Air 

requirements for limited quantities are 

more stringent and require limited 

quantities to be capable of a 1.2-meter 

drop test and 24 hours stack test. 

Limited quantity packages are limited to 

30kgs/66lbs. gross weight by all modes 

of transport. The necessity to require 

minimum burst or edge crush test 

requirements is not evident and the 

proposal provides no justification. 

Response: Although the Postal Service 

largely only accepts hazardous materials 

that are classified as limited quantities, 

there are other mailable hazardous 

materials that do not qualify as limited 

quantities. Allowing limited quantities 

to be exempt from the outer packaging 

requirement would create more 

complexity than the more simplistic 

approach taken as each material would 

have specific requirements. 

Comment: One commenter indicated 

that large manufacturers and 

distributors will be unable to comply 

with the requirement to have different 

burst or edge crush tests. This is because 

many hazardous materials entering 

postal networks are part of a multimodal 

distribution model which must be 

prepared in accordance with 49 CFR, 

and once introduced within the postal 

network must comply with Pub 52. 

Response: Large manufacturers and 

distributors should be well versed in 

handling complexities when they are 

preparing hazardous materials for 

transport as each mode of transport (e.g., 

air, rail, ground, vessel) has its own 

requirements. The Postal Service is selfregulated, and our regulations must be 

unique since most customers are not 

hazardous materials professionals. 

Comment: One commenter indicated 

that UN3841, Lithium-Ion batteries 

contained in equipment being shipped 

to military destinations from a larger 

distribution company to a postal 

induction site must be marked when 

there are more than two packages in the 


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consignment for this type of movement 

per Department of Transportation (DOT) 

regulations, which conflicts with Pub 

52. The commenter further requested 

the ability to mark these packages to 

military destinations with the lithium 

battery mark. 

Response: The Postal Service realizes 

the challenges larger distribution 

companies face regarding the mode of 

transportation when shipping lithium 

batteries contained in the equipment/ 

device to military destinations. As 

indicated previously, the Postal Service 

is self-regulated. Military mail sent 

overseas receives the benefit of domestic 

mail pricing through associated 

products, however the contents are 

required to adhere to international rules. 

As an example, domestically the lithium 

battery mark is permitted for eligible 

items containing lithium batteries, 

whereas internationally the use of a 

lithium battery mark is prohibited. 

Therefore, these packages must not 

display the lithium battery mark, or they 

will be rejected. 

Comment: One commenter stated that 

allowing the use of padded or poly bags 

as outer packaging for lithium batteries 

contained in equipment is not viable 

because it would cover the necessary 

lithium battery mark in accordance with 

49 CFR and would be considered an 

overpack according to 49 CFR. 

Response: The commenter may 

misunderstand the intent of the padded 

or poly bag outer packaging. The 

allowance for the padded or poly bag as 

outer packaging in the proposed rule 

specifically stated ‘‘. . . 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 are not required to 

display and do not display hazardous 

text, marks or labels . . . .’’ The 

purpose of this allowance is specifically 

for international mail, including our 

deployed military personnel, as 

manufacturer boxes often provide a 

detailed description of the contents and 

that there are batteries within the 

package. The policy for mailing lithium 

batteries to these destinations states 

there cannot be any marks or labels 

indicating the contents are lithium 

batteries. Often, such manufacturer 

boxes are intercepted at our 

international service centers and 

returned to the mailer. 

Comment: One commenter indicated 

that proposing a more rigid standard 

than required by 49 CFR for road or rail 

transport or as required by the 

International Air Transport Association 

(IATA) would further the inconsistency 

between the HMR and Pub 52. They 

further indicated that training 

employees to comply with different 

requirements and determine the 

transport mode for products is 

unrealistic and cost prohibitive and 

would render the Postal Service 

impractical in the distribution chain. 

Response: With more than 500,000 

employees and more than 31,000 

facilities nationwide, the Postal Service 

understands and shares the challenges 

that training employees brings to an 

organization. The broad Postal Service 

customer base requires the Postal 

Service to accommodate everyone 

regardless of their level of HAZMAT/DG 

understanding. The outer packaging 

change is necessary to provide clarity 

about HAZMAT packaging 

requirements, which ultimately 

increases the level of safety for 

everyone. 

Comment: One commenter stated that 

packaging and marking/labeling of 

products classified as hazardous 

materials are determined at the time of 

packaging and preparation for retail 

sales and at that point shippers do not 

know the destination address or 

movement type for these products. An 

application of multiple different 

packaging requirements is impossible 

and there is simply no way to comply 

with multiple standards and 

requirements for the same product 

based upon the final distribution 

method. This commenter urges the 

Postal Service to consider the impact to 

the industry in adopting these 

requirements and apply a more 

wholistic approach to further harmonize 

with the HMR. The commenter 

estimated annual training cost of 

$6,480,000 per year to comply with 

these various requirements. 

Response: As previously stated, the 

Postal Service understands and shares 

the same challenges related to training 

employees within large organizations. 

The broad Postal Service customer base 

requires it to accommodate everyone 

regardless of their level of HAZMAT/DG 

understanding. 

Comment: One commenter opposed 

allowing the use of poly or padded 

mailers as outer packaging for lithium 

batteries contained in equipment due to 

the challenge of training employees to 

differentiate between overpacks and 

covering items with poly mailers 

without identifying them as hazardous 

materials. Since the Postal Service 

doesn’t recognize overpacks, employees 

trained in the HMR would have 

confusion with applying requirements 

for overpacks when transported under 

the HMR versus within postal networks 

under Pub 52. 

Response: The poly/padded mailer 

exception is not intended for use on 

packages that must display a lithium 

battery mark or label. Doing so would be 

considered purposely not declaring 

these items as hazardous material and 

could lead to civil penalties. 

Comment: One commenter questioned 

the Postal Service’s decision to include 

the drop test height of 1.7 meters. 

Hazardous materials mailed under Pub 

52 can only be mailed in limited 

quantities and the HMR does not require 

testing on packages for limited 

quantities, it requires strong outer 

packaging. For air transport, section 

2.7.6.1 of IATA’s Dangerous Goods 

Regulations requires a limited quantity 

packaging to be capable of withstanding 

a 1.2-meter drop test. In 49 CFR 

173.185(c)(2), the drop test is not 

applicable to lithium batteries contained 

in equipment and states that they must 

be packaged in strong, rigid outer 

packaging ‘‘unless the cell or battery is 

afforded equivalent protection by the 

equipment in which it is contained.’’ 

Response: The Postal Service 

originally included the 1.7-meter drop 

test height requirement due to the 

highly mechanized environment within 

the postal network. After careful 

consideration of the comments and 

continuing efforts to protect our air 

transportation networks, the Postal 

Service has decided to change the drop 

test requirement to 1.2-meters. 

Comment: One commenter stated that 

setting minimum burst test or ECT 

requirements for outer packaging may 

appear to be a simple solution to ensure 

safe transport of HAZMAT but setting 

the minimum at 200 lb. burst test or 32- 

edge crust test for packages weighing 20 

pounds or less and 275 lb. burst test or 

44-edge crust test for packages weighing 

more than 20 pounds far exceeds what 

is necessary. These proposed minimum 

requirements will increase costs to 

Postal Service customers looking to 

transport good and impact sustainability 

efforts for companies trying to minimize 

the use of packaging materials. 

Response: As previously indicated, 

the increase in eCommerce shipping has 

led to increased HAZMAT/DG shipping, 

which led to increased HAZMAT/DG 

incidents in the mail. The Postal Service 

is not a manufacturer of shipping/ 

packaging containers or in the business 

of testing them. It is our hope that our 

customers would appreciate our 

commitment to safety and understand 

our reasons for taking a more simplistic 

approach to the outer packaging 

requirements for HAZMAT/DG. Lastly, 

the Postal Service is committed to 

sustainability, the requirement is for the 

strength of the box. There are no 


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prohibitions against mailers using 

sustainable outer packaging if it meets 

the applicable strength requirements. 

Comment: One commenter believes 

the packaging proposed in this new 

section can be readily met by those who 

ship hazardous materials through the 

Postal Service’s network, and that the 

required packaging is available from 

packaging suppliers and would help 

ensure the safety of these hazardous 

materials. 

Response: The Postal Service 

appreciates the support and agrees the 

packaging proposed will increase the 

level of safety for handling and 

transporting hazardous materials 

packages and it is easy to obtain. 

Comment: One commenter indicated 

that Pub 52, section 349.221(a)(5)(c), 

requires the inclusion of a telephone 

number and indicated that the United 

Nations Committee of Experts on the 

Transport of Dangerous Goods and on 

the Globally Harmonized System of 

Classification and Labeling of Chemicals 

adopted changes to the UN Model 

Regulations that removes the telephone 

number requirement as part of the 

lithium battery mark. The commenter 

recommended that the Postal Service 

also remove the telephone number 

requirement for the lithium battery mark 

from its regulations to maintain 

harmonization with both international 

and domestic regulations. 

Response: The Postal Service 

appreciates this input and is making the 

necessary changes within Pub 52 to 

align with this global change by 

removing the telephone number 

requirement from the lithium battery 

marking. 

Kevin Rayburn, 

Attorney, Ethics & Legal 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 and 

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 

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 

container/packaging, absorbent and/or 

cushioning material. 

When shipping hazardous materials, 

the following outer packaging is 

required: 

(a) Mailpieces containing hazardous 

materials weighing 20 pounds or less 

(except for item c.), must use outer 

packaging rated at 200 lb. burst test or 

32-edge crush test strength or 

equivalent, at minimum. 

(b) Mailpieces containing hazardous 

materials weighing more than 20 

pounds (except for item c.), must use 

outer packaging rated at 275 lb. burst 

test or 44-edge crush test strength or 

equivalent, at minimum. 

(c) Lithium batteries installed in the 

equipment/device they operate that are 

permitted to be mailed under sections 

349 and 622 may utilize padded or poly 

bags as outer packaging, provided they 

are within a secondary container (i.e., 

original manufacturer’s box) that can 

withstand a 1.2-meter drop test before 

being placed inside the padded or poly 

bag. These items must meet the 

following requirements: 

1. The equipment/device must be 

new, or manufacturer refurbished. 

2. The lithium batteries are afforded 

adequate protection by the equipment/ 

device. 

3. The outer packaging does not 

display, and is not required to display 

hazardous text, markings or labels as 

permitted in 349.221a6, 622.51f and 

622.52g. 

Note: USPS-Produced packaging must not 

be utilized for shipping mailable hazardous 

materials. See DMM 601.6.1. 

* * * * * 

3 Hazardous Materials 

* * * * * 

32 General 

* * * * * 

325.3 Mailable Warning Labels 

[Replace lithium battery mark with 

the following image in Exhibit 325.3a] 

* * * * * 

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 do not meet the 

classification criteria of a hazardous 

material under 49 CFR 172.101 with an 

oral LD50 value greater than 300 mg/kg 

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 the 

conditions provided in 451.3a. 

* * * * * 


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8178 Federal Register / Vol. 90, No. 16 / Monday, January 27, 2025 / Rules and Regulations 

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/ 

device they intend to operate. 

b. The equipment/device must be new 

or manufacturer refurbished. 

c. The batteries are afforded adequate 

protection by the equipment/device, 

and 

d. The secondary container (e.g., 

original manufacturer box), containing 

the equipment or device prevents 

damage and accidental activation, can 

retain the device without puncture of 

the packaging under normal conditions 

of transport and can withstand a 1.2- 

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. 

e. The outer package containing 

batteries does not display, and is not 

required to display hazardous materials 

text, marks, or labels. 

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/device 

they operate. 

a. The marks must be applied to the 

address side without being folded or 

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. Lithium metal cells or batteries 

must be marked with UN3090. 

d. Lithium metal cells or batteries 

installed in or packed with the 

equipment/device they intend to 

operate must indicate UN3091. 

e. Lithium-ion cells or batteries must 

be marked UN3480. 

f. Lithium-ion cells or batteries 

installed in or packed with the 

equipment/device they intend to 

operate must indicate UN3481. 

6. Lithium battery marks are not 

required on packages: 

a. Containing only lithium button cell 

batteries installed in the equipment/ 

device they operate; or 

b. Containing no more than 4 lithium 

cells or 2 lithium batteries installed in 

the equipment/device 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 ‘‘Watthour’’ 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 

D Lithium batteries permitted to be 

mailed under section 349, that are 

installed in the device they operate, are 

afforded adequate protection by that 

equipment/device, 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 

(i.e., original manufacturer’s box) that 

can withstand a 1.2-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. 

* * * * * 

Markings 

[Delete item 4., renumber existing 

number 5 to number 4 in section:] 

D Lithium metal batteries properly 

installed in the equipment they are 

intended to operate: * * * 

[Delete item 3. And renumber item 4. 

To 3. In section:] 

D Lithium metal batteries packed with 

the equipment/device they are intended 

to operate: * * * 

[Delete item 3. And renumber item 4. 

To 3. In section:] 

D Lithium metal batteries not packed 

with or installed in equipment/device 

(individual batteries: * * * 

[Delete item 3. And renumber item 4. 

To 3. In section:] 

D Lithium-ion batteries properly 

installed in the equipment/device they 

are intended to operate: * * * 

[Delete item 4. And renumber item 5. 

To 4. In section:] 

D Lithium-ion batteries packed with 

the equipment/device they are intended 

to operate: * * * 

[Delete item 3. And renumber item 4. 

To 3. In section:] 

D Lithium-ion batteries not packed 

with or installed in equipment/device 

(individual batteries: * * * 

* * * * * 


lotter on DSK11XQN23PROD with RULES1
Federal Register / Vol. 90, No. 16 / Monday, January 27, 2025 / Rules and Regulations 8179 

1Available at https://www.whitehouse.gov/ 

presidential-actions/2025/01/regulatory-freezepending-review/ (last accessed Jan. 22, 2025) 

2On Dec. 11, 2024, a correction notice was 

published which corrected a typographical error in 

the amendatory instruction. This notice did not 

change the effective date of the rule. 89 FR 99732. 

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 

D Lithium 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 (i.e., original 

manufacturer’s box) that can withstand 

a 1.2-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. 

* * * * * 

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. 

* * * * * 

[FR Doc. 2025–01618 Filed 1–24–25; 8:45 am] 

BILLING CODE 7710–12–P 

DEPARTMENT OF TRANSPORTATION 

National Highway Traffic Safety 

Administration 

49 CFR Part 571 

[Docket No. NHTSA–2023–0021] 

RIN 2127–AM37 

Federal Motor Vehicle Safety 

Standards; Automatic Emergency 

Braking Systems for Light Vehicles 

AGENCY: National Highway Traffic 

Safety Administration (NHTSA), 

Department of Transportation (DOT). 

ACTION: Final rule; delay of effective 

date. 

SUMMARY: This document delays the 

effective date of the November 26, 2024 

final rule partially granting petitions for 

reconsideration of a May 9, 2024 final 

rule that adopted Federal Motor Vehicle 

Safety Standard (FMVSS) No. 127, 

‘‘Automatic Emergency Braking for 

Light Vehicles,’’ which requires 

automatic emergency braking (AEB), 

pedestrian automatic emergency braking 

(PAEB), and forward collision warning 

(FCW) systems on all new light vehicles. 

DATES: The effective date of the rule 

amending 49 CFR 571.127 published on 

November 26, 2024 is delayed until 

March 20, 2025. 

ADDRESSES: Correspondence related to 

this rule should refer to the docket 

number set forth above (NHTSA–2023– 

0021) and be submitted to the 

Administrator, National Highway 

Traffic Safety Administration, 1200 New 

Jersey Avenue SE, Washington, DC 

20590. 

FOR FURTHER INFORMATION CONTACT: 

For technical issues: Mr. Markus 

Price, Office of Crash Avoidance 

Standards, Telephone: (202) 366–1810, 

Facsimile: (202) 366–7002. 

For legal issues: Mr. Eli Wachtel, 

Office of the Chief Counsel, Telephone: 

(202) 366–2992, Facsimile: (202) 366– 

3820. The mailing address for these 

officials is: National Highway Traffic 

Safety Administration, 1200 New Jersey 

Avenue SE, Washington, DC 20590. 

SUPPLEMENTARY INFORMATION: In 

accordance with the memorandum of 

January 20, 2025, from the President to 

executive departments and agencies, 

entitled ‘‘Regulatory Freeze Pending 

Review,’’ 1 this action temporarily 

delays the effective date of the rule 

entitled ‘‘Federal Motor Vehicle Safety 

Standards; Automatic Emergency 

Braking Systems for Light Vehicles,’’ 

published in the Federal Register on 

November 26, 2024, at 89 FR 93199.2

That rule made clarifying changes to the 

regulatory text of FMVSS No. 127 in 

response to petitions for reconsideration 

of the rule published May 9, 2024 titled 

‘‘Federal Motor Vehicle Safety 

Standards; Automatic Emergency 

Braking Systems for Light Vehicles’’ 

filed by the Alliance for Automotive 

Innovation (the Alliance), Toyota Motor 

North America, Volkswagen Group of 

America, and Scuderia Cameron 

Glickenhaus, LLC, as well as a petition, 

treated by NHTSA as a petition for 

rulemaking, from Autotalks. It also 

denied several changes requested by 

petitioners. 

This action is exempt from notice and 

comment under 5 U.S.C. 553 and is 

effective immediately upon publication 

today in the Federal Register, based on 

the good cause exceptions in 5 U.S.C. 

553(b)(B) and 553(d)(3), respectively. 

Seeking public comment is 

impracticable, unnecessary, and 

contrary to the public interest. The 

temporary delay in effective date is 

necessary to give Department officials 

the opportunity for further review and 

consideration of new regulations, 

consistent with the President’s 

memorandum of January 20, 2025. 

Given the imminence of the effective 

date, seeking prior public comment on 

this temporary delay would have been 

impractical, as well as contrary to the 

public interest in the orderly 

promulgation and implementation of 

regulations. The imminence of the 

effective date is also good cause for 

making this action effective 

immediately upon publication. 

Issued in Washington, DC, under authority 

delegated in 49 CFR 1.95 and 501.5. 

Peter Simshauser, 

Chief Counsel. 

[FR Doc. 2025–01832 Filed 1–23–25; 4:15 pm] 

BILLING CODE 4910–59–P 


lotter on DSK11XQN23PROD with RULES1