[Federal Register Volume 87, Number 108 (Monday, June 6, 2022)]
[Rules and Regulations]
[Pages 34197-34203]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-12003]


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POSTAL SERVICE

39 CFR Part 111


New Mailing Standards for the Separation of Hazardous Materials

AGENCY: Postal Service<SUP>TM</SUP>.

ACTION: Interim final rule.

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SUMMARY: The Postal Service is revising Publication 52, Hazardous, 
Restricted, and Perishable Mail (Pub 52), to incorporate new 
requirements for mailers to separate, into identifiable containers, all 
hazardous material (HAZMAT) requiring hazardous marks or labels from 
other mail when tendering to the Postal Service. The Postal Service is 
also adopting related standard operating procedures for the Postal 
Service's acceptance, dispatch, and mail processing personnel to 
maintain the integrity of HAZMAT separation. Additionally, the Postal 
Service will now require pre-owned, damaged, or defective electronic 
devices containing or packed with lithium batteries to be mailed only 
via surface transportation and to bear specified markings.

DATES: 
    Effective date: This rule is effective June 6, 2022.
    Comments due date: Comments must be received on or before July 6, 
2022.

ADDRESSES: Mail or deliver written comments to the Manager, Product 
Classification, U.S. Postal Service, 475 L'Enfant Plaza SW, Room 4446, 
Washington, DC 20260-3436. Email comments containing the name and 
address of the commenter may be sent to <a href="/cdn-cgi/l/email-protection#7e2e3d381b1a1b0c1f122c1b19170d0a1b0c3e0b0d0e0d50191108"><span class="__cf_email__" data-cfemail="9eceddd8fbfafbecfff2ccfbf9f7edeafbecdeebedeeedb0f9f1e8">[email protected]</span></a>, 
with a subject line of ``New Mailing Standards for the Separation of 
Hazardous Materials.'' Faxed comments are not accepted. All submitted 
comments and attachments are part of the public record and subject to 
disclosure. Do not enclose any material in your comments that you 
consider to be confidential or inappropriate for public disclosure.
    You may inspect and photocopy all written comments, by appointment 
only, at USPS[supreg] Headquarters Library, 475 L'Enfant Plaza SW, 11th 
Floor North, Washington, DC 20260. These records are available for 
review Monday through Friday, 9 a.m. and 4 p.m. by calling 202-268-
2906.

[[Page 34198]]


FOR FURTHER INFORMATION CONTACT: Dale Kennedy, (202) 268-6592, or 
Jennifer Anderson, (202) 268-2108.

SUPPLEMENTARY INFORMATION:

Background

    The Postal Service hereby amends Publication 52, Hazardous, 
Restricted, and Perishable Mail, with the provisions set forth herein. 
While not codified in title 39, Code of Federal Regulations (``CFR''), 
Publication 52 is a regulation of the Postal Service, and changes to it 
may be published in the Federal Register. 39 CFR 211.2(a)(2). Moreover, 
Publication 52 is incorporated by reference into Mailing Standards of 
the United States Postal Service, Domestic Mail Manual (``DMM'') 
section 601.8.1, which is incorporated by reference, in turn, into the 
Code of Federal Regulations. 39 CFR 111.1, 111.3. Publication 52 is 
publicly available, in a read-only format, via the Postal 
Explorer[supreg] website at https://pe.usps.com. In addition, links to 
Postal Explorer are provided on the landing page of USPS.com, the 
Postal Service's primary customer-facing website, and on Postal Pro, an 
online informational source available to postal customers.
    Misrouted and mishandled HAZMAT can and does cause fires, spills, 
corrosion, and other dangers to personnel and equipment of the Postal 
Service, air carriers, and surface transportation providers, as well as 
to mailers' property and to aircraft passengers.
    In particular, the increasing consumer use of lithium metal and 
lithium-ion batteries has brought a concomitant rise in fires and other 
dangerous incidents related to such batteries. The Federal Aviation 
Administration (FAA) has publicly reported 365 aviation incidents 
involving lithium batteries between January 23, 2006, and May 1, 2022, 
including a substantial number in just the most recent twelve months. 
FAA, Events with Smoke, Fire, Extreme Heat, or Explosion Involving 
Lithium Batteries, May 1, 2022, https://go.usa.gov/xusNT.\1\
---------------------------------------------------------------------------

    \1\ The FAA notes that the publicly reported incidents do not 
represent all incidents reported to the FAA, let alone all such 
incidents at large.
---------------------------------------------------------------------------

    The Pipeline and Hazardous Materials Safety Administration (PHMSA) 
has similarly reported a number of incidents involving mail between 
2014 and 2021. See PHMSA, Incident Statistics, last updated Mar. 9, 
2022, https://go.usa.gov/xJrSS. One-third of the PHMSA-reported mail 
incidents occurred on passenger aircraft; approximately half were 
discovered because of a thermal or release event; and more than half 
were discovered only after flight. A plurality of such items were Class 
9 items such as lithium batteries, and many were ineligible for air 
transportation. Moreover, in recent compliance inspections, PHMSA 
investigators ``routinely saw shippers and carriers improperly package 
and ship lithium batteries for disposal or recycling,'' including 
``packaging lithium batteries in a way that did not prevent short 
circuits, mixing damaged lithium batteries with other batteries in the 
same packaging within shipments for disposal or recycling, and shipping 
pallet loads of batteries in boxes and drums with inappropriate 
identification of the packages' contents.'' PHMSA, Safety Advisory 
Notice for the Disposal and Recycling of Lithium Batteries in 
Commercial Transportation 1-2, May 17, 2022, https://go.usa.gov/xJY3J.
    Internal Postal Inspection Service data and anecdotal reports from 
commercial air-carrier partners over the last few years likewise 
indicate a consistent and alarming rise in incidents involving mailed 
packages of both lithium batteries and other HAZMAT, including 
flammable liquids, aerosols, and strike-anywhere matches. Incidents 
include unlabeled or improperly labeled air-ineligible HAZMAT being 
accepted for air transportation, as well as properly prepared air-
ineligible HAZMAT that was improperly routed to air transportation 
because it was commingled with other mail and insufficiently visible to 
Postal Service personnel.
    The FAA and PHMSA have issued standards for safe carriage of 
lithium batteries, including a prohibition on air transportation of 
damaged, defective, or recalled lithium batteries. See, e.g., 49 CFR 
173.185. However, the determinants of hazard risk, such as damage, 
defects, state of charge, or packaging of batteries, are not outwardly 
apparent to Postal Service and other personnel handling packages. In 
other respects as well, safety depends on a shipper's awareness of and 
compliance with packaging, labeling, marking, and other HAZMAT shipping 
requirements. If a shipper does not make HAZMAT adequately visible to 
Postal Service personnel responsible for acceptance and sortation, then 
there is an unacceptably high risk that postal and air-carrier 
personnel will not know that the item warrants special handling and 
routing.
    While many incidents involving HAZMAT in the mail are minor and 
controllable, the risk of a major threat to an aircraft--including, in 
particular, passenger aircraft--and other infrastructure and personnel 
is real, severe, and growing with the rise in lithium-battery and other 
hazardous shipments. By way of illustration, the U.S. Coast Guard 
(USCG) recently reported that on August 19, 2021, a shipping container 
loaded with discarded lithium batteries caught fire, with heat intense 
enough not only to destroy much of the cargo, but also to burn a hole 
in the container's structure itself. USCG, Marine Safety Alert: Lithium 
Battery Fire, Mar. 10, 2022, https://go.usa.gov/xJYxu. USCG noted that 
the incident would have been ``catastrophic'' if it had occurred after 
loading onto the container ship. The same could be said if a similar 
fire arose from discarded lithium batteries aboard passenger aircraft. 
It is imperative that the Postal Service undertake measures to reduce 
the risk to its operations and aviation safety.
    On August 3, 2020, the Postal Service published a notice of 
proposed rulemaking regarding a proposed requirement to separate air-
eligible HAZMAT from all other matter in a mailing. 85 FR 46575. The 
Postal Service received several comments on that notice, and it 
appreciates the valuable public input. In particular, multiple 
commenters expressed support for the proposition of separating HAZMAT 
from non-HAZMAT matter and for further improving the Postal Service's 
ability to ensure that air-ineligible HAZMAT is not inadvertently 
loaded onto air transportation. Further study and intervening events 
have made clear that the initial proposal would not be sufficiently 
effective to mitigate the risk that HAZMAT poses to other mail; postal 
and air-carrier equipment and personnel; commercial air passengers; and 
the public at large. In lieu of the earlier proposal, therefore, the 
Postal Service is adopting the three measures described herein and 
solicits public comment on the new measures.

Summary of New Measures

    In addition to preexisting packaging, labeling, and marking 
requirements and other conditions for mailability, two conditions are 
necessary to ensure the proper handling and routing of HAZMAT.
    The first condition is visibility: The Postal Service must be aware 
of HAZMAT shipments in order to accord them appropriate attention. A 
HAZMAT package can easily evade postal HAZMAT processing if it is 
nestled beneath non-HAZMAT packages in a bulk mail receptacle. To 
address this problem, the Postal Service will require mailers tendering 
a mix of HAZMAT and non-HAZMAT items to present them separately, 
including in separate

[[Page 34199]]

mail receptacles with the exception of mail entered at a Destination 
Delivery Unit (DDU), Destination Sectional Center Facility (DSCF) or 
Destination Network Distribution Center (DNDC). In contrast with the 
2020 proposed rule, customers are required to separate all HAZMAT from 
non-HAZMAT, rather than only air-eligible HAZMAT, from other mail. 
While visibility is important for air-eligible HAZMAT to ensure proper 
handling, it is also important that surface-only HAZMAT not be 
erroneously routed to air transportation due to commingling with non-
HAZMAT. Separating all HAZMAT from non-HAZMAT will reduce the 
likelihood of commingling and increase the opportunity for Postal 
Service personnel to determine the proper procedures for any HAZMAT 
items presented.
    The second condition is separation integrity: Once recognized, the 
Postal Service must ensure that HAZMAT is not commingled with non-
HAZMAT, lest it be improperly handled or routed. Therefore, the Postal 
Service is directing personnel to keep HAZMAT items separate from non-
HAZMAT items at all points in the mailstream.
    This interim final rule also introduces specific labeling 
requirements for packages containing pre-owned, damaged, or defective 
electronic devices containing or packed with lithium batteries, and 
bars them from eligibility for any Postal Service product that makes 
routine use of air transportation. Among other things, mailings covered 
by the new requirements include used items sent pursuant to e-commerce 
or private sales transactions; lost items being returned to the owner; 
and items sent for repair, replacement, upgrade, warranty service, 
diagnostics, recycling, or insurance claims. For clarity, pre-owned 
electronic devices exclude those that are in new, unopened manufacturer 
packaging.
    The Postal Service and its partner air carriers have identified 
pre-owned, damaged, and defective electronic devices containing lithium 
batteries as a particular and growing cause of lithium-battery 
incidents. Indeed, damaged, defective, and recalled lithium cells and 
batteries are already ineligible for air transportation. 49 CFR 
173.185(f). Beyond devices with damage or defects to batteries 
themselves, such devices may also have other damage or defects that 
increase the chances of exposure and ignition of even an intact 
battery. Moreover, such devices are highly likely to be packaged 
without original packaging and have batteries in various conditions and 
varying states of charge. In contrast with new electronic devices in 
manufacturers' original packaging, consumers sending pre-owned, 
damaged, and defective electronic devices are less likely to be aware 
of HAZMAT requirements, let alone to comply with them.
    As a result of these factors, lithium batteries in pre-owned, 
damaged, and defective electronic devices pose a particular hazard, as 
demonstrated by numerous incidents reported to the Postal Service as 
involving such items. To reduce the risk of such incidents occurring on 
air transportation, the Postal Service will restrict pre-owned, 
damaged, and defective electronic devices containing or packaged with 
lithium batteries to domestic products that use surface transportation. 
Consequently, such items will be prohibited in inbound and outbound 
international mail; mail to, from, and between overseas military and 
diplomatic addresses; and mail to, from, and within certain domestic 
locations for which the Postal Service lacks surface transportation. 
Moreover, to ensure adequate visibility, the Postal Service will 
require that packages containing pre-owned, damaged, and defective 
electronic devices containing or packaged with lithium batteries be 
marked ``Restricted Electronic Device'' and ``Surface Transportation 
Only,'' in addition to any other applicable markings.
    As explained in the next section, the Postal Service has decided to 
implement these requirements immediately, due to the urgency of the 
danger to personnel, property, passengers, and the public. 
Nevertheless, the Postal Service is providing the public with a 30-day 
period for submission of comments on these changes. Following the 30-
day public comment period, the Postal Service will review and consider 
comments received and then publish a further final rule responding to 
those comments and making any changes to this interim final rule.

Administrative Procedure Act

    The Administrative Procedure Act (APA) does not ordinarily apply to 
Postal Service rulemakings. 39 U.S.C. 410(a). As a rare exception to 
that general rule, ``proceedings concerning the mailability of matter 
under this chapter and chapters 71 and 83 of title 18'' are 
extraordinarily subject to the APA. 39 U.S.C. 3001(m). Because the 
measures herein merely concern acceptance requirements, available 
services, and conditions of mailing for mailable matter, and do not 
concern the mailability of matter itself, they do not trigger the 
narrow exception for APA applicability.
    Even if this notice were deemed to be subject to the APA, good 
cause would exist, under 5 U.S.C. 553(b)(B), to issue the measures 
through this interim final rule without prior notice and a prior 
opportunity for public comment and, under 5 U.S.C. 553(d)(3), to 
dispense with the delayed effective date ordinarily prescribed by the 
APA. Pursuant to section 553(b)(B) of the APA, general notice and the 
opportunity for public comment are not required with respect to a 
rulemaking when an ``agency for good cause finds (and incorporates the 
finding and a brief statement of reasons therefor in the rules issued) 
that notice and public procedure thereon are impracticable, 
unnecessary, or contrary to the public interest.'' The APA also 
requires a 30-day delayed effective date, except, as relevant here, 
``as . . . provided by the agency for good cause found and published 
with the rule.'' 5 U.S.C. 553(d)(3).
    The Postal Service finds that it would be impracticable and 
contrary to the public interest to delay issuance of this rule for the 
purpose of soliciting prior public comment because there is an 
immediate and pressing need to reduce the risks that HAZMAT poses to 
postal operations, supplier equipment and personnel, commercial air 
passengers, and the public. As described in the sections above, 
internal and public incident data and discussions with commercial air-
carrier partners indicate an alarming rise in HAZMAT-related incidents 
in recent years. The rise in incidents concerns various forms of HAZMAT 
posing hazards to air transportation, including lithium batteries, 
flammable liquids and solids, and aerosols. As discussed in the 
preceding sections of this notice, pre-owned, damaged, and defective 
electronic devices containing or packaged with lithium batteries have 
been associated with a particular surge in fires and other incidents 
due to their compromised state, varying states of charge, lack of 
original packaging, and tender by consumers less likely to be aware of 
HAZMAT requirements than original equipment manufacturers and vendors. 
Any delay in implementation would intolerably increase the odds of a 
fire, explosion, or other catastrophic harm to personnel, property, 
passengers, and the public. Thus, delaying the implementation of the 
risk-mitigation measures in this interim final rule in order to receive 
and consider public comment would be impracticable and

[[Page 34200]]

contrary to the public interest.\2\ Immediate mitigation of these 
urgent safety risks also constitutes good cause for this interim rule 
to be effective immediately upon publication.
---------------------------------------------------------------------------

    \2\ See Jifry v. FAA, 370 F.3d 1174, 1179 (D.C. Cir. 2004) 
(upholding waiver of 5 U.S.C. 553(b)(B) based on Transportation 
Security Administration's determination that it was ``necessary to 
prevent a possible imminent hazard to aircraft, persons, and 
property within the United States''); Hawaii Helicopter Operators 
Ass'n v. FAA, 51 F.3d 212, 214 (9th Cir. 1995) (same, where interim 
final rule was aimed at immediately mitigating ``the threat to 
public safety reflected in an increasing number of helicopter 
accidents'').

Joshua J. Hofer,
Attorney, Federal Compliance.

    The Postal Service adopts the following changes to Publication 52, 
Hazardous, Restricted, and Perishable Mail, incorporated by reference 
into Mailing Standards of the United States Postal Service, Domestic 
Mail Manual (DMM), section 601.8.1, which is further incorporated by 
reference in the Code of Federal Regulations. 39 CFR 111.1, 111.3. 
Publication 52 is also a regulation of the Postal Service, changes to 
which may be published in the Federal Register. 39 CFR 211.2(a). 
Accordingly, for the reasons stated in the preamble, the Postal Service 
amends Publication 52 as follows:

Publication 52, Hazardous, Restricted and Perishable Mail

* * * * *

2 General Guidelines

* * * * *
    [Revise the title of subchapter 25 to read as follows:]

25 Basic Guidelines for Postal Service Personnel

* * * * *

251 Guidelines for Acceptance Personnel

    [Add new item c, renumber current item c as item d, revise item e 
(as renumbered), and add new items f and g to read as follows:]
    c. With the exception of mail entered at a Destination Delivery 
Unit (DDU), Destination Sectional Center Facility (DSCF), or 
Destination Network Distribution Center (DNDC) verify that all 
mailpieces containing mailable hazardous materials are presented 
separately from mailpieces not containing hazardous materials.
    d. Refuse (as permitted in POM 139) to accept any material that 
does not meet the applicable requirements for mailing and refer the 
circumstances to your local Postmaster or PCSC for a mailability ruling 
under 213 or 215, as appropriate.
    e. If a mailpiece containing a diagnostic (clinical) specimen is in 
a sack or tub, PS Tag 44 must be attached to ensure that the sack will 
be emptied at the processing point.
    f. With the exception of mail entered at a DDU, DSCF, or DNDC 
ensure mailpieces containing hazardous materials remain separated from 
other mailpieces and are placed into labeled containers further 
separated by transportation type. See 327.1a and 327.1b.
    g. See 253 for guidance regarding hazardous materials found in 
lobby drops or retail collection boxes.
* * * * *

252 Guidelines for Dispatch Personnel

    [Insert new item b as follows, and renumber current item b as item 
c:]
    b. Ensure that all mailpieces with a hazardous-materials mark or 
label are separated from all other mail and are placed into labeled 
containers further separated by transportation type. See 327.1a and 
327.1b.
* * * * *
    [Revise item 5 in item c (as renumbered) to read as follows:]
    5. If the mailpiece contains a material believed to be nonmailable, 
remove it from the mailstream and treat it in accordance with POM 
139.117-.118, as appropriate.
* * * * *
    [Add new section 253 to read as follows:]

253 Guidelines for Delivery and Collection Personnel

    Delivery and collection personnel must follow these procedures when 
delivering and collecting mail:
    a. Conduct a thorough examination of all sides of the mailpiece for 
hazardous material labels and markings or any nonmailable hazardous 
characteristics (e.g., prohibited marks or labels). If the mailpiece is 
nonmailable, leaking or stained, do not collect it; notify the 
customer, if present; and contact your supervisor. Ensure that mailable 
hazardous materials are separate from all other mail upon loading on 
your vehicle and remains separated at all times.
* * * * *

3 Hazardous Materials

* * * * *

32 General

* * * * *

327 Transportation Requirements

* * * * *

327.1 General

    [Revise item b to read as follows:]
    b. Surface Transportation. All mailable hazardous materials 
eligible to be sent as USPS Marketing Mail, USPS Retail Ground, Parcel 
Select, or Parcel Return Service must be prepared under the 
requirements that apply to surface transportation. A mailpiece 
containing mailable hazardous material with postage paid at USPS 
Marketing Mail, USPS Retail Ground, Parcel Select, or Package Return 
Service prices must not, under any circumstance, be transported on air 
transportation.
* * * * *

327.2 Air Transportation Prohibitions

    [Add new item g as follows, and renumber current item g as item h:]
    g. Pre-owned, damaged, or defective electronic devices containing 
or packaged with lithium batteries (see 349.12e).
* * * * *
    [Add new section 329 to read as follows:]

329 Presentation of Hazardous-Materials Mailings

    With the exception of mail entered at a DDU, DSCF, or DNDC each 
mailer of mailable hazardous materials requiring a label or marking 
must:
    a. Present such mailpieces separately from any mailpieces not 
containing hazardous materials. Where mailpieces are tendered in 
containers, pallets, or other mail transport equipment (see Handbook 
PO-502, Mail Transport Equipment), hazardous-materials mailpieces must 
be presented in a separate receptacle from non-hazardous-materials 
mailpieces.
    b. Clearly mark an exterior side of all receptacles containing 
hazardous materials mailpieces as'' HAZMAT''.
* * * * *

34 Mailability by Hazard Class

* * * * *

349 Miscellaneous Hazardous Materials (Hazard Class 9)

* * * * *

349.1 Definition

* * * * *

349.12 Lithium Battery--Definitions

    [Add new item e as follows:]
    e. Pre-owned, damaged, or defective electronic device means an 
electronic device containing or packaged with one or more lithium cells 
or batteries and where the electronic device (1) is not new and 
contained in new, unopened

[[Page 34201]]

packaging and/or (2) that has some form of damage or defect.
* * * * *

349.2 Mailability

* * * * *

349.21 Nonmailable Class 9 Materials

    [Add new item g and h to read as follows:]
    g. Damaged, defective, or recalled batteries unless approved by the 
director, Product Classification (see 214 for address).
    h. All pre-owned, damaged, or defective electronic devices in 
international mail or domestic air transportation.
* * * * *

Exhibit 349.222 Domestic Lithium Battery Mailability

    [Add new footnote 1 reference to Air Transportation column, create 
new footnote text, and renumber existing references previously numbered 
as 1 through 7 to 2 through 8]

----------------------------------------------------------------------------------------------------------------
                                                                                                  Mailpiece
                                      Surface transportation       Air transportation \1\      limitations \2\
----------------------------------------------------------------------------------------------------------------
Lithium Metal or Lithium Alloy Batteries \3\ \4\
Small, non-rechargeable, consumer-type batteries
----------------------------------------------------------------------------------------------------------------
    Contained in (properly         Mailable...................  Mailable...................  8 cells or 2
     installed in equipment).                                                                 batteries, 11 lbs.
    Packed with equipment, but     Mailable...................  Mailable...................  8 cells or 2
     not installed in the                                                                     batteries, 11 lbs.
     equipment.
    Without the equipment they     Mailable...................  Prohibited.................  5 lbs.
     operate (individual
     batteries in originally
     sealed packaging).
----------------------------------------------------------------------------------------------------------------
Lithium-ion or Lithium Polymer Batteries \5\ \6\
Small, rechargeable, consumer-type batteries
----------------------------------------------------------------------------------------------------------------
    Contained in (properly         Mailable...................  Mailable...................  8 cells or 2
     installed in equipment).                                                                 batteries.
    Packed with equipment, but     Mailable...................  Mailable...................  8 cells or 2
     not installed in the                                                                     batteries.
     equipment.
    Without the equipment they     Mailable...................  Prohibited.................  5 lbs.
     operate (individual
     batteries in originally
     sealed packaging).
    Without the equipment they     (*)........................  Mailable...................  8 cells or 2
     operate (individual                                                                      batteries.
     batteries in originally
     sealed packaging) (Intra-
     Alaska only).
----------------------------------------------------------------------------------------------------------------
Very Small Lithium Metal or Lithium-ion Batteries \7\ \8\
Exception for very small consumer-type batteries in USPS air transportation
----------------------------------------------------------------------------------------------------------------
    Contained in (properly         Mailable...................  Mailable...................  No limit on cells/
     installed in equipment).                                                                 batteries 5.5
                                                                                              pounds.
    Packed with equipment, but     Mailable...................  Mailable...................  No limit on cells/
     not installed in the                                                                     batteries 5.5
     equipment.                                                                               pounds.
----------------------------------------------------------------------------------------------------------------
Damaged, Defective, or Recalled    Prohibited, unless approved by the manager, Product Classification.
 Batteries.
----------------------------------------------------------------------------------------------------------------
\1\ Pre-owned, damaged, or defective electronic devices are prohibited from Air Transportation.
\2\ When a mailpiece limitation of 8 cells or 2 batteries is applicable, a mailpiece may contain either 8 cells
  or 2 batteries, not both.
\3\ Each cell must not contain more than 1g lithium content.
\4\ Each battery must not contain more than 2g aggregate lithium content.
\5\ Each cell must not exceed more than 20 Wh (watt-hour rating).
\6\ Each battery must not exceed 100 Wh.
\7\ Each lithium metal or lithium alloy cell or battery must not exceed 0.3 gram of lithium content.
\8\ Each lithium-ion or lithium polymer cell or battery must not exceed 2.7 Wh.

6 International Mail

* * * * *

62 Hazardous Materials: International Mail

* * * * *

622 Mailable Hazardous Materials

* * * * *

622.5 Lithium and Lithium-ion Cells and Batteries--General

    [Revise the first paragraph to read as follows:]
    Only lithium batteries under 622.51 and 622.52 that are properly 
installed in the equipment they operate may be sent internationally or 
to and from an APO, FPO, or DPO location (subject to the conditions 
prescribed by the Department of Defense listed in Overseas Military/
Diplomatic Mail in the Postal Bulletin). Damaged, defective, or 
recalled lithium batteries and pre-owned, damaged, or defective 
electronic devices containing or packaged with lithium batteries are 
prohibited and may not be mailed internationally or to and from APO, 
FPO, or DPO locations under any circumstances. See 349.21.
* * * * *

Exhibit 622.5 International Lithium Battery Mailability

    [[Add new footnote 2 to International APO/FPO/DPO column, create 
new 2 footnote text, and renumber existing references previously 
numbered as 2 through 8 to 3 through 9]

------------------------------------------------------------------------
                                                            Mailpiece
                                International APO/FPO/    battery limit
                                     DPO \1\ \2\               \3\
------------------------------------------------------------------------
Lithium Metal or Lithium Alloy Batteries \4\ \5\
Small, non-rechargeable, consumer-type batteries
------------------------------------------------------------------------
    Contained in (properly     Mailable...............  Maximum of 4
     installed in equipment).                            cells or 2
                                                         batteries.

[[Page 34202]]

 
    Packed with equipment,     Prohibited.............
     but not installed in the
     equipment.
    Without the equipment      Prohibited.............
     they operate (individual
     batteries in originally
     sealed packaging).
------------------------------------------------------------------------
Lithium-ion or Lithium Polymer Batteries \6\ \7\
Small, rechargeable, consumer-type batteries
------------------------------------------------------------------------
    Contained in (properly     Mailable...............  Maximum of 4
     installed in equipment).                            cells or 2
                                                         batteries.
    Packed with equipment,     Prohibited.............
     but not installed in the
     equipment.
    Without the equipment      Prohibited.............
     they operate (individual
     batteries in originally
     sealed packaging).
------------------------------------------------------------------------
Very Small Lithium Metal or Lithium-ion Batteries \8\ \9\
Exception for very small consumer-type batteries in international
 transportation
------------------------------------------------------------------------
    Contained in (properly     Mailable...............  Maximum of 4
     installed in equipment).                            cells or 2
                                                         batteries.
    Packed with equipment,     Prohibited.............
     but not installed in the
     equipment.
    Without the equipment      Prohibited.............
     they operate (individual
     batteries in originally
     sealed packaging).
------------------------------------------------------------------------
\1\ Unless otherwise prohibited by the international destination country
  or specific APO/FPO/DPO ZIP Code location.
\2\ Damaged, defective, or recalled lithium batteries and pre-owned,
  damaged, or defective electronic devices containing or packaged with
  lithium batteries are prohibited and may not be mailed internationally
  or to and from APO, FPO, or DPO locations under any circumstances.
\3\ When a mailpiece limitation of 4 cells or 2 batteries is applicable,
  a mailpiece may contain either 4 cells or 2 batteries, not both.
\4\ Each lithium metal or lithium alloy cell must not contain more than
  1g lithium content.
\5\ Each lithium metal or lithium alloy battery must not contain more
  than 2g of aggregate lithium content.
\6\ Each lithium-ion or lithium polymer cell must not exceed more than
  20 Wh (watt-hour rating).
\7\ Each lithium-ion or lithium polymer battery must not exceed 100 Wh.
\8\ Each lithium metal or lithium alloy cell or battery must not exceed
  0.3 gram of lithium content.
\9\ Each lithium-ion or lithium polymer cell or battery must not exceed
  a watt-hour rating of 2.7 Wh.

* * * * *

623 Nonmailable Hazardous Materials

    [Add new items m and n as follows:]
    m. All damaged, defective, or recalled lithium batteries (see 
349.21).
    n. All pre-owned, damaged, or defective electronic devices 
containing or packaged with lithium batteries (see 349.21).
* * * * *

Appendix C

* * * * *

USPS Packaging Instruction 9D

Lithium Metal and Lithium-Ion Cells and Batteries--Domestic

    [Revise the first paragraph to read as follows:]
    Except pursuant to 349.21, lithium metal (non-rechargeable) cells 
and batteries and lithium-ion (rechargeable) cells and batteries are 
mailable in limited quantities domestically via air or surface 
transportation when they are installed in or packed with the equipment 
they are intended to operate. Unless otherwise excepted, lithium metal 
and lithium-ion batteries (without equipment) are mailable in limited 
quantities domestically via surface transportation only. Lithium metal 
and lithium-ion batteries installed in or packed with pre-owned, 
damaged, or defective electronic devices meeting all mailability 
requirements in 349 are mailable via surface transportation only.
* * * * *

Mailability

    [Revise the first bullet as follows:]
    Lithium metal and lithium-ion cells and batteries installed in or 
packed with equipment (except for pre-owned, damaged, or defective 
electronic devices) are mailable via air or surface transportation.
* * * * *
    [Add new fourth bullet to read as follows:]
    Pre-owned, damaged, or defective electronic devices containing or 
packaged with lithium batteries (see 349.12e) must be mailed via 
domestic surface transportation only, provided they meet eligibility 
requirements in accordance with 349.
* * * * *

Markings

    [Revise the first main bullet to read as follows:]
    Lithium metal batteries properly installed in the equipment they 
are intended to operate (including pre-owned, damaged, or defective 
electronic devices):
* * * * *
    [Revise the second main bullet to read as follows:]
    Lithium metal batteries packed with the equipment they are intended 
to operate (including pre-owned, damaged, or defective electronic 
devices):
* * * * *
    [Revise the fourth main bullet to read as follows:]
    Lithium-ion batteries properly installed in the equipment they are 
intended to operate (including pre-owned, damaged, or defective 
electronic devices):
* * * * *
    [Revise the fifth main bullet to read as follows:]
    Lithium-ion batteries packed with the equipment they are intended 
to operate (including pre-owned, damaged, or defective electronic 
devices):
* * * * *
    [Add new bullet at end of section to read as follows:]
    Pre-owned, damaged, or defective electronic devices: In addition to 
any other applicable marking requirements listed above, packages 
containing pre-owned, damaged, or defective electronic devices 
containing or packaged with lithium batteries must be marked with the 
text ``Restricted Electronic Device'' and ``Surface Transportation 
Only'' on the address side of the package. See 221.1 and 325.1.
* * * * *

[[Page 34203]]

USPS Packaging Instruction 9E

Lithium Metal and Lithium-Ion Cells and Batteries--International and 
APO/FPO/DPO

* * * * *

Mailability

    [Add third and fourth bullets to read as follows:]
    Pre-owned, damaged, and defective electronic devices containing or 
packaged with lithium batteries are prohibited (see 623).
    Lithium batteries that are packed with equipment, lithium batteries 
sent separately from equipment, or lithium batteries installed in 
equipment they intend to operate that are damaged, defective, or 
recalled batteries are prohibited (see 623).
* * * * *
[FR Doc. 2022-12003 Filed 6-1-22; 11:15 am]
BILLING CODE 7710-12-P


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